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WHEN RECORDED, RETURN TO: <br />City Attorney <br />P. O. Box 520 <br />Pleasanton CA 94566 <br /> <br /> CONTRACT FOR CITY WATER SERVICE <br /> <br />THIS AGREEMENT is made and entered into this day of <br />, 1988 by and between the CITY OF PLEASANTON, a <br />municipal corporation (hereinafter referred to as "City"), and <br />KEITH RASS (hereinafter referred to as "Owner"), and J. F. SHEA <br />COMPANY, INC. ~ba SHEA HOMES, a Nevada corporation (hereinafter <br />referred to as "Developer"). <br /> <br /> WITNESSETH: <br /> <br /> A. A natural flowing spring existed on Mr. Kass' property, <br />generally known as APN 946-2612-2-1, located adjacent to the end <br />of the City's Independence Drive. <br /> <br /> B. In April 1988, Mr. Kass noticed the spring had stopped <br />flowing. <br /> <br /> C. To mitigate all alleged damgaes from stoppage of the <br />flow of this srping, the parties agree to comply with the terms <br />of this agreemen. <br /> <br /> NOW, THEREFORE, in consideration of the mutual covenants and <br />conditions contained herein, City, Developer, and Owner agree as <br />follows: <br /> <br /> 1. City Obligations. City agrees to review and approve <br />locations where City water service may be tapped into for Owner's <br />water service. <br /> <br /> 2. Owner's Obligations. Owner agrees to pay the standard <br />City service connection fee, meter installation cost, engineering <br />costs, all installation costs, and plan check fees. When the <br />subject property, described in Paragraph 4, is subdivided, the <br />Owner shall be given credit for $1,312.00, the amount paid for <br />water connection fees. <br /> <br /> 3. Indemnify and Hold Harmless. Developer and Owner agree <br />to defend, indemnify, and hold harmless the City and its officers <br />and employees from and against all claims, losses, damage, injury <br />and liability for damages arising from errors, omissions, <br />negligent or wrongful acts of the Developer and Owner and their <br />engineers in the performance of this work, arising from incidents <br />when City may have, for any reason, inadequate water supply to <br />0wner's one residence, or arising from City water service. This <br />indemnification shall extend for a reasonable period of time <br />after completion of the project as well as during the period of <br />actual performance of the temporary service under this agreement. <br />Acceptance of the insurance certificates required under this <br />agreement does not relieve the Developer and Owner from liability <br /> <br /> - 1 - <br /> <br /> <br />