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NOW, THEREFORE, Owner(s) agree(s) to abide by restrictions on <br /> occupation, use, enjoyment and development of the Property as <br /> follows: <br /> 1 .Owners (s) agree to abide by the conditions of approval as set <br /> forth in the Planning Director' s Decision dated the 6th , day <br /> of December , 20 19 authorizing the placement of a detached <br /> accessory building on the herein described property. Owners (s) <br /> further agree to comply with all City of Everett' s regulations <br /> including those set forth in EMC 19.7 . 020 concerning the placement, <br /> construction and maintenance of said accessory building. <br /> 2 .Owner (s) agree that the use of the detached accessory building <br /> shall be limited to accessory activities permitted by the zone in <br /> which the property is located and that the accessory building shall <br /> not be converted to living area or used for any purpose which is <br /> not in full compliance with the conditions of this covenant and <br /> with all City of Everett zoning and building regulations . <br /> 3 .Owner (s) agree that a violation of this covenant constitutes a <br /> violation of the City of Everett' s zoning code and/or other City <br /> regulation (s) . <br /> 4 .Owner (s) agree to waive any right to assert any claim related to <br /> any loss or damage to persons or property resulting by reason of <br /> or arising out of the permission granted by the City of Everett to <br /> place, construct and maintain the accessory building as authorized <br /> herein and by the above described Hearing Examiner' s decision and <br /> agree to indemnify (including reasonable attorney' s fees) and hold <br /> the City, its officers, employees and agents harmless from any <br /> claim(s) related to any loss or damage to persons or property <br /> resulting from or arising out of the granting of the permission to <br /> place, construct and maintain the accessory building; Provided, <br /> nothing herein shall require the Owner (s) to indemnify and hold <br /> harmless the City, its officers, agents and employees from claims <br /> caused solely by the negligence of the City, it officers, employees <br /> and agents, and provided further, that if the claims are caused by <br /> or result from the concurrent negligence of (1) the Owners, their <br /> heirs, successors, assigns and agents, and (2) the City, its <br /> officers, agents and employees, the indemnity provisions provided <br /> herein shall be valid and enforceable only to the extent provided <br /> by law. <br /> 3 of 4 <br />