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WAEREA3, the <br />suYstantial <br />abo'�e; and <br />WITNE3SETH <br />undersigned is (are) the Owner(s) of or has (have) a <br />beneficial interest in the real. property described <br />WHEREAS, Owner(s) applied to the City of Everett for a variance <br />for a retair.ing wall; and <br />WBEREAS, the Board of Adjustment granted a variance (Variance <br />#99-009) allowing a pre-existing retaini:,g wall ("Retaining <br />P7a11") to remain in place and also required that the Owner(s) <br />provide the City of Everett a covenant wherein the Owner(s) <br />accepts full responsibility for the Retaining Wall; and <br />i�c^,REAS, notwithstandirg the variance, T.he Owner(�) is still <br />required to comply with all applicable building regulations <br />concerning the Retaining k'all which require, among other things, <br />that a building permit for the Retaining Wall be obtained from <br />the City of Everett Building Department and that the Retaining <br />Wall be designed by a structural engineer, licensed and <br />practicing in the State of Washington and be constructed in <br />accordance with said design; <br />NOW , THEREFORE , OWNERS ( S) AGREE ( S) AS E'OI+LO'IPS : <br />1.Owner(s) agrees <br />violation of the <br />regulation(s). <br />that a violation of this covenant constitutes a <br />City of Everett's zoning code and/or other City <br />2.Owner(s) agrees to waive any right to assert any Claim related <br />to any luss or damage to people or property either or. or off the <br />herein described property resulting by reason of or arising out <br />of the Retaining Wall or the permission granted by the City of <br />Everett to maintain the Retaining Wall pursuant to the above <br />described Board of Adjustment's order (Variance #99-009). Except <br />as otherwise provided in this paragraoh, the Owner(s) hereby <br />agrees to defend, and indemnify the City from any and all Claims <br />arising out of, in connecticn with, or incident to the Retaining <br />Wall. The Owner(s) is obligated to deiend, and indemaify the <br />City pursuant to this paragraph whether a Claim is asserted <br />directly against the City, or whether it ?s asserted indirectly <br />ayainst the City, e.g., a Claim is asserted against someone else <br />who then seeks contribution or indemnity from the City. The <br />Owner(s)'s duty to defend and indemnify pursuant to this <br />�00'I01290462 3/� <br />