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.
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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.
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Dated this I S of November, 2000. 111. t.
Lowe's HIW Inc.
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City of Tigard
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