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Encroachment permits shall be issued to the person or company who will make use of the permit. Encroachment permits
<br />shall be applied for by said person or company. All contractors and subcontractors who will be performing work in, on,
<br />under or over the surface of any right -of- way or City property shall be named and identified in the encroachment permit
<br />application. The rights granted by the permit shall not be assignable without the express prior written consent of the City's
<br />Community Development Department (Department).
<br />Permittee agrees to defend, indemnify, and hold City and its City Council, officers, officials, employees, agents and
<br />representatives (all of the foregoing collectively "Indemnitees") harmless from and against all actual and alleged liability,
<br />loss, cost, claims, demands, causes of action, suits, legal or administrative proceedings, penalty, deficiency, fine, damage
<br />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
<br />from or arising in connection with the failure on Permittee's part to perform work under this Permit; Claims resulting from or
<br />arising in connection with the use of the Project Site or the improvements located thereon by Permittee or Permittee's
<br />agents, employees, invitees, contractors or subcontractors; or Claims arising as a result of or in connection with any release
<br />of any hazardous material in, on, under or about the Project Site by Permittee, or Permittee's agents, employees, invitees,
<br />contractors, or subcontractors, or any other violation of any environmental law by Permittee or Permittee's agents,
<br />employees, invitees, contractors or subcontractors. Permittee's indemnification obligations under this Permit do not apply
<br />to any Claims caused solely by the gross negligence or willful misconduct of any of the Indemnitees. Permittee's preceding
<br />indemnification obligations shall survive the expiration or earlier termination of this Permit.
<br />Permittee shall file and maintain on file with the City evidence of self-insurance or a certificate of insurance demonstrating
<br />public liability and property damage insurance coverage of a type and in amounts determined sufficient by the City's Risk
<br />Manager. The insurance coverage shall insure the permittee and the City, its City Council, officers, agents, officials and
<br />employees, against any loss by reason of injuries to, or death of persons, or damages to property arising out of or related
<br />to any work performed by the permittee, its agents or employees performed under this permit, or arising out of the failure
<br />on the permittee's part to perform work under this permit, or arising from or caused by the structures or encroachments
<br />placed in, on, under or over the surface of any right-of-way or City property pursuant to this permit. Such insurance shall be
<br />primary and provide coverage for all liability assumed by the permittee for work performed under this permit and shall be
<br />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): C&44 Date: Dec. 11, 2025
<br />Permittee(s) Signature(s):
<br />Construction Satisfactorily Completed: City Inspector:
<br />ATTY/PERMITS/2024/2024.001/OUTDOOR ACTIVITIES CP PERMIT
<br />REV: 03-26-24 SK
<br />Page 2 of 2
<br />ATTY/AGR.2026.034/JJ & BC Enterprises, LLC (851 Main St) (Page 16 of 31)
<br />Date:
<br />Date:
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