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RES 85313
City of Pleasanton
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RES 85313
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9/24/2012 2:16:11 PM
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12/27/1999 11:47:00 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/2/1985
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Reimbursement by City shall be made within thirty (30) days after <br />the sale of the bonds of the North Pleasanton Water Improvement <br />District. <br /> <br /> 8. Procedure If No Assessment District. In the event no <br />assessment district contemplated herein is formed, all costs, <br />expenses and/or obligations incurred or paid by developer as a <br />result of this agreement shall be the sole responsibility of <br />Developer. Further, in the event the assessment district formed <br />does not include as reimbursable costs all the costs and expenses <br />incurred or paid pursuant to this agreement, those costs and <br />expenses not reimbursable by the assessment district shall be the <br />sole responsibility of Developer. <br /> <br /> 9. Defects. Developer shall be liable for defects in <br />workmanship and materials on all of the above-described <br />improvements for a period of one (1) year after acceptance, and, <br />as security for liability against such defects, Developer shall <br />file improvement or maintenance security with the City Clerk, of <br />a type approved by the City Attorney, in the amount of 10% of the <br />total estimated cost set forth above. <br /> <br /> 10. Worker's Compensation. Before commencing work under <br />this contract, Developer shall take out and maintain during the <br />course of this agreement, such worker's compensation insurance as <br />required by the laws of the State of California. On failing to <br />do so, the City may procure such insurance for the Developer and <br />the Developer shall pay the cost. <br /> <br /> 11. Hold Harmless Agreement. Developer hereby agrees to, <br />and shall, hold City, its elective and appointive Boards, <br />Commissions, officers, agents, and employees, harmless from any <br />liability for damage or claims for damage for personal injury, <br />including death, as well as from claims from property damage <br />which may arise from Developer's contractors', subcontractors', <br />agents' or employees' operation under this agreement, whether <br />such operations be by Developer or by any of Developer's <br />contractors, subcontractors, or by any one or more persons <br />directly employed by, or acting as agent for, Developer or any of <br />Developer's contractors or subcontractors. Developer agrees to, <br />and shall, defend City and its elective and appointive Boards, <br />Commissions, officers, agents and employees from any suits or <br />actions at law or equity for damages caused, or alleged to have <br />been caused, by reason of any of the aforesaid operations. In <br />addition to the above: <br /> <br /> a. City does not, and shall not waive any rights <br /> against Developer which it may have by reason of the <br /> aforesaid hold-harmless agreement because of the <br /> acceptance by City, or the deposit with City by <br /> Developer, of any of the insurance policies <br /> described herein. <br /> <br /> b. The aforesaid hold-harmless agreement by Developer <br /> shall apply'to all damages and claims for damages of <br /> every kind suffered, or alleged to have been <br /> <br /> - 4 - <br /> <br /> <br />
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