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Section One: Recitals
<br />I.I. 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 />1.3.. 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 Permit(s) 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 Permit(s) from the City.
<br />2.2. The City will not issue any Permit(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), buildiug(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 Owners and/or his/her (their) heir(s), successor(s), and assigns)
<br />shall:
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