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2006-20 Approving a Beach Management Plan (Sonesta Beach Resort)
RESOLUTION NO. 2006-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Florida, recreational activities are permitted within the Government Use District upon approval of a Beach Management Plan by the Village Council; and WHEREAS, the applicant, Sonesta Beach Resort, Key Biscayne, located at 350 Ocean Drive, Key Biscayne, Florida has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use District for approval by Village Council; and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard; and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Approval of Beach Management Plan. In accordance with Section 30-102 of the Village Code, the Village Council hereby authorizes and approves the Beach Management Plan, attached and incorporated herein. Section 3. Conditions. The Beach Management Plan as approved, is subject to the following conditions: (1) During storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet. (2) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline. The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol. (3) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval. Section 4. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution. Section 5. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 23rd day of May, 2006. 4,12ciA4 4 L___: MAYOR ROBERT OLDAKOWSKI 2 CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY F:\100\103001\Resolutions\Resolution Approving Beach Management Plan - Ritz.doc VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski, Mayor Robert L. Vernon, Vice Mayor Enrique Garcia Steve Liedman Jorge E. Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R. Menendez DATE: Ma 16, 2006 TO: o ►, . rable ' ► Members of the Village Council FROM: = Fn - R. dez, Village Manager RE: Beach Management Plan -- The Sonesta Beach Resort, Key Biscayne RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan, submitted by The Sonesta Beach Resort, with the following condition: 1. Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code, subsection (g)(6), none of the permitted activities, including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline. This applies to the placement of chairs and umbrellas as well. • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach. BACKGROUND Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code, for the purpose of protecting the public beach areas and the public's right of access to the public beach areas within the jurisdictional limits of the Village. The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning. The first reading was passed and adopted on April 26th, 2005 and the second reading was passed and adopted on May 24th, 2005. cc: David M. Wolpin, Esq., Village Attorney 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" www.keybiscayne.fl.gov Department of Public Works 88 West McIntyre St., Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365-8945 • Fax (305) 365-7757 BEACH MANAGEMENT PLAN - PERMIT APPLICATION Permit Number BMP-03 Name of Property Street Address of Property Legal Description: Lot(s) Scone .5#p Z 'Ac -H- Z.SoRT 3--40 04-eAt. - 'R:vC- Name of Applicant $ INes`f4 Zero-e_A-4 Wes ofd Address ASO Ct.EAa il... Phone No. ,3 s- 361—.4-04.1 Name of Property Owner (if Different from Applicant) Address Phone No. Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for All Terrain Vehicle SR Aftek 1\4t, Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels' All applications must be accompanied by: • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327.02, F.S., maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code. COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance ' h Se tion 30-102(f) of the Village Code of Ordinances, S o Nme s- 2Q \ es the "Applicant") hereby covenants and agrees as follows: 1. Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant"). This Covenant shall survive the termination or expiration of the Beach Management Plan approval. 2. Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following: A. Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000.00 for bodily injury or death of any one person and $2,000,000.00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000.00 for damage to property resulting from any one incident. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant. The Village shall be named as an additional insured on this policy. B. Automobile liability in the amount of $1,000,000.00 per occurrence combined single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan. The Village shall be named as an additional insured on this policy. C. Workers compensation and employer's liability, as required by Florida Statutes. 3. Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant. 4. Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the trial and appellate level. 5. Applicant represents that Applicant has the full right, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect. IN WITNESS WHEREOF, the Applic t has executed this Covenant of Indemnification & Insurance on the p.4 day of S''1 a. -c. , 2006. APPLICANT: WITNESS: By: By: slc41,41,- VAIr.c. v• . ko\ICA).4t. By: Title: 1<csti t..k ii\aro. Q„r- 64 , c&_ VILLAGE CLERK Accepted by the Village of Key Biscayne, Florida this day of , 2006. L AGE MANAGER ATTEST: HITA ALV, 6P APPROVED AS TO FORM AND LEGAL S FI ► IENCY: VILLAGE ' TTO F \I 03001\Agreements\Covenant of Indemnification doc SONESTA BEACH PLAN OUTLINE OF PLAN: • Each stack of chairs will below the top of the sand dunes. Each stack will consist of ten chairs, which is approximately six feet tall. There are thirty-two stacks in total. • The design of the beach plan is intended to keep the footprint of the chairs low and minimize the visual impact on the natural surroundings. • All of the cabanas (7) will be left in the lowered position unless a guest is using them. They have been mounted in the ground to a depth of three feet up along the base of the sand dunes. Again, this will maintain the natural appearance of the beach. • All of the umbrellas will be stored in one of the three storage boxes along the beach. • There are trashcans placed along each path between the hotel and the beach to help reduce trash on the beach. • There are two structures adjoining to our building on the west side of the dunes. These structures are used to provide snacks and alcoholic beverages. Hours of operations: Snackerrie: Monday — Friday 11:30 a.m. to 4:30 p.m. Saturday and Sunday 11:30 a.m. to 5:00 p.m. Seagrape Bar: Monday — Sunday 11:00 a.m. — 6:00 p.m. LEGEND • CABANAS • UMBRELLA BOXES • STACKS OF CHAIRS " " , , , , , , . . . . . , i , al a I a pm 1 i COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance ' h Se tion 30-102(f) of the Village Code of Ordinances, .S 0 %me. . -�� 2e e s the "Applicant") hereby covenants and agrees as follows: 1. Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant"). This Covenant shall survive the termination or expiration of the Beach Management Plan approval. 2. Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following: A. Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000.00 for bodily injury or death of any one person and $2,000,000.00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000.00 for damage to property resulting from any one incident. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant. The Village shall be named as an additional insured on this policy. B. Automobile liability in the amount of $1,000,000.00 per occurrence combined single limit for bodily injury and property damage, covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan. The Village shall be named as an additional insured on this policy. C. Workers compensation and employer's liability, as required by Florida Statutes. 3. Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant. 4. Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the trial and appellate level. 