3122 BROADWAY 2016-01-01 MF Import

HOLD HARMLESS AGREEMEIV"I' FOR SEWER CONNECTION VARIANCE WHEREAS, Owner requests a variance to (!�%��zG d�CiS�?rG S,dc �ew�f L,, 1--L� C'0�7AC�GiGhS � �o��G�GFt� -f:lc ..-�',r inG br i n a�lu 'p+P.r �i ff J �j � Y ; and Wf�REAS, in lieu of being required to make the necessary physical changes to accommodate the provisions of EMC 14.08 and the Uniform Plumbing Code, which the Ciry Engineer 6nds renders compliance impracticable, Owner agrees to save harmless and indemnify the City; NOW, TIiEREFORE, the Owner agrees as follows: 1. In consideration of the City granting the variance, and without which the Ciry would not grant the variance, the Owner agrees to defend, indemnify and save harmless the City, its appointed and elective officers, employeas and agents from and against all loss of expense including, but not limited to, judgments, settlements, attomey's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officers or employees or agents, for damages because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, arising out of or in consequence of the Ciry granting Owner the variance. All references to indemnification include, but are not limited to attorney's fees and cou� costs. However, this � paragraph does not purport to indemnify the City against liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the sole negligence of the City, its officers, agents and employees. 2. Owner agrees that the rights and obligations of this Agreement are binding on his respective heirs, successors or assigns and shall run with the land. 2 I