Res 2011-158 - Laserfiche WebLink

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minimum limits of liability of not less than $500,000.00 per occurrence. All of this insurance will be written so that SSM and the City will be notified in writing at least 30 calendar days in advance in the event of cancellation, restrictive amendment or non - renewal. SSM will submit certificates of insurance to the City for approval prior to the commencement of work at a Garden Site. The insurance will be written with the City of San Marcos, Texas as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. 2.7. Rules, Regulations and Policies. SSM shall establish policies, rules, regulations and schedules governing, among other things, plans for development, the manner of allocation of space within and the operation, management and maintenance of the Garden Sites by SSM, and the standards for use by gardeners and other users of the Garden Sites. Such policies, rules, regulations and schedules shall be subject to the written approval of the City Manager of the City and SSM shall conduct no activities at a Garden Site until such City approval is obtained. 2.8. City Access to Garden Sites. The City, its authorized employees, agents and contractors shall be permitted to enter upon each Garden Site during regular business hours for purposes of inspecting the site to determine compliance with this Agreement. The City may also enter upon the Garden Site for other business purposes of the City, provided the City will exercise reasonable care under the circumstances to minimize its interference with the activities of SSM authorized under this Agreement. SSM will provide to the City copies of any keys and combinations to any locks used by SSM to limit access to the Garden Site. The City will not be liable to SSM for any expense, loss, or damage from the City's entry upon the Garden Sites. Article 3. Water 3.1. Water Service; Conservation Practices. The City will provide water connections and meters to each Garden Site. SSM shall be responsible for establishing an account for water service under its name for each Garden Site, and shall timely pay all bills for service. The City agrees to bill SSM for water at the then applicable residential rate. SSM shall be responsible for installing and maintaining any sprinkler or other irrigation systems at each Garden Site necessary to conduct its activities and shall be responsible for all costs associated therewith. The City will not be liable to SSM or to any individual gardener for any interruption in water service. SSM will, with assistance from the City staff, adopt and enforce gardening practices that conserve and prevent waste of water at all Garden Sites. Article 4. Indemnity 4.1. Indemnification. SSM agrees to defend, indemnify and hold harmless City, its officers, employees and agents, from and against all damages, claims, losses, demands, suits, judgments, and costs, including reasonable attorney's fees and expenses arising out of the use of the Garden Sites by SSM, its guests, invitees, members and agents or anyone for whose acts SSM may be liable. 4.2. Release and Hold Harmless. SSM agrees to secure a written liability waiver from each gardener releasing and holding harmless the City from liability in a form approved by SSM and the city manager of the City or his designee.