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25A - AGMT - BRISTOL ALTON BIKE TRAIL
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25A - AGMT - BRISTOL ALTON BIKE TRAIL
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Last modified
3/4/2013 12:24:31 PM
Creation date
2/28/2013 4:09:01 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25A
Date
3/4/2013
Destruction Year
2018
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1. Use: Licensee will use the Property for parks and/or public recreation purposes only. <br />Licensor makes no representation, covenant, warranty or promise that the Property is fit for any <br />particular use, including the use for which this Agreement is made and Licensee is not relying on any <br />such representation, covenant, warranty or promise. Licensee's failure to utilize the Property in <br />accordance with this License as determined by the Licensor in its sole discretion will be grounds for <br />immediate termination of this Agreement in accordance with Article 29. <br />2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect <br />for a term of five (5) years commencing on the first day of May, 2013 and ending on the last day of <br />April, 2018. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent <br />agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the <br />improvements Licensee places on or makes to the Property, or for any other reason. <br />3. Consideration: Licensee will pay to Licensor the sum of Twelve Hundred Fifty and <br />00/ 100 Dollars ($1,250.00) upon the execution and delivery of this Agreement, for the full term of this <br />Agreement. <br />All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten <br />percent (10%) of the amount due. To the extent a payment is not made within sixty (60) days, Licensor <br />may increase the late fee to twenty percent (20%) of the amount due. Licensor shall further be entitled <br />to any other fees associated with collection of the unpaid amounts (including, but not limited to <br />attorney's fees and costs). <br />All payments subsequent to the initial payment will be paid to the Southern California Edison <br />Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting <br />Department - Accounts Receivable. <br />insurance: <br />4. Insurance: During the term of this Agreement, Licensee shall maintain the following <br />(a) Workers' Compensation with statutory limits, in accordance with the laws of the State <br />of California and Employer's Liability with limits of not less than $1,000,000 each <br />accident, disease/each employee, and disease/policy limit. Licensee shall require its <br />insurer to waive all rights of subrogation against Licensor, its officers, agents and <br />employees, except for any liability resulting from the willful or grossly negligent acts of <br />the Licensor. <br />(b) Commercial General Liabilitv insurance, including contractual liability and products <br />liability, with limits not less than $2,000,000 per occurrence. Such insurance shall: (i) <br />name Licensor, its officers, agents and employees as additional insureds, but only for <br />Licensee's acts or omissions; (ii) be primary for all purposes (iii) contain separation of <br />insureds or cross-liability clause, and (iv) require its insurer to waive all rights of <br />subrogation against Licensor, its officers, agents and employees, except for any liability <br />resulting from the willful or grossly negligent acts of the Licensor. <br />(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000. <br />Such insurance shall cover the use of owned, non-owned and hired vehicles on the <br />Property. <br />(d) Self-insurance: Licensee may self-insure all of the insurance requirements above if they <br />belong to an approved Secondary Use Category and the self-insurance is maintained <br />Initial ( ?Y 9 ) / ( ) <br />Licensor/ Licensee <br />-3- <br />11.20.2012_V9.1 <br />25A-6
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