RES 2026011 - Laserfiche WebLink

CITY OF PLEASANTON—LICENSE AGREEMENT Santos Ranch Road 5. INDEMNIFICATION.The Park District shall indemnify,hold harmless,and defend the City from and against any and all claims or injury to property,including but not limited to,the Road or any structures, foundations, or other improvements of the indemnifying party, and persons and property,arising from the indemnifying party,or its invitees'and agents'use of the Road or from any activity,work,or thing done,permitted or suffered in or about the Road by the Park District, its invitees,and agents,except that no Party shall be indemnified for its own negligence or willful misconduct or the negligence or willful misconduct of its contractors,agents,or employees. 6. INSURANCE.Park District shall maintain in full force and effect,at its own cost and expense, insurance coverage from insurers with an A.M.Best's rating of no less than A:VII. Park District shall have the obligation to furnish City,as additionally insured,the minimum coverages identified below,or such greater or broader coverage for City,if available in the Park District's policies: a. General Liability and Bodily Injury Insurance. A general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that the City, its officers, employees, and agents are named as additionally insureds under the policy as evidence by an additional insured endorsement satisfactory to the City Attorney. The Policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. b. Automobile Liability Insurance.Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence. For subsequent years of the Agreement,the minimum coverage required may increase only by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan (all items index; urban consumers) for the twelve-month period ending in May of each year as published by the Bureau of Labor Statistics,U.S.Department of Labor. 7. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be personally delivered or mailed to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of:(a)actual receipt by a party's Authorized Representative, or(b)actual receipt at the address designated below, or(c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. TO: City To: East Bay Regional Park District Attn:City Manager Attn:Land Acquisition Dept. PO Box 520 2950 Peralta Oaks Ct. Pleasanton,CA 94566 Oakland,CA 94605 8. SEVERABILITY. If any term of this Agreement(including any phrase,provision,covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term,and the remainder of this Agreement shall remain in full force and effect;provided,however,this paragraph shall not be applied to the extent that it would result in a frustration of the parties'intent under this Agreement. 3