Res 2024-245 approving a five-year Ground Lease Agreement with Ted Breihan Electric Co, LLC to lease the city-owned property located at 118 South Edward Gary Street

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Exhibit"B" Insurance Addendum Tenant shall,at its sole cost and expense,procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate firnit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned,hired, and non-owned autos). C. Pollution Liability Insurance. If the permitted use under this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials, pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Forin Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of$10,000,000. If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials,with coverage in minimum amounts of$1,000,000 per loss,and an annual aggregate of$2,000,000. D. Umbrella or Excess Insurance. If Tenant utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. E. All policy(ies)required above must include Landlord as an"Additional Insured"using ISO Additional Insured Endorsement CO 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Landlord as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Landlord's negligence whether sole or partial,active or passive,and shall not be limited by Tenant's liability under the indemnity provisions of this Lease. F. Tenant waives all rights against Landlord and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers'liability or commercial umbrella or excess liability insurance obtained by Tenant required by this agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by the state of Texas.