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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
<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 reason of or arising out of
<br /> issuance of the Permit(s)by the City for development on the Property and agrees to indemnify(including reasonable
<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; Provided,nothing herein shall
<br /> require the Subsequent Owner(s) and his/her (their) heir(s), successor(s), and assign(s) to indemnify and hold
<br /> harmless the City, its officers, agents and employees from claims or causes of action caused solely by the negligence
<br /> of the City, its officer, employees and agents, and provided further,that if the claims or causes 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.
<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
<br /> portion of such covenant,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 /> DATED THIS !' P1'DAY OF OCi4 r ,20M .
<br /> ai/�� h
<br /> Grantoy
<br /> ', /06 % e &-'0 .
<br /> I
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