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A. Applications for land development permits involving uncontrolled embankments shall be accompanied by an agreement signed by the property owner. The agreement shall be prepared by the City Engineer and shall contain the following provisions and such other provisions as may in the opinion of the City Engineer afford protection to the property owner and City:

1. The land development work shall be designated as an uncontrolled embankment and shall be constructed in accordance with plans approved by the City Engineer.

2. The owner acknowledges that, as an uncontrolled embankment, the site is not eligible for a building permit unless special soil analysis and foundation design are submitted.

3. The land development work shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto.

B. The agreement for uncontrolled embankments shall be approved by the City Council and recorded by the City Clerk in the office of the county recorder as an obligation upon the land involved. The notice shall remain in effect until release of the agreement is filed by the City Engineer. (Ord. 3005 § 1, 2005; Ord. 1797 § 1, 1978).