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WHEREAS, the <br />substantial <br />above; and <br />W ITNE S SETFI <br />undersigned is (are) the ovmer(s) of or has (have) a <br />beneficial interest in the real property des�ribed <br />TVIiERE:AS, owner(s) applied to the City of Everet-L- for permission <br />to construct an additi.on to a detached accessory building thal <br />would be accessory to single family use; and <br />NOW, THEREFORE; OWNERS(S) AGREE(S) AS FOLLOWS: <br />]..Owner(s) agr.e� that L-he use of tl�e detacl�ed accessory building <br />siiall b� ].imiLed to accessory activiLies permitL-ed by the zone in <br />cahich the property is located and that the accessory building <br />shall not be converLed to or used as a dwelli.ng unit or used for <br />any purpose which is not in iuJ_1 compliance wi.th the conditions <br />of this covenanL- ar,d wir_h all City of Everett zoning and building <br />regulaY_ions. <br />'.Owncr(s) agree that= a v:i.laCiw� of L'his covenant constitutes a <br />violation of t:he Ci.Cy of EvereCc's zoning code and/or oLher City <br />*sgulation(�). <br />3.Owner(s) agree to waive any right to assert any claim related <br />tc any loss or damage L-o people or property either on or off the <br />lierein described property resulting by reason of or arising out <br />of the permission granted by the City of �verett to place, <br />construct aiid maintain the accessory building as authorized <br />herein and agree to indemnify (including reasonable aL-torney's <br />fees) znd hold the City, its officers, employees and agents <br />harmless from any claim(s) related to any loss or damage Co <br />pecple or properL-y either on or off Che herein described property <br />resulting from ur arising out of the granting oi the permission <br />to place, conatrucL- and maintain the accessory building; <br />Provided, nothing herein shall require the Owner(s) to indemnify <br />and hold harmless the City, its officers, agents and employeec <br />from claims caused solely by l:he negligence of the City, iC <br />officers, employee� and agents, and provided further, that if the <br />claims are caused by or result from the concurrent negligence of <br />(1) Lhe Owners: their heirs, successors, assigns and agents, and <br />(2) the City, iCs officers, agents and employees, the indemnit-y <br />provisions provided herein shall be valid and enforceable only to <br />tl�e cxCertt; pr<�vided by law. <br />