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<br />5. Licensee Parties. Licensee, together with its employees, subcontractors, agents,
<br />repr esentatives, and all persons entering the License Area , by or through or at the direction of Licensee, are
<br />collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee
<br />Parties and shall cause the Licensee Parties to comply with the terms of this Agreement.
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<br />6. Fee. As consideration for this Agreement, Licensee, at its sole cost, shall construct,
<br />maintain and repair a Fence that will provide a community benefit by beautifying the public right-of-way
<br />near the intersection of N. Broadway and Santa Clara Street directly adjacent to the Main Street/Broadway
<br />exit off the Interstate 5 south freeway. The aesthetic fencing will increase pedestrian safety by preventing
<br />unwanted pedestrian movements and guiding pedestrians to formal public right -of-way access points. The
<br />City finds that due to the community benefit, and no cost to the City, the Licensee shall pay a total license
<br />fee of $810 for its use of License Area.
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<br />7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition
<br />of the License Area or any other matter relating to Licensee’s use of the License Area. Licensee hereby
<br />disclaims and waives any and all objections to the physical and other characteristics and conditions of the
<br />License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of
<br />Licensee’s own investigation of the condition of the License Area. The license to use the License Area
<br />shall be granted on an “AS-IS,” “WITH ALL FAULTS” basis, without representation or warranty
<br />expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby
<br />acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use.
<br />Licensee’s use of the License Area shall be subject to the License Area being in a usable and safe condition
<br />at the time of Licensee’s use and Licensee shall be responsible for determining whether the License Area
<br />is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged
<br />or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no
<br />obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe.
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<br />8. Insurance. Licensee shall secure or cause its agents or contractors performing any entry
<br />onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or
<br />cause to be maintained during the term of this Agreement, insurance coverage as follows:
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<br />a. Commercial General Liability Insurance. Licensee and Licensee Parties shall maintain
<br />commercial general liability insurance which shall include, but not be limited to, protection against claims
<br />arising from bodily and personal injury, including death resulting therefrom and damage to property,
<br />resulting from any act or occurrence arising out of Licensee Parties use of the License Area , including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such
<br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s); (b) be primary and not contributory with respect to insurance or self -insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds provisions.
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<br />b. Licensee and Licensee Parties performing fence installation or maintenance activities, shall
<br />while performing those activities, maintain Worker’s Compensation Insurance as required by California
<br />law.
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<br />c. Licensee and Licensee Parties performing fence installation or maintenance activities, shall
<br />while performing those activities, maintain Comprehensive Automobile Liability Coverage,
<br />including as applicable owned, non-owned, and hired autos, in an amount of not less than
<br />$1,000,000 per occurrence, combined single limit, written in an occurrence form.
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