HomeMy Public PortalAbout2006 The Sonesta Beach ResortRESOLUTION 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, Flonda, recreational
activities are permitted within the Government Use Distnct upon approval of a Beach Management
Plan by the Village Council, and
WHEREAS, the applicant, Sonesta Beach Resort, Key Biscayne, located at 350 Ocean
Dnve, Key Biscayne, Flonda 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 authonzes 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 authonzed 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
ifeiP2a14 4 (..,--:_.
MAYOR ROBERT OLDAKOWSKI
2
ATT
(4,1'
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 ay ► Members of the Village Council
FROM 4R : gin- R dez Village Manager
RE Beac 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 Apnl 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 PRO% IDE A SAFE QUALITI COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT
www keybzscaynefl 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)
Sore a (Oa oie_t+ Cas oRI'
3-5a 1 e-eAO ? WC -
Name of Applicant So hesA44 Zoo -e...._#4 Oes olg.
Address 3So txeaa .
Phone No �aS- 36(- eda-t
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
9
A
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1)\kN
Village of Key Biscayne
Beach Management Plan — Permit Application
Page 2
If Applicable, Number and Type of
Proposed Non -Motorized Vessels'
kp,
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") m accordance leVi Se tion 30-102(0 of the Village Code of Ordmances,
S o „, \ , the "Applicant") hereby covenants and agrees as follows
1 Applicant shall defend, mdemnify, 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 m any way connected with
(1) Applicant's establishment, use, and/or operation of certam recreational
activities within the Government Use Zoning District as specified m 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 Distnct as specified m the approved
Beach Management Plan, Applicant shall mamtam the followmg
A Commercial general liability insurance for bodily injury, death, or
property damage occasioned by any act or occurrence ansmg out of or m
connection with Applicant's establishment, use, and/or operation of
recreational activities within the Government Use Zoning District as
specified m Applicant's Beach Management Plan, with minimum liability
limits of $1,000,000 00 for bodily mjury or death of any one person and
$2,000,000 00 for bodily injury or death of two or more persons m any
one incident or event, and m the minimum amount of $1,000,000 00 for
damage to property resultmg from any one incident This shall include
coverage for premises/operations, products/completed operations,
contractual liability, and independent contractors This policy shall
mclude coverage for contractual liability specifically covering the
indemnity set forth m this Covenant The Village shall be named as an
additional insured on this policy
B Automobile liability m the amount of $1,000,000 00 per
occurrence combmed single limit for bodily mjury and property damage,
covermg all vehicles owned, leased, rented or otherwise hired or used by
Applicant m association with Applicant's establishment, use, and/or
operation of recreational activities within the Government Use Zoning
District as specified m Applicant's Beach Management Plan The Village
shall be named as an additional insured on this policy
C Workers compensation and employer's habihty, as required by
Florida Statutes
3 Simultaneously with its delivery of the executed Covenant, Applicant shall
deliver to the Village Manager certificates of insurance mdicatmg that the above
referenced msurance coverage has been obtained consistent with the terms of this
Covenant
4 Applicant agrees that m the event of any litigation arising out of this Covenant,
the prevailing party shall be entitled to an award of reasonable attorney's fees and
costs, at both the trial and appellate level
5 Applicant represents that Applicant has the full right, title and authority to enter
mto this Covenant and to make the provisions hereof binding and m full force and
effect
IN WITNESS WHEREOF, the Applicaint has executed this Covenant of Indemnification
& Insurance on the If day of c -t. , 2006
APPLICANT
WITNESS
By
Are_ v\
\ \;:-Vtzt
By
Title ccS\ (AoLv t Q$
VILLAGE CLERK
Accepted by the Village of Key Biscayne, Florida this day of
2006
L AGE MANAGER
ATTEST
HITA ALV,
eb/
APPROVED AS TO FORM
AND LEGAL S FI • IENCY
VILLAGE ' TTO
F \ 103001 \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 m total
• The design of the beach plan is intended to keep the footprint of the chairs low and
