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A*% <br /> INDEMNIFICATION AGREEMENT <br /> TRACT MAP NO.7975, Heritage Grove, PUD 64, 4238 First Street,PLEASANTON, CA <br /> THIS AGREEMENT is entered into this 2 11'1 day of(0cl„ 2014, between Clawson <br /> Construction, Inc. "(Contractor") and the CITY OF PLEASANTON ("City"). <br /> WHEREAS, 3N Land and Building Fund REIT-INC, a California Corporation, Owner of 4238 <br /> First Street ("Sub-divider") has a Tract Map - 7975 ("Map") approved by the City for the Tract Map <br /> identified above, a copy of which is on file in the office of the City Engineer, and by reference is <br /> incorporated into this Agreement; and <br /> WHEREAS, the Map's conditions of approval require Sub-divider to dedicate and make public <br /> improvements at Sub-divider's cost as set forth in the attached Subdivision Agreement,which is <br /> incorporated as Exhibit A ("Subdivision Agreement"); and <br /> WHEREAS, Contractor has entered into an agreement with Sub-divider to construct the public <br /> irrprc,ement-- and sub-division improvements; and <br /> WHEREAS, as required by the Subdivision Agreement, Contractor is required to indemnify the <br /> City and provide insurance for claims arising from the Contractor's work in constructing and installing <br /> the public and sub-division improvements described in the Subdivision Agreement; <br /> NOW, THEREFORE, the parties agree as follows: <br /> 1. Indemnification. Contractor agrees to indemnify, defend and hold harmless the City, <br /> its elective and appointive Boards, Commissions, officers, agents and employees in the same manner <br /> as the Sub-divider as described in Section 12 of the Subdivision Agreement. <br /> 2. Insurance. Contractor agrees to provide the insurance as described in Section 13 of the <br /> Subdivision Agreement. <br /> IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first <br /> above written. <br /> CITY OF PLEASA TON CONTRACTOR: <br /> Clawson n tructi c. <br /> By: By: <br /> Nelson Fial , ity Manager Print ame: <br /> Tit : Pc _5. �L � <br /> ATTEST: <br /> Karen biazj City Cler Print name: <br /> (3 Title: Se- re-i-ar i. <br /> APPROVED AS TP FORM: <br /> (Second signature required if a corporation) <br /> Jonathan Lowell, City Attorney <br />