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3.2.1. Provide,design,construct,erect,maintain,repair,rebuild,or improve such structure(s),building(s),
<br /> barriers(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 Owner(s), his/her (their) heir(s),
<br /> successor(s),and assign(s),or otherwise,for the continued use and enjoyment of the Property;
<br /> 3.2.2. Assume the sole burden and responsibility to obtain, fund and ensure 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 movement
<br /> within oradjacent 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 reason of or arising out of issuance
<br /> of the Permit(s)by the City for development on the Property and agrees to indemnify(including reasonable attorney's
<br /> fees)and hold the City,its officers,employees and agents harmless from any claim(s)or causes of action related to
<br /> any loss or damage to people or property either on or off the Property resulting from soils movement by reason of or
<br /> arising out of issuance of the Permit(s)for development on the Property;Provided,nothing herein shall require the
<br /> Subsequent Owner(s)and his/her(their)heir(s),successor(s),and assign(s)to indemnify and hold harmless the City,
<br /> its officers, agents and employees from claims or causes of action caused solely by the negligence of the City, its
<br /> officer,employees and agents,and provided further,that if the claims or causes of action are caused by or result from
<br /> the concurrent negligence of(1)the Owner(s),his/her(their)heirs,successors, assigns, and agents,and(2)the City,
<br /> its officer,agents and employees,the indemnity provisions provided herein shall be valid and enforceable only to the
<br /> 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 Declaration and in the Agreement.
<br /> Section Five: Misc. General Provisions
<br /> 5.1. The covenants, agreements, and restrictions contained herein are intended to be restrictive covenants and not
<br /> conditions, that shall run with the affected Property,that shall extend to and be binding upon the undersigned and
<br /> his/her(their)heir(s), agent(s), assign(s), and successor(s)in interest, and that shall be contained in any future title
<br /> report applicable to the Property.
<br /> 5.2. It is expressly understood and agreed that invalidation of any covenant contained in this document,or any portion
<br /> of such covenant,by judgment or court order shall in no way affect any of the other provisions,which shall remain in
<br /> full force and effect.
<br /> DATED THIS DAY OF $C'0 6,i3e4 20 to.
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