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<br /> This Agreement entered into thiQ/Oday of®cto r , 20_//,,z� by and between the City of Everett, a
<br /> municipal corporation and the laws of the State of Washington (City) and
<br /> SCJ D%=1H AlIJ�J a itis l�s (Owner).
<br /> Section One: Recitals
<br /> 1.1. The undersigned is (are)the owner(s) (Owner(s)) of or has(have) a substantial beneficial interest in the value,
<br /> use,enjoyment,and occupation of the real property described above(Property);
<br /> 1.2. A covenant entitled"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 the City's
<br /> issuance of any Permit for the occupation, use or development of residential or commercial building, structure, or
<br /> dwelling to be erected or constructed on the Property;and has applied to the City of Everett(City)for a Permit(s)for
<br /> the Property;
<br /> 1.3. Owner has applied to the City for a Permits) for the Property and intends by virtue of this Agreement to
<br /> comply with the requirements of the Declaration of Covenants, Conditions and Restrictions referenced in Paragraph
<br /> 1.2;
<br /> Section Two: Permit Issuance
<br /> 2.1. In consideration of the City issuing Owner a Permit(s),Owner does hereby agree to the following
<br /> 2.1.1. Owners(s)and his/her(their)heir(s),successor(s),legal representative(s)and assign(s) shall provide,
<br /> design, construct, erect, 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 from the adverse impacts from soils
<br /> movement within or adjacent to the Property,whether caused by Owners(s) and his/her(their) heir(s), successor(s),
<br /> legal representative(s),and assign(s)or otherwise,for the continued use and enjoyment of the Property;
<br /> 2.1.2. It is the sole burden and responsibility of Owners(s) and his/her (their) heir(s), successor(s), legal
<br /> representative(s) and assign(s) to obtain, ensure, and fund any design, approval, authorization, material, supplies,
<br /> labor, services,maintenance,repairs, structural alterations, insurance,taxes, or assessments necessary or required to
<br /> prevent,control or avoid damage from the adverse impacts from soils movement within or adjacent to the Property;
<br /> 2.1.3. In consideration of the issuance of the Permit(s), Owner(s) on his/her (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 Owner(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 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 concurrent
<br /> negligence of(1) the Owner(s), his/her(their) heirs, successors, assigns and agents, and (2) the City, its officer,
<br /> agents and employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent
<br /> provided by law;and
<br /> 2.1.4. Owners(s) and/or his/her (their) heir(s), successor(s), legal representative(s) and assign(s) will
<br /> inform his/her (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 anticipated soils changes.
<br /> Section 3: Severability
<br /> 3.1. It is expressly understood and agreed that invalidation 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 full force and effect.
<br /> Section 4: 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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