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Encroachment permits shall be issued to the person or company who will make use of the permit. Encroachment permits shall be applied for by said person or company. All contractors and subcontractors who will be performing work in, on, under or over the surface of any right-of-way or City property shall be named and identified in the encroachment permit application. The rights granted by the permit shall not be assignable without the express prior written consent of the City's Community Development Department (Department). Permittee agrees to defend, indemnify, and hold City and its City Council, officers, officials, employees, agents and representatives (all of the foregoing collectively "lndemnitees") harmless from and against all actual and alleged liability, loss, cost, claims, demands, causes of action, suits, legal or administrative proceedings, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorneys' fees and costs of litigation) (all of the foregoing collectively
<br />"Claims") resulting from or arising in connection with work performed by Permittee pursuant to this Permit; Claims resulting from or arising in connection with the failure on Permittee's part to perform work under this Permit; Claims resulting from or arising in connection with the use of the Project Site or the improvements located thereon by Permittee or Permittee's agents, employees, invitees, contractors or subcontractors; or Claims arising as a result of or in connection with any release of any hazardous material in, on, under or about the Project Site by Permittee, or Permittee's agents, employees, invitees, contractors, or subcontractors, or any other violation of any environmental law by Permittee or Permittee's agents, employees, invitees, contractors or subcontractors. Permittee's indemnification obligations under this Permit do not apply to any Claims caused solely by the gross negligence or willful misconduct of any of the lndemnitees. Permittee's preceding indemnification obligations shall survive the expiration or earlier termination of this Permit. Permittee shall file and maintain on file with the City evidence of self-insurance or a certificate of insurance demonstrating public liability and property damage insurance coverage of a type and in amounts determined sufficient by the City's Risk Manager. The insurance coverage shall insure the permittee and the City, its City Council, officers, agents, officials and employees, against any loss by reason of injuries to, or death of persons, or damages to property arising out of or related to any work performed by the permittee, its agents or employees performed under this permit, or arising out of the failure on the permittee's part to perform work under this permit, or arising from or caused by the structures or encroachments placed in, on, under or over the surface of any right-of-way or City property pursuant to this permit. Such insurance shall be primary and provide coverage for all liability assumed by the permittee for work performed under this permit and shall be provided by the permittee in minimum amounts as required by the City's Risk Manager.
<br />Permittee(s) Acceptance of City's Permit Terms, Special Provisions, and Operational Standards:
<br />Permittee(s) hereby accepts this permit subject to all terms and conditions set forth in the permit application and attached
<br />Operational Standards form, and agree(s) that all of said terms, conditions and provisions shall be binding on Permittee(s),
<br />co-owners, heirs, assigns, transferees, and successors of interest of every nature.
<br />Permittee(s) Signature(s): __ ,/-__ ---+(; ..... 4=.-c-__ .... 6 .... :;;__ __ 2_=./ __________ Date: 12/10/2024Permittee(s) Signature(s): _________________________ Date: _____ _
<br />Construction Satisfactorily Completed: City Inspector: ______________ Date: ______ _
<br />ATTY/PERMITS/2024/2024.001/OUTDOOR ACTIVITIES CP PERMIT
<br />REV: 03-26-24 SK
<br />Page 2 of 2
<br />REV: 06-09-25 VR
<br />ATTY/AGR.2025.139/La Viga Culinary Inc. (2042 Broadway -LV Mar) (Page 16 of 33)
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