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Correspondence (689) 00/0 C(t 0 5 - 2e/ INDEMNIFICATION AGREEMENT Whereas Lowe's HIW Inc. ( "Lowe's "), a Washington corporation, desires to construct a building for commercial operations within the city of Tigard, Oregon and located at 12615 SW 72' Avenue; and Whereas Lowe's is installing certain storm sewer connections to manholes and 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 manhole as shown on drawing sheets C -4, C -9 and C -11 of Site Utility Plan dated July 25, 2000 and sheet C -6 of Site Drainage Plan dated August 18, 2000, both prepared by J U B Engineers, Incorporated. The Facilities do not include the storm water detention tanks 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's 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 Lowe's is a property tenant when a claim for indemnification is made, indemnify, defend and hold the City harmless 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 operation of the Facilities by Lowe or its agents, employees, contractors, 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, contractors or employees. Lowe's is a tenant 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. Lowe's transfer of its interest in the subject property shall not relieve Lowe's of its obligations under this Agreement. /// /// • Lowe's shall inspect the Facilities by use of television lines one year from the date of this Indemnification Agreement and submit the results of that inspection to the City's Building Department within forty five (45) days of the date of inspection. Based upon the results of this first year inspection, the City shall determine whether an additional inspection is needed the following year. City shall give Lowe's written notice of its determination of whether a second annual inspection shall be required within forty -five (45) days of receiving the results of the first year inspection. If City informs Lowe's as indicated above that a second year inspection is required, Lowe's shall inspect the Facilities by use of television lines two years from the date of the Indemnification Agreement and submit the results of that inspection to the City's Building within forty -five (45) days of the date of inspection. Lowe's obligations under this Agreement shall end when the Facilities are removed or cease to be in use. a t rev, kv' Dated this I S of November, 2000. 111. t. Lowe's HIW Inc. By: sudncu✓( L- Sk (ee? Its: v . L. Se t �.Q..+ City of Tigard By: hidha^ 4, 44avAlie. Its: rry