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Certification and Mutual Indemnification Agreement <br />The CITY OF PLEASANTON. (hereafter referred to as public agency), by and through its Attorney, hereby <br />certifies that to its best current understanding of the law, the taxes, assessments and fees placed on the <br />2007/08 Secured Property Tax bill by the public agency met the requirements of Proposition 218 that added <br />Articles XIIIC and XIIID to the State Constitution. <br />Therefore, for those taxes, assessments and fees which are subject to Proposition 218 and which are <br />challenged in any legal proceeding on the basis that the public agency has failed to comply with the <br />requirements of Proposition 218; the public agency agrees to defend, indemnify and hold harmless the County <br />of Alameda, its Board of Supervisors, its Auditor-Controller/Clerk-Recorder, its officers and employees. <br />The public agency will pay any final judgment imposed upon the County of Alameda as a result of any act or <br />omission on the part of the public agency in failing to comply with the requirements of Proposition 218. <br />The County of Alameda, by and through its duly authorized agent, hereby agrees to defend, indemnify and <br />hold harmless the public agency, its employees, agents and elected officials from any and all actions, causes <br />of actions, losses, liens, damages, costs and expenses resulting from the sole negligence of the County of <br />Alameda in assessing, distributing or collecting taxes, assessments and fees on behalf of the public agency. <br />If a tax, assessment or fee is challenged under Proposition 218 and the proceeds are shared by both the <br />public agency and the County of Alameda; then the parties hereby agree that their proportional share of any <br />liability or judgment shall be equal to their proportional share of the proceeds from the tax, assessment or fee. <br />The above terms are accepted by the public agency and I further certify that I am authorized to sign this <br />agreement and bind the public agency to its terms. <br />CITY OF PLEASANTON <br />Dated: <br />By: <br />(Signature) <br />(Print Name) <br />(Print Title) <br />COUNTY OF ALAMEDA <br />Dated: <br />By: <br />(Signature) <br />(Pant Name) <br />(Pnnt Title) <br />Approved as to form: <br />Richard E. Winnie, County Counsel <br />