3505 LOMBARD AVE 2018-01-02 MF Import

NOW, THEREFORE, the Owner agrees as follow,:: 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, judgments, settlements, attorney'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 City granting Owner the variance. All references to indemnification include, but are not limited to attorney's fees and court 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 Lind. OWNER STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day of 19 __, before me personally appeared to me known to be the individual that executed the foregoing instrument, and acknowledged the foregoing instrument to be his free and voluntary act and deed, for the uses and purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at -2-