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REV: 07-15-21 MI <br /> <br />iii. Use. CITY represents that the Activities will be limited to Redwood City Police <br />Department training, including training involving personnel from other <br />government agencies overseen by the CITY and including service dogs. CITY <br />further represents that the Activities will not be of a destructive nature. For <br />example, the Activities will not include penetrations in walls, floors, ceilings, or <br />roofs, or the use of paintballs. City is responsible for repairing any such damage or <br />destruction and will ensure that the Property is left in a reasonably safe and secure <br />condition. All Activities will be conducted at CITY's sole cost and expense. CITY <br />assumes all responsibility and liability for all personnel approved to access the <br />Property and participate in the Activities in the Building. <br /> <br />iv. Site Security. The security of the Building, the surrounding Property, and any <br />persons inside or adjacent to the Building, is CITY’s sole responsibility. CITY will <br />secure the Building following each use.' <br /> <br />v. Existing Generator. CITY acknowledges that the Property contains a diesel fuel <br />tank that sources an onsite generator (collectively, "Generator System"). <br /> <br />B. CITY will conduct all Activities in such a fashion that the Activities do not damage the <br />Generator System or disturb GOOGLE and its Officers, Partners, Members, Employees <br />and Agents, or constitute a public or private nuisance. If any Activities cause damage to <br />the Generator System or any disturbance or constitute a nuisance, the Agreement shall be <br />deemed violated. <br /> <br />C. CITY also represents and warrants that all CITY sworn personnel are physically capable <br />of undertaking the Activities planned for the site, that all appropriate safety equipment <br />will be available on site while the Activities are in progress, and that CITY will follow all <br />appropriate safety procedures during the Activities. <br /> <br />D. This Agreement shall immediately terminate if violated by either party. <br /> <br />ARTICLE II - PROPERTY CONDITION, INDEMNITY, AND INSURANCE <br />REQUIREMENTS <br /> <br />A. CITY acknowledges that it received the following report (the “Report”) regarding the <br />environmental quality of the Property and/or Building: Phase I Environmental Site <br />Assessment Pacific Shores 1050, 1100, 1200, 1300, 1315, 1600, 1700, 1800, and 1900 <br />Seaport Boulevard Redwood City, California 94063, dated August 22, 2014, and CITY <br />assumes all risk related to the CITY’s Activities on the Property and/or Building, <br />including but not limited to the risks identified in the Report. CITY acknowledges that the <br />Property is provided to CITY “AS IS”, “WHERE IS” and “WITH ALL FAULTS” and <br />that there are no representations and/or warranties, express or implied, made by GOOGLE <br />in connection with the CITY’s use of the Property as contemplated in this <br />Agreement. CITY acknowledges and agrees that (1) CITY shall rely upon CITY’s own <br />due diligence in determining whether the Property is suitable for use by CITY as <br />contemplated in this Agreement; (2) GOOGLE has no obligation, liability, responsibility <br />ATTY/AGR.2021.186/Google (Hold Harmless - Google Building) (Page 2 of 8)