1409 COLBY AVE 2016-01-01 MF Import

WITNES98TH wHEREAs, the undersigned is (are) the owner(s) of or has (have) a substantial beneficial interest in the real property described above; and t4HEREA3, owner(s) applied to the City of Everett for permission to construct an addition to a detached accessory building that wo+�ld be accessory to single family uae; and NOW, THEREFORE, OWNFsRS (S) AdRfifi(3) A3 FOLLOW3: l.Owner (s) agree that the uae of the detached accessory building shall be limited to accessory activities permitted by the zone in which the property is located and that the accessory building shall not be converted to or used as a dwelling unit or uaed for any puroose which is not in full compliance with the conditions of this covenant and with all City of Everett zoning and building regulations . 2 .Owner(s) agree that a violation of this cov-enant constitutes a violation of the City of Everett' s zoning code and/or other City regulation(s) . 3 .Owner(s) agree to waive any right to asaert any claim related to any losa or damage to people or pruperty either on or off the herein described property reaulting by reason of or ariait�g out of the permisaion granted by the City of Everett 'to place, construct and maintain the acceseory building as authorized he*'P�*! und agree to Andemnify (including reasonable attorney� s fees) and hold the City, its officere, employees and agente harmless frcm any claim(s) related to any lose or damage to people or property either on or off the herein described property resulting from or arising out of the granting of the permiseion to place, construct and maintain the acceseory building; Provided, nothing herein Ehall require the Owner (s) to indemnify and hold harmlesa the City, its officera, agents and employeea from claims caused solely by the negligence of the City, it officers, employeea and agenta, and provid>d further, that if the claims are caused by or result from the concurrent negligence of (1) the Owners, their heirs, successors, assigna and agenta, and (2) the City, its officera, agents and employeea, the indemnity proviaions provided herein shall be valid and enforceable only to the extent provided by law.