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Section One: Recitals
<br />1.1. The undersi�ned is (are) the owner(s) (Owner(s)) of or has (have) a substantial beneficial interest in the value,
<br />use, enjoyment, and occupation of the real property described above (Property);
<br />1.2. A covenant entitled "Declaration of Covenants, Conditions and Restrictions" was executed and recorded for the
<br />Property which requires Owner to execute a contractual agreement (Agreement) with the City prior to the City's
<br />issuance of any Permit for the occupation, use or development of residential or commercial building, structure, or
<br />dwellin� to be erected or constructed on the Property ;and has applied to the City of Everett (City) for a Permit(s) for
<br />the Property;
<br />1.3. Owner has applied to the City for a Permit(s) for the Property and intends by virtue of this Agreement to
<br />comply with the requirements of the Declaration of Covenants, Conditions and Restrictions referenced in Paragraph
<br />1.2;
<br />Section Two: Permit Issuance
<br />2.1. [n consideration of the City issuing Owner a Permit(s), Owner does hereby agree to the following
<br />2.1.1. Owners(s) and his/her (their) heir(s), successor(s), lega] representative(s) and assign(s) shall provide,
<br />design, construct, erect, maintain, repair, rebuild., or improve such structure(s), building(s), barriers(s), or
<br />dwelling(s) as is reasonably necessary to prevent, control or avoid dama�e from the adverse impacts from soils
<br />movement wit�hin or adjacent to ti�e Property, whether caused by Owners(s) and his/her (their) heir(s), successor(s),
<br />legal representative(s), and assign(s) or otherwise, for the continued use and en�joyment of the Property;
<br />2.1.2. It is the sole burden and responsibility of Owners(s) and his/her (their) heir(s), successor(s), legal
<br />representative(s) and assign(s) to obtain, ensure, and fund any desi�n, approval, authorization, material, supplies,
<br />labor, services, maintenance, repairs; structural alterations, insurance, taYes, or assessments necessary or required to
<br />prevent, control or avoid dama�e from the adverse impacts from soils movement within or adjacent to the Property;
<br />2.1.3. In consideration of the issuance of the Permit(s), Owner(s) on his/her (their) own behalf and on
<br />behalf of his/her (their) heirs, successors, legal representatives, and assigns hereby releases and waives any right to
<br />assert any claim or course of action related to any ]oss or damage to people or property either on or off the Property
<br />resulting from soils movement by reason of or arisin; out of issuance of the Permit(sj by the City for development
<br />on the Property and agrees to indemnify (including reasonable attorney's fees) and hold the City, its officers,
<br />employees and a�ents harmless from any claim(s) or courses of action related to any loss or dama�e 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
<br />Permit(s) for development on the Property; Provided, nothin� herein shall require the Owner(s) and his/her (their)
<br />heirs, successors, legal representatives, and assi�ns to indemnify and hold harmless the City, its officers, agents and
<br />employees from claims or courses of action caused solely by the ne�li�ence o�f the City, its ofticer, employees and
<br />agents, and provided further, that if the claims or courses of action are caused by or result from the concurrent
<br />negli�ence of (1) the Owner(s), his/her(their) heirs, successors, assi�ns and agents, and (2) the City, its officer,
<br />agents and employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent
<br />provided by law; and Provided the foregoing indemnification provision shall not be enforceable against Wells
<br />Fargo Bank N.A.; and
<br />2.1.4. Owners(s) and/or his/her (their) lleir(s), successor(s), legal representative(s) and assi�n(s) will
<br />inform his/her (their) heirs, successors, le�al representatives, and assigns that the Property is in a geologically
<br />hazardous area, that there may be actual or potential risks associated with development thereon, of any conditions or
<br />prohibitions on development, and of any features in this design which will require maintenance or modification to
<br />address anticipated soils changes.
<br />Section 3: Severabilitv
<br />3.1. It is expressly understood and agreed that invalidation of any provision contained in this document, or any
<br />portion of such provision, by jud�ment ar court order shall in no way affect any of the other provisions, which shall
<br />remain in full force and effect.
<br />Section 4: Venue
<br />4.1. It is aQreed that venue for any lawsuit arisin� out of this Agreement shall be Snohomish County,
<br />WaSil lllat011.
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