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RES 10340
City of Pleasanton
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RES 10340
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2/25/2010 12:29:33 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 10340
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Exhibit "D" <br />Agreement by Developer or by Developer's contractors, subcontractors, agents <br />or employees, whether such operations were performed by Developer or any of <br />Developer's contractors, subcontractors, agents or employees. Nothing in this <br />section shall be construed to mean that Developer shall hold City harmless from <br />any claims of personal injury, death or property damage arising from, or alleged <br />to arise from, any act, failure to act, on the part of City, its elected and appointed <br />representatives, offices, agents and employees. <br />ARTICLE 11. NO AGENCY, JOINT VENTURE OR PARTNERSHIP <br />It is specifically understood and agreed to by and between the parties hereto that: <br />(i) the subject development is a private development; (ii) City has no interest or <br />responsibilities for, or duty to, third parties concerning any improvements until such <br />time, and only until such time, that City accepts the same pursuant to the provisions <br />of this Agreement or in connection with the various Project Approvals or Subsequent <br />Approvals; (iii) Developer shall have full power over and exclusive control of the <br />Project herein described, subject only to the limitations and obligations of Developer <br />under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable <br />Law; and (iv) City and Developer hereby renounce the existence of any form of <br />agency relationship, joint venture or partnership between City and Developer and <br />agree that nothing contained herein or in any document executed in connection <br />herewith shall be construed as creating any such relationship between City and <br />Developer. <br />ARTICLE 12. MISCELLANEOUS <br />Section 12.01. Incorporation of Recitals and Introductory Paragraph. The Recitals <br />contained in this Agreement, and the introductory paragraph preceding the <br />Recitals, are hereby incorporated into this Agreement as if fully set forth herein. <br />Section 12.02. Enforceabilitv. City and Developer agree that unless this Agreement <br />is amended or terminated pursuant to the provisions of this Agreement, this <br />Agreement shall be enforceable by any party hereto notwithstanding any change <br />hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any <br />other means) in any applicable general plan, specific plan, zoning ordinance, <br />subdivision ordinance, or any other land use ordinance or building ordinance, <br />resolution or other rule, regulation or policy adopted by City that changes, alters <br />or amends the rules, regulations and policies applicable to the development of the <br />Project Site at the time of the approval of this Agreement as provided by <br />California Government Code Section 65866. <br />Section 12.03. Findings. City hereby finds and determines that execution of this <br />Agreement furthers public health, safety and general welfare and that the <br />provisions of this Agreement are consistent with the General Plan. <br />Section 12.04. Severability. If any term or provision of this Agreement, or the <br />application of any term or provision of this Agreement to a particular situation, is <br />54393\84008v3 <br />
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