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2005-368 (2)
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2005-368 (2)
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Last modified
8/15/2016 10:57:41 AM
Creation date
9/30/2015 9:25:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
11/08/2005
Control Number
2005-368A
Agenda Item Number
10.A.
Entity Name
Los Angeles Dodgers City of Vero Beach
Subject
Second Amendment Facility Lease Agreement
Dodgertown
Area
Dodgertown 4001 26th. St.
Supplemental fields
SmeadsoftID
5273
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BK : 1961 PG : 1047 <br /> proceedings, judgments, disbursements, charges , assessments, and expenses (including <br /> reasonable attorneys ' and experts ' fees and expenses incurred in investigating, defending, or <br /> prosecuting any litigation, claim or proceeding whether out of court, at trial or in any appellate or <br /> administrative proceeding) . `Bodily injury" means bodily injury, sickness or disease sustained <br /> by a person, including death resulting from any of the foregoing. "Property damage" shall mean <br /> physical injury to tangible property, including all resulting loss of use of that property, or loss of <br /> use of tangible property that is not physically injured. <br /> Section 9 . 04 . Independent Provisions . The provisions of Sections 9 . 01 through 9 . 03 , <br /> inclusive, are independent of, and will not be limited by, any insurance obligations in this <br /> Agreement, and shall survive the expiration or earlier termination of this Agreement with respect <br /> to any claims or liability arising in connection with any event occurring prior to such expiration <br /> or termination. <br /> Section 9 . 05 . Insurance. Commencing upon the Effective Date and throughout the <br /> remainder of the Term, the City shall maintain, at its sole cost, the following insurance : <br /> (a) A commercial general liability insurance policy in an occurrence form <br /> covering the insured against all bodily injury and property damage liability that may rise <br /> or be claimed due to the City' s use of the Parking Property and/or Improvements in a <br /> minimum amount of coverage of One Million Dollars ($ 1 ,000,000) for injuries to persons <br /> in one accident, One Million Dollars ($ 1 ,000,000) for injuries to any one person and One <br /> Million Dollars ($ 1 ,000,000) for damages to property. The commercial general liability <br /> insurance policy in an occurrence form shall also include contractual liability coverage <br /> including a Broad Form Endorsement covering the insurance provisions of this <br /> Agreement and the performance by the City of the indemnification provisions set forth in <br /> this Agreement. <br /> (b) Special form (all risk) property insurance covering ( 1 ) the Parking <br /> Property and all Improvements, including, but not limited to , any additional <br /> Improvements undertaken by the City, in an amount not less than one hundred ( 100%) <br /> percent of their actual replacement costs from time to time existing during the Term of <br /> this Agreement, providing protection against any peril included within the classification <br /> "all risks" of physical loss or damage, together with insurance against sprinkler damage, . <br /> vandalism, malicious mischief, and water damage of any type and theft. The proceeds of <br /> such insurance shall be used for the repair or replacement of the property so insured. <br /> (c) All of the insurance policies required under Sections 9 .05 (a) and 9 . 05 (b) , <br /> above, shall be effected from insurance companies recognized by and licensed in the <br /> State of Florida, and shall include a Notice of Cancellation or material Coverage Change <br /> provision of thirty (30) days ' notice in favor of Dodgers. The City shall provide Dodgers <br /> and the County with a duly executed Certificate of Insurance for each such policy. The <br /> City shall maintain the Certificate of Insurance on file with Dodgers at all times during <br /> the Term . The policies required under Sections 9.05 (a) and 9 .05 (b) , above, shall name <br /> the Indemnified Dodgers Parties as additional insured parties . <br /> (d) If the City fails to furnish the Certificate(s) of Insurance as required above, <br /> Dodgers may, after notice and an opportunity to cure as set forth in this Agreement, <br /> ( FT284532;3 ) Page 14 of 21 <br />
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