|
3.2.1. Provide, design, construct, erect. maintain. repair, rebuild, or improve such structure(s), building(s),
<br />bariers(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 Ow•ner(s), his/her (their) heir(s),
<br />successor(s), legal representative(s), and assign(s), or otbenvise, for the continued use and enjovment of the
<br />Property;
<br />3.2.2. Assume the sole burden and responsibility to obtain fund and ensue any design, approval,
<br />authorization, material, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or
<br />assessments necessary or required to prevent, control or avoid damage from the adverse impacts from soils
<br />movement within or adjacent to the Property: and
<br />3.2.3. Release and waive any right to assert any claim or cause of action related to any loss or damage to
<br />people or property either on or off the Property resulting from soils movement by reasem of or arising out of
<br />issuance of the Permit(s) by the City for development on the Property and agrees to indemnify (including seasonable
<br />attorney's fees) and hold the City, its officers, employees and agents harmless from any claim(s) 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 Permit(s) for development on the Property; Pro%'ded, nothing herein shall
<br />require the Subsequent Owner(s) and his/her (their) heirs), successor(s), legal representative(s) and assign(s) to
<br />indemnify and hold harmless the City, its officers. agents and employees from claims or causes of action caused
<br />solely by the negligence of the City, its officer, employees and agents, and provided Wither, that if the claims or
<br />causes of action are caused by or result from the concurrent negligence of (1) the On•ner(s), histher(their) heirs,
<br />successors, assigns, and agents, and (2) the City, its officer, agents and employees, the indemnity provisions
<br />provided herein shall be valid and enforceable only to the extent provided by law.
<br />Section Four: Reservations, Restrictions, and Covenants
<br />The undersigned declare that the Property is held and shall be conveyed subject to the reservations, restrictions, and
<br />covenants set forth in this Dccl:tmtion and in the Agreement.
<br />Section Five: Misc. General Provisions
<br />5.1. The covenants, agreements, and restrictions contained herein arc intended to be restrictive covenants and not
<br />conditions, that shall nm with the affected Property. that shill extend to and be binding upon the undersigned and
<br />his/her (their) heft(s), agent(s). assign(s), legal representative(s), and successor(s) in interest, and that shill be
<br />contained many future title report applicable to the Property.
<br />5.2. The covenants, agreements, and restrictions contained herein shall enhance and protect the value,
<br />attractiveness, utility, :njoytnert, occupation, development, use, and desirability of the Property.
<br />5.3. it is expressly understood and agreed that invalidation of any covenant contained in thi, document, or any
<br />portion of such covenant, by judgment or court order shall in no way affect any of the other provisions, which shall
<br />rejoin in full force and effect.
<br />DATED THIS DAY OF 2W LA
<br />4NE
<br />
|