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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,
<br /> use,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
<br /> lands within its borders,and in the health,safety,and welfare of its citizens;
<br /> £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
<br /> soils movement that may result in the damage or destruction, in whole or in part, of any building, structure;
<br /> dwelling,or 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 Permits)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 Permits)from the City.
<br /> 2.2. The City will not issue any Pennit(s) to Owner of Property unless and until Owner signs a contractual
<br /> agreement(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,
<br /> erect,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
<br /> the 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
<br /> behalf of his/her(their)heirs,successors,assigns hereby releases and waives any right to assert any claim or course
<br /> of action related to any loss or damage to people or property either on or off the Property resulting from soils
<br /> movement by reason of or arising out of issuance of the Permit(s)by the City for development on the Property and
<br /> agrees to indemnify (including reasonable attorney's fees) and hold the City, its officers, employees and agents
<br /> harmless from any claim(s)or courses of action related to any loss or damage to people or property either on or off
<br /> the Property resulting from soils movement by reason of or arising out of issuance of the Permit(s)for development
<br /> on the Property;Provided,nothing herein shall require the Owner(s)and his/her(their)heirs,successors,assigns to
<br /> indemnify and hold harmless the City,its officers, agents and employees from claims or courses of action caused
<br /> solely by the negligence of the City, its officer, employees and agents, and provided further,that if the claims or
<br /> courses of action are caused by or result from the concurrent negligence of(1)the Owner(s),his/her(their)heirs,
<br /> successors,assigns and agents,and(2)the City,its officer,agents and employees,the indemnity provisions provided
<br /> herein shall be valid'and 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
<br /> risks associated with development thereon,of any conditions.or prohibitions on development,and of any features in
<br /> this 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
<br /> whether 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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