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INDEMNIFICATION AGREEMENT <br /> <br />, THI~ INDEMNIFICATION AGREEMENT is made this ~_~[~r~day of <br />~~ ,2005, by and between Califomia Splash LLC, a California <br />limited liability company (" Califomia Splash") and the City of Pleasanton, a municipal <br />corporation ("City"). <br /> <br /> RECITALS <br /> <br /> A. California Splash leases a portion of real property from the East Bay Regional <br />Parks District ("EBRPD") commonly known as Shadow Cliffs Regional Recreation Area, <br />located at 2500 and 3320 Stanley Boulevard, Pleasanton, California ("Property"). <br /> <br /> B. In 2004, California Splash obtained a conditional use permit and design <br />review approvals from the City to expand the existing water park facilities and related <br />improvements at the Property (PCUP-63 and PDR-243) ("Project"). <br /> <br /> C. To undertake the Project in a timely manner, which is subject to scheduling <br />constraints from EBRPD, the work will occur without the typically required access road <br />and fire protection system, which violates the Uniform Fire Code. <br /> <br /> D. California Splash has requested City to allow the Project to proceed, despite <br />the failure to comply with the Uniform Fire Code. <br /> <br /> E. The City is willing to allow for such Project work on a temporary basis, but <br />expressly does not approve such work as an alternate method of construction. <br /> <br /> NOW, THEREFORE, in consideration of the promises expressed herein, the <br />parties agree as follows: <br /> <br /> 1. The City permits work to proceed on the Project, based on the approved <br />plans, notwithstanding that the access road and water supply to the Locker Room <br />building and Admissions Office/Food Court building ("Buildings") do not comply with <br />Uniform Fire Code, Article 9, section 902, "Fire Department Access," Article 9, section <br />903, "Water Supplies and Fire Hydrants," and Article 7, section 8704, "Fire Safety <br />During Construction," which require access roadways and water supplies to be installed <br />and operational during construction. The Buildings shall not be occupied, nor shall the <br />City approve any new occupancies related to the Project, until the Buildings have an <br />operational fire protection system and a compliant access road is available. At any time, <br />the City reserves the right, in its sole discretion, to issue a Stop Work Notice prohibiting <br />the continuation of the Project under these conditions or the right to impose additional <br />conditions on work proceeding. The City reserves the right to terminate this Agreement. <br />The provisions of this Agreement, including waiver and indemnification in sections 2 and <br />3 survive such termination. <br /> <br /> Page 1 of 2 <br /> <br /> <br />