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HomeMy WebLinkAboutPW Pubic Safety Center Donation GeneratorRECEIPT AND HOLD HARMLESS AGREEMENT THIS RECEIPT and HOLD HARMLESS AGREEMENT is executed this 3R0 _ day of (_) ToSE(t , 2017, by and between the CITY OF SAN RAFAEL, ("CITY"), and TPA 6QC6ORy , ("DONEE"). I RECITALS WHEREAS, CITY is preparing to commence on the construction of a new Public Safety Center, which will be developed on 0.83 acres of property owned by CITY fronting Fifth Avenue, C Street and D Street (the "construction site"), that is currently the site of three structures, namely, existing Fire Station 51, a two-story residence used by the City for administrative offices (Blue House), and a one-story modular building (Parking services), and two surface parking lots; and WHEREAS, in order to begin construction of the new Public Safety Center, CITY will be demolishing the structures and surface parking lots on the construction site; and WHEREAS, CITY plans to salvage reusable and recyclable items and materials from the structures to be demolished on the construction site, to the extent possible, and to donate such items to third parties that are willing and able to repurpose them; and WHEREAS, DONEE is a person or organization that wishes to acquire certain of the donated items or materials for its own purposes and CITY is willing to donate those items and materials to DONEE; and WHEREAS, CITY has advised DONEE, and DONEE acknowledges and understands, that one or more of the items or materials to be donated to DONEE contains or may contain materials known to be hazardous to human health, including but not limited to lead-based paint; and WHEREAS, DONEE has represented to CITY that DONEE is agreeable to accepting any items and materials donated by CITY in their as -is condition, without warranties or guarantees of any kind; NOW, THEREFORE, CITY and DONEE hereby agree as follows: ��r 12'ti2 • � ACKNOWLEDGEMENT OF RECEIPT AND AGREEMENT 1. CITY hereby donates to DONEE, and DONEE hereby accepts, the following items and/or materials salvaged from the demolition of the structures on the construction site: 6emK Amba � com pacSSo R (Additional items listed on Attachment "A" hereto. Hereafter, all items listed in this Paragraph 1, including any listed on Attachment "A" shall be referred to collectively as the "DONATED ITEMS".) 2. DONEE acknowledges that CITY has advised DONEE that one or more of the DONATED ITEMS contains or may contain materials known to be hazardous to human health, and that CITY is not taking any steps to abate or eliminate any hazards of any kind that may exist in or arise from the DONATED ITEMS, but rather is donating all the DONATED ITEMS in their as -is condition. 3. In consideration of CITY'S donation of the DONATED ITEMS to DONEE, DONEE agrees to accept and hereby acknowledges receipt of the DONATED ITEMS in their as - is condition. 4. Except as specifically stated herein, CITY makes no representations or warranties to DONEE concerning the DONATED ITEMS, including their suitability for the uses intended for them by DONEE, and from and after the date of taking possession of the DONATED ITEMS, DONEE releases CITY, and its officers, employees, agents and volunteers, from any and all expenses attributable to the DONATED ITEMS, or liability for loss, injury or damages to the DONATED ITEMS, or to DONEE or DONEE'S real or personal property or to any other person or property, caused by, arising fi•om, connected with or attributable, in whole or in part, to the DONATED ITEMS. 5. Upon DONEE taking possession of the DONATED ITEMS pursuant to this Agreement, DONEE shall indemnify, defend, and hold harmless CITY, and its officers, employees, agents and volunteers, from and against any and all claims or suits for damages, injury or wrongful death caused by or arising from the DONATED ITEMS. DONEE shall further indemnify, defend, and hold harmless CITY, and its officers, employees, agents and volunteers, from and against all costs, attorney's fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification. WHEREFORE, the parties have executed this Receipt and Hold Hannless Agreemcnt on the date first set forth above. CITY OF SAN RAFAEL By: 1�m Director of Public Works DONEE [Printed Name] r 4(D '►T VfeW 20 N CA� .14s -C -E 0 7tfgR [ dress and Telephone Number]