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8G Consent 2019 0204
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8G Consent 2019 0204
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1/30/2019 3:43:42 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/4/2019
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PERM
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City of San Leandro – Prop SF Non-Exclusive License Agreement Page 7 of 16 <br />B.Throughout the term of this License, Prop shall maintain Jones Act coverage in the <br />amount required under applicable federal law, covering Prop’semployees, if any, at work upon <br />the Shoreline Property or engaged in services or operations in connection with this License or <br />on the ShorelineProperty. Propshall require that any contract entered into by Propwith respect <br />to this License or activities pursuant to this License include a contractual undertaking by the <br />contractor to provide worker’s compensation insurance for its employees in compliance with <br />applicable state law. <br />C.Throughout the term of this License, Prop shall maintain pollution liability insurance <br />coverage, for losses arising from or in any way related to pollution conditions, both sudden and <br />non-sudden (gradual), which arise from or in connection with Prop’s transportation services <br />used in connection with the License. The pollution liability insurance shall include minimum <br />liability limits of $2,000,000 per loss and $4,000,000 in the aggregate. <br />D. Companies writing the insurance required hereunder shall be licensed “on an Admitted <br />or Non-Admitted bases” to do business in the State of California. Insurance shall be placed <br />with insurers with a current A.M. Best's rating of no less than A: VII. Prior to the Effective <br />Date, Prop shall furnish City with certificates of insurance in form acceptable to City <br />evidencing the required insurance coverage and duly executed endorsements evidencing such <br />additional insured status. The certificates shall contain a statement of obligation on the part of <br />the carrier to notify City of any material change, cancellation, termination or non-renewal of <br />the coverage at least thirty (30) days in advance of the effective date of any such material <br />change, cancellation, termination or non-renewal, except in the event of non-payment of <br />premium a ten (10) day notice will be provided. Coverage provided by Prop shall be primary <br />insurance and shall not be contributing with any insurance, or self-insurance maintained by <br />City, and the policies shall so provide. The insurance policies shall contain a waiver of <br />subrogation for the benefit of the City. Prop shall provide City with certified copies of the <br />required insurance policies upon City’s request. <br />8.Notices <br />All notices pursuant to this License shall be addressed as set forth or as either party may <br />subsequently designate by written notice and shall be sent through the United States mail or by <br />personal delivery: <br />Prop SF LLC City of San Leandro <br />James Jaber, CEO 835 E. 14th Street <br />3100 Gibbons Dr.San Leandro, CA 94577 <br />Alameda, CA 94501 Attn.: City Manager <br />9.Assignment <br />Prop shall not assign this License without the express written consent of the City, which <br />consent may be withheld for any or no reason whatsoever. Unless otherwise provided herein, <br />the terms, covenants and conditions herein shall apply to and bind the heirs, successors, <br />executors, administrators, and assigns of all the Parties hereto, all whom shall be jointly and <br />severally liable hereunder.
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