Laserfiche WebLink
maintenance being less than the payment received from City, Valley <br />shall distribute said surplus among the various property owners <br />within Valley Business Park on a prorata basis, determined by <br />acreage owned. <br />4. Term. <br />The term of this Agreement shall be Fiscal Year <br />1983-84, commencing on July 1, 1983 and terminating on <br />June 30, 1984. <br />5. Indemnity. <br />Valley shall indemnify and hold the City harmless <br />from any loss, claims, liability or expense, including reasonable <br />attorney's fees and costs, for personal injury or death, or <br />property damage, arising out of or in connection with the activities <br />of Valley or its employees or agents in the performance of its <br />obligations, under this Agreement. <br />6. Failure to Perform. <br />If in the reasonable judgment of the City Engineer, <br />Valley fails to properly maintain any landscaping or lighting, <br />the City may, at its option, after thirty (30) days written notice <br />to Valley of Valley's opportunity to cure within such time, perform <br />all or any portion of such maintenance. In such event, the City's <br />performance of such maintenance shall be at Valley's sole expense <br />and Valley, upon demand by the City, shall pay to the City all <br />reasonable expenses incurred by the City in the performance of such <br />maintenance. In addition, or in the alternative, the City may <br />withhold from the payment due Valley, any such expenses incurred <br />by the City. <br />-3- <br />