AgdaPkt 2009-01-12 clsd and reg - Laserfiche WebLink

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City of Redwood City Parks, Reaeation and Community Services Letter of Agreement 6.1G January7, 2009 6 Page 7 4. OWNERSHIP AND LIABILITY 4.1. The Community Partner is the owner of the playground in its entirety t for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or its Funding Partner(s). 4.2. It is agreed that City of Redwood City ParKs, Recreation and Community Services will indemnify and hold hannless KaBOOMI and/or the Funding Partner and their respective-officers, directors, employees, or agents from any and all claims, costs, expenses (including attorney's fees and disbursements) or actions associated with this playground project from any claim or action, including but not limited to claims and actions for personal injury, death, or property damages resulting from the use of any playground property and equipment, except to the extent resulting from any willful misconduct of KaBOOM! and/or the KaBOOMl Funding Partner. 4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the scheduled build Day. The manufacturers representativelinstaller win certify that the playground was installed to manufacturer's specifications at the end of the Build Day. 4.3.1. Notwithstanding the foregoing, City of Redwood City ParKs, Recreation and Community Services shaD be solely responsible for the playground and its equipment upon certification of the playground. 4.3.2. City of Redwood City ParKs, Recreation and Community Services shall be responsible for securing safety measures of the playground to prevent injury, death, or property damages in the unlikely event that the playground is not completely constructed, and all equipment fully installed, at the conclusion of the Build Day and once KaBOOM! and/or the CPSI t~ave the playground site. 4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all equipment fully installed at the conclusion of the Build Day. City of Redwood City Parks, Recreation and Community Services shall be responsible for completing the installation of the playground in accordance with the specified guidelines with the assistance of the CPSI and/or the manufacturers representatives, facilitated by KaBOOMI. City of Redwood City Parks, Recreation and Community Services shaD be solely responsible for any injuries, death, or property damage that arises out of City of Redwood City Parts, Recreation and Community Services's completion of such installation. 4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of City of Redwood City Parks. Recreation and Community Services. Upon request, the playground- equipment and safety-surfacing manufacturers win provide guidance and materials, toward a maintenance plan for the playground. 4.4.1. The Community Partner will receive from Playworld Systems Inc., the provider of its playground equipment, or via ~s KaBOOM! project manager, a play equipment maintenance kit from Playwortd Systems Inc. 5. WARRANTY 5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with its warranty policy. Upon request, a copy of the warranty for the playground-equiprnent and the safety-surfacing will be provided by the manufacturer(s) to the Community Partner. WhDe playground equipment and/or material manufacturers may provide a warranty with respect to their product. City of Redwood City Parks, Recreation and Community Services acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees or agents, have made nor are in any manner responsible or liable for any warranty. representation. or guarantee, express or implied, in fact or in law, relative to any uipment or material, including but not limited to its quality, mechanical condition or fitness for a