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3.2. By the terms of that Agreement,Subsequent Owner(s)and/or his/her(their)heir(s),successor(s),and
<br /> assign(s)shall:
<br /> 3.2.1. Provide, design, construct, erect, maintain, repair, rebuild, or improve such structure(s),
<br /> building(s),barriers(s),or dwelling(s)as is reasonably necessary to prevent,control or avoid damage from the adverse
<br /> impacts from soils movement within or adjacent to the Property,whether caused by Owner(s),his/her(their)heir(s),
<br /> successor(s),and assign(s),or otherwise,for the continued use and enjoyment of the Property;
<br /> 3.2.2. Assume the sole burden and responsibility to obtain,fund and ensure any design,approval,
<br /> authorization, material, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or
<br /> assessments necessary or required to prevent,control or avoid damage from the adverse impacts from soils movement
<br /> within or adjacent to the Property;and
<br /> 3.2.3. Release and waive any right to assert any claim or cause of action related to any loss or
<br /> damage to people or property either on or off the Property resulting from soils movement by reason of or arising out
<br /> of issuance of the Permit(s)by the City for development on the Property and agrees to indemnify(including reasonable
<br /> attorney's fees)and hold the City,its officers,employees and agents harmless from any claim(s)or causes of action
<br /> related to any loss or damage to people or property either on or off the Property resulting from soils movement by
<br /> reason of or arising out of issuance of the Permit(s)for development on the Property;Provided,nothing herein shall
<br /> require the Subsequent Owner(s)and his/her(their)heir(s),successor(s),and assign(s)to indemnify and hold harmless
<br /> the City,its officers,agents and employees from claims or causes of action caused solely by the negligence of the
<br /> City,its officer,employees and agents,and provided further,that if the claims or causes of action are caused by or
<br /> result from the concurrent negligence of(I)the Owner(s),his/her(their)heirs,successors,assigns,and agents,and(2)
<br /> the City,its officer,agents and employees,the indemnity provisions provided herein shall be valid and enforceable
<br /> only to the extent provided by law.
<br /> Section Four: Reservations,Restrictions,and Covenants
<br /> The undersigned declare that the Property is held and shall be conveyed subject to the reservations,restrictions,and
<br /> covenants set forth in this Declaration and in the Agreement.
<br /> Section Five: Misc.General Provisions
<br /> 5.1. The covenants,agreements,and restrictions contained herein are intended to be restrictive covenants
<br /> and not conditions,that shall run with the affected Property,that shall extend to and be binding upon the undersigned
<br /> and his/her(their)heir(s),agent(s),assign(s),and successor(s)in interest,and that shall be contained in any future
<br /> title report applicable to the Property.
<br /> 5.2. It is expressly understood and agreed that invalidation of any covenant contained in this document,or
<br /> any portion of such covenant,by judgment or court order shall in no way affect any of the other provisions,which
<br /> shall remain in full force and effect.
<br /> DATED THIS / DAY OF October,2019.
<br /> eEDUTT• rratt r 4'o caner)
<br /> LirA.A.44. AmAlt.4)—
<br /> KRISTIE A.DUTTON,Grantor(Owner)
<br /> DECLARATION OF COVENANTS,
<br /> CONDITIONS AND RESTRICTIONS 3
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