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