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RES 231354
City of Pleasanton
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CITY CLERK
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RES 231354
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1/24/2023 11:06:52 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
1/17/2023
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c. City agrees to abide by any future rules and regulations applicable to the Property <br /> which may be adopted by the District or the County. District shall provide to City <br /> copies of such new rules and regulations within fifteen (15) days from the date of <br /> adoption. <br /> d. City agrees to accept this Sublicense to the Property on an "as-is" basis. <br /> e. Neither party shall be responsible for providing security for improvements at the <br /> Property. However, District shall provide police, ranger, or other sworn peace officer <br /> patrol of the leased area to keep peace and prevent unauthorized uses thereof at the <br /> same level that it provides to other park areas within its jurisdiction. <br /> 6. Violations of Maintenance Obligations. Should City, its employees, contractors, <br /> subcontractors, or agents maintain trail or landscaping improvements on the Property in <br /> violation of the terms of this Sublicense, District may direct City, at City's sole cost, to <br /> remove the trail or landscape improvements from the Property or to take other remedial <br /> action, as District may, in its sole discretion, determine to be reasonably appropriate. City <br /> shall be afforded a period of thirty (30) days, within which to cure any such violations and <br /> comply with District's directive. In the event City fails to cure within the above stated <br /> period, District shall have the right to take any and all actions to remediate the Property <br /> and City shall reimburse District for all costs associated therewith. District, as it <br /> reasonably determines, may extend the period as may be necessary to cure the default. <br /> 7. Condition of the Sublicensed Area Upon Termination. Upon termination of this <br /> Sublicense, if requested by District, City at its sole cost and expense shall remove any <br /> landscape improvements installed on the Property. If District decides not to request City <br /> remove any landscape improvements, said landscape improvements shall become the <br /> sole property of the District. <br /> 8. Assignment. No rights of City hereunder shall be transferred or assigned unless to a <br /> successor public agency and unless the written consent of District is first secured. With <br /> that exception, this Sublicense and each and all of the covenants herein contained shall <br /> inure to the benefit of and be binding upon the successors and assigns or the respective <br /> parties hereto. <br /> 9. Acknowledgment of Title. It is understood and agreed that City has not acquired and shall <br /> not acquire hereafter any property rights or interest in or to the Property through this <br /> Sublicense, and that City may use the Property only as herein provided. <br /> 10.Indemnity. <br /> a. District shall each indemnify, defend, reimburse and hold harmless City, and City's <br /> officers, agents and, employees (collectively, "City Indemnitees") from and against any <br /> and all demands, claims, legal or administrative proceedings, losses, costs, penalties, <br /> fines, liens, judgments, damages and liabilities of any kind (collectively, "Liabilities"), <br /> arising in any manner out of: (a) any injury to or death of any person or damage to or <br /> destruction of any property occurring in, on or about the Property, or any part thereof, <br /> 4 <br />
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