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Certification And Mutual Indemnification Agreement <br />The City of San Leandro, by and through its City Attorney, hereby certifies that to <br />its best current understanding of the law, the taxes, assessments and fees placed on <br />the 1997/98 Secured Property Tax bill by the City of San Leandro met the <br />requirements of Proposition 218 that added Articles XIIIC and XIIID to the State <br />Constitution. <br />Therefore, for those taxes, assessments and fees which are subject to Proposition 218 <br />and which are challenged in any legal proceeding on the basis that the City of San <br />Leandro has failed to comply with the requirements of Proposition 218; the City of <br />San Leandro agrees to defend, indemnify and hold harmless the County of Alameda, <br />its Board of Supervisors, its Auditor-Controller/Clerk Recorder, its officers and <br />employees. <br />The City of San Leandro will pay any final judgment imposed upon the County of <br />Alameda as a result of any act or omission on the part of the City of San Leandro in <br />failing to comply with the requirements of Proposition 218. <br />The County of Alameda, by and through its duly authorized agent, hereby agrees to <br />defend, indemnify and hold harmless the City of San Leandro, its employees, agents <br />and elected officials from any and all actions, causes of actions, losses, liens, damages, <br />costs and expenses resulting from the sole negligence of the County of Alameda in <br />assessing, distributing or collecting taxes, assessments and fees on behalf of the City <br />of San Leandro. <br />If a tax, assessment or fee is challenged under Proposition 218 and the proceeds are <br />shared by both the City of San Leandro and the County of Alameda; then the parties <br />hereby agree that their proportional share of any liability or judgment shall be equal <br />to their proportional share of the proceeds from the tax assessment or fee. <br />The above terms are accepted by the public agency and I further certify that I am <br />authorized to sign this agreement and bind the public agency to its terms. <br />Dated: August 4, 1997 <br />CITY OF SAN LEANDRO <br />By: <br />Steven R. Meyers <br />San Leandro City Attorney <br />J:\WPD\CSL\136\01 WGREE\CERTMUTU.IND <br />Dated: <br />COUNTY OF ALAMEDA <br />By: <br />(Signature) <br />(Print Name) <br />(Print Title) <br />