mmimize the visual impact on the natural surroundings
• All of the cabanas (7) will be left m the lowered position unless a guest is usmg them
They have been mounted m the ground to a depth of three feet up along the base of
the sand dunes Again, this will mamtam the natural appearance of the beach
• All of the umbrellas will be stored m 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 Snackerne 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
pm
LEGEND
CABANAS
■ UMBRELLA BOXES
STACKS OF CHAIRS
FIGURE 2
BEACH MANAGEMENT PLAI
VILLAGE OF KEY BISCAYNI
My -
ti
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COVENANT OF INDEMNIFICATION & INSURANCE
Upon approval of a Beach Management Plan by the Village of Key Biscayne (the
"Village") m accordance h Se tion 30-102(f) of the Village Code of Ordinances,
50 ,,, ��ra �Q1 e sea -the "Applicant") hereby covenants and agrees as follows
1 Applicant shall defend, mdemnify, 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, mcludmg death,
sustamed by any person whomsoever, which said claim, demand, suit, loss, cost,
expense or damage arises out of or is mcidental to or m any way connected with
(1) Applicant's establishment, use, and/or operation of certain recreational
activities within the Government Use Zoning District as specified m Applicant's
Beach Management Plan, (2) Village approval of Applicant's Beach Management
Plan, or (3) Applicant's breach of this Covenant of Indemmfication 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 m the approved
Beach Management Plan, Applicant shall maintam the followmg
A Commercial general liability insurance for bodily injury, death, or
property damage occasioned by any act or occurrence arismg out of or m
connection with Applicant's establishment, use, and/or operation of
recreational activities within the Government Use Zoning District as
specified m 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 m any
one mcident or event, and m the minimum amount of $1,000,000 00 for
damage to property resultmg from any one mcident This shall mclude
coverage for premises/operations, products/completed operations,
contractual liability, and independent contractors This pohcy shall
mclude coverage for contractual liability specifically covermg the
mdemmty set forth m this Covenant The Village shall be named as an
additional msured on this policy
B Automobile liability m the amount of $1,000,000 00 per
occurrence combined single limit for bodily injury and property damage,
covermg all vehicles owned, leased, rented or otherwise hired or used by
Applicant m association with Applicant's establishment, use, and/or
operation of recreational activities within the Government Use Zonmg
District as specified m Applicant's Beach Management Plan The Village
shall be named as an additional insured on this pohcy
C Workers compensation and employer's liabihty, as required by
Florida Statutes
3 Simultaneously with its delivery of the executed Covenant, Applicant shall
dehver to the Village Manager certificates of msurance indicating that the above
referenced msurance coverage has been obtamed consistent with the terms of this
Covenant
4 Applicant agrees that m 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 Apphc t has executed this Covenant of Indemnification
& Insurance on the �. 4 day of a��� , 2006
APPLICANT
Kam„ R ‘Ni;:VtAt.
By
Title cZ'cSV %A. (\ L Q„r
Accepted by the Village of Key Biscayne, Florida this day of
2006
VILLAGE MANAGER
A'1 "PEST
CONCHITA ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
VILLAGE ATTORNEY
F \103001\Ageements\Covenant ofIndemmfication doc
ACORD.M CERTIFICATE OF LIABILITY
INSURANCE OP ID JR
SONES-1
DATE(MMIDDmmr)
03/13/06
PRODUCER
HUB International New England
299 Ballardvale St
Wilmington MA 01887
Phone 978-657-5100 Fax 978-658-9185
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 #
INSURED
Sonesta International Hotels
Corporation
Sonesta Hotels of Florida, Inc
350 Ocean Drive
Key Biscayne FL 33149
INSURER A Liberty Surplus Ins Co
INSURERB American Intrl 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-184088-015
10/01/05
10/01/06
EACH OCCURRENCE
$ 1,000,000
X
PREMISEs?El aoccurence)
$50,000
i
CLAIMS MADE I X OCCUR
PIED EYP (An c e per o )
$
PERSONAL & ADV INJURY
$ 1, 000,000
GENERAL AGGREGATE
$ 2,000,000
GEN L AGGREGATE LIMIT APPLIES PER
PRODUCTS COMP/OP AGG
$ 2,000,000
POLICY JERK 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 , 0 0 0
$
$
X
$
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER,MEMBER EXCLUDED'?
If yes describe under
SPECIAL PROVISIONS below
TFr
OR SY LILIMITMITTATU S EER U
TORY
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
AUTHSCR -""PRE E ITTEe..
