Item 12 - Agreement with the Legacy Fund for Use of 10th Street

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City may remove such refuse, rubble, gravel, dirt or unused materials at Licensee's sole cost and expense, including the current call -out charge. h. Licensee shall provide plans for the project on City Standard Sheets and shall provide as - built plans when installation is complete. B. City Duties. a. In the event the Area Improvements are damaged or obstructed for any reason, the City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 5. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 6. Fee. As consideration for this Agreement, Licensee shall pay City an annual License Fee of $3,000 for the term of the License, or a pro -rated portion thereof, for any extension of the Agreement pursuant to Section 1. The continued use of the License Area by License will protect OCSA students from vehicular traffic, and the Area Improvements will have a positive impact on student learning and improve the quality of life for the community. 7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. S. Insurance. Licensee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Licensee, his agents, representatives, employees or subcontractors. MINEWUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.