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3 <br /> <br />If any maintenance of the Sycamore Creek needs immediate correction as a result of a public <br />safety or health hazard, as reasonably determined by the Director of Public Works or his or her <br />designee, and such maintenance is not performed, or cannot be performed, by Owner within <br />twenty-four (24) hours of receipt of such notice thereof, which notice will be sent by mail or <br />personal delivery to the Property address, and City will make reasonable efforts to reach owner <br />by phone and email, the City may perform or cause to be performed such maintenance at <br />Owner’s expense, and Owner, upon demand by the City, shall pay to the City all reasonable <br />expenses incurred by the City in the performance of such maintenance. <br /> <br />3. Term of Agreement. The term of this Agreement will begin on the recordation of this <br />Agreement and will remain in full force and effect indefinitely, and shall run with the land. <br />Upon the sale of the Property, the new owners agree to abide by the terms of this Agreement. <br /> <br />4. Performance. The Parties agree to do everything necessary to ensure that the terms of this <br />Agreement take effect. <br /> <br />5. No Compensation. The Owner will not be compensated by the City for any Sycamore Creek <br />maintenance; it is a requirement of ownership of the Property. <br /> <br />6. 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 <br />Agreement as follows: <br /> <br />City of Pleasanton 990 SYCAMORE DEV CO. L.L.C <br />200 Old Bernal Ave P.O. Box 1900 <br />Pleasanton, CA 94566 Pleasanton, CA 94566 <br />Attn: Director of Public Works 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 />7. 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 employees or agents in the performance of its <br />maintenance obligations, or lack thereof, under this Agreement. <br /> <br />8. 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 <br />damages or award, all reasonable legal costs and fees associated with the action. <br /> <br />9. Modification of Agreement. Any amendment or modification of this Agreement or <br />additional obligation assumed by either Party in connection with this Agreement will only be <br />binding if evidenced in writing signed by each Party or an authorized representative of each <br />Party. <br /> <br />Page 197 of 350