Title 4 — REVENUE, FINANCE AND BUSINESS TAXES
Chapter 4.84 — INSURANCE REQUIREMENTS FOR USE OR OCCUPANCY OF CITY-OWNED REAL
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
PROPERTY[40]
Editor's note— Ord. 30308, § 4, adopted Sept. 24, 2019, amended Ch. 4.84 in its entirety in effect repealing said chapter, §§ 4.84.010 - 4.84.030, and reenacting a new chapter, §§ 4.84.010 - 4.84.090, as set out herein. Former Ch. 4.84 pertained to Insurance Requirements for Certain Public Works Contracts and Use or Occupancy of City-Owned Real Property and derived from Ord. 20996.
4.84.010 - Purpose.¶
The purpose of this Chapter 4.84 is to set forth the insurance requirements that must be included in any Use Agreement, as that term is defined herein.
(Ord. 30308.)
4.84.020 - Definitions.¶
For purposes of this Chapter 4.84, the following words have the following meanings.
A.
"Risk Manager" means the person from the City responsible for reviewing, determining and establishing appropriate insurance coverage and requirements for City contracts.
B.
"Use Agreement" means any City license, permit, lease, concession or other agreement that allows a Person to occupy or use any real property of the City or any structures or improvements on such real property.
(Ord. 30308.)
4.84.030 - Insurance requirements.¶
The Risk Manager will determine and establish, consistent with this Chapter 4.84, the appropriate insurance requirements, including coverages and coverage amounts, for all Use Agreements.
(Ord. 30308.)
4.84.040 - Duration.¶
The Person executing a Use Agreement with the City must maintain the required insurance for the full term of the Use Agreement.
(Ord. 30308.)
4.84.050 - Cost.¶
The Person executing a Use Agreement with the City is solely responsible for all costs and expenses associated with obtaining the insurance required by this Chapter 4.84.
(Ord. 30308.)
4.84.060 - Proof of insurance.¶
A.
The Person executing a Use Agreement with the City must provide proof of insurance in the form of a complete and properly issued certificate of insurance, together with copies of all required endorsements.
B.
Proof of insurance must be submitted to, and approved by, the Risk Manager.
(Ord. 30308.)
4.84.070 - Time for providing proof of insurance.¶
No Person can occupy or use any real property of the City or any structures or improvements on such real property pursuant to a Use Agreement until the required proof of insurance has been submitted to, and approved by, the Risk Manager.
(Ord. 30308.)
4.84.080 - Contract requirement.¶
Appropriate provisions implementing the insurance requirements of this Chapter 4.84 will be placed in all Use Agreements.
(Ord. 30308.)
4.84.090 - Waiver.¶
Only the Council may waive the requirement of insurance for Use Agreements.
(Ord. 30308.)
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