1990 AGN FEB 20 I10 - Laserfiche WebLink

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r CITY OF COLTON - W _ side Park PEPSI PLAYPARK AGREEMENT This Agreement is entered into as of the fifth day of December, 1989, between Pepsi- Cola Company, a division of. PepsiCo, Inc. ("Pepsi") and the municipality of Colton, located in the state of California (the "Town") regarding the construction and installation of a children's playground in the Town (the "Playground") with the support of Pepsi as hereinafter set forth. All of the rights and benefits inuring to Pepsi hereunder shall also inure to the licensed Pepsi-Cola bottler which services the territory in which the Town is located (the "Bottler.(s)"). A. CONSTRUCTION OF PLAYGROUND Designation of Area The Town shall, in consultation with Pepsi and its local Bottler, purchase or designate a parcel of land appropriate for construction and installation of the Playground and shall prepare the designated site for construction of the Playground. 2. Contracting with Builder; EquiRment Supplier The Town agrees to retain Iron Mountain Forge as builder and equipment supplier and such other parties as are necessary for purposes of causing the Playground to be designed, constructed, and otherwise installed. The Town represents and warrants to Pepsi that: (a) it will take all steps necessary to assure that the Playground will be designed, manufactured and installed in compliance with any and all applicable federal, state and local laws, rules, regulation and ordinaces; (b) its contracts with the builder and equipment supplier for the Playground will include the following provisions, as appropriate: (i) any equipment supplier shall provide proof that its equipment complies with the Consumer Product Safety Commission Guidelines for playground equipment, (ii) any equipment supplier shall provide a certificate of insurance evidencing product liability insurance, general liability insurance and completed operations insurance, which insurance shall in all cases be in an amount not less than $2,500,000 combined single limit covering bodily injury and (1)