5. Applicant represents that Applicant has the full right, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect. IN WITNESS WHEREOF, the Applic t has executed this Covenant of Indemnification & Insurance on the ,�. 4 day of riA at.r-G , 2006. APPLICANT: WITNESS: By: By: s',4141, VAlr.e.r. . \ \‘:.-7\)tzt By: Title: ycS,,,,k N. ,,c.......%.2"r Accepted by the Village of Key Biscayne, Florida this day of 2006. VILLAGE MANAGER Al PEST: CONCHITA ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY F:\ 103 001\Agreements\Covenant of Indemnification.doc Acoim. CERTIFICATE OF LIABILIT Y INSURANCE OP ID JR SONES-1 DATE (MM/DD/YYYY) 03/13/06 PRODUCER HUB International New England 299 Ballardvale St WI' 'ngton MA 01887 P1 :978-657-5100 Fax:978-658-9185 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Sonesta International Hotels Corporation Sonesta Hotels of Florida, Inc 350 Ocean Drive Key Biscayne FL 33149 INSURER A Liberty Surplus Ins.Co INSURER B American Int'l Specialty INSURER C. Twin City Fire Ins. Company INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EGL-BO-18 4 0 8 8 - 015 10/01/05 10/01/06 EACH OCCURRENCE $1,000,000 X UAMPRE (MISES AGtIU EaKtoccurNItUence) $50,000 I CLAIMS MADE l X OCCUR MED EXP (Any cne person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 POLICY PECOT- X LOC C X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp Ded $500 08MCZ500611K1 10/01/05 10/01/06 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ X Coll Ded $1,000 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ B X EXCESS/UMBRELLA LIABILITY 9745607 10/01/05 10/01/06 EACH OCCURRENCE $5,000,000 X OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $ 10,000 $ $ X $ WORKERS COMPENSATION AND TORY EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED If yes, describe under SPECIAL PROVISIONS below OTH- S I AT LIMITSS R EER E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate Holder is an Additional Insured per form CGL 10000103. '✓ Contractual Liability is included as per form ES207R71003. CERTIFICATE HOLDER CANCELLATION VILLA -3 Village of Key Biscayne 88 W. McIntyre Street Key Biscayne FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH RE ENIV5„C�A ACORD 25 (2001/08) ©ACORD CORPORATION 1988 �� v ' i 1 1 1 , M e m b e r o f L i b e r t y M u t u a l G r o u p L i b e r t y S u r p l u s I n s u r a n c e C o r p o r a t i o n L S I C o r p o r a t i o n E N D O R S E M E N T N O . 1 T H I S E N D O R S E M E N T C H A N G E S T H E P O L I C Y . P L E A S E R E A D I T C A R E F U L L Y . E n d o r s e m e n t E f f e c t i v e D a t e : 1 0 / 0 1 / 0 5 P o l i c y N o : E G L - B O - 1 8 4 0 8 8 - 0 1 5 I n s u r e d : S o n e s t a I n t e r n a t i o n a l H o t e l s C o r p o r a t i o n A D D I T I O N A L I N S U R E D B Y W R I T T E N C O N T R A C T W H O I S A N I N S U R E D ( S e c t i o n I I ) i s a m e n d e d t o i n c l u d e a s a n i n s u r e d a n y p e r s o n o r o r g a n i z a t i o n w i t h w h o m y o u h a v e a g r e e d t o a d d a s a n a d d i t i o n a l i n s u r e d b y w r i t t e n c o n t r a c t b u t o n l y w i t h r e s p e c t t o l i a b i l i t y a r i s i n g o u t o f y o u r o p e r a t i o n s o r p r e m i s e s o w n e d b y o r r e n t e d t o y o u . C G L 1 0 0 0 0 1 0 3 " " 2 . E x c l u s i o n s T h i s i n s u r a n c e d o e s n o t a p p l y t o : a . E x p e c t e d o r I n t e n d e d I n j u r y " B o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " e x p e c t e d o r i n t e n d e d f r o m t h e s t a n d p o i n t o f t h e i n s u r e d . T h i s e x c l u s i o n d o e s n o t a p p l y t o " b o d i l y i n j u r y " r e s u l t i n g f r o m t h e u s e o f r e a s o n a b l e f o r c e t o p r o t e c t p e r s o n s o r p r o p e r t y . b . C o n t r a c t u a l L i a b i l i t y " B o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " f o r w h i c h t h e i n s u r e d i s o b l i g a t e d t o p a y d a m a g e s b y r e a s o n o f t h e a s s u m p t i o n o f l i a b i l i t y i n a c o n t r a c t o r a g r e e m e n t . T h i s e x c l u s i o n d o e s n o