3612 FEDERAL AVE 2016-01-01 MF Import

• HOLD HARMLESS AGREEMENT FOR SEEWER CONNECTION VARIANCE WHEREAS, Owner request a variance to Connect the basement plumbin¢ without installing_a backwater valve as conditioned in Section 14.08.180 ; and WHEREAS, 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 Public Works Director finds renders compliance impracticable, Owner agrees to save harmless and indemnify the City; NOW, THEREFORE, the Owner agrees as follows: 1. In consideration of the City granting the variance, and without which the City would not grant the variance, the Owner agrees to defend, indemnify and save harmless the City, its appointed and elective officers, employees and agents from and against all loss of expense including, but not limited to, judgmer.ts, settlements, attomey's fees and costs by reason of any and all claims and demands upon the Ciry, 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 City granting Owner the variance. All references to indemnification include, but aze not limited to attomey's fees and court cosu. 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 o�cers, 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. �/3