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(collectively, "Maintenance Services"). The encroachment permit shall be issued on the terms and
<br />conditions of this Agreement:
<br />a. Permitted Uses. The Property Owner may enter upon such Private Improvements as
<br />are located within the City rights-of-way, and may temporarily block reasonably necessary portions of the
<br />adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental
<br />purposes thereto, such as operating equipment and storing materials during the period maintenance services
<br />are being performed (collectively, "Activities"). The Property Owner shall not use such areas for any other
<br />purpose. The utility main and sanitary sewer service shall not be extended to any other property. The
<br />Property Owner shall not allow any other property to connect to the Private Improvements, except as shown
<br />in Exhibit B.
<br />b. Insurance. The Property Owner shall obtain and deliver to the City, at no cost to the
<br />City, certificates of commercial general liability insurance which indicate that the City, its elective and
<br />appointive boards, commissions, officers, agents and employees are covered as additional insureds under
<br />all insurance policies maintained for performance of the Maintenance Services and other Activities by (i)
<br />the Property Owner or (ii) any contractor or subcontractor directly or indirectly employed by the Property
<br />Owner to perform any Maintenance Services or other Activities. Each of these policies shall also provide
<br />that no cancellation, major change in coverage, or expiration may be affected by the insurance company or
<br />the insured during the time of perfornance of the Maintenance Services and other Activities, without first
<br />giving to the City thirty (30) days' written notice prior to the effective date of such cancellation or change in
<br />coverage. The Property Owner shall not permit any contractor or subcontractor to commence or continue
<br />performing Maintenance Services or other Activities until the certificates or any substitute certificates have
<br />been approved by the City's Risk Manager.
<br />9. PERMITS AND APPROVALS. To the extent that performance of the Maintenance
<br />Services or other Activities requires permits or governmental approvals, the Property Owner shall, at its
<br />sole cost and expense, obtain such permits and approvals. The City shall issue encroachment permits, from
<br />time to time, on the terms set forth in Section 8 above. All necessary permits and approvals shall be
<br />obtained from the County of San Mateo prior to the issuance of an Encroachment Permit from the City.
<br />10. TERM. This Agreement shall cormnence immediately upon the Effective Date and shall
<br />continue in perpetuity until and unless terminated by the City in accordance with Section 6(f).
<br />11. INDEMNIFICATION. The Property Owner shall indemnify, defend and hold the City, its
<br />Council, boards, offices, commissions, agents and employees harmless from liens, claims, demands,
<br />actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including reasonable
<br />attorneys' fees (individually, a "Claim" and collectively, "Claims"), which may arise from or in any manner
<br />relate to any work performed or services provided under this Agreement by the Property Owner, or the
<br />Property Owner's contractors, subcontractors, agents or employees, including, but not limited to, the
<br />performance of the Maintenance Services or other Activities. Notwithstanding the forgoing, the Property
<br />Owner shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that
<br />any Claim is caused by the gross negligence or willful misconduct of the City or its agents or employees.
<br />The aforementioned indemnity shall apply regardless of whether or not the City has prepared, supplied or
<br />approved plans and/or specifications for the Improvements and regardless of whether any insurance
<br />required under this Agreement is applicable to any Claims.
<br />12. DEFAULT. The failure to maintain the Improvements will constitute an event of default.
<br />Upon such event of default, the City shall provide written notice to the Property Owner. Upon receipt of the
<br />written notice, the Property Owner shall have thirty (30) days to remedy such event of default (or such
<br />REV: 08-26-20215K
<br />ATTY/AGR.2021.117/Other (Page 5 of 21)
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