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<br /> 1.6. This Covenant concerns the Covenantor/Grantor's use,occupation or enjoyment of the Property and
<br /> benefits the City as Covenantee/Grantee.This Covenant is intended to bind successors and assigns and run with the
<br /> land.
<br /> Section Two: Restrictions on Occupation,Use, and Development of the
<br /> Property
<br /> 2.1. The Property may not be occupied used or developed, and no residential or commercial building,
<br /> structure,or dwelling shall be erected or constructed on the Property,without first obtaining the Permit(s)from the
<br /> City.
<br /> 2.2. The City will not issue any Permit(s)to Owner of Property unless and until Owner signs a contractual
<br /> agreement(Agreement)with the City expressly providing that:
<br /> 2.2.1. Owners(s) and his/her (their) heir(s), successor(s), and assign(s) shall provide, design,
<br /> construct,erect,maintain,repair,rebuild,or improve such structure(s),building(s),barriers(s),or dwelling(s)as is
<br /> reasonably necessary to prevent,control or avoid damage from the adverse impacts from soils movement within or
<br /> adjacent to the Property, whether caused by Owners(s) and his/her(their) heir(s), successor(s), and assign(s) or
<br /> otherwise,for the continued use and enjoyment of the Property;
<br /> 2.2.2. It is the sole burden and responsibility of Owners(s)and his/her(their)heir(s),successor(s),
<br /> and assigns)to obtain, ensure, and fund any design, approval, authorization, material, supplies, labor, services,
<br /> maintenance,repairs,structural alterations,insurance,taxes,or assessments necessary or required to prevent,control
<br /> or avoid damage from the adverse impacts from soils movement within or adjacent to the Property;and
<br /> 2.2.3. In consideration of the issuance of the Permit(s),Owner(s)on his/her(their)own behalf and
<br /> on behalf of his/her(their)heirs,successors,assigns hereby releases and waives any right to assert any claim or course
<br /> of action related to any loss or damage to people or property either on or off the Property resulting from soils movement
<br /> by reason of or arising out of issuance of the Permit(s)by the City for development on the Property and agrees to
<br /> indemnify(including reasonable attorney's fees)and hold the City,its officers,employees and agents harmless from
<br /> any claim(s)or courses of action related to any loss or damage to people or property either on or off the Property
<br /> resulting from soils movement by reason of or arising out of issuance of the Permit(s)for development on the Property;
<br /> Provided,nothing herein shall require the Owner(s)and his/her(their)heirs,successors,assigns to indemnify and hold
<br /> harmless the City,its officers,agents and employees from claims or courses of action caused solely by the negligence
<br /> of the City,its officer,employees and agents,and provided further,that if the claims or courses of action are caused
<br /> by or result from the concurrent negligence of(1)the Owner(s),his/her(their)heirs,successors,assigns and agents,
<br /> and (2) the City, its officer, agents and employees, the indemnity provisions provided herein shall be valid and
<br /> enforceable only to the extent provided by law;and
<br /> 2.2.4. Owners(s)and/or his/her(their)heir(s),successor(s),assign(s)will inform his/her(their)
<br /> heirs,successors,and assigns that the Property is in a geologically hazardous area,that there may be actual or potential
<br /> risks associated with development thereon,of any conditions or prohibitions on development,and of any features in
<br /> this design which will require maintenance or modification to address anticipated soils changes.
<br /> Section Three: Subsequent Property Owners
<br /> 3.1. By accepting title to any or all of the Property,any subsequent owners of the Property, including any
<br /> heir(s),successor(s),assign(s)of the Owner,(Subsequent Owners)shall accept and ratify the Agreement regardless
<br /> of whether such party was a signatory to that Agreement.
<br /> DECLARATION OF COVENANTS,
<br /> CONDITIONS AND RESTRICTIONS 2
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