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• <br /> 2. The Developer has posted a bond with the City in the amount of Sixty-Thousand Dollars <br /> ($60,000.00), which represents the Developer's pro-rata share of the estimated cost of obtaining <br /> the easement for the improvements. <br /> 3. When the City, or its agent,commences acquisition of the easement for the improvements, the <br /> Developer shall pay to the City, in cash, its pro-rata share of the easement costs. Upon receipt <br /> of payment from the Developer, the City shall release the bond. <br /> If the City, or its agent, is able to acquire the easement without cost,the bond shall be returned <br /> to the Developer. <br /> 4. Developer shall indemnify,defend, and hold harmless the City, its employees, Council, <br /> commissions, and agents from any loss, claims, liability, or expenses, including reasonable <br /> attorney's fees and costs, for personal injury or death, or property damage, arising out of or in <br /> connection with the activities of the Developer or its employees or agents in the performance of <br /> its obligations, or lack thereof,under this Agreement. <br /> 5. This Agreement shall be binding upon the successors, general partners and assigns of the <br /> parties hereto. <br /> 6. Notice to the parties shall be sent via U.S. Mail to the following addresses: <br /> To City: City of Pleasanton <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: City Manager <br /> To Developer: Summerhill Rose Ltd. <br /> c/o SummerHill Homes <br /> 777 California Avenue <br /> Palo Alto, CA 94304 <br /> Attn: Mark Beskind, Counsel <br /> 7. Time is of essence to this Agreement. <br /> 8. Amendments may occur by written consent of both parties. <br /> 9. The venue for any action to interpret or enforce this Agreement shall be the appropriate court in <br /> Alameda County, California. <br /> 2 <br />