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Lib Pop-up LibraryWAIVER OF NEGLIGENCE, COMPLETE RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT NORTHGATE MALL 5800 NORTHGATE MALL, SAN RAFAEL, CA 94903 Activi : The premises will be used for a pop up public library concent with books both bounded and e -books a children's corner, staff office, storage area and possibly a sales area for used book sales and for no other purpose Such activity is to be conducted only in the area identified on the Site Plan (attached hereto as Exhibit B) of the Center referenced above. Indemnified Parties: MGP XI NORTHGATE, LLC, Merlone Geier Management LLC together with their general partners, limited partners, directors, officers, members, agents, employees, contractors and representatives) Time of Activity: 7am-11pm Date of Activity: December 1 through 31, 2018 The undersigned (Permittee) intends to conduct the Activity listed above. Permittee understands that in conducting in the Activity it will be using private property and facilities where many hazards may exist, and is aware of and appreciates the risks that could result therefrom. Permittee is also aware that accidents may occur during the Activity, that it has knowledge of the dangers involved and that it agrees to accept all risks of injury or death. In consideration for being permitted by the Indemnified Parties to conduct the Activity, Permittee agrees to assume all risks and to release from all claims the Indemnified Parties who, through negligence, carelessness or any other cause, might be liable to Permittee and/or the Permittee Parties (defined below), and to hold the Indemnified Parties harmless from and indemnify them against any and all injury, loss, damage, liability (and any claims in respect of the foregoing), costs and expenses (including, without limitation, attorneys' fees, reasonable investigative and discovery costs) of whatever nature to any person or property caused or claimed to be caused by or resulting from any occurrence within the Center. By this document, Permittee intends to, and hereby does, for itself and the Permittee Parties, release (in advance), waive its rights and discharge all of the Indemnified Parties from all claims for damages for death, personal injury or property damage that Permittee (and its general partners, limited partners, directors, officers, members, agents, employees, contractors, representatives, relatives, heirs, assigns, legal representatives and invitees --herein the "Permittee Parties') may have, or which may from the date hereof accrue to Permittee and/or the Permittee Parties from the Activity, even though that liability may arise from the negligence or carelessness of the Indemnified Parties, from dangerous or defective property or equipment owned, maintained or controlled by them, or because of their possible liability without fault. Permittee (and any Permittee Party that participates in conducting the Activity) is physically capable of conducting the Activity. If Permittee or Permittee Party is aware of or under treatment for any physical disability or illness, such party's medical care provider knows about and has approved of such party's participation in the Activity. Permittee understands and agrees that this document is binding on all Permittee Parties. Permittee agrees to accept and abide by all instructions of the Indemnified Parties, including, without limitation, the following materials which Permittee has received and read: I THIS IS AN IMPORTANT LEGAL DOCUMENT. READ IT CAREFULLY BEFORE SIGNING. Permittee acknowledges having carefully read this document and fully understands its contents. Permittee is aware that this is a release of liability and a contract between Permittee and the Indemnified Parties and hereby executes this document of its own free will. A parental signature is required if the Permittee is less than 18 years of age. PERMITTEE: Citv Of San Rafael Indemnity Agreement 11/26/2018 City of San Rafael / Pop Up Public Library LI -S --gas Email Address: Henry.Bankhead(a)citvofsanrafael.or�* Emergency Contact/ Phone: 415-485-3436 Address: 1100 E Street San Rafael, CA 94901 Unit #731-149 Northgate Mall MGP EXHIBIT B SITE PLAN This exhibit is for reference only and is not a representation as to size, dimension, or location of any tenant in the shopping center. All buildings, improvements, their occupants and their uses as shown on this plan are subject to modification at the NIGP's discretion. i Las 6allinas Avenue \ . trtrttmrtTT�n�m 155 Indemnity Agreement 11/26/2018 City of San Rafael / Pop Up Public Library Exhibit B - Unit #731-149 Northgate Mall MGP Indemnity Agreement 11/26/2018 City of San Rafael / Pop Up Public Library Unit #731-149 Northgate Mall MGP MerloneGeier Partners INSURANCE Northgate Mall 5500 Northgate Mall, Suite 200 Tel: 415 / 479 / 5956 San Rafael, CA 94903 www MerloneGeier com Permittee must purchase and carry the necessary insurance coverage. Center management will make the determination whether special insurance protection is necessary. Permittee's insurance policy shall name as Additional Named Insureds: (1) the owner of the Center, (2) Merlone Geier Management, LLC, and (3) the Center and their respective officers, directors, partners, shareholders, agents and employees. Permittee shall provide the Center management with a valid Certificate of Insurance evidencing coverage at least two business days prior to Permittee's commencing any activity on Center property. Permittee agrees to provide and maintain in effect during the term hereof, with an insurer or insurers acceptable to MGP, employers' liability and/or workers' compensation insurance covering all its employees engaged in performing services hereunder and Commercial General liability insurance with policy limits of at least $1,000,000 per occurrence and $2,000,000 aggregate. Certificates of such insurance shall be delivered promptly to: Additional Insureds: MGP XI NORTHGATE LLC and Merlone Geier Management, LLC Certificate Holder: MGP XI NORTHGATE, LLC and Merlone Geier Management, LLC 425 California, 10th Floor San Francisco, CA 94104 Kbarnes@merlonegeier.com Re: 731 NORTHGATE MALL RAFq�` 1 A = /Ty WITH NNA CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Library Project Manager: Henry Bankhead Extension: 3436 Contractor Name: Northgate Mall — Merlon Geier Contractor's Contact: May Mar Contact's Email: mmar@merlonegeier.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE a. Email PINS Introductory Notice to Contractor n/a Check/Initial 1 Project Manager 8/26/2018 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. ❑ b. Confirm insurance requirements, create Job on n/a PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement ® N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval Click here io enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards 8 City Manager/ Mayor City Clerk 9 I P1 copies to Project Manager 1N 4,-3-809