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2010-051 RES APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD CO AND THE CITY
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2010-051 RES APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD CO AND THE CITY
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8/21/2012 12:13:52 PM
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5/8/2010 6:37:37 PM
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CITY CLERK
Doc Name
2010-051
Doc Type
Resolution
CITY CLERK - Date
4/26/2010
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D. Pollution Liabilitv insurance. If permitted use as defined in this Lease includes any generation, <br />handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability <br />insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability <br />Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability <br />coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. <br />If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of <br />pollution legal liability insurance maintained by the disposal site operator for losses arising from the <br />insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and <br />an annual aggregate of $2,000,000. <br />E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must <br />"follow form" and afford no less coverage than the primary policy. <br />Other Requirements <br />F. All policy(ies) required above must include Lessor as "Additional Insured" using ISO Additional <br />lnsured Endorsement CG 20 ll(or a substitute form providing equivalent coverage). The coverage <br />provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured <br />Endorsement CG 20 11, provide coverage for Lessor's negligence whether sole or partial, active or <br />passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. <br />G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery <br />of damages to the extent these damages are covered by the workers compensation and employers' liability <br />or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement. <br />H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate <br />of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that <br />may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises <br />are located. <br />1. Prior to execution of this Lease, Lessee shall furnish Lessor with a certificate(s) of insurance, <br />executed by a duly authorized representative of each insurer, showing compliance with the insurance <br />requirements in this Lease. <br />J. All insurance policies must be written by a reputable insurance company acceptable to Lessor or <br />with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business <br />in the state where the Premises are located. <br />K. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed <br />to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity <br />provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be <br />limited by the amount of the required insurance coverage. <br />
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