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11 /30/2020 Landmark Web Official Records Search <br />2.3 Riverview shall not construct, reconstruct, relocate, adjust, remove, or <br />repair any improvements within the City Property or otherwise use the City Property or any City <br />right-of-way, except in accordance with plans and specifications approved in advance by the City <br />Engineer. The City E gin er has approved improvements as described in the plans and <br />specifications dated //i//ZO/ 7 approved by the City of Everett in connection with the <br />Riverview building permit application under file number PW/!?Ofa -on -- At its sole <br />expense, Riverview shall operate, maintain, and repair any improvements it constructs within the <br />City Property or any City right-of-way. Such operation, maintenance, and repair shall include <br />such Riverview actions as may be necessary to avoid damage to City or public use of the rights -of - <br />ways. rnr <br />in <br />3. Rik Allocation. ies. <br />' <br />ari <br />3.1 Restoration. Within 90 days after completion of the Cleanup, Riverview <br />shall remove or decommission its soil and groundwater remediation equipment (including <br />decommissioning of all groundwater wells in accordance with Chapter 173-160 WAC), and shall <br />remove all debris, and Riverview shall restore the City Property to as nearly as possible to the <br />condition in which it was at the commencement of such work. <br />3.2 Indemnity. Riverview shall indemnify, defend and hold the City harmless <br />from and against any and all claims, liabilities, loss, demands, liens, costs and expenses including <br />reasonable attorneys' fees, agency orders, requirements or enforcement actions, suits and causes of <br />action and damages including but not limited to any claim for damage to property or injury or <br />death of any persons (collectively, "Claims") arising from or relating to the the Cleanup. Further, <br />Riverview shall indemnify, defend and hold the City harmless from and against any and all Claims <br />arising from or relating to any Hazardous Substance released at any time from the Riverview <br />Property. Riverview shall not indemnify the City for Claims caused solely by the negligence or <br />willful misconduct of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) the <br />Claims for which the Grantee is to indemnify the Grantor are caused or results from the concurrent <br />negligence of the City, then Riverview's duty to indemnify shall be valid and enforceable only to <br />the extent allowed by RCW 4.24.115. <br />3.3 Definition of Hazardous Substance. As used in this Environmental <br />Covenant, the term "Hazardous Substances' shall mean (i) any "Hazardous Substance" under the <br />Washington Model Toxics Control Act (Chapter 70.105D RCW), as amended from time to time <br />and regulations promulgated thereunder; (ii) any substance, the presence of which is prohibited by <br />any federal, state, county, municipal or other local governmental statutes, regulations, ordinances <br />or resolutions; and (ill) other substances deemed hazardous, toxic, a pollutant, or contaminant, <br />which by any federal, state, county, municipal or other local governmental statues, regulations, <br />3 <br />https://www.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# 3/8 <br />