Laserfiche WebLink
and maintenance of the Fairgrounds Parking Lot,except to the extent the Liabilities are the result of the sole <br /> negligence or willful misconduct of ALAMEDA COUNTY or PLEASANTON. The duty to defend shall <br /> include the duty to provide a defense of all claims or the obligation to pay the reasonable attorney fees and <br /> costs of defense. <br /> G. The term of this MOU shall extend until January 1,2113,unless terminated in writing with 90 days notice in <br /> writing by any of the parties to this MOU. The parties shall meet immediately upon receipt of notice of <br /> termination sent by any party to negotiate terms allowing continued use and operation of the parking lot. If <br /> termination is made by either of FAIRGROUNDS or PLEASANTON, the party seeking to terminate the <br /> agreement shall contribute a prorated amount of its required contribution toward capital improvements as <br /> required in paragraph E,which amount shall be measured by the amount of time that has elapsed since the last <br /> resurfacing as a percentage of the 10 year period of time anticipated between resurfacings. The prorated <br /> percentage shall be applied to a cost estimate for the resurfacing of the parking lot. If the parties are unable to <br /> agree on that amount, the amount shall be the average cost in unit prices of PLEASANTON's last three <br /> publicly bid parking lot resurfacing projects,multiplied by the square footage of the Fairgrounds parking lot. <br /> H. This MOU may only be amended by written agreement of all the parties. <br /> I. This MOU constitutes the entire agreement between the parties regarding the subject matter hereof and <br /> any oral discussions or written or oral agreements with respect thereto preceding the effective date of this <br /> MOU are superseded hereby. No amendment, alteration or variation of the terms of this MOU shall be <br /> valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not <br /> incorporated herein shall be binding on any of the parties hereto. <br /> This agreement is made as of the date first set forth above. <br /> CITY OF PLEASANTON COU TY OF ALAMEDA <br /> By: By: . .e. ►_ ,_ .il�� <br /> Nelson Fialho c:tt Haggerty 1r, <br /> City Manager President <br /> City of Pleasanton Board of Supervisors <br /> Attest: > ^ Approved as to form: <br /> Jonathan P. Lowell DONNA R. ZIEGLER <br /> -6s+ City Attorney County Counsel <br /> City of Pleasanton <br /> By ii/ di <br /> D- fir <br /> ALAMEDA COUNTY AGRICULTURAL <br /> FAIR ASSOCIATION <br /> By: 4,-.r/v. 1.• • <br /> come Ho.an <br /> hiefExe utive Officer <br />