ACORD 25 (2001/08)
0ACORD CORPORATION 1988
iriyt
,.-1.-.
Member of Liberty Mutual Group
Liberty Surplus Insurance Corporation
LSI
Corporation
ENDORSEMENT NO 1
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
Endorsement Effective Date 10/01/05 Policy No EGL-BO-184088-015
Insured Sonesta International Hotels Corporation
ADDITIONAL INSURED —BY WRITTEN CONTRACT
WHO IS AN INSURED (Section 11) is amended to mclude as an insured any person or organization
with whom you have agreed to add as an additional msured by wntten contract but only with respect to
liability arising out of your operations or premises owned by or rented to you
CGL 1000 0103
t
2 Exclusions
This Insurance does not apply to
a Expected or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion
does not apply to "bodily Injury" resulting from the use of reasonable force to protect persons or property
Contractual Liability
' Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the
assumption of liability in a contract or agreement This exclusion does not apply to liability for damages
(1) That the insured would have in the absence of the contract or agreement, or
(2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or
"property damage" occurs subsequent to the execution of the contract or agreement. Solely for the
purposes of liability assumed in an "insured contract" reasonable attorney fees and necessary litigation
expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily
injury" or "property damage", provided
(a) Liability to such party for , or for the cost of, that party's defense has also been assumed m the same
"msurea contract", and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative
dispute resolution proceeding m which damages to which this insurance applies are alleged
c Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of
(1) Causing or contributing to the intoxication of any person
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of
alcohol, or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages
This exclusion applies only if you are in the business of manufacturing, distributing, selling serving or
furnishing alcohohc beverages
d Workers' Compensation and Similar Laws
Any obhgation of the insured under a workers compensation disability benefits or unemployment
compensation law or any similar law
e Employer's Liability
"Bodily injury" to
(1) An ' employee" of the insured arising out of and in the course of
(a) Employment by the insured or
(c) Performing duties related to the conduct of the insured's business, or
ES 207 87 10 03 Page 2 of 21
1
•
i
M
(2) The insured's responsibility to pay damages is determined in a "suit" on the ments, 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 habihty means a habihty that would be unposed 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) Prepanng, approving or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys field orders, change orders, or drawings and specifications or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage, or
ES 207 87 10 03 Page 17 of 21
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(3) Under which the insured, if an architect, engineer or surveyor assumes hability for an injury or
damage arismg out of the insured's rendering or failure to render professional services, including
those hsted in (2) above and supervisory, inspection, architectural or engineering activities
10 "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you
and the labor leasing firm to perform duties related to the conduct of your business "Leased worker"
does not include a "temporary worker "
11 "Loading or unloading" means the handling of property
a After it is moved from the place where it is accepted for movement into or onto an aircraft,
watercraft or "auto",
b While it is in or on an aircraft, watercraft or "auto", or
c While it is being moved from an aircraft watercraft or "auto" to the place where it is finally delivered
but "loading or unloading" does not include the movement of property by means of a mechanical
device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto "
12 "Mobile equipment" means any of the following types of land vehicles including any attached machinery
or equipment
a Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads
b Vehicles maintained for use solely on or next to premises you own or rent
c Vehicles that travel on crawler treads
d Vehicles whether self propelled or not, maintained primarily to provide mobility to permanently
mounted
(1) Power cranes shovels, loaders, diggers or drills or
(2) Road construction or resurfacing equipment such as graders scrapers or rollers
e Vehicles not described in a , b, c or d above that are not self propelled and are maintained primarily
to provide mobility to permanently attached equipment of the following types
(1) Aix compressors, pumps and generators including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment or
(2) Cherry pickers and similar devices used to raise or lower workers
f Vehicles not described in a b, c or d above maintained prirnanly for purposes other than the
transportation of persons or cargo
However, self propelled vehicles with the following types of permanently attached equipment are not
"mobile equipment" but will be considered "autos"
(1) Equipment designed primarily for
(a) Snow removal
(b) Road maintenance but not construction or resurfacing or
(c) Street cleaning;
ES 207 87 10 03 Page 18 of 21
HURRICANE PLAN
Remove and secure all loose objects 1 e lounge chairs, umbrellas, hammocks, etc
These objects will be placed m the underground garage