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<br /> AREAWAY INDEMNITY AGREETENT
<br /> THIS INDENTURE, made this Twenty-seventh day of September, 1939,
<br /> by WEST COAST TELEPHONE COMPANY, owners of the real property hereinafter
<br /> described, hereinafter called the INDE}4NITORS;
<br /> WITNESSETH:
<br /> That for and in consideration of the permission to occupy
<br /> their areaway located at the Southwest corner of Rockefeller Avenue and
<br /> California Street, Everett, Washington, by maintaining or hereafter erect-
<br /> ing and maintaining therein in accordance with the application therefor
<br /> an areaway for steps or stairway under the area of the public place above
<br /> described, adjacent to and to be used in connection with the following des-
<br /> cribed real estate situated in EVERETT, SNOHOMISH COUNTY, WASHINGTON
<br /> to-wit:
<br /> Lots 25 and 26, Block 666, Plat of Everett City
<br /> for' and on behalf of themselves, their heirs, executors, administrators,
<br /> successors, assigns, lessees, sub-lessees, tenants and sub-tenants, do,
<br /> by these presents, hereby covenant and agree to forever hold and save
<br /> the CITY OF EVERETT free and harmless from any and all claims, actions
<br /> or damages of every kind and description which may accrue to, or be suf-
<br /> fered by, any person by reason of the use or occupation of the above
<br /> described public place, or of the construction, existence, maintenance
<br /> or use of the above described structure; and further covenant and agree
<br /> to assume the duty of inspecting and maintaining services, instrumenta-
<br /> lities and facilities installed in the areaway to be constructed or oc-
<br /> cupied under authority of such permit, and to assume all liability for„
<br /> and to save and hold the City harmless from, any and all loss, damage
<br /> or injury that may result to his or their own person or property, or
<br /> the person or property of another, by reason of the inefficient, unsafe
<br /> or inadequate construction or maintenance of such services, instrumenta-
<br /> lities or facilities.
<br /> This agreement is and shall be deemed to be a covenant at-
<br /> taching to and running with the above described real estate.
<br /> It is understood and agreed by the Indemnitors that the
<br /> permission to occupy the above described public place hereby contem-
<br /> plated is wholly of a temporary nature, vests to permanent rights
<br /> whatsoever, and that upon Thirty (30) days notice, posted on the premises,
<br /> or by publication in the official newspaper of the City of Everett, or
<br /> without such notice, in case such use or occupation shall become dan-
<br /> gerous or such structure shall become insecure or unsafe, or shall not
<br /> be constructed, maintained or used in accordance with provisions of
<br /> Ordinance No. 1586 of the City of Everett, as amended by Ordinance No. 2793
<br /> of the City of Everett, the same may be revoked and the structure and
<br /> obstructions ordered removed.
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