GOLDEN EAGLE FARMS - INDEMNITY AGMT GOLDEN EAGLE FARMS

INDEMNITY AGREEMENT (GOLDEN EAGLE FARMS) THIS AGREEMENT is entered into this 30th day of May 1989 by and between Golden Eagle Estates AHomeown~rs' ("Association") and the CITY OF PLEASANTON ("City"), hereinafter ion collectively referred to as the "Parties." R E C I T A L S A. The Association is the agent of all the owners in Golden Eagle Estates Homeowners' Association and is authorized to enter into this Agreement on behalf of such owners. B. The Association is responsible for the operation, administration, maintenance and repair of Golden Eagle Estates, a 80 - Lot Planned Unit Development project ("project"), located in Pleasanton, California. C. On January 7, 1986 the City approved the Walter Johnson Foundation, the ("Johnson" development plan approval (the "approval"). permitted the development and construction of subject to City's approval of a final develop project. the Application of for zoning and The approval the project, vent plan for the D. Under the terms of the approval, the City permitted (i) the construction and development of the project on a hillside location, and (ii) the construction and maintenance of private roadways and utility systems in the project to provide access and utility services to the project. Such private roadways and utility systems constitute a portion or portions of the project. E. The Association is responsible for the maintenance, repair and reconstruction of the private roadways and private utility systems contained within the boundaries of the project, and for the monitoring, control, landscaping, preventive and routine maintenance, drainage, reconstruction and repair of all natural and finished slope areas in such project. F. City disclaims any responsibility, in whole or in part, for the maintenance, repair or reconstruction of the private roadways and private utility systems or for the monitoring, control, landscaping, preventive or routine maintenance, drainage, reconstruction or repair of the natural or finished slope areas which form a part of the project. G. City is concerned that a cause of action or actions or claim or claims at law may arise based on the locations and/or construction of the private roadways and private utility systems in a hillside location or the maintenance or failure to maintain such private roadways and private utility systems. City is further concerned that an action or actions, claim or claims may - 1 -