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Section Z'hree: Subsequent I�ro�ertv Owners
<br />3.1. By acceptui� title to any or all of the Property, any subsequent o�vners of the Property, including any heir(s),
<br />successor(s), legal representative(s) and as5ign(s) of the Uwner, (Subsequent Owners) shatl accept and ratify the
<br />Agreement regardless of �i�hether such pac-ty �vas a signatory to that Agreement.
<br />3.2. By the tenns of that AQreement, Subsequent O��,ner(s) and/or his/her (their) heir(s), successar(s), legal
<br />representative(s), and assign(s) shall:
<br />3.2.1. Provide, desi�n, construct, erect, maintain, repair, rebuild, or improve such structure(s), building(s),
<br />bairiers(s), or dwelling(s) as is reasonably necessaiy to prevent, control or avoid damage from the adverse impacts
<br />from soils n-�ovement within or adjacent to the Property; whether caused by Owner(s), his/her (iheu•) heir(s),
<br />successor(s), iegal representative(s), and assign(s), or other�vise, for the continued use and enjoyment of the
<br />Property;
<br />3.2.2. Assume the sole burden and responsibility to obtain, fund and ensure any design, approval,
<br />authorization, material, supplies, labor, services, maintenance, repairs, sriuctural alterations, insurance, taxes, or
<br />assessments necessary or requu-ed to prevent, control or avoid damage from the adverse impacts fi•om soils
<br />movement withiu or adjacent to the Property; and
<br />3.2.3. Release and waive any right to assert any claim or cause of action related to any loss or darnage to
<br />people or propert}� either on or off the Propert�� resultin; from soils movement by reason of or arisin� out of
<br />issuance of the Permit(s) by the City for development on the Propez-ty and agrees to indemnify (includuig reasonable
<br />attorney's fees) and hold the City, its officers, einployees and agents l�armless fi�om any claim(s) or causes of action
<br />related to any loss or damage to people or property either on or off the Property resultin� froin soils movement by
<br />reason of or arising out of issuance of the Pei�nit(s) for development on the Pi•operty; Provided, nothin� herein shall
<br />require the Subsequent Owner(s) and his/her (iheir) heir(s); successor(s), legal representative(s) ancl assiQn(s) to
<br />inciemnifi and hoid hat�nless the City, its officers; a�ents and employees fi-om clauns or causes of action caused
<br />solely by the negligence of the City, its officet-, eulployees and a�ents, and provided further, that if the claims or
<br />causes of action are caused by or result from the conctnrent ne�li�ence of (1) the Owner(s), his,'her(their) heirs,
<br />successors, assitrns, and agents, and (2) the Cit}, its officer, a�ents and employees, the indenuiity provisions
<br />provided herein �hall be valid and enforceable onl}� to the eYtent provided by law.
<br />Section_ Four: Reservations, Restrictions, and Covenanis
<br />The tmdersi�ned declare that the Properiy is held and shall be conveyed subject to the reservations, restrictions, and
<br />col�enants set forth in this Declaration anci in the Aareemenf.
<br />Section Five: Misc. General Provisions
<br />�.1. The covenants, agreements, and restrictions contained herein are intended to be restrictive covenants and not
<br />coziditions, that shall run with tlie affected Property, that shall extend to and be binding upon the undersigned and
<br />]lis!her (thev) lleu-(s), aeent(s), assi�n(s), 1e�al i•epresentative(s), and successor(s) in interest, and that shall be
<br />contained in any fiiture title report applicable to the Property.
<br />5.2. It is eapressly understood and agreed that ulvalidation of any covenant contaiiled in this document, or any
<br />portion of such covenant, by judgment or court order sl�all in no «�ay affect any of the other pi•ovisions, which sha11
<br />remain in fiill force and effect.
<br />DATED THIS � S"r DAY OF ,���.7-,_.-� ; , 201 r; .
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