t a p p l y t o l i a b i l i t y f o r d a m a g e s : ( 1 ) T h a t t h e i n s u r e d w o u l d h a v e i n t h e a b s e n c e o f t h e c o n t r a c t o r a g r e e m e n t ; o r ( 2 ) A s s u m e d i n a c o n t r a c t o r a g r e e m e n t t h a t i s a n " i n s u r e d c o n t r a c t " , p r o v i d e d t h e " b o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " o c c u r s s u b s e q u e n t t o t h e e x e c u t i o n o f t h e c o n t r a c t o r a g r e e m e n t . S o l e l y f o r t h e p u r p o s e s o f l i a b i l i t y a s s u m e d i n a n " i n s u r e d c o n t r a c t " , r e a s o n a b l e a t t o r n e y f e e s a n d n e c e s s a r y l i t i g a t i o n e x p e n s e s i n c u r r e d b y o r f o r a p a r t y o t h e r t h a n a n i n s u r e d a r e d e e m e d t o b e d a m a g e s b e c a u s e o f " b o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " , p r o v i d e d : ( a ) L i a b i l i t y t o s u c h p a r t y f o r , o r f o r t h e c o s t o f , t h a t p a r t y ' s d e f e n s e h a s a l s o b e e n a s s u m e d i n t h e s a m e " i n s u r e d c o n t r a c t " ; a n d ( b ) S u c h a t t o r n e y f e e s a n d l i t i g a t i o n e x p e n s e s a r e f o r d e f e n s e o f t h a t p a r t y a g a i n s t a c i v i l o r a l t e r n a t i v e d i s p u t e r e s o l u t i o n p r o c e e d i n g i n w h i c h d a m a g e s t o w h i c h t h i s i n s u r a n c e a p p l i e s a r e a l l e g e d . c . L i q u o r L i a b i l i t y " B o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " f o r w h i c h a n y i n s u r e d m a y b e h e l d l i a b l e b y r e a s o n o f : ( 1 ) C a u s i n g o r c o n t r i b u t i n g t o t h e i n t o x i c a t i o n o f a n y p e r s o n ; ( 2 ) T h e f u r n i s h i n g o f a l c o h o l i c b e v e r a g e s t o a p e r s o n u n d e r t h e l e g a l d r i n k i n g a g e o r u n d e r t h e i n f l u e n c e o f a l c o h o l ; o r ( 3 ) A n y s t a t u t e , o r d i n a n c e o r r e g u l a t i o n r e l a t i n g t o t h e s a l e , g i f t , d i s t r i b u t i o n o r u s e o f a l c o h o l i c b e v e r a g e s . T h i s e x c l u s i o n a p p l i e s o n l y i f y o u a r e i n t h e b u s i n e s s o f m a n u f a c t u r i n g , d i s t r i b u t i n g , s e l l i n g , s e r v i n g o r f u r n i s h i n g a l c o h o l i c b e v e r a g e s . d . W o r k e r s ' C o m p e n s a t i o n a n d S i m i l a r L a w s A n y o b l i g a t i o n o f t h e i n s u r e d u n d e r a w o r k e r s c o m p e n s a t i o n , d i s a b i l i t y b e n e f i t s o r u n e m p l o y m e n t c o m p e n s a t i o n l a w o r a n y s i m i l a r l a w . e . E m p l o y e r ' s L i a b i l i t y " B o d i l y i n j u r y " t o : ( 1 ) A n " e m p l o y e e " o f t h e i n s u r e d a r i s i n g o u t o f a n d i n t h e c o u r s e o f . ( a ) E m p l o y m e n t b y t h e i n s u r e d ; o r ( c ) P e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f t h e i n s u r e d ' s b u s i n e s s ; o r E S 2 0 7 R 7 1 0 0 3 P a g e 2 o f 2 1 (2) The insured's responsibility to pay damages is determined in a "suit" on the merits; in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker." 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement, if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement, f. That part of any other contract or agreement pertaining to your business {including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. _ Paragraph f. does not include that part of any contract or agreement (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or ES 207 R7 10 03 Page 17 of 21 (b) " " ( 3 ) U n d e r w h i c h t h e i n s u r e d , i f a n a r c h i t e c t , e n g i n e e r o r s u r v e y o r , a s s u m e s l i a b i l i t y f o r a n i n j u r y o r d a m a g e a r i s i n g o u t o f t h e i n s u r e d ' s r e n d e r i n g o r f a i l u r e t o r e n d e r p r o f e s s i o n a l s e r v i c e s , i n c l u d i n g t h o s e l i s t e d i n ( 2 ) a b o v e a n d s u p e r v i s o r y , i n s p e c t i o n , a r c h i t e c t u r a l o r e n g i n e e r i n g a c t i v i t i e s . 