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INDEMNIFICATION AGREEMENT Tract 7499, Lakeside Estates, PLEASANTON THIS AGREEMENT is entered into this 2~T day ofOL~~, 2004, by DeSilva Gates 11555 Dublin blvd. PO Box 2909, Dublin, Ca 94568 "(Contractor") and the CITY OF PLEASANTON ("City"). WHEREAS, Data Sales of California, a California Corporation ("Subdivider") has a parcel or final map ("Map") approved by the City for the Tract identified above, a copy of which is on file in the office of the City Engineer, and by reference is incorporated into this Agreement; and WHEREAS, the Map's conditions of approval require Subdivider to dedicate and make public improvements at Subdivider's cost as set forth in the attached Subdivision Agreement, which is incorporated as Exhibit A ("Subdivision Agreement"); and WHEREAS, Contractor has entered into an agreement with Subdivider to construct the public improvements; and WHEREAS, as required by the Subdivision Agreement, Contractor is required to indemnify the City and provide insurance for claims arising from the Contractor's work in constructing and installing the public improvements described in the Subdivision Agreement; NOW, THEREFORE, the parties agrees as follows: 1. Indemnification. Contractor agrees to indemnify, defend and hold harmless the City, its elective and appointive Boards, Commissions, officers, agents and employees in the same manner as the Subdivider as described in Section 11 of the Subdivision Agreement. 2. Insurance. Contractor agrees to provide the insurance as described in Section 12 of the Subdivision Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above writteyp CITY OF By: Nelson Fialho, City Manager TTEST: Dawn G. Abr son, City Clerk APPROVED AS TO FORM: l CONT CTOR: ~ B . ~- J. SCOTT ARC BALD Title: DICE PRESIDENT By: Title: (Second signature required if a corporation) Michael H. Roush, City Attorney