20-17 Authorize Concession Lease with Cornucopia

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Lessee shall provide coverage with limits of liability not less than those stated below. General Liability $1,000,000 Combined Single Limit Per Occurrence Umbrella Liability $2,000,000 Product Liability $1,000,000 Combined Single Limit Per Occurrence Automobile Liability $1,000,000 Combined Single Limit Per Occurrence Workers' Compensation Statutory The policies, where permitted, shall be endorsed to include the following additional insured language: "The City of Lakewood, its departments, agencies, boards, commissions, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of Cornucopia, Inc." In addition, the City of Lakewood shall be given at least ten (10) days' notice of cancellation of such policies. Policies, where permitted, shall contain a waiver of subrogation against the City, its departments, agencies, boards, commissions, officials, agents, and employees for losses arising from services performed by or on behalf of lessee under this lease. 13. LOSS OR DAMAGE TO LEASED PREMISES. (A) Assessment of damage. In the event the leased premises are damaged through fire or other casualty, the lessee without delay shall contact claims adjusters, architects, contractors, damage repair specialists or other competent persons to make estimates of needed repairs, including estimates of the time such repairs will reasonably require to effect. (B) Damage repairable within ninety days. In the event repairs can reasonably be effected and the property restored to usable condition within ninety days from the date of the fire or other casualty, lessee shall proceed promptly to make such repairs. Provided the repairs are prosecuted with diligence, and any delay is not occasioned by lessee's fault, the duty to make rent payments shall be abated until the premises are restored to operating condition. (C) Damage not repairable within ninety days. In the event repairs cannot reasonably be effected and the property restored to usable condition within ninety days from the date of the fire or other casualty, lessee at its option may terminate the lease by giving written notice of termination, in which case all insurance proceeds covering the loss shall be paid to the City. 14. INDEMNIFICATION. Lessee agrees to indemnify and hold the City harmless from any liability for injuries or death to persons or loss or damage to property arising from any act or omission of lessee, or its agents or employees, with respect to its use or occupancy of the leased premises or operations at Lakewood Park. Lessee agrees to give the City prompt notice of any claim or suit which may result in a judgment against the City. Lessee is entitled to compromise, defend or participate in the defense of any such claim or suit to the extent of its interest.