HomeMy WebLinkAbout2011-002208JULIE RODEWALD aM
San Luis Obispo Counry—Clerk/Recorder in3/2o11
Necortled at ihe request of
Public
�oc�: 2011002208
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
City Clerk
City of Arroyo Grande
214 East Branch Street
Arrovo Grande. CA 93420
I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
FOR RECORDER'S USE ONLY
2:29 PM
Titles: 1 Pages: y 6
Fees o.00
Taxes 0.00
ome� o.00
PAID $0.00
ENCROACHMENT AGREEMENT
(NO RECORDING FEE -- EXEMPT)
This Encroachment Agreement ("AgreemenY') is entered into this 14` day of
December, 2010, by and between the City of Arroyo Grande, a California municipal
corporation ("City") and NKT Holdings, LLC, a California limited liability company
("NKT"). Throughout this Agreement, the City and NKT are referred to individually as
"Party" and collectively as "Parties."
RECITALS
1. WHEREAS, City owns, operates and maintains the Olohan Alley Parking
Lot ("Parking LoY') and rights of way located at Olohan Alley and Short Street, Arroyo
Grande, California ("Rights-of-Way") and described and depicted in Exhibit "A" attached
hereto and incorporated herein; and
2. WHEREAS, NKT is performing construction on certain real estate located
adjacent to the Olohan Alley Parking Lot and the Rights-of-Way; and
3. WHEREAS, NKT wishes to use portions of the Parking Lot and Rights-of-
Way depicted in Exhibit "B" attached hereto and incorporated herein (hereinafter
referred to as "the Property") for construction purposes and implementation of related
safety measures, including no parking zones and a pedestrian walkway, during the
period from October 2010 through May 2011; and
4. WHEREAS, NKT applied to City for a Temporary Use Permit ("TUP") to
use the Property for construction purposes and implementation of related safety
measures and said TUP application was approved by the Arroyo Grande City Council
on September 28, 2010, by Resolution 4311, subject to certain conditions of approval
("COA"); and
5. WHEREAS, COA No. 5 requires NKT to enter into an encroachment
agreement to address indemnification, insurance and construction issues, to the
satisfaction of the City Attorney; and
6. WHEREAS, City is willing to allow NKT use of the Property, subject to the
terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and obligations
contained herein, the Parties hereby agree as follows:
1. Permission to Encroach. City hereby grants to NKT the non-exclusive
right, privilege and permission to use the Property for construction purposes and
implementation of related safety measures, subject to the terms of this Agreement.
2. Encroachment Fee. In lieu of paying a daily encroachment fee for the
non-exclusive right, privilege and permission to use the Property, NKT, as partial
consideration, hereby agrees to waive any and all rent and leasing costs that were
incurred by City after August 31, 2010 in connection with the leasing and holding
over of the real property located at 300 E. Branch Street ("Farm Credit Building"),
arising out of the Lease Agreement between City and NKT dated March 19, 2009.
3. No Representation bv Citv. NKT has independently investigated the
Property and knows its condition; NKT acknowledges that the City makes no
representations with respect to the Property or its condition and that NKT is not relying
on any representation of the City or the City's agents with respect to the use or
condition of the Property. This Agreement grants NKT the privilege and permission to
use the Property in its present condition "as is" without warranties, either express or
implied.
4. Schedulinq. The Parties agree that the schedule attached hereto as
Exhibit "C" entitled Precise Schedule of Use and Closures ("Schedule") and incorporated
herein, is a best estimate of the anticipated use and closures of the Property. The
Parties acknowledge that it is not possible to foresee all circumstances and events that
include, the weather or any other acts out of the control of the Parties that affect
scheduling, and that changes in scheduling may occur in the use of the Property. All
changes to the Schedule must be approved in writing by the Arroyo Grande Community
Development Director.
5. Covenants of NKT. NKT hereby covenants and warrants to the City as
follows:
a. To comply with all applicable laws and ordinances, including the
City's land use, building and safety requirements.
b. To refrain from causing waste, damage or injury to the Property.
c. To comply with all Conditions of Approval and Mitigation Measures
contained in Arroyo Grande Council Resolution Numbers 4262, 4302, and 4311.
d. NKT shall not have any right to enlarge the present scope of this
Agreement, without the prior written consent of the City.
e. To use the Property exclusively for construction purposes and
implementation of related safety measures.
f. To return the Property to the condition it existed prior to the
commencement of the Agreement.
