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- Section One: Recitals
<br /> 1.1. The undersigned is(are) the owner(s)(Owner(s))of or hes(have) a substantial beneficiel intetcst in the value,
<br /> use,enjoyment,and occupation of the real property described above(Property);
<br /> L2. A covenent entitled"Decleration of Covenants,Conditions and Restrictions"was ezewred and mcorded for the
<br /> Property which requires Ownet ta execure a conttactual agreement (AgreemenQ with the City prior ro the City's
<br /> issuance of any Perntit�for the occupation, use or development of residentiel or commercinl building, structuro, or
<br /> dwelling to be erected or wnstructed on thc Properry;and hes applied to the City of Everett(City) for a Pemrit(s) for
<br /> the Property;
<br /> 1.3. Owner has applied to the Ciry 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 Resvictions reforenced in Patagraph
<br /> 1.2;
<br /> Section Two: Permit Issuance
<br /> 2.1. In consideration of the City issuing Owner n Pertnit(s),Owner does hereby agree to the following
<br /> 2.1.1. Owners(s)and his/her(their)heir(s),successor(s),legal rcpresentative(s)end essign(s)shall provide,
<br /> design, canswct, erect, maintain, repair, rebuild, or improve such swcture(s), building(s), batriers(s), or
<br /> dwelling(s) as is reasonably necessary to prevent, conirol or avoid damage Crom the edverse impacts from soils
<br /> movement within or adjacent to U�e Property, whether caused by O�mers(s) and his/her(their) heir{s),successot{s),
<br /> Iegn1 representative(s),and assign(s)or othenvise, Cor thc contimied use and enjoyment of the Property;
<br /> 2.1.2. It is thc sole burden and responsibitiry of O�mers(s) and his/her (their) hei�(s), successoKs), legel
<br /> reprcsentative(s) and assign(s) to obtain, ensure, and fund any design, approval, authorizetion, marerial, supplies,
<br /> labor,scrvices,maintenance, rcpairs,structural altemtions, insurance, taxes,or assessments necessary or rcquiced to
<br /> prcvent,control or avoid damage Gom ihe adverse impacts Gom soils movement within or adjecent to the Propetty;
<br /> 2.1.3. In consideration of thc issunnce of thc Pemiit(s), Owner(s) on his/her (their) own behalf end on
<br /> behal(o(his/her (their) heirs, successors, legal representatives, and assigns hereby releases and weives any right to
<br /> assert any claim or course of action related to any loss or damage to people or property either on or ollthe Property
<br /> resulting from soila movement by reason of or arising out of issuance of the Pertnit(s)by the City for development
<br /> on ihe Property nnd agrces to indemnify (including reasonablc a�torney's fees) and hold the City, its officers,
<br /> employecs and agents l�acmless from any claim(s) or courses of action related to any loss or damage to people or
<br /> property cither on or off thc Propeny rcsulting from soils movement by reason of or arising out of issuance of the
<br /> Permit(s) Cor develapmcnt on tlie Propeny; Provided, nothing herein shall requirc the Owner(s) and his/her(their)
<br /> heirs,successors, legal representatives, and assigns to indemnify and hold hartnless the City, its officers,agrnts and
<br /> employees Crom claims or courses of action caused solely by Ihe negligence of the City, its o�cer, employees and
<br /> agents, and provided further, that if the claims or courses of action are caused by or result hom the concurrent
<br /> negligence of(t) the Owner(s), his/her(thcir) heirs, successors, assigns and agents, and (2) the City, its officer,
<br /> agents and employees, the indemniry provisions provided hercin shall be valid and enforceable only ro the extent
<br /> provided by law; nnd
<br /> 2.1A. Owners(s) and/or his/her (dieir) hcir(s), successar(s), legal representa�ive(s) and assign(s) will
<br /> in(orni his/her (their) heirs, successors, Iegal rcprcsentauves, and assigac thul the Properry is in a gmlogically
<br /> hazardous area, that there may be acwal or potential risks associated wilh development thereon,of any conditions or
<br /> prohibitions on devclopment, and of nny fwtures in this design which will require maimennnce or modification to
<br /> nddress nnticipated soils chnngcs.
<br /> Seclion 3: Severablllh�
<br /> 3.1. It is expressly understood and agreed that im�alidation oC any provision contained in this document, or any
<br /> portion oCsuch provision, by judgment or wurt order shall in no way uffect nny of the other provisions,which shall
<br /> remain in full furce nnd efTect.
<br /> Section 4: Venue
<br /> 4.1. It is agreed 1ha� venue for any lawsuit arising out of this Agreement shall be Snohomish Counry,
<br /> Washington.
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