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8.1 Permitted Uses. Developer may enter upon such Improvements as are
<br />located within City rights-of-way, and may temporarily block reasonably necessary
<br />portions of the adjoining street surfaces, solely for the purpose of performing
<br />Maintenance Services, and incidental purposes thereto, such as operating
<br />equipment and storing materials during the period maintenance services are being
<br />performed (collectively, "Activities"). Developer will not use such areas for any
<br />other purpose.
<br />8.2 Insurance.
<br />a. General Liability. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office
<br />form CG 00 01, in an amount not less than Two Million Dollars
<br />($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general
<br />aggregate, for bodily injury, personal injury, and property damage,
<br />including without limitation, blanket contractual liability and coverage for
<br />explosion, collapse and underground property damage hazards.
<br />Developer's general liability policies shall be primary and non-
<br />contributory, and be endorsed using Insurance Services Office form CG
<br />20 10 to provide that City and its officers, officials, employees, and
<br />agents shall be additional insureds under such policies. For construction
<br />contracts, an endorsement providing completed operations to the
<br />additional insured, ISO form CG 20 37, is also required.
<br />b. Workers' Compensation. Developer shall maintain Workers'
<br />Compensation Insurance (Statutory Limits) and Employer's Liability
<br />Insurance with limits of at least One Million Dollars ($1,000,000).
<br />Developer shall submit to City, along with the certificate of insurance, a
<br />Waiver of Subrogation endorsement in favor of City, its officers, agents,
<br />employees, and volunteers.
<br />c. Auto Liabitity. Developer shall provide auto liability coverage for owned,
<br />non -owned, and hired autos using ISO Business Auto Coverage form
<br />CA 00 01, or the exact equivalent, with a limit of no less than One Million
<br />Dollars ($1,000,000) per accident. If Developer owns no vehicles, this
<br />requirement may be met through a non -owned auto endorsement to the
<br />CGL policy.
<br />d. Any deductibles or self-insured retentions must be declared to, and
<br />approved by City. At the option of City either Developer's insurer will
<br />reduce or eliminate the deductibles or self-insured retentions with
<br />respect to City, it's Council, commissions, boards, committees, officers,
<br />employees and agents or Developer will procure a bond guaranteeing
<br />payment of losses and related investigations, claim administration and
<br />defense expenses.
<br />REV: 11-05-2021 VR
<br />ATTY/AGR.2021.281/Westpoint Harbor, LLC (Page 5 of 12)
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