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SECTION ll: 1NDEl~IIVIFICATION
<br />Owner shall indemnify, hold harmless and defend City and its authorized agents, officers, officials
<br />and employees from and against any and all claims, demands, suits, damages, liabilities, losses,
<br />accidents, casualties, occurrences, claims and payments, including attorneys' fees, claimed or which
<br />might arise or be asserted against City that are alleged or proven to result or arise from the
<br />construction, presence, existence or maintenance of the treatment measures by the Owner or City. In
<br />the event a claim is asserted against City, its authorized agents, officers, officials or employees, City
<br />shall promptly notify Owner and Owner shall defend at its own expense any suit based on such
<br />claim. if any judgment or claims against City, its authorized agents, officers, officials or employees
<br />shall be allowed, OKmer shall pay for all costs and expenses in connection herewith. This section
<br />shall not apply to any claims, demands, suits, damages, Liabilities, losses, accidents, casualties,
<br />occurrences, claims and payments, including attorneys' fees claimed which arise due solely to the
<br />negligence or willful misconduct of City.
<br />SECTION 12: NO ADDITIONAL LIABILITY
<br />It is the intent of this Agreement to ens~n•e tl~e proper maintenance of the treatment measures by
<br />Owner; provided, however, that this Agreement shall not be deemed to create any additional liability
<br />not otherwise provided bylaw of any party for damage alleged to result from storm water runoff.
<br />SECTION l3: 1`4ISCELLANEOUS PROVISIONS
<br />A. Severability. The provisions of this Agreement shall be severable and if any
<br />phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged
<br />invalid or unconstitutional by a court of competent jurisdiction, or the applicability to Owner is
<br />held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section,
<br />subsection, paragraph, subdivision, sentence or provision of this Agreement.
<br />B. Recordation. This Agreement shall be recorded by Owner, or by the City by mutual
<br />agreement, at the Alameda County Recorder's Office, at Owner's expense, prior to issuance of a
<br />building permit or approval of a subdivision, whichever occurs first.
<br />C. Release of Agreement. In the event that City determines that the stormwater
<br />treamient measures located on the Property are no longer required, then City, at the request of
<br />Owner, shall execute a release of this Agreement, which Owner, or the City by mutual agreement,
<br />shall record in the County Recorder's Office at Owner's expense. The stormwater treatment
<br />measures shall not be removed from the Property unless such a release is so executed and recorded.
<br />D. Effective Date and Modification. This Agreement is effective upon the date of
<br />execution as stated at the beginning of this Agreement. This Agreement shall not be modified except
<br />b}' wa-irien instrument executed by City and Owner at the time of modification. Such modifications
<br />steal] be effective upo the date of executiun and shall be recorded.
<br />Cih• of Pleasa to O~~~ner:
<br />_ Hendrick A~ omotive ~rou_p
<br />Nilson Fialho, qty Manager ~ See Attached Page ___
<br />Approved as to Form: Type or print name and title
<br />~~~~ ~~[,~~ 4345 Rosewood Dry Pleasanton, CA
<br />~. ~] Address
<br />Michael H. Koush, Ci~y At~nsy j
<br />(;. Abrahamson, Cry Clerk
<br />1 il04 Page 4 of 5
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