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soils movement within or adjacent to the Property, whether caused by Owner(s), his/her (their) heir(s), successor(s), legal
<br />representative(s), and assign(s), or otherwise, for the continued use and enjoyment of the Property;
<br />3.2.2. Assume the sole burden and responsibility to obtain, fund and ensure any design, approval, authorization,
<br />material, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments necessary or
<br />required to prevent, control or avoid damage from the adverse impacts from soils movement within or adjacent to the
<br />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 people or
<br />property either on or off the Property resulting from soils movement by reason of or arising out of issuance of the Permit(s)
<br />by the City for 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 causes 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 issuance of the
<br />Permit(s) for development on the Property; Provided, nothing herein shall require the Subsequent Owner(s) and his/her
<br />(their) heir(s), successor(s), legal representative(s) and assign(s) to indemnify and hold harmless the City, its officers,
<br />agents and employees from claims or causes of action caused solely by the negligence of the City, its officer, employees
<br />and agents, and provided further, that if the claims or causes of action are caused by or result from the concurrent
<br />negligence of (1) the Owner(s), his/her(their) heirs, successors, assigns, and agents, and (2) the City, its officer, agents and
<br />employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent provided by law.
<br />Section Four: Reservations, Restrictions, and Covenants
<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 his/her
<br />(their) heir(s), agent(s), assign(s), legal representative(s), and successor(s) in interest, and that shall be contained in any
<br />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 portion of
<br />such covenant, by judgment or court order shall in no way affect any of the other provisions, which shall remain in full
<br />force and effect.
<br />�"'
<br />THIS .DAY OF
<br />Grantor 1
<br />20
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