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LEGACY FUND, THE
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LEGACY FUND, THE
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Last modified
7/26/2024 10:08:08 AM
Creation date
7/26/2024 10:07:49 AM
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Contracts
Company Name
LEGACY FUND, THE
Contract #
A-2023-155
Agency
Public Works
Council Approval Date
8/29/2023
Expiration Date
8/29/2033
Insurance Exp Date
7/1/2025
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City may remove such refuse,rubble,gravel,dirt or unused materials at Licensee's sole cost and expense, <br /> including the current call-out charge. <br /> h. Licensee shall provide plans for the project on City Standard Sheets and shall provide as- <br /> built plans when installation is complete. <br /> B. City Duties. <br /> a. In the event the Area Improvements are damaged or obstructed for any reason, the City <br /> shall have no obligation or duty to repair the damage or rectify the condition to make the License Area <br /> usable or safe. <br /> 5. Licensee Parties. Licensee, together with Its employees, subcontractors, agents, <br /> representatives,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. <br /> 6. Fee. As consideration for this Agreement,Licensee shall pay City an annual License Fee <br /> of$3,000 for the term of the License, or a pro-rated portion thereof,for any extension of the Agreement <br /> pursuant to Section 1. The continued use of the License Area by License will protect OCSA students from <br /> vehicular traffic,and the Area Improvements will have a positive impact on student learning and improve <br /> the quality of life for the community. <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. <br /> 8. Insurance. Licensee shall procure and maintain for the duration of the contract insurance <br /> against claims for injuries to persons or damages to property which may arise from or in connection with <br /> theperformance of the work hereunder and the results of that work by the Licensee, his agents, <br /> representatives,employees or subcontractors. <br /> MINIMUM SCOPE AND LIMIT OF INSURANCE <br /> Coverage shall be at least as broad as: <br /> • Commercial General Liability(CGL):Insurance Services Office Form CG 00 01 covering CGL on <br /> an"occurrence"basis,including property damage,bodily injury and personal&advertising injury with <br /> limits no less than$1,000,000 per occurrence. If a general aggregate limit applies, either the general <br /> aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04)or the general <br /> aggregate limit shall be twice the required occurrence limit. <br /> 3 <br />
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