|
Section One: Recitals
<br />1.1. The undersi�ned is (are) the Grantor/Covenantor/owner(s) of or has (have) a substantial interest in the value,
<br />use, enjoyment, and occupation ofthe real property described above ("Property�");
<br />L2. The Grantee/Covenantec, the City of F_,verett (City) has a substantial interest in the effective and safe use of
<br />lands within its borders; and 'ul the health; safety, and welfare of its citizcns;
<br />1.3. The Property is located in an environmentally scnsitive area more specifically defined as a"geologically
<br />hazardous area" in Chapter 19.37 of the Evecett Municipal Code;
<br />1.4. "Geoloaicallv hazardous areas" are kno�vn by the City and undersigned to be subject to landslides and other
<br />soils movement that may result in t11e dama�� oi� ciestruction, in �i�hole or ul part, oF any buildinQ, sn�ucture,
<br />dwelling, or lands within or adjacent to such areas;
<br />1.5. This Covenant is to be signed, acknowledged and recorded in thc records of Snohomish County as a resirictive
<br />covenant; restrictiu� and limiting use of geologically hazardous propei-ry before the City �vill issue any Permit(s) to
<br />do any �voi•k on property withiu a"geolo�ically hazardous area"; and
<br />1.6. This Convenant concenis tlie Covenantor/Grantor's use, occupation or enjoyment of the Property and benefits
<br />the Cily as Covenantee/Grantee. This Covenant is intended to bind successors and assigns and lun �vith the land.
<br />Section 'I'wo: Restrictions on Occupation, Use, and Development of the
<br />Propertv
<br />2.1. The Property may not be occupied; used m- developed; and no residential or cominercial buildul�, structure, or
<br />dwelling shall be erected or constructed on the Property, without first obtainu�g the Pennit(s) fi-om th.e City.
<br />2.2. The Cih� will not issue anv Permit(s) to O�iner of Property unless and unti] O�ti�ner si�ns a contractual
<br />a�reement (Agreement) with the City expressly providing that:
<br />2.2.1. O«�ners(s) and his/her (their) heir(s), successor(s), le�al representative(s) and assi�n(s) shall provide,
<br />design, coilstr•uct, erect, maintaiii, repair, rebuild, or improve such stnicture(s), building(s), barriers(s), or
<br />dti��ellintr(s) as is reasonably necessary to prevent, control or avoid damage from the adverse impacts from soils
<br />movement �aithin or adjaceart to the Property, �vhether caused by O���ners(s) and his/her (their) heir(s), successor(s),
<br />le�al representative(s), and assign(s) or otherwise, for the continued use and enjoyment of the Property;
<br />2.2.2. It is the sole burden and responsibility of O�vners(s) and his/her (their) heir(s); successar(s), lega]
<br />i•epresentative(s) and assign(s) to obtaill, ensure, and fund any design, approval, authorization, material, suppiies,
<br />labor, services, maintenance, r�pau�s, structural alterations, insurance, taxes; or assessments necessary or requu�ed to
<br />prevent, conh�ol or avoid damage from the adverse impacts from soils movement within or adjacent to the Propei-ty;
<br />2.2.3. Tn considerati_on of the issuance of the Petmit(s), Owner(s) on his/l�er (their) o�vn behalf and on
<br />behalf of his/her (their) heirs; successoi•�, legal representatives, and assi;ns hei•eby releases and �vaives any right to
<br />assert any claim or course of action related to any loss or damage to people or property either on ar off the Property
<br />resulting from soils movement b}' reason of or arisin� out of issuance of the Permit(s) by the City for developrnent
<br />on the Property and agrees to indeulnify (includin; reasonable attorney's fees) and hold the City, its officers,
<br />emplo}�ees and aQents harmless from any claim(s) or courses of action related to any loss or damaae to people or
<br />propei-ry either on or off the Pa�operty resulting from soils movement by reason of or arising out of issuance of the
<br />Permit(s) for developmeni on the Property; Provided, nothing herein shall require the O���ner(s) and his/her (their)
<br />heirs, successors, legal representatives, and assigns to indemnify and hold harmless the Cit}�, its officers, agents and
<br />employees from claims or courses of action caused solely by the ne-gligence of the City, its officer, employees and
<br />agents, and pi•ovided fiirther, that if the claims or courses of action are caused by or result fi�oin the concun�ent
<br />negligence. of (1) the O�vner(s), his/lier(theii•) heirs, successors, assigns and agents, and (2) the City, its officer,
<br />aQents and employees, the indemnit}� provisions provided hereui shall be valid and enforceable oniy to the extent
<br />provided by la�v; and
<br />2.2.4. Owners(s) and/or his/her (their) hell•(s), successor(s), legal representative(s} and assign(s) �vill
<br />inform his/her (their) heirs; successors, legal representatives, and assigns that the Property is in a geologically
<br />hazardous area, that there may be actual or potential rislcs associated u�ith development thereon, of any conditions or
<br />}�rohibitions on developme�nt, and of any featui•es in this design ���hich �vill require mainteuance or modification to
<br />address anticipated soils changes.
<br />
|