6. Provision of Temoorarv Public Restrooms. During the term of this
Agreement, NKT shall provide temporary public restroom facilities ("Temporary
Restroom Facilities") satisfactory to City and in the locations designated by City at its
sole cost and expense. NKT shall provide one female, one male and one ADA compliant
restroom. The restrooms shall be at least equivalent to MarBorg Industries VIP Double
Restroom Trailer or the Central Coast Industries Gold Restroom Dual Trailer and the
Marborg Industry ADA Wheelchair Accessible Restroom or the Central Coast Industries
ADA Unit, respectively. Additionally, NKT shall at its sole cost and expense, ensure, to
City's satisfaction, that the Temporary Restroom Facilities are kept in a safe, clean and
sanitary condition throughout the term of this Agreement.
7. Indemnification of the Citv. NKT agrees to indemnify, defend and hold
harmless, and further agrees that any of its contractors and/or agent that provide work,
or services in connection with NKT's obligations under the Agreement agree to
indemnify, defend and hold harmless, the City, the City Council and each member
thereof, and every officer, commissioner, agent and employee of the City, grantees and
assigns from and against all claims, actions, liabilities, damages, costs, expenses and
judgments, including attorneys' fees, which relate to, arise from, or are in any way
connected with NKT's use or accupancy cf the Property, or any portion thereof, on
account of any injury to persons or damage to property, excluding therefrom such injury
or damage caused by the proven sole negligent acts of the City. This provision shall
survive the expiration or termination of this Agreement
8. Insurance. NKT shall maintain and require each and every contractor
and/or agent that provides work, or services in connection with NKT's obligations
under this Agreement to maintain, prior to the commencement of and for the duration
of this Agreement insurance coverage as specified in Exhibit "D" attached hereto
and incorporated herein.
9. Term. The permission granted to NKT to use the Property under the
terms of this Agreement shall terminate on May 31, 2011 subject to the following:
a. City may, at City's election and sole discretion, terminate the
permission granted by this Agreement immediately without such notice at any time if (i)
NKT fails to comply with or abide by any provision of this Agreement or (ii) if NKT's
continued use of the Property presents a health or safety hazard.
10. Binding Effect. This Agreement shall, at all times, be binding upon the
City and NKT and their agents, successors and approved assigns.
11. Governinq Law and Venue. This Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
shall be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
12. Attornevs' Fees. In the event of legal action to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to recover their costs,
including reasonable attorney fees and costs.
13. Amendments. Amendments to this Agreement shall be in writing and shall
be made only with the mutual prior written approval of the parties to this Agreement.
14. Entire Aqreement. This Agreement constitutes the entire agreement and
understanding of the Parties hereto and contains all representations between the
Parties with respect to the subject matter hereof. Each Party has had the opportunity to
consult independent counsel of its own choosing. No Party in executing this Agreement
has relied upon any inducements, promises or representations made by any other Party
or any representative of any other Party except as set focth in this Agreement. This
Agreement can only be modified in writing signed by all Parties to this Agreement.
15. Assipnment. NKT shall not assign this Agreement without the prior written
consent of the City.
16. Representation on Authoritv of Parties/Siqnatories. Each of the Parties
represents and warrants that he is duly authorized and has legal capacity to
execute and deliver this Agreement. Each Party represents and warrants to the other
that the execution ansi delivery of the Rgreement an�� the performance of such ?arty's
obligations hereunder have been duly authorized and that the Agreement is a valid and
legal agreement binding on such Party and enforceable in accordance with its terms.
17. Counteraarts. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, and all of which shall constitute
one and the same agreement.
18. Waiver. No waiver by a Party of any provision of this Agreement shall be
considered a waiver of any other provision or any subsequent breach of the same of
any other provision.
SIGNATURES TO FOLLOW ON NIXT PAGE
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed on the day and year first written above.
