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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)