Correspondence (675) e a OCT 27 '00 09 :57AM RAMIS CREW CORRIGAN / � P.1
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RAMIS
CRAW FACSIMILE TRANSMISSION COVER SHEET
CORRIGAN &
BACHRACH. LLP THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED
ATTORNEYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE
EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU
1727 N.W. Hoyt Street ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS
Portland, Oregon 97209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND
(503) 222 - 4402 RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
Pax: (503) 243.2944 SERVICE. THANK YOU.
DATE: October 27, 2000 CLIENT NO.: 90024 -4
TO: Gary Lampella
FAX NO.: 503 684 -7297 TELEPHONE NO.: 503 639 -4171
FROM: Gary Firestone
DESCRIPTION OF DOCUMENT TRANSMITTED: Indemnification Agreement
COMMENTS: Please give me a call after you have had a chance to review the attached agreement.
2 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 222- .
4402 IMMEDIATELY. THANK YOU.
SIGNED: Julia Carpenter, Legal Assistant
[ ] AN ORIGINAL IS BEING MAILED [ XX ] AN ORIGINAL IS AVAILABLE UPON REQUEST
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INDEMNIFICATION AGREEMENT
Whereas Lowe's 111W Inc. ( "Lowe's "), a Washington corporation, desires to coact a
building for commercial operations within the city of Tigard, Oregon and located at 12615 SW
72 Avenue; and
Whereas Lowe's is intoning certain storm sewer connections to manholes sad storm
sewer lines in connection with the development of the Tigard, Oregon store; and
Whereas the "Facilities" installed by Lowe's are defined as all of the private storm sewer
lines (those lines outside of the public right of way) from five feet from the Lowe's building to the
couplings at ma&v'le as shown on drawings dated . The Facilities do not include the storm
water detention ta>s or the connections between those tanks and the manhole; and
Whereas the city of Tigard (" City") has found that the City Building Official as the
approving authority has the ability to approve an alternative method of installing storm sewer
connections to manholes and storm sewer lines pursuant to Chapter 3 of the Uniform Plumbing
Code; and
Whereas the City Building Official has found that the Facilities are comparable to that
required by the Uniform Plumbing Code; City and Lowe agree as follows:
In consideration of City's approval of the Facilities, Lowe's shall, until such time as the
Facilities are removed or replaced and whether or not Lowes is a property tenant when a claim for
indemnification is made, indemnify, defend and hold the City barmless from any claims of or
liability to third parties for death, bodily injury, property damage, or economic Loss asserted
against the City and arising out of the installation and operative of the Facilities by Lowe or its
agents, employees, conductors, sublessees, assignees or invitees unless the claim, loss, damage or
expense is caused by the negligence or intentional acts of the City or its agents, convectors or
employees.
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Lowe's is a tensnt on the subject property. Should Lowe's sublet or assign its interest in
the property to another, Lowe's agreement with the sublessee or assignee will provide that the
successor party agrees to be bound by this Agreement:
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City shall have the right to inspect the Facilities by use of television lines one year from the
date of this Indemnification Agreement and every two years thereafter. Lowes shall be given
written notice of the-pla med inspection five business days prior to the inspection and the right to
promptly review the remits amid inspection.
Dated' this of October, 2000.
Love's HIW Inc.
8y:
Its:
City of Tigard
By:
Its:
Pmt1M3- 2 052400.1 0021047.00006