Laserfiche WebLink
4 <br /> <br />and not as an employee or agent of the City. The Owner and the City acknowledge that this <br />Agreement does not create a partnership or joint venture between them. <br /> <br />9. Notice. All notices, requests, demands or other communications required or permitted by the <br />terms of this Agreement will be given in writing and delivered to the Parties of the Agreement as <br />follows: <br /> <br />City of Pleasanton <br />200 Old Bernal Ave <br />Pleasanton, CA 94566 <br />Attn: Director of Public Works <br /> <br />Property Owner of Lot 1 of Tract 8528 <br />990 Sycamore Dev Co. L.L.C _ Sycamore Rd <br />(P.O. Box 1900 Pleasanton, CA 94566) <br />Pleasanton, CA 94566 <br />Email: ksweeney@pibsales.com <br />Phone: 510.512.7011 <br /> <br />Or to such other address as any Party may from time to time notify the other. <br /> <br />10. Indemnification. Owner shall indemnify, defend and hold harmless the City, its officials, <br />employees and agents from any loss, claims, liability, or expenses, including reasonable <br />attorney's fees and costs, for personal injury or death, or property damage, arising out of or in <br />connection with the activities of Owner or its agents in the performance of its maintenance <br />obligations, or lack thereof, under this Agreement. <br /> <br />City shall indemnify, defend, and hold harmless Owner from and against any and all demands, <br />claims, losses, costs, lawsuits, liens, judgments, and liabilities of any kind (collectively, <br />"Liabilities"), arising in any manner from injury to or death of any person or damage to or <br />destruction of any property occurring in, on, or about the Public Trail Easement Area and <br />relating to the public’s use of the Public Trail Easement Area as a public trail. This provision <br />applies except to the extent that any damage or loss is the result of the sole negligence or willful <br />misconduct of Owner. <br /> <br /> <br />11. Legal Expenses. In the event that legal action is brought to enforce or interpret any term of <br />this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages <br />or award, all reasonable legal costs and fees associated with the action. <br /> <br />12. Modification of Agreement. Any amendment or modification of this Agreement will only <br />be binding if evidenced in writing signed by each Party or an authorized representative of each <br />Party, and recorded in the Office of the Recorder of Alameda County. <br /> <br />13. Time of Essence. Time is of the essence in this Agreement. No extension or variation of this <br />Agreement will operate as a waiver of this provision. <br />Page 190 of 350