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to perform maintenance, inspection, repair and, if and when necessary, replacement
<br />services (collectively, "Maintenance Services"). The encroachment permit will include the
<br />following terms and conditions:
<br />a. Permitted Uses. Developer may enter upon such Improvements as
<br />are located within City rights-of-way, and may temporarily block reasonably
<br />necessary portions of the adjoining street surfaces, solely for the purpose of
<br />performing Maintenance Services, and incidental purposes thereto, such as
<br />operating equipment and storing materials during the period maintenance services
<br />are being performed (collectively, "Activities"). Developer will not use such areas
<br />for any other purpose.
<br />REV: 12-11-19 PR
<br />b. Insurance.
<br />i. General Liability. Developer shall maintain commercial
<br />general liability insurance with coverage at least as broad as Insurance
<br />Services Office form CG 00 01, in an amount not less than Two <Million
<br />Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000)
<br />general aggregate, for bodily injury, personal injury, and property damage,
<br />including without limitation, blanket contractual liability and coverage for
<br />explosion, collapse and underground property damage hazards.
<br />Developer's general liability policies shall be primary and non-contributory,
<br />and be endorsed using Insurance Services Office form CG 20 10 to provide
<br />that City and its officers, officials, employees, and agents shall be additional
<br />insureds under such policies. For construction contracts, an endorsement
<br />providing completed operations to the additional insured, ISO form CG 20
<br />37, is also required.
<br />ii. Workers' Compensation. Developer shall maintain Workers'
<br />Compensation Insurance (Statutory Limits) and Employer's Liability
<br />Insurance with limits of at least One Million Dollars ($1,000,000). Developer
<br />shall submit to City, along with the certificate of insurance, a Waiver of
<br />Subrogation endorsement in favor of City, its officers, agents, employees,
<br />and volunteers.
<br />iii. Auto Liability. Developer shall provide auto liability coverage
<br />for owned, non -owned, and hired autos using ISO Business Auto Coverage
<br />form CA 00 01, or the exact equivalent, with a limit of no less than One
<br />Million Dollars ($1,000,000) per accident. If Developer owns no vehicles,
<br />this requirement may be met through a non -owned auto endorsement to the
<br />CGL policy.
<br />iv. Any deductibles or self-insured retentions must be declared
<br />to, and approved by City. At the option of City either Developer's insurer
<br />will reduce or eliminate the deductibles or self-insured retentions with
<br />respect to City, it's Council, commissions, boards, committees, officers,
<br />employees and agents or Developer will procure a bond guaranteeing
<br />ATTY/AGR.2019.312/Woodside Professional Center, LLC (Page 5 of 12)
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