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Section One: Recitals
<br /> 1.1. The undersigned is(are)the Grantor/Covenantor/owner(s)of or has(have)a substantial interest in the value,use,
<br /> enjoyment,and occupation of the real property described above("Property");
<br /> 1.2. The Grantee/Covenantee,the City of Everett(City)has a substantial interest in the effective and safe use of lands
<br /> within its borders,and in the health,safety,and welfare of its citizens;
<br /> 1.3. The Property is located in an environmentally sensitive area more specifically defined as a "geologically
<br /> hazardous area"in Chapter 19.37 of the Everett Municipal Code;
<br /> 1.4. "Geologically hazardous areas"are known by the City and undersigned to be subject to landslides and other soils
<br /> movement that may result in the damage or destruction, in whole or in part,of any building, structure,dwelling,or
<br /> lands within or adjacent to such areas;
<br /> 1.5. This Covenant is to be signed,acknowledged and recorded in the records of Snohomish County as a restrictive
<br /> covenant,restricting and limiting use of geologically hazardous property before the City will issue any Pennit(s)to
<br /> do any work on property within a"geologically hazardous area";and
<br /> 1.6. This Convenant concerns the Covenantor/Grantor's use,occupation or enjoyment of the Property and benefits
<br /> the City as Covenantee/Grantee.This Covenant is intended to bind successors and assigns and run with the land.
<br /> Section Two: Restrictions on Occupation,Use, and Development of the
<br /> Property
<br /> 2.1. The Property may not be occupied,used or developed,and no residential or commercial building,structure,or
<br /> dwelling shall be erected or constructed on the Property,without first obtaining the Permit(s)from the City.
<br /> 2.2. The City will not issue any Permit(s)to Owner of Property unless and until Owner signs a contractual agreement
<br /> (Agreement)with the City expressly providing that:
<br /> 2.2.1. Owners(s)and his/her(their)heir(s),successor(s),and assign(s)shall provide,design,construct,erect,
<br /> maintain, repair, rebuild, or improve such structure(s), building(s), barriers(s), or dwelling(s) as is reasonably
<br /> necessary to prevent,control or avoid damage from the adverse impacts from soils movement within or adjacent to
<br /> the Property,whether caused by Owners(s)and his/her(their)heir(s),successor(s),and assign(s)or otherwise,for the
<br /> continued use and enjoyment of the Property;
<br /> 2.2.2. It is the sole burden and responsibility of Owners(s) and his/her (their) heir(s), successor(s), and
<br /> assign(s) to obtain, ensure, and fund any design, approval, authorization, material, supplies, labor, services,
<br /> maintenance,repairs,structural alterations,insurance,taxes,or assessments necessary or required to prevent,control
<br /> or avoid damage from the adverse impacts from soils movement within or adjacent to the Property;
<br /> 2.2.3. In consideration of the issuance of the Permit(s),Owner(s)on his/her(their)own behalf and on behalf
<br /> of his/her(their)heirs,successors,assigns hereby releases and waives any right to assert any claim or course 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) by the City for development on the Property and agrees to
<br /> indemnify(including reasonable attorney's fees)and hold the City,its officers,employees and agents harmless from
<br /> any claim(s) or courses 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)for development on the Property;
<br /> Provided,nothing herein shall require the Owner(s)and his/her(their)heirs,successors,assigns to indemnify and hold
<br /> harmless the City,its officers,agents and employees from claims or courses of action caused solely by the negligence
<br /> of the City,its officer,employees and agents,and provided further,that if the claims or courses of action are caused
<br /> by or result from the concurrent negligence of(1)the Owner(s),his/her(their)heirs, successors,assigns and agents,
<br /> and (2) the City, its officer, agents and employees, the indemnity provisions provided herein shall be valid and
<br /> enforceable only to the extent provided by law;and
<br /> 2.2.4. Owners(s) and/or his/her (their) heir(s), successor(s), assign(s) will inform his/her (their) heirs,
<br /> successors,and assigns that the Property is in a geologically hazardous area,that there may be actual or potential risks
<br /> associated with development thereon, of any conditions or prohibitions on development,and of any features in this
<br /> design which will require maintenance or modification to address anticipated soils changes.
<br /> Section Three: Subsequent Property Owners
<br /> 3.1. By accepting title to any or all of the Property, any subsequent owners of the Property, including any heir(s),
<br /> successor(s),assign(s)of the Owner,(Subsequent Owners)shall accept and ratify the Agreement regardless of whether
<br /> such party was a signatory to that Agreement.
<br /> 3.2. By the terms of that Agreement,Subsequent Owner(s)and/or his/her(their)heir(s),successor(s),and assign(s)
<br /> shall:
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