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REV: 08-25-25 VR
<br />cost and expense, remove any personal property or equipment of YMCA-SV on the Property in
<br />accordance with all applicable laws.
<br />(c) Costs. YMCA-SV shall bear the entire cost of all Studies performed by
<br />YMCA-SV or at YMCA-SV’s direction.
<br />2. Notice. YMCA-SV shall, at least one (1) business day (but in no event less than
<br />twenty-four (24) hours) prior to entry onto the Property, provide written notice to Tanisha Werner,
<br />P.E., City Engineer and Engineering and Transportation Director, by electronic mail at
<br />TWerner@redwoodcity.org, and to Tiarra Warner, Parks, Recreation & Community Services
<br />Director, by electronic mail at TWarner@redwoodcity.org of its intention to enter the Property to
<br />have its contractors begin the contemplated Studies. The notice shall expressly inform the City
<br />contacts named above when YMCA-SV needs access to the Property.
<br />3. Permits and Compliance with Law. YMCA-SV and/or its contractors shall conduct
<br />the Studies in accordance with all applicable federal, state, and local laws, regulations, standards,
<br />directives, guidelines, and judicial and administrative orders and decrees (collectively, “Laws”)
<br />currently existing and as may be amended, enacted, issued, or adopted, prior to conducting the
<br />Studies, and shall obtain and maintain, at its sole cost and expense, all governmental permits and
<br />authorizations required by any governmental authority for the Studies and all activities associated
<br />therewith, or any other activity of YMCA-SV on the Property. YMCA-SV shall provide copies of
<br />all such permits to City prior to performing the Studies.
<br />4. Assumption of Risk. Each person entering upon the Property under this Agreement
<br />shall do so at his, her or its own risk. On behalf of itself and its agents, representatives, assigns,
<br />heirs, spouses, successors-in-interest, executors, administrators, employees, contractors and
<br />subcontractors (“Releasors”), YMCA-SV assumes all risk of entering the Property and agrees that
<br />City, and its officers, agents, representatives, volunteers and employees are released and shall not
<br />be liable in any manner for harm, injury or death of Releasors or for damage to property of
<br />Releasors caused by YMCA-SV entry upon the Property under this Agreement and whether
<br />occurring on or after the date of this Agreement. This release applies to all potential future claims
<br />and YMCA-SV on behalf of itself and the Releasors agrees to waive any and all rights pursuant to
<br />Section 1542 of the California Civil Code, as follows:
<br />“A general release does not extend to claims that the creditor does not know or
<br />suspect to exist in his favor at the time of executing the release, which if known by
<br />him must have materially affected his settlement with the debtor.”
<br />5. Restoration. In the event that YMCA-SV causes any damage to any portion of the
<br />Property or any adjacent properties or the existing improvements thereon, YMCA-SV, at its
<br />expense, shall promptly restore the Property, adjacent properties and existing improvements
<br />thereon as nearly as possible to the physical condition existing immediately prior to YMCA-SV’s
<br />entry onto the Property.
<br />6. Insurance. Prior to conducting any Studies on the Property, and throughout the
<br />duration of this Agreement, YMCA-SV shall provide to City evidence of and maintain, at its own
<br />ATTY/AGR.2025.223/YMCA of Silicon Valley (Utility Potholing) (Page 2 of 9)
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