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Approve a substantive change to the facilities use agreement with Training and Research <br />Foundation <br />September 21, 2021 <br />Page 2 <br />the soil by City or its employees, agents or contractors; and (2) any third party personal <br />injury actions which allege exposure to such undiscovered Hazardous Materials as a <br />result of use of the Facilities. "Hazardous Materials" as used herein shall be interpreted <br />broadly to mean any hazardous or toxic substance, material or waste that now is or <br />hereafter becomes regulated by any local government authority, the State of California, <br />or the United States Government. <br />The facilities use agreement will still contain the following language related to <br />indemnification: <br />TRF shall defend, indemnify, and hold harmless the City and its officers, officials, <br />employees, and volunteers from and against any claims, liabilities, damages, losses, <br />costs, expenses incurred or suffered by City on account of any personal injuries or <br />property damage caused by the use of Facilities pursuant to this Agreement or any activity <br />or negligent omission of TRF or its employees, agents, volunteers or contractors. In the <br />event that City is named as a codefendant, TRF shall notify City of such fact and shall <br />represent City in such legal action unless City undertakes to represent itself in such legal <br />action. TRF further agrees to indemnify, hold harmless, and pay all costs of defense of <br />the City, including fees and cost for special counsel to be selected by the City, regarding <br />any action challenging the validity of this Agreement, or asserting that personal injury, <br />damages, just compensation, restitution, judicial or equitable relief due to personal or <br />property rights arises by reason of the terms, or effects of this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceedings. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Revised Agreement <br />Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community <br />Services <br />Approved By: Kristine Ridge, City Manager <br />