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HOLD HARLESSS AGREEMENT <br /> FOR SEWER CONNECTION VARIANCE <br /> WHEREAS, Owner requests a variance to install a new side sewer serving 412 58`h Street <br /> SE with a 1%slope,rather than 2%,and at an angle to the northeast across the right-of-way,rather <br /> than perpendicular thereto,to access the city main as depicted on the attached Exhibit A,which is <br /> attached hereto and incorporated herein by this reference,and agrees to maintain, at the Owners <br /> sole expense,the entire side sewer service from the residence to the connection at the sewer main <br /> in public right of way. <br /> ; and <br /> WHEREAS,in lieu of strict compliance with the provisions of EMC 14.08,which the City <br /> Engineer finds to be impracticable,Owner agrees to save harmless and indemnify the City; <br /> NOW, THEREOF,the Owner agrees as follows: <br /> 1. In consideration of the City granting the variance, and without which the City <br /> would not grant the variance, the Owner agrees to defend, indemnify and save harmless the City, <br /> its appointed and elective officers, employees and agents from and against all loss of expense <br /> including,but not limited to,judgments, settlements, attorney's fees and costs by reason of any and <br /> all claims and demands upon the City, its elected or appointed officers or employees or agents, for <br /> damages because of bodily injury, including death, at any time resulting therefrom, sustained by <br /> any person or persons and on account of damage to property, including loss of use thereof, arising <br /> out of or in consequence of the City granting Owner 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 indemnify the City against liability for damages arising out of bodily <br /> injury to persons or damages to property caused by or resulting from the sole negligence of the <br /> City,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 run with the land. <br /> /2 <br /> vzi <br />