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1 . Owilers (s) agree to abide Uy the conditions of approval as set <br /> forth in the Planning Director' s Decision dated the 3rd, day of <br /> July, 2007 autllorizing the placement of an attached accesscry <br /> building on the herein described properry. Owners (s) further <br /> agree to comply with all City of Everett' s regulat�ons <br /> including those set :orth in EMC 19. 7 concerning the placement, <br /> construction and maii�tenance of szid accessory buildinq. <br /> 2 .Owner (s) agree that the use of the detached accessory <br /> buildinq shall be limited to accessory activities permitted by <br /> the zone in which the property is located and that the <br /> accessory building shall not be conver.ted to living area or <br /> used for any purpose erhich is not- in full compliance with the <br /> conditions of this covenant and with all City of Everett zoning <br /> and Uuilding regulations . <br /> 3 .Owner (s) agree that a violation of this covenant constitutes <br /> a violation of the City of Everett' s zoning code and/or other <br /> City regulation (s) . <br /> 4 .Owner (s) agree to waive any riyht to assert any claim relal-ed <br /> to any loss or damage to persons or property resulting by <br /> reason of or arising out of the permission granted by the City <br /> of Everett to place, construct and maintain th�� accessory <br /> building as authori�ed herein and by the above described <br /> Planning Director' s decision and agree to indemnify (including <br /> reasonable attorney' s fees) and hold the City, its officers, <br /> employees and a�ents harmless from any claim(s) related to any <br /> loss or damaqe to persons or property resulting from or arising <br /> eut of the yranting of the permission to place, construct and <br /> maintain Lhe accessor�� btiilding; Provided, nothing herein shall <br /> require the Owner (s) to indemnify and hold harmless the City, <br /> its officers, agents and empluyees from claims caused solely by <br /> t:he negligence of the City, it officers, employees and agents, <br /> and previded further, that if the claims are caased by or <br /> result from the concurrent negligence of (1) the Owners, their <br /> tieirs, successors, assigns and agents, and (2) tlie City, its <br /> officers, a9ents and employees, the indemnity provisions <br /> provided herein shall be valid and enforceable only to the <br /> extent provided Uy law. <br /> 5.This document shall constir.ute a covenant running with the <br /> l�,nd and the rights and obligations of the parties hereto shall <br /> iilure to the benefit of and be bindiny upon their respective <br /> legal represenl-atives, successors and assigns . <br /> ; 3�S <br />