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11.1 General Liability. Developer shall maintain commercial general liability
<br />insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an
<br />amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars
<br />($4,000,000) general aggregate, for bodily injury, personal injury, and property damage,
<br />including without limitation, blanket contractual liability and coverage for explosion, collapse
<br />and underground property damage hazards. Developer's general liability policies shall be
<br />primary and non-contributory and be endorsed using Insurance Services Office form CG 20
<br />10 or equivalent to provide that City and its officers, officials, employees, and agents shall be
<br />additional insureds under such policies. For construction contracts, an endorsement providing
<br />completed operations to the additional insured, ISO form CG 20 37 or equivalent, is also
<br />required.
<br />11.2 Workers' Compensation. Developer shall maintain Workers' Compensation
<br />Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least One
<br />Million Dollars ($1,000,000). Developer shall submit to City, along with the certificate of
<br />insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
<br />employees, and volunteers.
<br />11.3 Auto Liability. Developer shall provide auto liability coverage for owned, non -
<br />owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact
<br />equivalent, with a limit of no less than One Million Dollars ($1,000,000) per accident. If
<br />Developer owns no vehicles, this requirement may be met through a non -owned auto
<br />endorsement to the CGL policy.
<br />11.4 Any deductibles or self-insured retentions must be declared to and approved by
<br />City. At the option of City either Developer's insurer will reduce or eliminate the deductibles to
<br />an amount not to exceed $100,000 or self-insured retentions with respect to City, it's Council,
<br />commissions, boards, committees, officers, employees and agents or Developer will procure a
<br />bond guaranteeing payment of losses and related investigations, claim administration and
<br />defense expenses.
<br />11.5 Concurrently with the execution of this Agreement, Developer shall furnish City
<br />with certificates and copies of information or declaration pages of the insurance required
<br />hereunder and, with respect to evidence of commercial general liability and automobile liability
<br />insurance coverage, original endorsements:
<br />(a) Developer shall provide 30 days written notice for cancellation or any
<br />reduction in coverage during the term of this Agreement;
<br />(b) Developer's insurance shall apply separately to each insured against
<br />whom claim is made or suit is brought, except with respect to the limits of the insurer's liability
<br />(cross liability endorsements);
<br />(c) Developer shall name City, its Council, commissions, boards,
<br />committees, officers, employees and agents as additional insureds; and
<br />REV: 4-12-2023 SK
<br />ATTY/AGR.2023.072/SI XX, LLC (Broadway Plaza STMMA) (Page 5 of 55)
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