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, <br /> %� . <br /> WITNESSETH <br /> WHEREAS, the undersigned is (are) the owner (s) of or has (have) a <br /> substantial beneficial interest in the real property described <br /> above; and <br /> WIiEREAS, owner(s) applied to the City of �verett for permission <br /> to construct an addition to a detached accessory building that <br /> would be accessory to single family use; and <br /> NOW, THEREFORE, OWNERS (S) AGREE (S) AS FOLLOWS: <br /> l .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 <br /> shall not be converted to or used as a dwelling unit or used for <br /> any purpose which is not in full compliance with the conditions I <br /> of this covenant and with all City of Everett zoning and building � <br /> regulations. <br /> 2 .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 /> 3 .Owner (s) agree to waive any right to assert any claim related <br /> to any loss or damage to people or property either on or off the <br /> herein described property resulting by reason of or arising out <br /> of the permission granted by the City of Everett to place, <br /> construct and maintain the accessory building as authorized <br /> herein and agree to indemnify (including reasonable attorney' s <br /> fee:�) and hold the City, its officers, employees and agents <br /> harmless from any claim(s) related to any loss or damage to <br /> people or property either on or off the herein described property <br /> resulting from or arising out of the granting of the permission <br /> Lo place, construct and maintain the accesscry building; <br /> Provided, nothing herein shall require the Owner (s) to indemnify <br /> and hcld harmless the City, its officers, agents and employees <br /> from claims caused solely by the negligence of the City, it <br /> officers, employees and agents, and provided further, that if the <br /> claims are caused by or result from the concurrent negligence of <br /> (1) the Owners, their heirs, successors, assigns and agents, and <br /> (2) the City, its officers, agents and employees, the indemnity <br /> provisions provided herein shall be valid and enforceable only to <br /> the extent provided by law. <br /> 20Q � 03I5UU43 <br />