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INDEMNITY AGREEMENT <br />This Indemnity Agreement is given as of December 14 , 1982, <br />by OAKLAND SCAVENGER COMPANY, a California corporation ("OSC"), to CITY <br />OF SAN LEANDRO, a municipal corporation ("the City"). <br />D70Tmnr.c <br />A. The City granted OSC a conditional use permit on May 22, 1978, <br />concerning operation of a transfer station at Davis Street. A condition <br />of that permit required OSC to grant to the City a right-of-way across <br />certain parcels of land owned by OSC. By subsequent City of San Leandro <br />Standard Public Improvement Agreement (Neptune Drive and Davis Street) <br />dated November 17, 1980, OSC agreed to dedicate those same parcels to <br />the City by grant deed. <br />B. There currently exists as an encumbrance on Parcels 3 and 4 <br />of that property, as described in the conditional use permit and the <br />public improvement agreement, a deed of trust to Title Insurance and <br />Trust, a corporation, securing an indebtedness in the amount of <br />$22,350,000 for the benefit of Bank of America, National Trust and <br />Savings Association, recorded February 6, 1979, on instrument <br />no. 79-023231. The City is willing to accept conveyance of Parcels 3 <br />and 4 under the conditional use permit and public improvement agreement <br />subject to that deed of trust upon the condition of execution by OSC <br />of this Indemnity Agreement. <br />T (`DVVTrtTP. MM <br />NOW, THEREFORE, OSC hereby agrees and promises that it will at <br />all times hereafter indemnify and save harmless the City against any <br />