MARTIN AVENUE BUFFER ZONE 14-1284C

CITY has the right a option to self- insure the requirements aer this Section 12 upon written notice to ZONE 7 that CITY assumes the obligations in the place and stead of any insurance carrier, any reference to failure to coverage notwithstanding. In the event that CITY elects to self- insure, CITY shall provide to ZONE 7 a certificate or other evidence of self- insurance acceptable to ZONE 7. 12. Waiver of Claims CITY fully releases, waives, and discharges forever any and all claims, demands, rights and cause of action against, and covenants not to sue, Indemnitees, under any present or future laws, statutes, or regulations: (a) for any claim or event relating to the condition of the SITE or CITY's use thereof; or (b) in the event that ZONE 7 exercises its right to suspend, revoke or terminate the LICENSE. 13. Duties of ZONE 7. ZONE 7 agrees to furnish CITY reasonable notice of water management operations and maintenance which would materially affect the park operations of CITY and keep CITY informed of any conditions which might result in such operations and maintenance. Zone 7 will provide City not less than 48 hours notice unless Zone 7 determines in its sole and reasonable discretion that such notice is impractical due to emergency or security related situations. In such emergency or security related situations, ZONE 7 will provide notice to CITY as soon as reasonably practical to do so. ZONE 7 further agrees to furnish any plans for improvements to the SITE to the CITY for review and comments. ZONE 7 will maintain the SITE to the extent necessary for water management purposes. Repairs to water management facilities /structures, including the fence along Lake I (forming the boundary of the SITE), monitoring wells installed by ZONE 7, and SITE drainage facilities; remediation of ground subsidence; and vector control shall be the responsibility of ZONE 7. Such ZONE 7 responsibilities shall not relieve the CITY from its Liabilities as described in Section 10. 14. Property Taxes. Pursuant to California Revenue and Taxation Code section 107.6, notice is hereby given that CITY is responsible for any possessory interest taxes that may be imposed as a result of, or related to, this LICENSE. 15. Notice. Any demand or notice which either party shall be required, or may desire to make upon or give to the other shall be in writing and shall be delivered personally upon the other or be sent by prepaid certified mail to the respective parties as follows: ZONE 7: General Manager Zone 7, Alameda County Flood Control And Water Conservation District 100 North Canyons Parkway Livermore, CA 94551 CITY: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94588 Copy to: Director of Community Services Either party may, from time to time, designate any other address for this purpose by written notice to the other party, given with 10 business day notice.