Surplus Equipment Donation

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1 The Redevelopment Agency of the City of San Jose Date: July 24, 2009 Time: 10am to 3pm Location: 500 S. 1 st Street, San Jose

2 San Jose Redevelopment Agency Description: The San Jose Redevelopment Agency will be opening its storage facility at 500 S. 1 st Street (entrance on Williams Street) on Friday July 24, 2009 from 10am to 3pm to eligible non-profit groups (5013c) and San Jose Schools in order to donate surplus office furniture and equipment. It should be noted that the condition of the available equipment varies greatly. Please see the pictures below which provide a rough sample of what is available. Requirements: Eligible organizations must RSVP to Allen Ishibashi or allen.ishibashi@sanjoseca.gov by July 20, Eligible organizations must sign a waiver holding the Agency harmless from all liability related to entering the property and deliver the executed document prior to the event date (must be signed by individual with authority to execute documents on behalf of the organization). Organizations must present proof that they are an eligible non-profit group or San Jose School on the date of the event All surplus equipment must be removed the day of the event Eligible organizations must provide all equipment and labor necessary to remove the surplus equipment

3 San Jose Redevelopment Agency

4 RD:SSG:SSG 5/26/2009 Waiver and Release - Surplus Property (School/School District Donee) Consistent with Administrative Policy Number 304 of the Redevelopment Agency of the City of San Jose ("Agency"), the Agency s Finance Division Director has determined that certain items of personal property owned by the Agency is surplus and has no or negligible residual value (Surplus Items"). The Agency has made these Surplus Items available without charge to, a Public within the City of San Jose. The Surplus Items are made available for inspection and pickup on June 5, 2009 between 10 a.m. and 3 p.m. at 500 C. 1 st Street, San Jose ("Donation Site"). The Agency has granted the Donee a right of entry on to the Donation Site to inspect, pick up, and remove any of the Surplus Items on the above listed date. Upon such pickup and removal, any Surplus Items will become property of the Donee. The Donee understands that any use of the Surplus Items shall be at the Donee s own risk, and Agency makes no warranty regarding the condition of the Surplus Items, or their fitness, safety and/or suitability for any intended use. The Donee agrees to indemnify, defend and hold harmless the Agency, the City, and their officers, employees, agents and assigns from all liability, loss, cost, claim, demand, action, suit, fine, damage and expense (including, without limitation, reasonable attorney s fees and costs of litigation) arising from or related to the Donee s acquisition and use of the Surplus Items, the condition of the Surplus Items, or the entry by the Donee, its officials, employees, volunteers, or agents onto the Donation Site. The Donee acknowledges and agree that the releases made herein constitute final and complete releases of the Agency with respect to all matters released herein, and that by signing this Waiver and Release the Donee is forever giving up the right to sue or attempt to recover money, damages or any other relief from the Agency for all claims the Donee may have with respect to the released matters (even if any such claim is unforeseen as of the date hereof). By the authorized signature below, the Donee affirms that it understands California Civil Code Section 1542, which provides, as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the timeof executing the release which if known by him must have materially affected his settlement with the debtor." Having been so appraised, the.donee assumes all risk for claims, known or unknown, heretofore or hereafter arising from the subject of this release, and specifically waives any rights the Donee may have under Section Donee: By: Name: Title: Waiver and Release T-17967\

5 RD:SSG:SSG 5/26/2009 Waiver and Release - Surplus Property (Nonprofit Donee) Consistent with Administrative Policy Number 304 of the Redevelopment Agency of the City of San Jose ("Agency"), the Agency s Finance Division Director has determined that certain items of personal property owned by the Agency is surplus and has no or negligible residual value (Surplus Items"). The Agency has made these Surplus Items available without charge to, a non profit public benefit corporation. The Surplus Items are made available for inspection and pickup on June 5, 2009 between 10 a.m. and 3 p.m. at500 C. 1 st Street, San Jose ("Donation Site").. The Agency has granted the Donee a right of entry on to the Donation Site to inspect, pick up, and remove any of the Surplus Items on the above listed date. Upon such pickup and removal, any Surplus Items will become property of the Donee. The Donee understands that any use of the Surplus Items shall be at the Donee s own risk, and Agency makes no warranty regarding the condition of the Surplus Items, or their fitness, safety and/or suitability for any intended use. The Donee agrees to indemnify, defend and hold harmless the Agency, the City, and their officers, employees, agents and assigns from all liability, loss, cost, claim, demand, action, suit, fine, damage and expense (including, without limitation, reasonable attorney s fees and costs of litigation) arising from or related to the Donee s acquisition and use of the Surplus Items, the condition of the Surplus Items, or the entry by the Donee, its officials, employees, volunteers, or agents onto the Donation Site. " -The Donee acknowledges and agree that the releases made herein constitute final and complete releases of the Agency with respect to all matters released herein, and that by signing this Waiver and Release the Donee is forever giving up the right to sue or attempt to recover money, damages or any other relief from the Agency for all claims the Donee may have with respect to the released matters (even if any such claim is Unforeseen as of the date hereof). By the authorized signature below, the Donee affirms that it understands California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by.him must have materially affected his settlement with the debtor." Having been so appraised, the Donee assumes all risk for claims, known or unknown, heretofore or hereafter arising from the subject of this release, and specifically waives any rights the Donee may have under Section Donee: By: Name: Title: Waiver and Release T-17967\

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