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8G Consent 2007 0618
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8G Consent 2007 0618
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6/15/2007 10:14:06 AM
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6/15/2007 10:14:00 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/18/2007
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_CC Agenda 2007 0618
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<br />),(JRlT':"!}:),T 8.. LICE\SE (continued) <br /> <br />Page 2 <br /> <br />within the license area which are not ccmpatible with a regional trail facility and <br />agree not to permit or institute ~1Y use or activity, although ~~thin the general <br />definition of regional trail uses which would materially interfere or conflict with <br />hiking, riding, or bicycling on the trail facility. <br /> <br />c. "CITY" shall have the option at "CITY'S" request to maintain and operate <br />the trail as a part of the "CITY'S" Parks and Recreation Departrrent provided ooth <br />CITY and PARK agreed to the orderly transition of "PARK' Sit responsibility as detailed <br />in this agreement. CITY also acknowledges the use and operation of said public trail <br />as a part of the Regional Trail System and thereby agrees to operate said trail to <br />the established uses and Standards of a Regional Trail. <br /> <br />4. Indemnity. PARK agrees to indemnify and save har.mless CITY from and against <br />any and all loss, damage, liability, e~)ense, claims, or demands of whatever character, <br />direct or consequential, including injuries to agents or employees of CITY and PARK <br />directly or indirectly contributed to or caused by the construction, reconstruction, <br />maintenance, removal, or use of the trail, excepting any loss, etc., resulting from <br />the acts or omissions of CITY or its employees or agents. This agreement does not <br />llnpose personal liability upon an individual director, employee, officer, or agent <br />of PARK. <br /> <br />5. 'Vorkers' Compensation and Public Liability Insurance. <br /> <br />a. Employer's Liability Insurance. Promptly after execution of this license, <br />PARK at its eA1)8nse, shall take out and maintain during the life of this license, <br />Workers' Compensation Insurance and Employer's Liability Insurance for all of its <br />employees, all in strict compliance with State laws. <br /> <br />b. Public Liability Insurance. Promptly after execution of this license, <br />PARK at its expense shall take out and lnaintain during the life of this license, <br />such Public Liability Insurance as shall protect PARK and CITY as named insured fram <br />claims ~TIich may arise in connection with operations under this license by PARK, per- <br />mittee, or user of PARK or any person enployed by PARK perfonning operations for it. <br />Said liability insurance shall include, but shall not. be limited to, protection <br />against claims arising from bodily and personal injury and damage to property, <br />resulting from all operations under this license, use of owned or non-owned automo- <br />biles, products, and completed operations. Said policy or policies shall cover as <br />primary insurance and shall be endorsed to provide that other insurance maintained <br />by CITY shall not be called on to contribute to a loss covered by said policy or <br />policies, and that CITY will be notified at least thirty (30) days prior to any <br />proposed cancellation or change in any of said policies.' <br /> <br />The amounts of insurance so provided by PARK shall not be less than the <br /> <br />following: <br /> <br />Single Limit Coverage applying to Bodily and Personal <br />Injury Liability and Property Damage or a combination .. $500,000. <br /> <br />In order to effect the required coverage, the policy or policies must <br />contain the following additional endorsenents or provisions: <br /> <br />(1) \\11erever the 'hOrd "accidentll appears in the policy or endorsanents, <br />it shall be changed to lloccurrenceH; <br /> <br />r <br />
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