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This Agreement entered into this a day of , 20(k, by and between the City of Everett, a
<br /> municipal corporation under the lawlYsarY of the State of Washington (City) and
<br /> FFCC 01,LLC (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
<br /> comply with the requirements of the Declaration of Covenants,Conditions and Restrictions referenced in Paragraph
<br /> 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,
<br /> erect,maintain,repair,rebuild,or improve such stnicture(s),building(s),baniers(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 /> 2.1.2. 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
<br /> behalf of his/her(their)heirs, successors, and assigns hereby releases and waives any right to assert any claim or
<br /> course 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 Permits)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,and assigns
<br /> to 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 /> 2.1.4. 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
<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 3: Severability
<br /> 3.1. It is expressly understood and agreed that invalidation of any provision contained in this document, or any •
<br /> • portion of such provision,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 /> 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.
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