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Agmt13 Peninsula Yacht Club
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Agmt13 Peninsula Yacht Club
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Last modified
9/9/2013 2:29:07 PM
Creation date
9/4/2013 1:53:10 PM
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Template:
Agreement
Contractor Name
Peninsula Yacht Club
PROJECT NAME
Sublease Agreement for use of Docktown Marina property including the Peninsula Yacht Club site
RMP File Number
304.5
Date
8/29/2013
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4) With regard to the liability insurance policies required above, such insurance <br /> policies shall name CITY as an additional insured on endorsements ISO CO 20 10 10 01 <br /> and CO 20 37 10 01, or broader, with completed operations coverage. <br /> 5) All policies required hereunder shall provide for the following: (i) name as <br /> additional insureds the CITY and its officers, agents and employees; (ii) specify that <br /> such policies are primary insurance to any other insurance available to the additional <br /> insureds, with respect to any claims arising out of this License and that insurance <br /> applies separately to each insured against whom claim is made or suit is brought, except <br /> with respect to the insurer's limit of liability, and (iii) include a waiver of subrogation <br /> endorsement or provision wherein the insurer acknowledges acceptance of LICENSEE's <br /> waiver of claims against CITY. Such policies shall also provide for severability of <br /> interests and that an act or omission of one of the named insureds which would void or <br /> otherwise reduce coverage shall not reduce or void the coverage as to any insured, and <br /> shall afford coverage for all claims based on acts, omissions, injury or damage which <br /> occurred or arose (or the onset of which occurred or arose) in whole or in part during the <br /> policy period. Sudden and accidental pollution coverage in the liability policies required <br /> hereunder shall be limited to losses resulting from LICENSEE's activities (and <br /> LICENSEE's Agents and Invitees) under this License (excluding nonnegligent <br /> aggravation of existing conditions with respect to Hazardous Materials). <br /> 6) Prior to the Commencement Date of this License, LICENSEE shall deliver to <br /> CITY certificates of insurance and additional insured policy endorsements from insurers <br /> in a form satisfactory to CITY, evidencing the coverages required hereunder, together <br /> with complete copies of the policies at CITY's request. In the event LICENSEE shall fail <br /> to procure such insurance, or to deliver such policies or certificates, CITY may procure, <br /> at its option, the same for the account of LICENSEE, and the cost thereof shall be paid <br /> to CITY within five (5) days after delivery to LICENSEE of bills therefore. <br /> 7) Should any of the required insurance be provided under a form of coverage that <br /> includes a general annual aggregate limit or provides that claims investigation or legal <br /> defense costs be included in such general annual aggregate limit, such general <br /> aggregate limit shall double the occurrence or claims limits specified above. <br /> 8) Should any of the required insurance be provided under a claims made form, <br /> LICENSEE shall maintain such coverage continuously throughout the term of this <br /> License and, without lapse, for a period of three (3) years beyond the License expiration <br /> or termination, to the effect that should any occurrences during the License term give <br /> rise to claims made after expiration or termination of the License, such claims shall be <br /> covered by such claims-made policies. <br /> 9) LICENSEE's compliance with the provisions of this Section shall in no way <br /> relieve or decrease LICENSEE's indemnification obligations under this License or any of <br /> LICENSEE's other obligations hereunder. Notwithstanding anything to the contrary in <br /> this License, this License shall terminate immediately, without notice to LICENSEE, <br /> upon the lapse of any required insurance coverage. LICENSEE shall be responsible, at <br /> its expense, for separately insuring LICENSEE's personal property. <br /> 19. Entire Aareement: Severabilitv. This Agreement contains the sole and complete <br /> agreement between the parties relating to the Sublicense Area and the License. This <br /> Agreement may not be changed orally and may be amended only by an agreement in writing <br /> ATTY/AGR/2013.107DOCKTOWN YACHT CLUB SUBLICENSE AGREEMENT <br /> REV:08-21-13 VR <br /> Page 9 of 12 <br />
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