1822 ROCKEFELLER AVE 2016-01-01 MF Import

WHEREAS, Owner requests a variance to allow construcGon of a garage over an ezisting sanitary side sewer without upgrading this side sewer pipe material to conform to the Uniform Plumbing Code; 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 City Engineer finds renders compliance impracticable, Owner agrees to save humless and indemnify the City; NOW, THEREFORE, the Owner agrees as follows: 1. In consideration of the City granting the variance, and withcut 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, setUements, 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 bafily injury, including death, at any time resulting therefrom, sustained by any person or persons and on account o: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 attomey's fees and court costs. However, this paragraph dces not purport to ir.demnify 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. �