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Section One: Recitals
<br />I. I. The undersigned is (are) the owncr(s) (Ow•ncr(s)) of or has (have) a substantial beneficia; inrsest in the value,
<br />use, enjoyment, and occupation of the real property described above (Property);
<br />1.2. A covenant en•illed "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 th, City's
<br />issuance of any Fennit for the occupation, use or development of residential or commercial building, stiuctr- or
<br />dwelling to be erected or conswicted on the Property ;and has applied to the City of Everett (City) for it Permit(s) , r
<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 Corch:ants, Condition and Restrictions referenced in Psmgmph
<br />1.2:
<br />Section Two: Permit Issuance
<br />2.1. In consideration of the City issuing Owner a Pemnit(s). Owner does hereby agree to the following
<br />2.1.1. Owners(s) and ids/her (their) lrcir(s), succcssor(s), legal representative(s) and assign(s) shall provide,
<br />design, construct, erect, maintain, repair, rebuild, or improve such siructure(s), building(s), barriers(s), or
<br />dw•clling(s) as is reasonably necessary to prevent, control or avoid d:uncge from the adverse impacts ftan soils
<br />movement within or adjacent to the Property, whether caused by Owncrs(s) and his/her (their) hcir(s), successor(s),
<br />legal rcpresentative(s), and assigns) or othensise, for the continued use and enjoyment of the Prop rn ,
<br />2.1.2. It is the sole burden and responsibility of Owners(s) and his/her (their) heir(s), successor(s), legal
<br />representati-,c(s) and assibm(s) to obtain, ensure, and fund :my design, approval, authon7-9tlon, nLitcnal. supplies,
<br />labor, scrvictts, maintenance, repairs, structural alterations, insurance, L•hxcs, or assessments necessary or required to
<br />prevent, control or avoid damage from the adverse impacts from soils movement within or adjacent to the PropLrty;
<br />2.1.3. In consideration of the issuance of the Pennit(s), Owners) on his/her (their) own belialf and on
<br />behalf of his/her (their) heirs, successors, legal representatives, and :assigns hereby releases and waives :my right to
<br />assert :my claim or course of action related to any loss or damage to people or property either on or off the Phopeny
<br />resulting from soils movement by reason of or arising out of issuance of the Pr•rinit(s) by the City for de elopmenr
<br />on die Property and agrees to indemnify (including reasonable attorney's fees) and hold the City, its officers,
<br />employees and agents harmless from any claim(s) of courses of action related to any loss or damage to people oh
<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, nothing herein shall require the Owner(s) and his/her tt!,J0
<br />heirs, successors, legal representatives, and assigns to indemnify and hold harmless die City, its officers, agents and
<br />cmplo)ccs from claims or courses of action caused solely by the negligence of the City, its officer, employees and
<br />agents, and provided further, that if the claims or courses of action are caused by or result from the commrrenl
<br />negligence of (1) the Owrer(s), hislher(Uheir) heirs, successors, assips and nfents, and (2) the City, its officer,
<br />agents and employees, the indemnity provisions provided herein shall be vnl:d and enforceable only to the extent
<br />provided by law; and
<br />2.1.4. Owners(s) and/or his/her (their) hcir(s), successor(s), legal rcprescntativc(s) and assign(s) will
<br />inform his/her (their) heirs, successors, legal representatives, and assigns that the ttoperty is in a geologically
<br />ltUadous area, that there may be actual or potential risks associatai with development Uhercon, of any conditions or
<br />prohibitions on development, and of any features is this design which :rill require maintenance or modification to
<br />address anticipated soils changes.
<br />Section 3: Severabilih•
<br />3.1. It is expressly understood and agreed that irr lidatiou of any provision contained in this document, or any
<br />portion of such provision, by judgment or court order shall in no way affect any of the other provisions, which shall
<br />remain in fill force and effect.
<br />Section J: Venue
<br />4.1. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County
<br />Washington.
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