DAVIS - REIMBURSEMENT AGMT SOUNDWALL

• • Exhibit "A", attached hereto and incorporated herein b reference. Within 65 days after the Notice of Completionlis filed with the Alameda County Recorder, City shall submit actual construction costs for said soundwall work to the Owner. Thereafter, reimbursement shall be based on actual costs -~} sixty (60) days of a buildin ~ Payment shall occur within g issued for commercial, industrial, officepormreSbdential development o the subject parcel. sixt If Payment does not occur within the n y (60) day period, the buildin in addition to any other remedies thee~mtt shall be revoked, y may have. 2• Ownershi Ownership of said soundwall shall vest with the Owner, Maintenance of the soundwall shall also b the responsibility of the O*~ner. e 3• Easement, Oder shall temporary construction easement arrant the City a ten foot description and shall also Per the attached construct over the Propertygrant to City a right to entry to 4• Liability. City shall defend, indemnif harmless Owner against any and all liability or claimsdfoold property damages or personal in'u r connection with, the construction of athelsugbjectosoundwall described in Exhibit ~~A~~ , 5• Waver. In the event that either Owner or the Cit shall at any time or times waive an by the other, such waiver shall notyconstitute ahwaivereofent any other or succeeding breach of this agreement whether of the same or any other covenant, condition or obligation. 6• Arbitration. Any dispute not resolved b parties after good faith negotiations shall be resolvedhb arbitration. One neutral arbitrator who has been picked the American Arbitration Association shall hear and rend y final decision, by er a entire•agreementobetweenmtnt~ This writing constitutes t hereof shall not be effectivepunless and until such he modification is evidenced b y modification to this Agreement. y a writing signed by both parties Page 2 ,. _, ~; ,, ~~~~~.