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Section One: Recitals
<br />1.1. The undersigned is (are) the o�i�ner(s) (O�vner(s)) of or has (have) a substantial beneficial interest in the value,
<br />tise, enjoyment, and occupation of the real property described aUove (Property);
<br />1.2. A covenant entitled "Declaration of Covenants, Conditions and Restrictions” «�as executed and recorded for the
<br />Pro�erty which requires Owner to ezecute a contractual agreement (Agreement) with the City prior to the City's
<br />issuance of any Permit for the occupation, use or developz��ent of residential or commercial building, structure, or
<br />d�velling to be erected or constnicted on the Property ;and has applied to the City of Everett (City) for a Pennit(s) for
<br />the Property;
<br />1.3. Owner has applied to the Cih� for a Perniit(s) for the Property and intends by virhte of tl�is Agreement to
<br />comply with the requirements of the lleclai-ation of Covenants, Coiiditions and Restrictio�is referenced in Paragraph
<br />1.2;
<br />Section Two: Pei•mit Issuance
<br />2.1. In consideration of the City issuing U�vner a Permii(s), O�vner does hereby a�ree to the following
<br />21.1. Ownexs(s) and his/hei• (their) heir(s), successor(s), legal representative(s) and assign(sj shall provide,
<br />design, construct, ere�ct, maintain, repaiY-, rebuild, or unprove such sn•ucture(s), building(s), ban�iers(s), or
<br />d��ellinQ(s) as is reasonably necessary to prevent, control or avoid damage from the adverse impacts from soils
<br />inovemeut within or adjacent to the Property; tis�hether caused by Owners(s) and his/her (their) heir(s); successor(s),
<br />legal representative(s), aud assign(s} or otherwise, for the continued use and enjoyment of the Property;
<br />2.1.2. It is the sole burden and z�esponsibility of O�vners(s) and his-'her (their) heir(s), successor(s), legat
<br />representative(s) and assign(s) to obtain, ensure, and fund any design, approval, authorization, material, supplies,
<br />labor, services, maintenance, repairs; sh-uctural alteratiuns, insurance, taxes, or assessments necessary or requixed to
<br />prevent, control or avoid damaje from the advei-se impacts fi�om soils movement �i�ithin or adjacent to the Property;
<br />2.1.3. In consideration of the issliance of the Permit(s), Owner(s) on his/her (theu�) o�vn behaif and on
<br />behalf of his/her (their) heirs, successors, legal representatives, and assigns hereby releases and waives any rijht to
<br />assert any claim or course of actio�l related to any loss or darna�e to people or property either on or off the Property
<br />i�esultin� from soils movement by reason of or arising otit of issuance of the Peimit(s) by the City for development
<br />on the Property and a�rees to indemnify (includine reasonable attorney's fees) and hold the City, itc officers;
<br />employees and agents harmless from any claim(s) or courses of action related to any loss or dama�e to people or
<br />propei-ty either on or off the Property resulting from soils movement by reason of or arising aut of issuance of the
<br />Permit(s) for development on the Propert}; Provided, nothing hereiil shall require tlie O�vner(s) and his/her (their)
<br />heirs, successors, legal representatives, and assigus to indemnify and hold harmless the City, its officers, agents and
<br />employees from claims or courses of action caused solely by the negligence of the City, its officer, employees and
<br />a�ents, and provided fiirther, that if the claims or courses of action are caused by or result from the concurrent
<br />negligence of (1) the Owner(s), his/her(their) heirs, successors, assi;ns and agents, and (2) the City, its officer,
<br />a�ents and employees, the indemnity provisious provided herein shall be valid and enforceable only to the e�tent
<br />provided by law; and
<br />2.1.4. O�vners(s) and/or his/l�ier (the�ir) heir(s), successor(s), legal representative(s) and assign(s) will
<br />inform his/her (theu-) heirs; successors, le�al representatives, and assigns that the Property is in a geologically
<br />hazardous area, tha.t there may be actuaI or potential risks associated with developiuent tl�ereon, of any conditions or
<br />prohibitiovs on development, and of any features in this desi�n which �vill require maintenance or modification to
<br />address anticipated soils changes.
<br />Section 3: Severabilitv
<br />31. It is e�pressly tinderstood and a�reed that invalidation of any provision contained in this docuuient, or any
<br />poi-tion of such provision, by jud�ment or court order shall in no «�ay affect any of the other provisioiis, �vhich shall
<br />remain in full force and effect.
<br />Section 4: Ve�nie
<br />4.1. It is agrecd that venue for any lawsuit arising out of this Agrezment shall be Snohomish County,
<br />Washington.
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