|
coverage limits, any applicable deductible or retention, and the policy Uffective and expiration
<br />dates. The certificates of insurance shall also evidence that: (a) Developer has procured and paid
<br />for the foregoing insurance coverage from companies either (i) having an A.M. Best rating of "A
<br />Vil?) or higher or (ii) otherwise acceptable to City in its sole discretion; (b) the person executing
<br />the insurance certificates is authorized by the applicable insurance carriers to do so; and (c) all
<br />insurance coverages required to be maintained by Developer pursuant to this Section 4.6 provide
<br />coverage on an "occurrence" basis and not on a "claims made" basis. The insurance certificates
<br />shall state that the insurer will provide Agency with thirty (30) days written notice in case of
<br />cancellation or non -renewal.
<br />4.6.2 The insurance policies required by this Section 4.6 shall be endorsed by
<br />Developer's insarance carriers to reflect (a) that the coverages provided pursuant to the policies
<br />required by this Section 4.6, including any excess or umbrella policies, are primary over any
<br />other insurance coverage that may be available to City, and (b) that any other insurance coverage
<br />that may be available to City shall be excess over the coverages provided by the policies required
<br />by this Section 4.6, including any excess or umbrella policies, and (c) that the coverages
<br />provided pursuant to the policies required by this Section 4,6, including any excess or umbrella
<br />policies, shall not require contribution of any other insurance coverage that may be available to
<br />City, regardless of how such other insurance coverage of City is structured to apply in other
<br />insurance situations. Further, all policies, including excess or umbrella policies, shall provide
<br />coverage for claims by one insured against another insured and the policies $ball not contain any
<br />cross -suits exclusions, cross -liability exclusions, or insured versus insured exclusions.
<br />4.6.3 In addition to the insurance requirement of this Section 4.6, the Developer agrees
<br />to and shall indemnify, protect, defend and hold the City, its elected and appointed officers,
<br />directors, employees, agents and representatives, harmless from and against all liability, loss,
<br />damage, costs or expenses (including reasonable attomeys' fees and court costs) arising from or
<br />as a result of the death of any person or any accident, injury, loss or damage whatsoever caused
<br />to any person or to the property of any person which shall occur on or adjacent to the City
<br />Property, or applicable portion thereof, and which is not caused by the act or negligence of the
<br />City, or its officers, agents, servants, employees or contractors.
<br />4.7 itv and Other Governmental Agency Permits. Prior to the commencement of any
<br />construction and development (or any work related thereto) upon the City Property, the
<br />Developer shall, at its own expense, secure, or cause to be secured, my and all approvals and
<br />permits which may be required by the City or any other governmental agency affected by such
<br />construction. All site work and construction activities shall be undertaken in accordance with the
<br />requirements of the City, and other applicable local, regional, state and federal rules, regulations
<br />and standards, including but not limited to: City building permit; grading permit; approved
<br />development plans; design review, and conditions specified in City conditional use permit.
<br />The Developer agrees to defend, indemnify, protect and hold harmless the City and its officers,
<br />employees, and agents from, regarding and against any and all liabilities, obligations, orders,
<br />claims, dainages, fines, penalties and expenses of any kind whatsoever, together with fees
<br />(including, without limitation, reasonable attorneys' fees), whenever arising, resulting from or in
<br />5 53 94,00000\2 9008220.1 65D-27
<br />
|