4309 OLYMPIC BLVD 2018-01-02 MF Import

WITNESSETH WHEREAS, the undersigned is (are) the owner(s) of or has (have) a substantial beneficial interest in the real property described above; and WHEREAS, owner(s) applied to the City of Everett for permission to construct an addition to a detached accessory building that would be accessory to single family use; and NOW, THEREFORE, OWNERS(S) AGREE(S) AS FOLLOWS: l.Owner(s) agree that the use 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 used for any purpose 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 covenant constitutes a violation of the City of Everet't's zoning code and/or other. City regulation(s). 3.Owner(s) agree to waive any right to assert- any claim related to any Joss or damage to people or property either on or off the herein described property resulting by reason of or arising out of the permission granted by the City of Everett to place, construct and maintain the accessory building as authorized herein and agree to indemnify (including reasonable attorney's fees) and hold the City, its officers, employees and agents harmless from any claim(s) related to any loss or damage to people or property either on or off the herein described property resulting from or arising out of the granting of the permission to place, construct and maintain the accessory building; Provided, nothing herein shall require the Owner(s) to indemnify and hold harmless the City, its officers, agents and employees from claims caused solely by the negligence of the City, it officers, employees and agents, and provided further, that if the claims are caused by or result from the concurrent negligence of (1) the Owners, their heirs, successors, assigns and agents, and (2) the City, its officers, agents and employees, the indemnity provisions provided herein shall be valid and enforceable only to the extent provided by law.