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1.Owners(s) agree to abide by the conditions of approval as set <br />forth in the Planning Director's Decision dated the Is-r- , <br />day of MII 200q authorizing the placement o= a detached <br />accessory building on the herein described property. Owners(s) <br />further agree to comply with all City of Everett's regulations <br />including those set forth in EMC 19.7.U20 concerning the <br />placement, construction and maintenance of said accessory <br />building. <br />2.Owner(s) agree that the use of the detached accessory building <br />shall be limited to accessory activities permitted by the zone in <br />which the property is located and that the accessory building <br />shall not be converted to living area or used for any purpose <br />which is not in full compliance with the conditions of this <br />covenant and with all City of Everett zoning and building <br />regulations. <br />3.Owner(s) agree that a violation of this covenant constitutes a <br />violation of the City of Everett's zoning code and/or other City <br />regulation(s). <br />4.Owner(s) agree to waive any right to assert any claim related <br />to any loss or damage to persons or property resulting by reason <br />of or arising out of the permission granted by the City of <br />Everett to place, construct and maintain the accessory building <br />as authorized herein and by the above described Hearing <br />Examiner's decision and agree to indemnify (including reasonable <br />attorney's fees) and hold the City, its officers, employees and <br />agents harmless from any claim(s) related to any loss or damage <br />to persons or property resulting from or arising out of the <br />granting of the permission to place, construct and maintain the <br />accessory building; Provided, nothing herein shall require the <br />Owner(s) to indemnify and hold harmless the City, its officers, <br />agents and employees from claims caused solely by the negligence <br />of the City, it officers, employees and agents, and provided <br />further, that if the claims are caused by or result from the <br />concurrent negligence of (1) the Owners, their heirs, successors, <br />assigns and agents, and (2) the City, its officers, agents and <br />employees, the indemnity provisions provided herein shall be <br />valid and enforceable only to the extent provided by law. <br />5.This document shall constitute a covenant running with the land <br />and the rights and obligations of the parties hereto shall inure <br />to the benefit of and be binding upon their respective legal <br />representatives, successors and assigns. <br />