2014 GRAND AVE 2018-01-02 MF Import

HOLD HARMLESS AGREEMENT FOR SEWER COR'NECTION VARIANCE � ` un WHEREAS, Owner requests a variance to J ea ve �'1( I S��IGi l sewer cohnecl-�on betwecn ba�ld;�q a�o( crFv o----�— S e wer ; and WI�REAS, in lieu of bein� required to make the necessary physical changes to accommodate the provisions of EMC 14.08 and the Uniform Plumbing Code, which the City Engineer finds renders compliance impracticable, Owner agrees to save harmless and indemnify the City; NOW, TIiLREFORE, the Owner agrees as follows: I. In consideration of the City granting the variance, and without which the City would not grant the variance, the Owner agrees to defend, inderrnify and save harmless the City, its appointed and eleclive 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 damagas 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 Gom the sole negligence of the City, its officers, agents and employees. Z. Owner agrees that the rights and obligations of this Agreement are binding on his respective licirs, successors or assigns and shall run with the land. 2 I`. \ �