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202209270119 DocumennCOVENANTS Rec: S207SO Page-2 of
<br />Record Date:9/27R02211:25 AM Snohomish County, WA
<br />Section One: Recitals
<br />I.I. The undmignmi is (are) the Grantor/Covenantor/owneKa) oforbas (have) asubstantial interest in the value, use,
<br />enjoyment, and occupation of to out property described above C'Propeorty' );
<br />1.2. The Gmmtee/Covman[ee, the City of Everett (City) has a substantial interest in the effective and safe use of lands
<br />wihin its borders, and in the heath, safety, and welfare of its citizens;
<br />1.3. The Property u located in an environmentally sensitive area more specifically defined as a "geologically
<br />haurdous area' in Chapter 19.37 of the BVereu Municipal Code;
<br />1.4. "Geologically hazardous arms" are known by the City and undersigned w he subject to landslides and other soils
<br />conversion that may work in the damage in destructim m whole or in part, of any building, swmve, dwelling, or
<br />lands within or adjacent to such arcs;
<br />I.S. This Covenant is to be signed, aclmowledged and recorded in the records of Snohomish County as a restrictive
<br />covenant, restricting and limiting use of geologically bazardous property before the City will issue my Permits) to
<br />do any work on properly without a "geologically hamMous area'; and
<br />1.6. This Covenant concerns the Coveriartor/Grantors use, occupation or enjoyment of me Property and benefits the
<br />City in CovenmtWGrmtee. This Covenant is intended to bind successom and assigns and run with the land.
<br />2.1. The Property may not be occupied, used or developed, and no residential or commarcinl building, structure, or
<br />dwelling mall be ended or constructed on the Property, withnt fen obtaining the Permits) 6om the City.
<br />2.2. The Cory will not issue my Permits) to Owner of Property unless and will Owner signs a contractual agreement
<br />(Agreement) with the City expressly providing that:
<br />2.2.1. Ownm(s) mdhisdser (their) heir(s), suaeirsor(s), and assign(s) shall provid%design, commit" sect,
<br />maintain, repair, rebuild, in improve such stwbma(s), building(s), barriends), or dwelling(s) as is womanishly
<br />necessary to prevent, control or avoid damage Gram the adverse impacts from soils movement within in adjacent to
<br />the Property, whether caused by Ownera(s) and hisrlier (their) hch(s), suceemer(s), and assigns) or oMerwiae, for the
<br />continued me and mjuyrient of the Property;
<br />2.2.2. It is the sole burden and responsibility of Owners(s) and higher (theft) heir(&). succesmr(s), and
<br />midgets) to obtain, ensure, and fund any design, approval, authorization, mnedid, supplies, labor, se
<br />maintenance, reports, structural mustations, insurance, came, or assessments necessary or required w prevent, comrol
<br />or avoid damage from the adverse impacts Goa soils movement within or adjacent in the Property;
<br />2.2.3. In consideration oftbe issuance of me Perri Cmincirs) on his/her (Nair) own behalf and on behalf
<br />ofhiaher (Heir) heirs, successors, assigns hereby release and waives my right to seem any claim or course ofa noon
<br />related he my loss or damage to people in property either on or off the Property resulting from soils movement by
<br />ressin of or arising out of issuance of to Permits) by the City for development on the Property and agrees to
<br />indemnify (including reasonable atwmey's fees) and hold flue City, its officers, employees and agents harmlese Goa
<br />any clairs(s) or courses of action related to any loss or damage to people or property either on or off the Property,
<br />resulting firm soils movement by ream oforaisingour of issuance ofthe Permits) fordevelopmenton the Property;
<br />Provided, nothing herein shall require the Oxver(s) and Wisher (their) heirs, successors, areigns to indemnify and hold
<br />harmless the City, in officers, agents and employees from claims or courses of action caused solely by the irreligious
<br />of the City, its officer, employees and agents, and Provided further, Nat if the claims or courses of actin me caused
<br />by or result two the concurrent aegligence of (1) the Owner(%), hisYber(their) heirs, successors, assigns and agents,
<br />and (2) the City, its officer, agents and employees, the indemnity provisions provided herein shall be valid and
<br />enforceable only to fire woman Provided by law; and
<br />2.2.4. Commits) and/or his/Iset (theft) beir(s), successor(s), assign(s) will inform his/her (their) hem,
<br />saccesson, and assigns Mac the Property is in a geologically hazardous area, Net there may W acwel or potential risks
<br />associated with development Karen, of my cond them or prohibitions on development, and of any Features; in this
<br />dgn which will worst maintenance or modifcistion to address anticipated soils changes.
<br />Section Three: SubseauentProuerty Owners
<br />3.1. By accepting title to my or all of the Property, my subsequent owners of the property, including my beft(s),
<br />successor(%), assign(s) ofthe Owner, (Subsequent Ownm) shall accept and unity the Agrour ant regardless ofwbeher
<br />such parry wen a signatory to that Agreement.
<br />3.2. By the terms of that Agreement. Subsequent Goner(s) and/or hislber (theft) heh(sj, metatarsals), and asigri
<br />shall:
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