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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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051722
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5/17/2022 10:41:24 PM
Creation date
5/11/2022 11:08:30 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/17/2022
EXPIRATION DATE
5/17/2037
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13. Waiver of Claims <br />CITY fully releases, waives, and discharges forever any and all claims, demands, rights and <br />cause of action against, and covenants not to sue, Indemnities, under any present or future <br />laws, statutes, or regulations: (a) for any claim or event relating to the condition of the <br />LICENSED AREAS or CITY's use thereof; or (b) in the event that ZONE 7 exercises its right to <br />suspend, revoke or terminate the LICENSE. <br />14. Duties of ZONE 7. ZONE 7 agrees to give CITY reasonable notice of flood control and water <br />management operations and maintenance which would affect recreational facilities or park <br />operations of CITY and keep CITY informed of any conditions which might result in such <br />operations and maintenance. ZONE 7 further agrees to furnish any plans for improvements to <br />the LICENSED AREAS to the CITY for review and comments. ZONE 7 will maintain the <br />LICENSED AREAS to the extent necessary for flood control and water management purposes. <br />Repairs to flood and water facilities/structures shall be the responsibility of ZONE 7 except when <br />such repairs arise from damage caused to these facilities/structures by CITY, its officers, <br />agents, employees, contractors and subcontractors, its invitees, guests or business visitors or <br />third persons. Such ZONE 7 responsibilities shall not relieve the CITY from its Liabilities as <br />described in Section 11. <br />15, Property Taxes. Pursuant to California Revenue and Taxation Code section 107.6, notice is <br />hereby given that CITY is responsible for any possessory interest taxes that may be imposed as <br />a result of, or related to, this LICENSE. <br />16, Notice. Any demand or notice which either party shall be required, or may desire to make upon <br />or give to the other shall be in writing and shall be delivered personally upon the other or be <br />sent by prepaid certified mail to the respective parties as follows: <br />ZONE 7 General Manager <br />Zone 7, Alameda County Flood Control <br />And Water Conservation District <br />100 North Canyons Parkway <br />Livermore, CA 94551 <br />CITY: City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Either party may, from time to time, designate any other address for this purpose by written <br />notice to the other party, given with 10 business day notice. <br />17. Miscellaneous <br />a. This LICENSE constitutes the entire LICENSE and understanding between the parties, <br />and supersedes all offers, negotiations and other agreements concerning the subject <br />matter contained herein. Any amendments to this LICENSE must be in writing and <br />executed by both parties. <br />7 <br />
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