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8D Consent 2016 0502
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8D Consent 2016 0502
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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)
Path:
\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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5 <br /> <br />stop notice claims, as necessary. Commercial General Liability insurance shall be <br />endorsed so as to make the City an additional insured, and the endorsement must be <br />submitted to the City for review and acceptance annually. In addition, an <br />endorsement for primary coverage must also be submitted to the City for review and <br />acceptance annually. <br />d. Waiver of Subrogation. Pelton and City each agree to waive, and as applicable shall <br />cause the insurance companies issuing their respective property (first party) <br />insurance, to waive any subrogation rights that each Party and such companies may <br />have against Pelton or City, respectively, as long as the insurance is not invalidated <br />by the waiver. If the waivers of subrogation are contained in their respective <br />insurance policies, City and Pelton waive any right that either may have against the <br />other on account of any loss or damage to their respective property to the extent that <br />the loss or damage is insured under their respective insurance policies. An <br />endorsement for waiver of subrogation must be submitted to the City for review and <br />acceptance annually. <br />9. Employees. No relationship of employer and employee is created by this Agreement. <br />City is not the agent, employee or employer of Pelton in any capacity whatsoever and <br />Pelton is not the agent, employee or employer of City in any capacity whatsoever. <br />Neither City nor any of its employees, contractors or agents shall by virtue of this <br />Agreement or by the performance of actions pursuant to this Agreement be an employee <br />of Pelton for any purpose whatsoever nor shall they be entitled to any of the rights, <br />privileges or benefits of Pelton employees. Neither Pelton nor any of its employees, <br />contractors or agents shall by virtue of this Agreement or by the performance of actions <br />pursuant to this Agreement be an employee of City for any purpose whatsoever nor shall <br />it or they be entitled to any of the rights, privileges or benefits of City employees. <br />10. Taxes. Pelton shall pay all real property taxes and general assessments levied and <br />assessed against the Premises during the term of this Agreement. <br />11. Alterations. During the term of this Agreement, City shall not make any change, <br />alteration or addition to the Premises (collectively, the “Alterations”) that would <br />materially alter the function of the Premises or the exterior appearance of the Premises, <br />without the prior written consent of Pelton. Any Alterations and improvements made by <br />City shall remain the property of City and, subject to restoration of the Premises to its <br />condition prior to City making the Alterations or improvements, may be removed from <br />the Premises upon the termination of this Agreement. Any Alterations installed or <br />provided by Pelton shall remain the property of Pelton, and City shall not be required nor <br />have the right to remove any such Alterations of improvements. <br />12. Non-Transferable. Neither Party shall assign or transfer any interest in this Agreement <br />without prior written approval of the other Party. <br />13. Waiver. No waiver of a breach, failure of any condition, or any right or remedy <br />contained in or granted by the provisions of this Agreement shall be effective unless it is <br />in writing and signed by the Party waiving the breach, failure, right or remedy. No <br />waiver of any breach, failure, right or remedy shall be deemed a waiver of any other <br />breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a <br />continuing waiver unless the writing so specifies. <br />14. Event of Default. An Event of Default under this Agreement shall occur if any Party <br />fails to comply with any of the covenants or obligations hereunder and does not cure such
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