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City Contribution towards Real Property. City shall contribute Two Hundred and Eight <br />Thousand Dollars ($208,000.00) towards the District's acquisition of the Real Property. <br />Such contribution shall be used exclusively to pay for final land acquisition costs, <br />including the purchase price, title insurance, and escrow fees. No portion of the City's <br />contribution shall be used to pay for legal costs, if any, associated with the District's <br />acquisition of the Real Property. <br /> <br />The contribution shall be paid within thirty (30) days of the Effective Date of this <br />Agreement. <br /> <br />3. City Contribution towards Fence Work. City shall contribute Sixty Thousand Dollars <br /> ($60,000.00) to fund the District's Fence Work. Such contribution shall be paid within <br /> thirty (30) days of the Effective Date of this Agreement. <br /> <br />City Contribution towards Debris Removal. City shall contribute Twenty Thousand <br />Dollars ($20,000.00) to fund District's Debris Removal. Such contribution shall be paid <br />within thirty (30) days of the Effective Date of this Agreement. <br /> <br />Hold Harmless. District shall indemnify, save, protect, defend and hold harmless City, its <br />officers, employees, agents, volunteers and contractors from and against any and all loss, <br />liability, expense, claims, costs, suits and damages, including attorney's fees, arising <br />from District's acquisition, use, operation, or maintenance of the Real Property, and <br />District's actions, contracts, use, operation, or maintenance related to Fence Work and <br />Debris Removal, unless such loss was caused by the sole negligence or willful <br />misconduct of City. <br /> <br />Termination. If either: (a) Happy Valley Annexation No. 150 does not become final and <br />effective; or (b) the City does not award a construction contract for the City Project, the <br />parties' obligations under this Agreement shall terminate. <br /> <br />7. Modification. This Agreement may be modified or amended only in writing upon mutual <br /> agreement of the parties. <br /> <br />8. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall <br /> be addressed as follows: <br /> <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br /> <br />East Bay Regional Park District <br />2950 Peralta Oaks Court <br />P.O. Box 5381 <br />Oakland, CA 94605-0381 <br />Attn: General Manager <br /> <br /> <br />