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A�pr Y�LOrO���19 �0�24j� �/ TO POSTING <br />�^�fu�., I`� � <br />C:t�oFE���>f Pub[ic u�orks�eftt. H�� �jjtjyLESSAGREEMENT <br />��}�� Kirk Broo,ES <br />3Zuv- Ged�� S'l`• FOR SEWER CONNECTION VARIAN( <br />Eve �c fF� W e. 98 20 / <br />� TIiIS AGREEMEN'f entered into this 25th day of January, 1995, by and between tb�Ci�yXoC�$�tt�TAX <br />f4 L <br />� a municipal corporation under the laws of the State of Washington, hereinafter referre���{��(s,'` <br />� <br />O and Dave Huber, hereinafter referred to as "Owner". i� ;::3 0 7 1iJ � <br />�' WITAIESSETH: EIRllE SIEYE3S, Scahoi�is'r� (oon1� T�msu�er <br />O �,i�u� <br />G�2 WHEREAS, Owner owns properry at 3916 Rucker Avenue, Everett, Washingto�X���e�sa <br />� the County of Snohomish and legally described as follows: Lot 62 & 63, Block 5, Plat of Smyth <br />� Land Company's 2nd Addition, Pazcel �5788-005-062-00; and <br />WHEREAS, Owner desires to convert an existing non-substantiated duplex to a legal tri-plex; and <br />WHEREAS, EMC 14.08.180(I) authorizes che Ciry Engineer ro waive strict compli3nce wich the <br />pm��isions of EMC 14.08 when he deems physical wndidons render compliance impracdcable <br />provided the Owner agrees co save hazmless and indemnify the City; and <br />WHEREAS, Owner requests a variance to condnue to utilize the existing 4" diameter side sewer <br />rather than convert to a 6" di�:neter side sewer as required by City ordinance for multi-family use. <br />WHEREAS, in the event of a side sewer pipe failure, owner agrees to replace the side sewer fmm the <br />building and into the street right-of-way to the City sewer main; and <br />WHEREAS, in lieu of being required to make the necessary physical changes to accommcdate tt.e <br />provisions of EMC 14.08, which the City Engineer finds renders compliance impracdcable, Owner <br />agre.es to save harmless and indemnify :he City; <br />NOW, THEREFORF, the Owner agrees as follows: <br />1. In consideradon of the City granting the variance, and without which the. City would <br />not grant the variance, the Owner agrees to defend, indemnify and save hazmless the City, iu <br />appointed and elective officers, employees and agents from and against all loss of expense including, <br />but not limited to, judgments, settlements, attomey's fees and costs by reason of any and al] claims <br />and demands upon the City, its elected or appointed officers or employees or agents, for damages <br />because of bodily injury, including death, at any time resulting therefrom, sustained by any person or <br />0��5�wal se�f �bv C,�� C(Pr� � Snia�/�ia�r <br />N�3�45 voi. �04��PACE2�94 <br />• <br />