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Section One: Recitals
<br />I.I. 71hc undersigned is (are) the owner(s) (Owner(s)) of or has (have) a substantial bcucf idal interest in lie value,
<br />use, enjoyment, and occupation of the real property described above (Property);
<br />1.2. 'a c City of Everett (City) has it substantial beneficial interest in the effective and srfe use of lands within its
<br />borders, and in due health, safety, and welfare of its citizens;
<br />1.3. 'Mc Property is located in an environmentally sensitive area more specifically defined as a "geologically
<br />luvardotis aca" in Chapter 19.37 of the Everett Municipal Code;
<br />1.4. "Geologically hazatdous areas" arc known by the City and underigned to be subject to landslides and other
<br />soils movement that may result in the damage or destruction, in whole or in part, of any buildin , struaim!,
<br />dwelling, or lands within or adjacent to such areas; and
<br />1.5. This Declaration is to be signed, acknowledged and recorded in die records of Snohomish County as a
<br />restrictive covenant, restricting and hunting use of geologically hazardous property that shall nm with the Im,d,
<br />before tune City will issue any Pennil(s) to do any work on property within a "geologically hazardous area."
<br />Section Two: Restrictions on Occupation, Use, and Development of the
<br />Property
<br />2.1. TTie Property may not be occupied, used or developed, or residential or commercial building, structure, or
<br />dwelling be erected or constructed on the Property, without first obtaining the Permit(s) from the City.
<br />2.2. TTrc City will not issue any Pemul(s) to Owner of Property unless and until Owner signs a contractual
<br />agreement (Agreement) with the City expressly providing that:
<br />2.L I. Owners(s) and his/her (their) heir(s), successor(s), legal representative(s) and assign(s) shall provide,
<br />design, ccnstruct, crest, 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 damage front the adverse impacts from soils
<br />movement within or adjacent to the Property, whether caused by Owners(s) and lusher (their) hcir(s), successor(s),
<br />legal representative(s), and assign(s) or otherwise, for the continued use and enjoyment of the Property;
<br />2.L2. It is the sole burden and responsibility of Owners(s) and his/her (their) heir(s), successor(s), legal
<br />represettafive(s) and assign(s) to obtain, ensure, and fund any design, approval, authorization, material, supplies,
<br />labor, services, maintenance, repairs, structural alterations, instuance, taxes, or assessments necessary or required to
<br />prevent, control or avoid damage from We adverse impacts from soils movement within or adjacent to the Property;
<br />2.2.3. In consideration of We issuance of the Pcnnit(s), Ow-ner(s) on hisher (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 loss or damage to people or property either on or off the Property
<br />resulting from soils movement by reason of or arising out of issuance of the Permit(s) 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 agents harmless from any claim(s) or courses of action related to any loss or damage 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, nothing herein shall require the Owmer(s) and his/her (their)
<br />heirs, successors, legal representatives, and assigns to indemnify and hold harmless the City, its officers, agents and
<br />employees from claims or courses of action caused solely by die negligence of the City, its officer, employees and
<br />agents, and provided further, that if the claims or courses of action arc caused by or result from the concurrent
<br />negligence of (1) the Owner(s), lds/lier(their) heirs, successors, assigns and agents, and (2) the City, its officer,
<br />agents and employees, the indenuuty provisions provided herein shall be valid and enforceable only to the extent
<br />provided by law; and
<br />2.2.4. Owners(s) and/or his/her (their) heir(s), successor(s), legal representative(s) and assign(s) will
<br />inform lus/lier (their) heirs, successors, legal 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 audcipatcd soils changes.
<br />Section Three: Subsequent Property Owners
<br />3.1. By accepting tide to any or all of die Property, any subsequent owners of the Property, including any heir(s),
<br />successor(s), legal representative(s) and assign(s) of lie Owner, (Subsequent Owners) shall accept and raWy the
<br />Agreement regardless of whether such party was a signatory to that Agreement
<br />3.2. By the terms of that Agreement Subsequent Owners) and/or his/her (their) heir(s), successor(s), legal
<br />representative(s), and assign(s) shall:
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