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03
City of Pleasanton
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CITY CLERK
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2010
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021610
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2/10/2010 4:03:49 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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for the water used, at the prevailing rate for reclaimed water charged by the Alameda <br /> County Flood Control and Water Conservation District Zone 7 for private consumers. <br /> 3. TERM. The term of this Agreement shall commence upon full execution of this Agreement <br /> by the parties, and shall terminate as follows: <br /> a. The permission to enter the License Area may be terminated by the City in its sole <br /> discretion upon thirty (30) days written notice to the Owners. Upon termination, <br /> Owners shall remove any landscaping and irrigation system from the License Area in <br /> coordination with the City, and the City shall relocate the fence to the Owner's <br /> property line. <br /> b. The ability to utilize golf course non potable irrigation water to irrigate the <br /> landscaping on the Premises shall terminate upon the earlier of: <br /> (i) the transfer of legal title of the Premises from Owners, to subsequent parties, <br /> then to third parties; or <br /> (ii) Twenty -five (25) years from the date of this Agreement. <br /> Upon termination, Owners may continue to use non potable water from these two <br /> connection points subject to Owners' paying for such water consumption at the then <br /> prevailing rates, as may be amended, for reclaimed water being charged to other <br /> Pleasanton residents. Owners acknowledge that if Owners desire to use water from <br /> the domestic water source serving the home on the Premises to irrigate the <br /> landscaping on the Premises, Owners are advised to install, at Owners' expense, a new <br /> irrigation system, as the current use of water from the golf course irrigation system <br /> includes non potable water, and switching from a system which used non potable <br /> water to one that uses domestic potable water should include a change of all pipes and <br /> irrigation systems that once used non potable water. <br /> 4. INDEMNIFICATION. Owners shall indemnify, hold harmless, and defend City from and <br /> against any and all claims (including all litigation, demands, damages, liabilities, costs, and <br /> expenses, and including court costs and attorney's fees) resulting or arising from Owner's <br /> access to, use of improvement to, or installation and/or maintenance of improvements in the <br /> License Area. <br /> 5. NOTICES. All notices required or contemplated by this Agreement shall be in writing and <br /> shall be personally delivered or mailed to the respective party as set forth in this section. <br /> Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt <br /> by a party; or (b) actual receipt at the address designated below; or (c) three working days <br /> For example, transfer of title to Premises from #1 Roger Jane Manning to #2 Manning Adult Child to #3 <br /> Manning Adult Grandchild; or from #1 Roger Jane Manning to #2 Manning Grandchild to #3 Third Party; upon <br /> transfer #3, in these examples, permission to use golf course irrigation water at no cost would terminate. <br /> Page 3 of 5 <br />
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