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2005/09/28 Council Agenda Packet
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2005/09/28 Council Agenda Packet
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Council Agenda Packet
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9/28/2005
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spreading, but this time shall be extended to the extent that weather prevents spreading <br />the Fill Material. <br />E. KLB shall maintain entrance roads onto City Property and sweep adjacent streets <br />as needed or reasonably directed by the City. <br />F. KLB shall not allow rain water to pond on City Property that is accessible to <br />KLB. <br />G. The City may place up to ten thousand (10,000) cubic yards of material on the <br />Receiving Sites. The City will coordinate such placement with KLB prior to placing <br />such material. <br />H. City will obtain all necessary permits <br />I. KLB shall defend, indemnify and hold the City harmless from any all claims, <br />legal actions, and damages of any kind sought by third parties caused by, related to, or <br />arise out of, KLB's use of City Property. During the term of this License, including any <br />hold over period, KLB shall maintain a commercial general liability policy of at least <br />$1,000,000 per occurrence/$2,000,000 aggregate coverage with an insurer qualified to do <br />business in Washington with a Best rating of A- VII or better. The City shall either be <br />endorsed as an additional insured on such policy or shall be considered an additional <br />insured under a blanket additional insured clause of the policy. <br />J. KLB shall be jointly and severally responsible to the City for any damage to <br />property owned by the City caused by, or arising out of, KLB's use of City Property. <br />K. KLB shall not use City Property for any purpose other than the purpose described <br />in section II(A). <br />L. KLB shall not import any material onto City Property except Fill Material, and <br />shall not import, or allow to be imported, any hazardous or dangerous waste or material. <br />M. On behalf of itself and anyone claiming by or through KLB, KLB releases the <br />City from any and all claims for personal injury or property damage arising out of its use <br />of, or caused by, City Property. KLB accepts all risks related to its use of City Property <br />pursuant to this KLB. KLB acknowledges and agrees that City owes KLB no duty other <br />than to allow it to use City Property as provided by this License. <br />N. City may terminate this License with reasonable cause. Cause for termination <br />includes, but is not limited to, falsity of any representation or warranty or if KLB does <br />not comply with the terms of this License. If the City terminates this License, the City <br />will send a notice of termination to KLB by US Mail. Termination shall be effective one <br />calendar day after City sends such notice. <br />O. KLB shall comply with all federal, state and local laws and regulations that apply <br />to City Property and to KLB's use of City Property pursuant to this License. <br />License For Use Of City Property <br />KLB Construction, Inc. <br />Page 3 of 6 <br />
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