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NOW, THEREFORE, Owner (s) agree(s) to abide by restrictions on <br /> occupation, use, enjoyment and development of the Property as <br /> follows : <br /> 1 .Owners (s) agree to abide by the conditions of approval as set <br /> forth in the Hearing Examiner' s Decision dated theU._ -- <br /> day of 4 -u r- , 200 ? authorizing the placement of 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 . 020 (K) 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 /> 3 of 4 <br />