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7.A. - Page 139 of 176
<br />Permit No
<br />Pe rm ittee.
<br />19. Upon the Effective Date, Permittee, at its sole cost and expense, shall remove all debris, trash, and other
<br />refuse from the Property to the reasonable satisfaction of City. Thereafter, Permittee, at its sole cost and
<br />expense, shall maintain its encroachment(s) or constructed facilities and/or the Property in a good and
<br />safe condition at all times, reasonable wear and tear and Acts of God excepted, and shall keep the
<br />Property free of debris, litter and graffiti. Without limiting the generality of the foregoing, Permittee shall
<br />be responsible for maintaining any located on the Property, and
<br />for undertaking at Permittee's sole expense without reimbursement, any necessary repair of
<br />on the Property.
<br />20. City shall have the right at all times during the term of this Permit to enter upon and to inspect the
<br />Propertyto ensure compliance with this Permit.
<br />21. City, in its discretion, may require Permittee to post cash or other security in order to ensure adequate
<br />maintenance of the encroachments and the Property in accordance with this Permit.
<br />23. Permittee hereby waives, releases, and discharges forever the Indemnitees from all present and future
<br />Claims arising out of or in any way connected with entry upon or use of the Property and the
<br />mprovements located thereon by Permittee or Permittee's agents, employees, invitees, contractors or
<br />subcontractors pursuant to this Permit, including without limitation all Claims arising in connection with
<br />any injury to persons or damage to or theft of vehicles, equipment, materials, or any other personal
<br />property, except and to the extent caused solely by the gross negligence or willful misconduct of any of
<br />the Indemnitees. The provisions of this Special Provision 27 shall survive the expiration or earlier
<br />termination of this Permit.
<br />24. Permittee shall keep the Property free and clear of all mechanics' liens arising, or alleged to arise, in
<br />connection with any work performed, labor or materials supplied or delivered, or similar activities
<br />performed by Permittee or at Permittee's request or for Permittee's benefit. If any mechanics' liens are
<br />placed on the Property in connection with Permittee's use or activities, Permittee shall diligently pursue
<br />all necessary actions to remove such liens from title, either by payment or by recording a lien release
<br />bond in the manner specified in California Civil Code Section 3143 or any successor statute.
<br />Notwithstanding anything to the contrary set forth in this Encroachment Permit, if any such lien is not
<br />released and removed within thirty (30) days, City at its sole option, may immediately fake all actions
<br />necessary to release and remove such lien, without any duty to investigate the validity thereof, and all
<br />sums, costs and expenses, including attorneys' fees and costs, incurred by City in connection with such
<br />lien shall be due and payable by Permittee within thirty (30) days after receipt of a written demand
<br />therefor, accompanied by reasonable supporting documentation.
<br />25. Notices. Except as otherwise specified in this Permit, all notices to be sent pursuant hereto shall be
<br />made in writing, and sent to the Parties at the addresses specified below, or such other address as a
<br />Party may designate by written notice delivered to the other Party in accordance with this section. All
<br />such notices shall be sent by: (a) personal delivery, in which case notice shall be deemed delivered upon
<br />receipt; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed
<br />delivered two (2) business days after deposit, postage prepaid in the United States mail; or (c) nationally
<br />recognized overnight courier, in which case notice shall be deemed delivered one (1) day after deposit
<br />with such courier.
<br />TO CITY: City of Redwood City
<br />1017 Middlefield Road
<br />Redwood City, CA 94063
<br />Attn: Community Development Director
<br />Telephone: (650) 780-7380
<br />With a copy to:
<br />City of Redwood City
<br />1017 Middlefield Road
<br />7 of 9
<br />OAK #4819-4834-1908 v19 Exhibit D
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