CITY OF ARROYO GRANDE
.���
STE�V N�ADAMS, City Manager
;' .�,�. .�°ATTES�i':
� - t� Q A {°'';' /
:� �
; V � .. .,,.. � �
'.`�.
`�� [} K�L�I�,+ E 40RE, City Clerk
� ��'�•.,
� .......,, .
f s RR�FiOVED AS TO FORM:
NKT HOLDINGS, LLC
Tm�KinsTn,-s{-d�hF'E*. "/v/e7
(��S sa ie Memb-e�—
g —"��
— � ICY�To✓h�Kln�S
Its IY'vSa-Ee
TIM THY J. RMEL, City Attorney
.- -. . �
.. .
.�Si:s,.�'..�>_rC..s_��.�.,.r..,:.;,r;.�._c�._.�._c...�.,'.�s�..,:3>_�ss,.�.,. �9iw._w;_�.L_�.sfc�._'.�s,.
State of California
� �
County of � ,d'l.� LS �� c�
r
On before me, ���.� �.�'1�� �� �k-� F�S ; (]��,
Date ���_ 1. T r. Nere In rt Nam and Thle oi �he icer -' 1
✓
personally appeared
, � MICH[LE A TOPAPKINS
� ; COFdP.4. N1743651, a
5 m : a Np*Hpy aUBIIC - CALIFORNIA D
� E&3N LJ�S 365P0 COUNTV m
} q � '. o� h^y.".�-..;�.ixpir2sh1AY5,2011� D
�-v^�• '�'�v�
�
who proved to me on the basis of satisfactory evidence to
be the person�6) whose name�ar� subscribed to the
w instrument and acknowledged to me that
( ne�ja�tth�y executed the same in his/hedtheir authorized
�Capacity(i�, and that by{j�/Fj�dtheif signature{�J on the
instrument the person�, or the entity upon behalf of
which the personJ,B} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS r�ry hand and offici seal. �
v /� ��
Place Nota s�e� nno� Signature ,/��� .� �
/Y Signawre oiF�oWry PuUi
OPTIONAL
Though the information below is not required by law, it may prove valua6/e to persons re/ying on ihe document
and could prevent fraudu/ent removal and reattachment ol this form to another document.
Description of Attached Document
Title or Type of Document:
Date:
Signer(s) Oth�r Than Named Above:
Capacity(ies) Cl�ed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner — 0 Limited ❑ General
❑ Attorneyin Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is
Signer Is Representing:
RIGHTTHUh18PRINT
OF SIGNER
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner—O Limited ❑ General
orney in Fact
❑ Trust
❑ Guardian o nservator
❑ Other:
�200]NatlonalNOfaryASSOOatrom93Wpe5o�oAVe.,PO.BOx2402•Cha�swotlh,CA913132402•www.Natio�INOtary.org Item#590� ReorderCallTdl-Freel-B0p-816-682]
1/11/11 CF
EXHIBIT "A"
Legal Description
for
ENCROACHMENT AGREEMENT
Lots 13, 14, 15 and 16 in Block 6 of the Subdivision of Property of WN. Short, T.J.
Mason and W. Whiteley as said Lots and Block are shown upon the map filed for record in
Book A of Maps at Page 48, San Luis Obispo County Records, and that portion of Lot 82
of the Subdivision of parts of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal
as said Lot is shown upon the map filed for record in Book A of Maps at Page 63, San Luis
Obispo County Records lying northwesterly of the centerline of Arroyo Grande Creek;
EXCEPTING therefrom the portion thereof lying within the boundary lines of the city
street know as East Branch Street.
Also EXCEPTING therefrom the parcel of land described in the deed from City of Arroyo
Grande to the Shops at Short Street, LLC dated October 15, 2010 and recorded as
Document Number 2010-052571, San Luis Obispo County Records.
Also EXCEPTING therefrom the parcel of land described in the deed from City of Arroyo
Grande to Nicholas J. Tompkins dated October 15, 2010 and recorded as Document
Number 2010-052575, San Luis Obispo County Records.
