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CITY OF PLEASANTON – LICENSE AGREEMENT <br />[SPECIFIC ADDRESS LOCATION] <br /> <br /> <br />2 <br />3. DAMAGE. The Owner, the Owner’s family member, guest, agent, employee, or subtenant of <br />the Owner, who causes damage to the road, gate, or storm drain, shall be referred to as <br />“Responsible Party.” The Responsible Party shall immediately repair the same within fourteen <br />(14) days at the Responsible Party’s sole expense. <br /> <br />4. INDEMNIFICATION. The Owner shall indemnify, hold harmless, and defend the City from <br />and against any and all claims or injury to property, including but not limited to, the Road or any <br />structures, foundations, or other improvements of the indemnifying party, and persons and <br />property, arising from the indemnifying party, or its invitees’ and agents’ use of the Road or from <br />any activity, work, or thing done, permitted or suffered in or about the Road by the Owner, its <br />invitees, and agents, except that no Party shall be indemnified for its own negligence or willful <br />misconduct or the negligence or willful misconduct of its contractors, agents, or employees. <br /> <br />5. NOTICES. All notices required or contemplated by this Agreement shall be in writing and <br />shall be personally delivered or mailed to the respective party as set forth in this section. <br />Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a <br />party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) <br />three working days following deposit in the United States Mail of registered or certified mail sent <br />to the address designated below. <br /> <br />TO: City To: Owner <br />Attn: ____________________ Attn: __________________ <br />__________________________ ________________________ <br />__________________________ ________________________ <br />__________________________ ________________________ <br />__________________________ ________________________ <br /> <br />6. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, <br />or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the <br />Agreement shall be construed as not containing that term, and the remainder of this Agreement <br />shall remain in full force and effect; provided, however, this paragraph shall not be applied to the <br />extent that it would result in a frustration of the parties’ intent under this Agreement. <br /> <br />7. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and <br />enforcement of this Agreement shall be governed by and interpreted in accordance with the laws <br />of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement <br />shall be filed and heard in a court of competent jurisdiction in the County of Alameda. <br /> <br />8. RUNS WITH THE LAND. This Agreement shall run with the land and shall apply to <br />subsequent owners of the Property. <br /> <br />9. RECORDING. This Agreement shall be recorded with the Alameda County Recorder’s Office. <br /> <br />10. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, <br />the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred. <br /> <br />Page 142 of 242