1822 ROCKEFELLER AVE 2016-01-01 MF Import

WHEREAS, Owner requests a variance to allow ccnstruction of a garage over an existing 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 Pngineer 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 hazmless the City, its appointed and elective officers, employees and agents from and against all loss of expense including, but not limited to, dgments, 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 dme resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use Uiereof, arising out of or in consequence of the Ciry grandng Owner the variance. All references to indemnification include, but are not limited to atrorney's fees and court costs. However, this pazagraph 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 r�spective heirs, successors or assigns and shall run with the land. 1'OL 3O � � FhGE � .�. {� `-� 951103 0 G2 8 