Legal Description prepazed by or under the
Supervision of:
�
Cristi E. Fry
L.S. 8356
Page 1 of 2
\\Slovault\shareUOBSU 1.00554�I.egal Descriptions�ENCROACHMENT AGREEMENT.doc
EXHIBIT C
J.W. QESIGN S� C4NSTRUCTION, INC.
P.O. Box
November 18, 2010
To: Carol Florence
At: Oasis Associates
Re: Shops at Short Street Schedule
bvc<805)781-3970 • �cENSE
This is nn a99ressive schedule, which will require some degree of cooperation from the
weather. It will maintain two points of access to the back of the shops along Olohan Alley.
It is designed to minimize the durntion of the pro ject and thus the impact on the City of
Arroyo Grande.
Month 1
Start work Oct 25 with Haz Mat abatement of the Mnit Shop. Concurrent with that work
will be abandoning wnter, power, gas, sewer to the building. We will also be installing site
fencing, estnblishing pedestrian pathways per the plan, installing pedestrian protection,
erosion control, etc as necessnry for this first stage of construction. Physical demo of
building and asphalt parking lot will then start. This phase will take about one week.
After demo of the existing bldg and parking lot, abnndonment of any remnining utilities,
irrigation, lighting control wiring, etc impacting the new building area will be completed.
Construction of the new building pnd will follow including over excavating down to 4' below
the existing grndes and then re-compacting dirt under the new building and patio. This
work will encronch out into the north bound lane of Short St for a brief period, nllowing
south bound traffic only on Short St. Concurrent with pad construction will be the stnrt
of utility work, building any wnter, sewer, electrical, and storm drain structures possible.
Month 2
Construction of concrete foundations, retaining walls, under slab utilities, nnd slab on
grade will be under way on the building. We will be continuing underground utility work
both in the front of the new building and in Olohan Alley. Pedestrian walkways, truffic
control, erosion control, etc will remain in place, adjusted on n daily basis as necessnry.
Month 3
This month we will be working on getting the building concrete finished. Framing of the
structure will begin in December. Utility tie-ins from the building to the new and existing
utilities will tnke place.
.I.W. DESIGN �' CQNSTRUCTION, INC.
P.O. Box 1154 • Snrv
Month 4
• LICENSE
This month will be u mixture of framing, interior electricnl, plumbing, and mechanical work.
Also door frames, window frames, roofing, and exterior Inth will be instnlled. Olohan
Alley will be opened up with temporary asphnit patches over utility trenches for through
traffic. Demo of the existing nnd construction of the new Short St improvements will
begin in January. Utilities will be first, followed by prep of site curb, gutter and sidewalk
areas. Traffic control, pedestrian control, erosion control measures will be adjusted as
required due to changing site conditions.
ufRdiS7.'f.^.
After pinster is complete, we will start siding, brick veneers, pre-cust concrete, exterior
trellises, pre-cast concrete, etc. Work on Short St will continue with construction of
curbs, gutters, and sidewalks. Base und paving will follow, depending on the quantity of
rainfall.
Month 6
March and early April will see a continuation/completion of exterior finishes. Then
scaffolding comes down, grading and prep for new sidewalks around the building will begin,
followed by any site hardscape and Inndscope. Short Street work will complete with
striping, signnge, Inndscape, etc.
1'he gonl is to complete the shell work for the Shops at Short Street approx. 4/25/11, six
months after the start of work. Tenant improvement work which is currently not under
contract to JWD, nor part of this permit or schedule mny be taking place after 4/11/11
for several months.
Clem Bock,
Sr. Project Manager, J. W. Design & Construction, Inc.
Ph 805-544-3130,Fnx 805-544-0115
e-mail, cjb@ jwdci.com
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1(Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or ConsultanYs employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a"pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subContractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1,000,000 per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work pertormed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of' the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of A- or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subContractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or ConsultanYs employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subContractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to ConsultanYs general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subContractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subContractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subContractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subContractor, Architect, Engineer or other entity or
person in any way involved in the perFormance of work on the project contemplated by
this agreement to self-insure its obligations to City. If ConsultanYs existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
ConsultanYs insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
END OF DOCUMEIdT