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v- _R - INDEMNIFICATION AGREEMENT TRACT MAP 7813,MEADOWLARK SUN MEADOWLARK,LLC,4305 HACIENDA DRIVE, SUITE 430,PLEASANTON CA 94588 HIS INDEMNIFICATION AGREEMENT("Agreement") is entered into this3/11"- day o 2020, by V&B Excavating&Grading Inc., Fremont, CA 94538„ License No. 8978 4, ("Contractor") and the CITY OF PLEASANTON("City"), a municipal corporation. WHEREAS, Sun Meadowlark LLC, (collectively"Subdivider") have a planned unit development plan(PUD-58, and PUD 58-03M)and Tract Map 7813 ("Map") approved by the City, a copy of which Map is on file in the office of the City Engineer, and by reference is incorporated into this Agreement; and WHEREAS,the Map's conditions of approval require Subdivider to dedicate and make public improvements at Subdivider's cost as set forth in the attached Subdivision Agreement, which is incorporated as Exhibit A("Subdivision Agreement"); and WHEREAS, Contractor has entered into an agreement with Subdivider to construct the subdivision improvements for the Map; and WHEREAS, as required by the Subdivision Agreement, Subdivider is required to indemnify the City and provide insurance for claims arising from Subdivider, and it's Contractor's and subcontractor's work in constructing and installing the improvements described in the Subdivision Agreement. NOW, THEREFORE,the parties agree as follows: 1. Indemnification. Contractor agrees to indemnify, defend, and hold harmless the City, its elective and appointive Boards, Commissions, officers, agents and employees in the same manner as the Subdivider as described in Section 10 of the Subdivision Agreement. 2. Insurance. Contractor agrees to provide the insurance as described in Section 11 of the Subdivision Agreement. 3. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail(including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000(15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.),or other applicable law)or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. IN WITNESS WHEREOF,the parties have executed this Agreement the date and year first above written. Page 1 of 2