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permitted adult family home, shall meet the zoning code <br />definition and requirements for that use. <br />4.Owner(s) agree that a violation of this Covenant <br />constitutes a violation of the City of Everett's zoning code <br />and/or other City regulation(s). <br />5.Owner(s) agree to waive any right to assert any claim <br />related to any loss or damage to persons or property <br />resulting by reason of or arising out of the permission <br />granted by the City of Everett to place, construct and <br />maintain the secondary kitchen(s) as authorized herein and <br />agree to indemnify (including reasonable attorney's fees) <br />and holo the City, its officers, employees and agents <br />harmless from any claim(s) related to any loss or damage to <br />persons or property resulting from or arising out of the <br />granting of the permission tplace, <br />hconstruct <br />nothingand <br />aintain <br />in <br />the secondary kitchen(s); Provided, <br />shall require the Owner(s) to indemnify and hold harmless <br />the City, its officers, agents and employees from claims <br />caused solely by the negligence of the City, it officers, <br />employees and agents, and provided further, that if the <br />claims are caused by or result from the concurrent <br />negligence of (1) the Owners, their heirs, successors, <br />assigns and agents, and (2) the City, its officers, <br />fprovided herein <br />and employees, the indemnity provisions <br />shall be valid and enforceable only to the extent provided <br />by law. <br />6.This document shall constitute a covenant running with the <br />land and the rights and obligations of the parties hereto <br />shall. inure to the benefit of and be binding upon their <br />respective legal representatives, successors and assigns. <br />' ) Updated August 2009 <br />y <br />