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WHEN RECORDED, RETURN TO: <br />City Attorney <br />P. O. Box 520 <br />Pleasanton CA 94566 <br />CONTRACT FOR CITY RATER SERVICE <br />THIS AGREEMENT is made and entered into this ~~~r~ day of <br />~~~Lf , 1988 by and between the CITY OF PLEASANTON, a <br />municipal corporation (hereinafter referred to as "City"), and <br />MICHAEL F. HARRIS and C. F. HIIMPHREYS (hereinafter referred to as <br />"Owner"). <br />W I T N E S S E T H <br />A. The City of Pleasanton initiated on August 6, 1987 an <br />eminent domain proceeding City of Pleasanton v. Michael F. <br />Harris, et al., Alameda County Superior Court, Action No. <br />H126981-3. <br />B. Pursuant to the Final Judgment of Condemnation, the <br />Owners were granted permission to connect to City water system <br />without annexation. <br />C. The Final Judgment of Condemnation also states that the <br />Owner is required to pay for all costs of said connection and <br />subject to City Engineer's approval of the water connection. <br />D. In order to clarify and implement this January 6, 1988 <br />judgment, the parties agree to execute this agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants and <br />conditions contained herein, City and Owner agree as follows: <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 />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. <br />3. Indemnify and Hold Harmless. Owner agrees to defend, <br />indemnify, and hold harmless the City and its officers and <br />employees from and against all claims, losses, damage, injury and <br />liability for damages arising from errors, omissions, negligent <br />or wrongful acts of the Owner and his engineer in the performance <br />of this work, arising from incidents when City may have, for any <br />reason, inadequate water supply to Owner's one residence, or <br />arising from City water service. This indemnification shall <br />extend for a reasonable period of time after completion of the <br />project as well as during the period of actual performance of the <br />temporary service under this agreement. Acceptance of the <br />insurance certificates required under this agreement does not <br />relieve the Owner from liability under this indemnity and hold <br />harmless clause. <br />4. City Water Service Temporary. Owner acknowledges that <br />the City's water service is only for one existing single-family <br />