|
This Agreement entered into this'' day of ' ' 't Iwt3 ,20 f and between the City of Everett,
<br /> a municipal corporation under the laws of the State of Washington(City)and William A.Conn and Kimberly
<br /> R. Conn,Trustees of the Conn Revocable Trust Dated June 30,2017 (Owner).
<br /> Section One: Recitals
<br /> 1.1. The undersigned is(are)the owner(s)(Owner(s))of or has(have)a substantial beneficial interest in the
<br /> value,use,enjoyment,and occupation of the real property described above(Property);
<br /> 1.2. A covenant entitled"Declaration of Covenants,Conditions and Restrictions"was executed and recorded
<br /> for the Property which requires Owner to execute a contractual agreement(Agreement)with the City prior
<br /> to the City's issuance of any Permit for the occupation, use or development of residential or commercial
<br /> building, structure, or dwelling to be erected or constructed on the Property ;and has applied to the City of
<br /> Everett(City)for a Permit(s)for the Property;
<br /> 1.3. Owner has applied to the City for a Permit(s)for the Property and intends by virtue of this Agreement
<br /> to comply with the requirements of the Declaration of Covenants,Conditions and Restrictions referenced in
<br /> Paragraph 1.2;
<br /> Section Two: Permit Issuance
<br /> 2.1. In consideration of the City issuing Owner a Permit(s),Owner does hereby agree to the following
<br /> 2.1.1. 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)
<br /> as is reasonably necessary to prevent,control or avoid damage from the adverse impacts from soils movement
<br /> within or adjacent to the Property,whether caused by Owners(s)and his/her(their)heir(s),successor(s),and
<br /> assign(s)or otherwise,for the continued use and enjoyment of the Property;
<br /> 2.1.2. It is the sole burden and responsibility of Owners(s)and his/her(their)heir(s),successor(s),
<br /> and assign(s) to obtain, ensure, and fund any design, approval, authorization, material, supplies, labor,
<br /> services,maintenance, repairs, structural alterations, insurance, taxes, or assessments necessary or required
<br /> to prevent,control or avoid damage from the adverse impacts from soils movement within or adjacent to the
<br /> Property;
<br /> 2.1.3. 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, and assigns hereby releases and waives any right to assert any
<br /> 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 Permit(s) by the City for
<br /> development on the Property and agrees to indemnify (including reasonable attorney's fees) and hold the
<br /> City, its officers, employees and agents harmless from any claim(s)or courses of action related to any loss
<br /> or damage to people or property either on or off the Property resulting from soils movement by reason of or
<br /> arising out of issuance of the Permit(s) for development on the Property; Provided, nothing herein shall
<br /> require the Owner(s) and his/her (their) heirs, successors, and assigns to indemnify and hold harmless the
<br /> City, its officers,agents and employees from claims or courses of action caused solely by the negligence of
<br /> the City, its officer, employees and agents, and provided further, that if the claims or courses of action are
<br /> caused by or result from the concurrent negligence of(1) the Owner(s), his/her(their) heirs, successors,
<br /> assigns and agents, and (2) the City, its officer, agents and employees, the indemnity provisions provided
<br /> herein shall be valid and enforceable only to the extent provided by law;and
<br /> 2.1.4. Owners(s)and/or his/her(their)heir(s),successor(s),and 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
<br /> or potential risks associated with development thereon, of any conditions or prohibitions on development,
<br /> and of any features in this design which will require maintenance or modification to address anticipated soils
<br /> changes.
<br /> Section 3: Severability
<br /> 3.1. It is expressly understood and agreed that invalidation of any provision contained in this document, or
<br /> any portion of such provision,by judgment or court order shall in no way affect any of the other provisions,
<br /> which shall remain in full force and effect.
<br />
|