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This Agreement entered into this ,3 day of ArAl , 20It, by and between the City of Everett, a
<br />municipal corporation under the laws of the State of Washington (City) and
<br />FFCC 01 LLC (Owner).
<br />Section One: Recitals
<br />I.I. 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 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 ofthe 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 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, 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 lawsuitDarisingothis
<br />Washington.
<br />Agreement shall be Snohomish County,
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