1030 GRAND AVE 2016-01-01 MF Import

,� � . s Rh�syas, this covenant is to be siqned, acknowledqed and recorded in the records of Snohomish County; 11011. TNlRYFORt, OIIN8R8 M:RYS 118 l+OLIAIIS: 1 . In consideration of the City of Everett, hereinafter referred to as the "City, " authorizinq the Owners to utilize the abone- described 11`" Street riqht-of-way to access their property, the Owners aqree to make and maintain that riqht-of-way suitable for access, to assume full responsibility for utilization, maintenance and repair of said right-of-way, to fully release the City from all obliqations related to the maintenance and repair of said right-of-way and to indemnify and hold the City harmless from the cost and expense of repair and maintenance activities related to said riqht-of-way. 2. Owners, on their own behalf and on behalf of their heirs, successors and assigns, hereby agree to waive any riqht to assert any claim includinq claims related to any loss or damage to people or property resulting from oz by reason of or arising out of the City authorizinq the Owners the utilization and maintenance of the above described riqht-of-way and aqree to defend, a.ndemnify (includinq reasonable attorney' s fees) and hold the City, its officers, employees and agents harmless from any claim(s) arising therefrom; Provided, nothing herein shall require the Owners to indemnify and hold harmless the City, its officers, agents and employees from claims caused solely by the negliqence of the City, its officer, employees and aqents, and provided further, that if the claims are caused by or result from the concurrent neqliqence of (a) the Owners, their heirs, successors, assigns or aqents, and (b) the City, its officers, agents and employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent provided by law. 3. The City reserves the riqht to revoke and cancel all riqhts granted herein to the Owners by providinq thirty (30) days written notice to the above-described address. In the event the City revokes and cancels the Owners riqhts herein, Owners hereby aqree to remove all improvements from the herein described riqht-of-way and restore the riqht-of-way to a condi�ion satisfactory to the City within thirty (30) calendaz days of the effective date of termination identified in said notice. Owners agree thac if the improvements are not removed and the right-of-way restored as herein required, the Owners . authorize the City to remove any and\or all improvements and