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CITY OF PLEASANTON—PROPERTY ENTRY AGREEMENT <br /> APN 946-38004-12(SANTOS RANCH ROAD) <br /> notice which notice may be sent by facsimile,the City may perform or cause to be performed such <br /> maintenance at the City's option and at Owner and Owner,upon demand by the City,shall pay to <br /> the City all reasonable expenses incurred by the City in performance of such maintenance. <br /> 6. INNDEMNIFICATiONV.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,Intents,or employees. <br /> 7_ INSURANCE.Owner shall maintain in full force and effect, at its own cost and expense, <br /> insurance coverage from insurers with an A.M.Best's rating of no less than A:Vl1.Owner shall <br /> have the obligation to furnish City.as additionally insured, the minimum coverages identified <br /> below,or such greater or broader coverage for City,if available in the Owner's policies: <br /> a. General Liability and F3odity Injury Insurance. A general liability insurance for at least <br /> $1,000,000 combined limit for bodily injury and property damage and provide that the <br /> City, its officers, employees, and agents are named as additionally insureds under the <br /> policy as evidence by an additional insured endorsement satisfactory to the City Attorney_ <br /> The Policy shall state in writing either on the Certificate of Insurance or attached rider <br /> thereof that this insurance will operate as primary insurance and that no other insurance <br /> effected by City or other named insured will be called on to cover a loss covered <br /> thereunder. <br /> b. Automobile Liability Insurance.Automobile liability insurance in an amount not less than <br /> S1,000,000 per person/per occurrence. <br /> For subsequent years of the Agreement,the minimum coverage required may increase only by the <br /> ,hattgc in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan (all <br /> items index: urban consumers) for the twelve-month period ending in May of each year as <br /> published by the Bureau of Labor Statistics,U.S.Department of l.abor. <br /> 8. 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 /> TO: City To:Owner <br /> Mn:City Manager Ann:&no Talari <br /> PO Box 520 1700 Championship Blvd. <br /> Pleasanton,CA 94566 Franklin,TN 37064 <br /> 3 <br />