BANK OF AMERICA - LANDSCAPE MAINTENANCE AGMT 1981

IThe City agrees to hold~veloper haw/ess from any cos~ account ~injury, death or damage~ persons or property which may _~_ suffered or sustained ~by City, its ~ployees or independent contractor hired by City. to enter to the premises for this purpose. The City shall either personally serve the notice upon the property owner or mail a copy of it by cectified mail at the property owner's last known address or as shown on the tax rolls, at least 15 days in advance of the date yhen it intends to enter the premises. For this purpose, the City may enter upon the property and perform such work as it considers reasonably necessary and proper to restore and maintain the landscaping. The City may act either through its own employees or through an independent contractor./ ~3~N%~ 7. City's remedies. The City may bring legal action to collect he result of expenses incurred by City, resulting sums due as the from action undertaken pursuant to Paragraph 6 or the City may bring legal action for specific performance of the duties agreed to by the Developer herein. The property owner agrees that if legal action by the City is necessary, the property owner will pay the City ~ reasonable sum as attorney's fees and court costs. When the City has undertaken to maintain landscaping, Developer shall pay interest/from the date which is 30 days after the City has given its notice under Paragrah 6 above. 8. Notices. Notice as given by each party to this Agreement shall be given to the other party at the address, sho~n below: Notices to the City shall be addressed to the City of Pleasanton, 200 Bernal Avenue, Pleasanton, California 94566. Notices to the Property Owner shall be addressed to: Bank of America, N.T. & S.A. Premises & Real Properties ~/3205 560 Davis Street San Francisco, CA 94111 -3-