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Section'fhree: Subsequent Property Owners
<br />3.1. fly accepting title to any or all of the Property, ;my subsequent owners of the Property, including any hcir(s),
<br />successor(s), legal representative(%) and assign(s) of the Owner, (SixLsequenl Owners) shall accept and ratify the
<br />.Agreement regardless of whether such party was a signatory to that Agreement.
<br />3.2. Ily the Icons of that Agreement, Subsequent Owner(s) andhn hisAfer (their) hcir(sv, %uccessor(s), legal
<br />represcntative(s), and assigns) shall:
<br />3.2.1. Provide, design, construct, erect, maintain, repair, mbuild, rr improve such stmehue(s), building(s),
<br />banicr%(s), or dwelling(s) as is reasonably necessary to prevent control or avoid damage from the adverse impacts
<br />from soils movement within or adjacent to the Property, whether caused by Owner(%), his/her (their) heir(s),
<br />succeMsur(%), legal « presenlative(s), and assign(s), or othemisc, for tit, continued use and enjoyment of the
<br />Property;
<br />3.2.2. Assuntc life sole burden and responsibility to obtain, fund and ensure any design, approval,
<br />authorization, material, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or
<br />assessments necessary or requited to prevrnL control or avoid danagc from the adverse impacts front soils
<br />movement within of adjacent to Ilse Property; and
<br />3.2.3. Release and waive any right to asscrt air), clan of cause of action related to ;wry 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
<br />issuance of the Pcnnii(s) by the City for development on the Property and agrees to indemnify, (including reasonable
<br />atto ney's fees) and hold the City, its officers, employees mad agents harmless from any claim(%) or causes of action
<br />related to any loss or damage to people or property either on or off the Property resulting from soils movement by
<br />reason of or arising out of issuance of the Pennit(s) for development on the Property; Provided, nothing herein shall
<br />require the Subsequent Owners) and his/her (their) heir(s), stccessor(s), legal representalive(s) and assign(s) to
<br />indemnify and hold harmless the City, its officers, agents ;tit([ employees from claims or causes of action caused
<br />solely by the negligence of the City, its officer, employees and agents, and provided further, that if the claims or
<br />causes oi'action are caused by or result from the concurrent negligence of (1) the Owner(s), hisRua(thcir) heirs,
<br />successors, assigns, art(] agents, and (2) the City, its officer, agents and employees, the indemnify provisions
<br />provided herein shall be valid and enforceable only to the extent provided by law.
<br />Section Four: Reservatinns, Restrictions, :old Covenants
<br />llte undersigned declare that the Property is held and shall be conveyed subject to lire reservations, restrictions, and
<br />covenants set forth in this Declaration and in the Agmemcut.
<br />Section Five: Misc. Central Provisions
<br />5.1. lL(•. covenants, agreements, and restrictions contained herein are intended to be restrictive covenants and not
<br />conditions, that shall inn with the allceted Property, that shall extend to and be binding upon the undersigned and
<br />his/her (their) heit(s), agetu(s), assign(%), legal representative(s), and successor(s) in interest, and that shall be
<br />contained in any 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
<br />portion of such covenant, by judgment or court order shall in no way affect tiny of the other provisions, which shall
<br />remain in full force and effect.
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<br />DATED TIFIS 3 DAy ()F /1/uve.1`� , 2110Y
<br />rmnlor LI
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