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Agmt26 Sakura (2198 Broadway)
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Agmt26 Sakura (2198 Broadway)
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Last modified
2/11/2026 12:00:40 PM
Creation date
2/11/2026 11:59:04 AM
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Agreement
PROJECT NAME
- Outdoor Business Activity License Agreement_2.7.2026
RMP File Number
304
Date
2/7/2026
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the Licensed Area (which shall include the use described in Section 5 above), <br />assumed liabilities, or use of the Licensed Area, including contractual liability <br />coverage for the performance by the Licensee of the indemnity agreements set <br />forth in this License Agreement, and coverage for damage to the Licensed Area <br />(including all improvements in the Licensee's care, custody, or control), for limits <br />of liability not less than: Bodily Injury, Personal Injury and Property Damage: <br />$2,000,000 each occurrence. If a general aggregate limit applies, either the <br />general aggregate limit shall apply separately to this Outdoor Business Activity <br />and Licensed Area, or the general aggregate limit shall be twice the required <br />occurrence limit. The General Liability insurance policy shall be endorsed to <br />name the City, its Council, its officers, agents, employees and volunteers as <br />additional insureds for ongoing and completed operations, and to state that the <br />insurance will be primary and not contribute with any insurance or self-insurance <br />maintained by the City. The Licensee shall submit to the City, along with the <br />certificate of insurance, a Waiver of Subrogation endorsement in favor of the <br />City, its officers, agents, employees, and volunteers. The Licensee agrees to <br />obtain this endorsement and this provision applies whether or not the City has <br />received a waiver of subrogation endorsement. <br />(ii) Workers' Compensation and Employers' Liability. Workers' <br />compensation policy is written in accordance with the laws of the State of <br />California. This policy shall include Employer's liability coverage with limits not <br />less than $1,000,000 per occurrence. The Licensee shall submit to the City, along <br />with the certificate of insurance, a Waiver of Subrogation endorsement in favor of <br />the City, its officers, agents, employees, and volunteers. <br />(iii) Damage to the Licensee Property. Licensee shall be responsible, at its <br />expense, for separately insuring Licensee's personal property. The Licensee <br />hereby waives any recovery of damages against the City (including their <br />employees, officers, directors, agents, or representatives) for loss or damage to <br />any personal property, including, but not limited to the Licensee's Improvements. <br />B. Notice of cancellation and Failure to Maintain Coverage. This insurance shall not <br />be canceled or coverage changed unless thirty (30) days' prior written notice shall have <br />been given to the City per the Notices provisions of this agreement. Notwithstanding <br />anything to the contrary in this License Agreement, this License Agreement shall <br />terminate immediately, without notice to Licensee, upon the lapse of any required <br />insurance coverage without prior written notice. <br />C. Other Requirements. All policies required hereunder shall not reduce or void the <br />coverage as to any insured, and shall afford coverage for all claims based on acts, <br />omissions, injury or damage which occurred or arose (or the onset of which occurred or <br />arose) in whole or in part during the policy period. Sudden and accidental pollution <br />coverage in the liability policies required hereunder shall be limited to losses resulting <br />from Licensee's use of the Licensed Area under this Agreement. <br />REV: 01-28-26 VR <br />ATTY/AGR.2026.021/Sakura 52 (2198 Broadway) (Page 6 of 30) <br />
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