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Section One: Recitals
<br />I. I. The undersigned is (are) the Grantor/Covenantor/owner(s) of or has (have) a substantial interest in the value,
<br />use, enjoyment, and occupation of the real property described above ("Property");
<br />1.2. The Grantee/Covenantee, the City of Everett (City) has a substantial interest in the effective and safe use of
<br />lands within its borders, and in the health, safety, and welfare of its citizens;
<br />1.3. The Property is located in an environmentally sensitive area more specifically defined as a "geologically
<br />hazardous area" in Chapter 19.37 of the Everett Municipal Code;
<br />1.4. "Geologically hazardous areas" are known by the City and undersigned to be subject to landslides and other
<br />soils movement that may result in the damage or destruction, in whole or in part, of any building, structure,
<br />dwelline, or lands within or adjacent to such areas;
<br />1.5. This Covenant is to be signed, acknowledged and recorded in the records of Snohomish County as a restrictive
<br />covenant, restricting and limiting use of geologically hazardous property before the City will issue any Pemrit(s) to
<br />do any work on property within a "geologically hazardous area"; and
<br />1.6. This Convenant concerns the Covenantor/Grantor's use, occupation or enjoyment of the Property and benefits
<br />the City as Covenantee/Grantee. This Covenant is intended to bind successors and assigns and run with the 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, structure, or
<br />dwelling shall be erected or constructed on the Property, without first obtaining the Permit(s) from the 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), legal representative(s) and assign(s) shall provide,
<br />design, construct, erect, maintain, repair, rebuild, or improve such structure(s), building(s), barriers(s), or
<br />dwelling(s) as is reasonably necessary to prevent, control or avoid damage from the adverse impacts from soils
<br />movement within or adjacent to the Property, whether caused by Owners(s) and his/her (their) heir(s), successor(s),
<br />legal representative(s), and assign(s) or 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), legal
<br />representative(s) and assign(s) to obtain, ensure, and fund any design, approval, authoriz,Jon, material, supplies,
<br />labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments necessary or required to
<br />prevent, control or avoid damage from the adverse impacts from soils movement within or adjacent to the Property;
<br />2.2.3. In consideration of the issuance of the Pennit(s), Owner(s) on his/her (their) own behalf and on
<br />behalf of his/her (their) heirs, successors, legal representatives, and assigns hereby releases and waives any right to
<br />assert any claim or course 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 Permits) by the City for development
<br />on the Property and agrees to indemnify (including reasonable attorney's fees) and hold the City, its officers,
<br />employees and agents harmless from any claim(s) or courses of action related to any loss or damage to people or
<br />property either on or off the Property resulting from soils movement by reason of or arising out of issuance of the
<br />Permit(s) for development on the Property; Provided, nothing herein shall require the Owner(s) and his/her (their)
<br />heirs, successors, legal representatives, and assigns to indemnify and hold harmless the City, its officers, agents and
<br />employees from claims or courses of action caused solely by the negligence of the City, its officer, employees and
<br />agents, and provided further, that if the claims or courses of action are caused by or result from the concurrent
<br />negligence of (1) the Owner(s), histher(their) heirs, successors, assigns and agents, and (2) the City, its officer,
<br />agents and employees, the indemnity provisions provided herein shall he valid and enforceable only to the extent
<br />provided by law; and
<br />2.2.4. Owners(s) and/or his/her (their) heir(s), successor(s), legal representative(s) and assign(s) will
<br />inform his/her (their) heirs, successors, legal representatives, and assigns that the Property is in a geologically
<br />hazardous area, that there may be actual or potential risks associated with development thereon, of any conditions or
<br />prC-hibitions on development, and of any features in this design which will require maintenance or modification to
<br />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 heir(s),
<br />successor(s), legal representatives) and assign(s) of the Owner, (Subsequent Owners) shall accept and ratify the
<br />Agreement regardless of whether such party was a signatory to that Agreement.
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