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<br />5) Public Parking Lots. Lifetime acknowledges that the parking lot at the Centennial
<br />Park facility is open to the public and is not exclusive for persons using the
<br />Centennial Park facilities for bocce services provided by Lifetime.
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<br />6) Improvements to Centennial Park. If Lifetime proposes any capital or facility
<br />improvements at Centennial Park to improve bocce activities beyond the
<br />maintenance and repair set forth in Section 1.B., above, the City and Lifetime
<br />must reach mutual written agreement regarding the scope of the work, cost and
<br />responsibility for payment of such cost. City retains absolute discretion whether to
<br />proceed with any improvements proposed by Lifetime.
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<br />6. Indemnification. Lifetime shall hold harmless, defend, and indemnify the City, its
<br />officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits,
<br />losses, expenses or liability, including attorneys’ fees, arising from or the alleged acts or
<br />omissions of Lifetime, its contractors, or agents, or anything arising from this Agreement.
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<br />7. Insurance. During the term of this Agreement, Lifetime shall maintain in full force and
<br />effect, at its own cost and expense, insurance coverages with insurers licensed to provide insurance
<br />in California. Lifetime shall have the obligation to furnish City, as additional insured, the
<br />minimum coverages identified below, or such greater or broader coverage for City, if available in
<br />the Lifetime’s policies:
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<br /> A. General Liability and Bodily Injury Insurance. A commercial general liability insurance
<br />for at least $1,000,000 each occurrence and $5,000,000 aggregate and provide that the City, its
<br />officers, employees and agents are named additional insureds under the policy as evidenced by an
<br />additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing
<br />either on the Certificate of Insurance or attached rider thereof that this insurance will operate as
<br />primary insurance for work performed by Lifetime and its subcontractors, and that no other
<br />insurance effected by City or other named insured will be called on to cover a loss covered
<br />thereunder.
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<br /> B. Automobile Liability Insurance. Automobile liability insurance in an amount not less
<br />than $2,000,000 per person/per occurrence.
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<br />C. Workers' Compensation Insurance. Workers' Compensation Insurance for all of
<br />Lifetime’s employees, all in strict compliance with State laws, and to protect the City from any
<br />and all claims thereunder, including waiver of subrogation.
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<br />D. Sexual Abuse/Molestation. Insurance for all activities/services/work involving minors,
<br />including but not limited to recreation or athletic activities. Said insurance shall cover damages
<br />arising out of actual, perceived, or threatened physical abuse, mental injury, sexual molestation,
<br />negligent hiring, employment, supervision, training or investigation, reporting to proper
<br />authorities, and retention of any person for whom Lifetime is responsible, including, but not
<br />limited to Lifetime and Lifetime’s employees and volunteers. Coverage shall be written on an
<br />occurrence basis in an amount not less than $3 million per occurrence. Any annual aggregate limit
<br />shall not be less than $4 million. Coverage can be provided by a separate policy or as an
<br />endorsement to the commercial general liability policy with City named as an Additional
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