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8D Consent 2016 0502
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8D Consent 2016 0502
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Last modified
5/5/2016 1:20:55 PM
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4/27/2016 4:19:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2016
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PERM
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_CC Agenda 2016 0502 CS+RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0502
Reso 2016-048
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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4 <br /> <br /> <br />City agrees to indemnify, defend (with counsel approved by Pelton) and hold harmless <br />Pelton and its elected and appointed officers, officials, employees, agents and <br />representatives from and against all Claims resulting from or arising in connection with <br />the use of the Premises caused by the sole negligence or willful misconduct of City. <br />Pelton’s and City’s indemnification obligations, as set forth in this Section 7, shall <br />survive the termination of this Agreement. <br />8. Insurance. <br />a. Type, Amounts and Documents Required. Pelton shall, at its sole expense, procure <br />and maintain throughout the term, and any extensions, of this Agreement all of the <br />following reported on a Certificate of Insurance with A.M. Best rating of A:VII or <br />better: <br />i. Commercial general liability insurance including contractual liability <br />coverage, written on an “occurrence” policy form, covering bodily injury, <br />property damage and personal injury arising out of or relating (directly or <br />indirectly) to Pelton’s operations, conduct, assumed liabilities, or use or <br />occupancy of the Premises naming the Indemnitees as additional insured, <br />with minimum coverage in the amount of Two Million Dollars <br />($2,000,000.00) per occurrence combined single limit for bodily injury <br />and property damage and Four Million Dollars ($4,000,000.00) in the <br />aggregate; <br />ii. Property insurance protecting Pelton against loss or damage by fire and <br />such other risks as are insurable under then available standard forms of <br />“all risk” insurance policies, covering Pelton’s personal property and trade <br />fixtures in or about the Premises, and any improvements and/or alterations <br />in the Premises, in an amount not less than one hundred percent (100%) of <br />their actual replacement cost or highest insurable value; <br />iii. Workers’ compensation insurance in the statutory amounts shall be <br />provided with limits of not less than One Million Dollars ($1,000,000.00) <br />per accident. In the alternative, Pelton may rely on a self-insurance <br />program to meet these requirements, but only if the program of self- <br />insurance complies fully with the provisions of the California Labor Code. <br />b. The foregoing policies shall protect Pelton as named insured, and City and the other <br />Indemnitees as additional insureds, and if subject to deductibles shall provide for <br />deductible amounts not in excess of $100,000.00. City reserves the right to increase <br />the foregoing amount of required liability coverage from time to time (but not more <br />often than once each calendar year) to adequately protect Indemnitees and to require <br />that Pelton cause any of its contractors, vendors or other parties conducting activities <br />in or about or occupying the Premises to obtain and maintain insurance as determined <br />by City and as to which the Indemnities shall be additional insured. <br />c. Insurance of Pelton’s Contractors and Agents. In addition to any other insurance <br />requirements, Pelton expressly agrees that none of its agents, contractors, workmen, <br />merchants, mechanics, suppliers or invitees performing construction or repair work in <br />the Premises shall commence such work unless and until each of them shall furnish <br />Pelton and City with satisfactory evidence of insurance coverage, financial <br />responsibility and appropriate written releases of mechanic’s or materialmen’s lien, or
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