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TIC 2018-07-23 Item 2C - Ordinance - Small Cell Technology Franchise Agreement with Mobilitie LLC
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TIC 2018-07-23 Item 2C - Ordinance - Small Cell Technology Franchise Agreement with Mobilitie LLC
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1/14/2021 12:30:03 PM
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Council Committees
Committees Date (mm/dd/yy)
07/23/18
Committee Name
Transportation and Infrastructure 2017-2020
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Agenda Packet
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insurance; shall stipulate that no insurance affected by the City will be called on to <br />contribute to a loss covered thereunder. <br />1. Commercial General Liability insurance shall be at least as broad as <br />Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising <br />from premises, operations, independent contractors, products -completed operations, <br />stop gap liability, personal injury and advertising injury, and liability assumed under an <br />insured contract. The Franchisee's Commercial General Liability insurance shall provide <br />limits of $-5,000,000 each occurrence; $-10,000,000 aggregate._ There shall be no <br />exclusion for liability arising from explosion, collapse or underground property damage. <br />The Public EntityCityr shall be included as an additional insured under the Permittee's <br />Commercial General Liability insurance policy using ISO Additional Insured ®State or <br />Political Subdivisions =Permits CG 20 12 or a substitute endorsement providing at least <br />as broad coverage. <br />2. Automobile Liability insurance covering all• ned, non -owned, hired and <br />leased vehicles. Automobile Liability insurance sha e��a combined single limit for <br />bodily injury and property damage or $ of $3,000,0 .er acj nt. Coverage shall be at <br />least as broad as Insurance Services Office (ISO rm CA 00 t° <br />3. Further, franchisee shall maintain ut <br />ice? liability insurance (or Franchisee <br />shall self -insure the same) covering losses cau jj y pollution conditions that arise in <br />connection with this Franchise. Franchi ;�� olluti 1j lability insurance shall be written <br />in an amount of l <br />Liability insurance shallc0s <br />over bodily injury�o� njury y n� rte mage, cleanup gregate of costs, aOd dfenses <br />f <br />including costs and expenses*, ;y;d in investigation, defense, or settlement of <br />claims. <br />4. Insurance is to b d wi surers with a current A.M. Best rating of not <br />less than A minus: VII <br />, moo/ <br />5. Notwit tanding tr foregoing, Licensee may, in its sole discretion, self <br />insure any of the req %% d insur��ce under the same terms as required by this Agreement <br />as long as Franchisee o % a „ted parent maintains a net worth of at least T -w <br />Mi!!ior. nc!!arc 2nd r 1i '° 200,000,000) as evidenced in its annual certified financials. <br />In the event Franchisee elects to self -insure its obligation under this Agreement to include <br />the City as an additional insured, the following conditions apply: (4)- <br />a. the City shall promptly and no later than thirty (30) days after notice <br />thereof provide Franchisee with written notice of any claim, demand, lawsuit, or the like <br />for which it seeks coverage pursuant to this Sectionsection and provide Franchisee with <br />copies of any demands, notices, summonses, or legal papers received in connection with <br />such claim, demand, lawsuit, or the like; {i+} <br />b. the City shall not settle any such claim, demand, lawsuit, or the like <br />without the prior written consent of Franchisee; and <br />c. the City shall fully cooperate with Franchisee in the defense of the claim, <br />demand, lawsuit, or the like. <br />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.0 W. 6-28-18 <br />CK:bjs: LH <br />Page 14 of 24 <br />69 <br />
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