|
This Agreement entered into this ZO'day of "'Jam' rrwalCL, 20tsa by and between the City of Everett, a
<br /> municipal corporation under the laws of the State of Washington (City) and
<br /> (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 Permit(s)for the Property and intends by virtue of this Agreement to comply
<br /> with the requirements of the Declaration of Covenants,Conditions and Restrictions referenced in Paragraph 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),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 /> 2.1.2. 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 /> 2.1.3. 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, and assigns hereby releases and waives any right to assert any claim or course of
<br /> action related to any loss or.damage to people or property either on or off the Property resulting from soils movement
<br /> by 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,and assigns to indemnify and
<br /> hold harmless the City, its officers, agents and employees from claims or courses of action caused solely by the
<br /> negligence of the City, its officer,employees and agents, and provided further,that if the claims or courses of action
<br /> are caused by or result from the concurrent negligence of(1) the Owner(s), his/her(their) heirs, successors, assigns
<br /> and agents,and(2)the City,its officer,agents and employees,the indemnity provisions provided herein shall be valid
<br /> and enforceable only to the extent provided by law;and
<br /> 2.1.4. Owners(s) and/or his/her(their)heir(s), successor(s), and 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 3: Severability
<br /> 3.1. It is expressly understood and agreed that invalidation of any provision contained in this document,or any portion
<br /> of such provision,by judgment or court order shall in no way affect any of the other provisions, which shall remain
<br /> 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.
<br />
|