2018/05/09 Council Agenda Packet

($2,000,000.00) aggregate if any food operations,manufacturing or design activities are involved. All policies and coverages must be on an occurrence made basis. Each party must be named as an additional insured on the commercial general liability policy of the other party. The additional insured endorsement will be included with the evidence of insurance in the form of a Certificate of Insurance for coverage necessary in Section b, above. Notwithstanding the foregoing,the City may,in lieu of the foregoing requirements in this Section 7.a, maintain its usual self-insurance program. Upon request from the YMCA from time to time,the City will provide written confirmation to the YMCA of the City's self-insurance program. As of the Effective Date of this Agreement, the City's self- insurance program contains a self-insured retention of$1.25 million, with excess layers totaling $30 million. b. Property Insurance. During the entire Access Tenu,the YMCA will maintain property insurance for the YMCA Facility in an amount not less than replacement value for the YMCA Facility. 9. Casualty. If during the Access Tem'.the YMCA experiences a casualty loss that significantly damages the YMCA Facility and/or the YMCA Pool to the extent that it cannot reasonably perform under this Agreement, the YMCA will diligently and in good faith make the repairs necessary and shall be excused from performing its obligations under this Agreement for a commercially reasonable time period to the limited extent necessary to complete such repairs. Upon completion of the repairs, the Access Tenn will be automatically extended for the time period that the performance was excused. 10. Disputes. In the event a dispute arises between the City and the YMCA over the interpretation of this Agreement or matters directly related to this Agreement, the parties shall utilize the dispute resolution procedure set forth below. A. Meeting. A party identifying an issue(s)in dispute, shall notify the otherr party in writing of the specific nature of the issue, together with any supporting documentation addressing the particular issue(s). Within ten(10)business days of receipt of the notification of the issue(s) from the other party, the receiving party shall contact the notifying party and schedule a meeting to discuss the issue(s)in dispute. The meeting shall be scheduled to have in attendance individuals from both parties knowledgeable on the issue(s) in dispute. Within ten (10) business days from the contact to schedule the 10 54