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WITNESSETH <br />WHEREAS, the undersigned is (are) the owner(s) of or has (have) n <br />substantial beneficial interest in the real property descri� d <br />above; and <br />WHEREAS, owner(s) applied to the City of Everett for permission <br />to construct an addition to a detached accessory building that <br />would be accessory to single family use; and <br />1 <br />NOW, THEREFORE, OWNERS(S) AGREES) AS FOLLOWS: <br />1.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 or used as a dwelling unit`.or used for <br />any purpose which is riot in full compliance with the conditions <br />of this covenant and with all City of Everett zoning and building <br />regulations. <br />2.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 />3.0wner(s) agree to waive any right to assert any claim related <br />to any loss or damage to people or property either on or off the <br />herein described property resulting by reason of or arising out <br />of the permission granted by the City of Everett to place, <br />construct and maintain the accessory building as authorized <br />herein and agree to indemnify (including reasonable attorney's <br />fees) and hold the City, its officers, employees and agents <br />harmless from any claim(s) related to any loss or damage to <br />people or property either on or off the herein described property <br />resulting from or arising out of the granting of the permission <br />to place, construct and maintain the accessory building; <br />Provided, nothing herein shall require the Owners) to indemnify <br />and hold ::armless the City, its officers, agents and employees <br />from claims caused solely by the negligence of the City, it <br />officers, employees and agents, and provided further, that if the <br />claims are caused by or result from the concurrent negligence of <br />(1) the Owners, their heirs, successors, assigns and agents, and <br />(2) the city, its officers, agents and employees, the indemnity <br />provisions provided herein shall be valid arid enforceable only to <br />the extent provided by law. <br />UH <br />