4704 HARBOR LN 2018-01-02 MF Import

Conditions and Restrictions (both documents related to geological hazardous areas) and the Critical Area Protective Covenant, copies of which were previously provided to the Andersons by the City. 2. Release. A. Effective on the date the City receives payment of the above -referenced $10,000 penalty, the City waives and releases the Andersons from any and all claims arising from or relating to the Tree Cutting, except that: (1) the City does not release any claim arising from or relating to any failure of the Andersons to comply with the ongoing maintenance requirements of the approved restoration plan, which are contained in the City Requirements, on the Andersons' property and Parcel No. 29043-500-401-600- (2) In the event that the owner of Parcel No. 004171-00C-0ri-0-9I grants the Andersons or their agent permission to implement the City Requirements on Parcel No. 004171-000-048-01, the City does not release the Andersons from any claim arising from or relating to any failure of the Andersons to comply with the City Requirements, on Parcel No. 004171-000-048-01; and (3) in the event that a person other than the Andersons asserts a claim against the City arising from or relating to the Tree Cutting (a "Third Party Claim"), the City does not release any claim that the City may have for indemnity from the Andersons and does not release any other right that the City may have to assert that liability for the Third Party Claim must be allocated in whole or in part to the Andersons. B. The Andersons release the City from any and all claims arising from or relating to the Tree Cutting. 3. Entire Agreement. This Agreement is the entire agreement between the Parties with respect to the subject matter set forth herein and supersedes any prior agreements between them with respect to such subject matter. 4. Jurisdiction and Venue. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Washington, without regard to its choice of law provisions. Venue for any cause of action arising out of or relating to this Agreement shall he in the Snohomish County Superior Court for the State of Washington. 5. Authority to Execute Entire Agreement. Individuals executing this Agreement have authority to bind the principals and do bind them by executing this document. The terms and conditions set forth above are agreed upon and effective as to the date of the last signature entered below. Settlement Agreement — 4704 Harbor Lane 2/