9610 1ST AVE SE 2016-01-01 MF Import

, � . WHEREAS, the Applicant' s variance was issued on the express condition that the Applicant would assume all risk attendant with the construction within the setback; and WHEREAS, the Applicant is agreeable to assuming all risk attendant with the construction within the setback; IJOW, THEREFORE, in consideration uf the City granting the Applicant the variance to construct a single family residence closer than the City's Zoning Code requirement of thirty (30) feet from the edge of the stream, the Applicant hereby agrees to save the City, its officers, employees and agents I harmless from all loss or damage occasioned to it or to any third person or I property by reason of the Applicant constructing the single family residence on the property described above closer than thirty (30) feet from the edge of the stream and shall , after reasonable notice thereof, defend and pay the expense of defending any claim or suit which may be commenced against the City, its officers, employ�es or agents alleging injury or damage by reason of the single family residence being constructed closer than thirty (30) feet from the edge of the stream, and will pay any judgment which may be obtained against• the City, its officers, employees or agents. This paragraph does not purport to indemnify the City against the liability for dainage or injury caused by or resulting from the sole negligence or willful misconduct of the City, its officers, employees or agents. To the extent tf�at there i s al l eged joi nt negl i gence on the part of the Appl i cant and tlie City, the Applicant and the City shall jointly share the cost of defense and will share in the cost of the settlement oi• judgment proportionately to their contr.ibutory negligence. 2 �� �