1 0 . " L e a s e d w o r k e r " m e a n s a p e r s o n l e a s e d t o y o u b y a l a b o r l e a s i n g f i r m u n d e r a n a g r e e m e n t b e t w e e n y o u a n d t h e l a b o r l e a s i n g f i r m , t o p e r f o r m d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s . " L e a s e d w o r k e r " d o e s n o t i n c l u d e a " t e m p o r a r y w o r k e r . " 1 1 . " L o a d i n g o r u n l o a d i n g " m e a n s t h e h a n d l i n g o f p r o p e r t y : a . A f t e r i t i s m o v e d f r o m t h e p l a c e w h e r e i t i s a c c e p t e d f o r m o v e m e n t i n t o o r o n t o a n a i r c r a f t , w a t e r c r a f t o r " a u t o " ; b . W h i l e i t i s i n o r o n a n a i r c r a f t , w a t e r c r a f t o r " a u t o " ; o r c . W h i l e i t i s b e i n g m o v e d f r o m a n a i r c r a f t , w a t e r c r a f t o r " a u t o " t o t h e p l a c e w h e r e i t i s f i n a l l y d e l i v e r e d ; b u t " l o a d i n g o r u n l o a d i n g " d o e s n o t i n c l u d e t h e m o v e m e n t o f p r o p e r t y b y m e a n s o f a m e c h a n i c a l d e v i c e , o t h e r t h a n a h a n d t r u c k , t h a t i s n o t a t t a c h e d t o t h e a i r c r a f t , w a t e r c r a f t o r " a u t o . " 1 2 . " M o b i l e e q u i p m e n t " m e a n s a n y o f t h e f o l l o w i n g t y p e s o f l a n d v e h i c l e s , i n c l u d i n g a n y a t t a c h e d m a c h i n e r y o r e q u i p m e n t : a . B u l l d o z e r s , f a r m m a c h i n e r y , f o r k l i f t s a n d o t h e r v e h i c l e s d e s i g n e d f o r u s e p r i n c i p a l l y o f f p u b l i c r o a d s ; b . V e h i c l e s m a i n t a i n e d f o r u s e s o l e l y o n o r n e x t t o p r e m i s e s y o u o w n o r r e n t ; c . V e h i c l e s t h a t t r a v e l o n c r a w l e r t r e a d s ; d . V e h i c l e s , w h e t h e r s e l f - p r o p e l l e d o r n o t , m a i n t a i n e d p r i m a r i l y t o p r o v i d e m o b i l i t y t o p e r m a n e n t l y m o u n t e d : ( 1 ) P o w e r c r a n e s , s h o v e l s , l o a d e r s , d i g g e r s o r d r i l l s ; o r ( 2 ) R o a d c o n s t r u c t i o n o r r e s u r f a c i n g e q u i p m e n t s u c h a s g r a d e r s , s c r a p e r s o r r o l l e r s ; e . V e h i c l e s n o t d e s c r i b e d i n a . , b . , c . o r d . a b o v e t h a t a r e n o t s e l f - p r o p e l l e d a n d a r e m a i n t a i n e d p r i m a r i l y t o p r o v i d e m o b i l i t y t o p e r m a n e n t l y a t t a c h e d e q u i p m e n t o f t h e f o l l o w i n g t y p e s : ( 1 ) A i r c o m p r e s s o r s , p u m p s a n d g e n e r a t o r s , i n c l u d i n g s p r a y i n g , w e l d i n g , b u i l d i n g c l e a n i n g , g e o p h y s i c a l e x p l o r a t i o n , l i g h t i n g a n d w e l l s e r v i c i n g e q u i p m e n t ; o r ( 2 ) C h e r r y p i c k e r s a n d s i m i l a r d e v i c e s u s e d t o r a i s e o r l o w e r w o r k e r s ; f . V e h i c l e s n o t d e s c r i b e d i n a . , b . , c . o r d . a b o v e m a i n t a i n e d p r i m a r i l y f o r p u r p o s e s o t h e r t h a n t h e t r a n s p o r t a t i o n o f p e r s o n s o r c a r g o . H o w e v e r , s e l f - p r o p e l l e d v e h i c l e s w i t h t h e f o l l o w i n g t y p e s o f p e r m a n e n t l y a t t a c h e d e q u i p m e n t a r e n o t " m o b i l e e q u i p m e n t " b u t w i l l b e c o n s i d e r e d " a u t o s " : ( 1 ) E q u i p m e n t d e s i g n e d p r i m a r i l y f o r : ( a ) S n o w r e m o v a l ; ( b ) R o a d m a i n t e n a n c e , b u t n o t c o n s t r u c t i o n o r r e s u r f a c i n g ; o r ( c ) S t r e e t c l e a n i n g ; E S 2 0 7 8 7 1 0 0 3 P a g e 1 8 o f 2 1 HURRICANE PLAN: Remove and secure all loose objects i.e. lounge chairs, umbrellas, hammocks, etc. These objects will be placed in the underground garage.