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AgdaPkt 2012-04-09
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AgdaPkt 2012-04-09
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Last modified
7/2/2012 2:45:24 PM
Creation date
4/10/2012 3:06:24 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council
Date
4/9/2012
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6.1.A. - Page 14 <br /> A. Commercial General Liabilitv Insurance. Commercial general liability <br /> insurance written on a form that provides coverage at least as broad as form ISO CG 00 <br /> 01 10 01 (12/04 Edition), covering the insured with a duty to defend against claims of <br /> bodily injury, personal injury and property damage arising out of COUNTY's activities <br /> (which shall include the Activities described in Section 4 above), assumed liabilities, or <br /> use of the License Area, including contractual liability coverage for the performance by <br /> COUNTY of the indemnity agreements set forth in this Agreement, and coverage for <br /> damage to the License Area (including all improvements in COUNTY's care, custody, or <br /> control), for limits of liability not less than: <br /> Bodily Injury, Personal Injury and $1,000,000 each occurrence and <br /> $2,000,000 annual aggregate <br /> Property Damage Liability $300,000 annual aggregate <br /> B. Automobile Liabilitv Insurance. Automobile liability insurance policy with a <br /> minimum limit of not less than $1,000,000 per accident. Coverage shall be applicable to <br /> all owned, hired or non-owned vehicles on the License Area. <br /> C. Workers' Compensation and Emplovers' Liabilitv. Workers' compensation policy <br /> written in accordance with the laws of the State of California. This policy shall include <br /> Employer's liability coverage with limits not less than $1,000,000 per occurrence. <br /> D. Damaqe to COUNTY Propertv. COUNTY hereby waives any recovery of <br /> damages against CITY (including its employees, officers, directors, agents, or <br /> representatives) for loss or damage to any structures, tenant improvements and <br /> betterments, fixtures, equipment, and any other personal property because COUNTY <br /> has elected not to cover such property with insurance. <br /> E. Other. <br /> 1) The minimum limits of policies of insurance required of COUNTY under this <br /> Agreement shall in no event limit the liability of COUNTY under this Agreement. Such <br /> insurance shall: (i) name CITY as an additional insured; (ii) be primary insurance as to <br /> all claims thereunder and provide that any insurance carried by CITY is excess and is <br /> non-contributing with any insurance requirement of COUNTY; (iii) provide that such <br /> insurance shall not be canceled or coverage changed unless thirty (30) days' prior <br /> written notice shall have been given to CITY; and (iv) contain a waiver of subrogation <br /> and cross-liability endorsement or severability of interest clause acceptable to CITY. <br /> COUNTY shall deliver the policy or policies or certificates thereof on or before the <br /> Commencement Date, and delivery of such policy or policies shall be a prerequisite to <br /> and condition of COUNTY's right to use the License Area pursuant to this Agreement. <br /> 2) For all liability policies required above, COUNTY shall cause CITY to be named <br /> as a Certificate Holder on Accord-25 Certificates of Insurance that contain language <br /> requiring 30 days written notice to CITY in the event of cancellation or material change in <br /> any scheduled policy. <br /> 3) For all property policies required above, COUNTY shall cause CITY to be named <br /> as a Certificate Holder on Accord 27 Certificates of Insurance that contain language <br /> ATTY/AGR/2012.008/COUNTY JAIL CEMEX SITE LICENSE AGREEMENT <br /> REV:02/01 /12 <br /> Page 11 of 16 <br />
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