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Certification and Mutual Indemnification Agreement <br /> The CITY OF PLEASANTON (hereafter referred to as public agency), by and through its Attomey, hereby <br /> certifies that to its best current understanding of the law, the taxes, assessments and fees placed on the <br /> 2009/10 Secured Property Tax bill by the public agency met the requirements of Proposition 218 that added <br /> Articles XIIIC and XIIID to the State Constitution. <br /> Therefore, for those taxes, assessments and fees which are subject to Proposition 218 and which are <br /> challenged in any legal proceeding on the basis that the public agency has failed to comply with the <br /> requirements of Proposition 218; the public agency agrees to defend, indemnify and hold harmless the County <br /> of Alameda, its Board of Supervisors, its Auditor Controller /Clerk- Recorder, its officers and employees. <br /> The public agency will pay any final iudgment imposed upon the County of Alameda as a result of any act or <br /> omission on the part of the public agency in failing to comply with the requirements of Proposition 218. <br /> The County of Alameda, by and through its duly authorized agent, hereby agrees to defend, indemnify and <br /> hold harmless the public agency, its employees, agents and elected officials from any and all actions, causes <br /> of actions, losses, liens, damages, costs and expenses resulting from the sole negligence of the County of <br /> Alameda in assessing, distributing or collecting taxes, assessments and fees on behalf of the public agency. <br /> If a tax, assessment or fee is challenged under Proposition 218 and the proceeds are shared by both the <br /> public agency and the County of Alameda; then the parties hereby agree that their proportional share of any <br /> liability or judgment shall be equal to their proportional share of the proceeds from the tax, assessment or fee. <br /> The above terms are accepted by the public agency and I further certify that I am authorized to sign this <br /> agreement and bind the public agency to its terms. <br /> CITY OF PLEASANTON COUNTY OF ALAMEDA <br /> Dated: Dated: <br /> By: By: <br /> (Signature) (Signature) <br /> (Print Name) (Print Name) <br /> (Print Title) (Print Title) <br /> Approved as to form: <br /> Claude Kolm, Deputy County Counsel <br />