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3.2. By the terms of that Agreement, Subsequent Owner(s) and/or his/her (their) heir(s), successor(s), legal
<br />representative(s), and assign(s) shall:
<br />3.2.1. Provide, design, construct, erect, maintain, repair, rebuild, or improve such structure(s), building(s),
<br />barriers(s), or dwelling(s) as is reasonably necessary to prevent, control or avoid damage from the adverse impacts
<br />from soils movement within or adjacent to the Property, whether caused by Owner(s), his/her (their) heir(s),
<br />successor(s), legal representative(s), and assign(s), or otherwise, for the continued use and enjoyment of the
<br />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
<br />movement 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 damage to
<br />people or property either on or off the Property resulting from soils movement by reason of or arising out of
<br />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), legal representative(s) and assign(s) to
<br />indemnify and hold harmless the City, its officers, agents and employees from claims or causes of action caused
<br />solely by the negligence of the City, its officer, employees and agents, and provided further, that if the claims or
<br />causes of action are caused by or result from the concurrent negligence of (1) the Owner(s), histher(their) heirs,
<br />successors, assigns, and agents, and (2) the City, its officer, agents and employees, the indemnity provisions
<br />provided herein shall be valid and enforceable only to the extent provided by law.
<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 and not
<br />conditions, that shall run with the affected Property, that shall extend to and be binding upon the undersigned and
<br />his/her (their) heir(s), agent(s), assign(s), legal representative(s), and successor(s) in interest, and that shall be
<br />contained in any future 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 any
<br />portion of such covenant, by judgment or court order shall in no way affect any of the other provisions, which shall
<br />remain in full force and effect.
<br />DATED T141S G DAY OF 5_ eg
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