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6031 LOWELL RD 2017-08-02
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6031 LOWELL RD 2017-08-02
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Last modified
8/2/2017 8:27:04 AM
Creation date
8/2/2017 8:27:00 AM
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Address Document
Street Name
LOWELL RD
Street Number
6031
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! <br /> HOLD I3ARLESSS AGREEMENT <br /> FOR SEWER CONNECTION VARIANCE <br /> VJfIEREAS, EMC 14.08.170 (G) authoiizes the City Engineer to waive strict compliance <br /> with the provisions of EMC 14.08 �vhen he deems physical conditions render compliance <br /> impracticable provided the ONmer agrees to save hannless and indemnify the City <br /> ; and <br /> WHEREAS, O��mer requests a variance to Deviate from EMC 14.08.170 (C) by <br /> continuin�to use one side sewer sen�ce for both nronerties described above;and <br /> WHEREAS, in lieu of being required to make the necessary physical changes to <br /> accominodate the provisions of EMC 14.08 and the Unifor�u Plumbin; Code, which the City <br /> Enbineer ftnds renders compliance impracticable, Owner agrees to save hannless and indemnify <br /> the City; <br /> NOW,THEREOF,the Owner agrees as fol]ows: <br /> 1. I�i considerarion of the City granting the variance, and without ���hich the City <br /> tivould not grant the variance, the Owner agrees to defend, indemnify and save hai�nless the Ciiy, <br /> its appoiiited and elective officers, employees and agents from and against all loss of expense <br /> including,but not limited to,jud�nents, settlements, attorney's fees and costs by reason of any and <br /> all claims and demands upon the Cit}�, its elected or appoitited o�cers or employees or agents, for <br /> damages because of Uodily u�jury, including death, at any time resultin� therefrom, sustained by <br /> any person or persons ar�d o�l accotmt of damage to }�roperty, including loss of use thereof, arising <br /> out of or in consequence of the City granting O�mer the variance. All references to <br /> indemnification include, but are not limited to attorney's fees and court costs. However, this <br /> paragraph does not purport to indeirmify the City abainst liability for damages arising out of bodi(y <br /> injury to persons or damages to property caused by or resulting from the sofe negligence of the <br /> Cify, its officers,agents and employees. <br /> 2. Owner agrees that the rights and obligations of the Agreement are binding on his <br /> respective heirs, successors or assigns and shall i2in with the land. <br /> ''�� � <br /> �� <br />
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