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BTLZTKSUMBEltET. AL JUN. -2T u4[MoNl 16: 11 , ~ P.004/013 Ingrcss Egrcss Pase 2 include service 'vehicles or personal vehicles utiJj7J:d by consauction workers working on the Project. 3) llIf of Pier PlII"k for conmucdon sl8Jing probibi~: La Perla lQ1d its su,cessors and lll'illisnZ!l arc 5pcmificBIly prahibiled d'om utilizing Pier Park for any construction staging purposes. other than in connection with the improvcments to Pier Park. 4) Indemnification. For sepuate considmtion, the reccipt Bnd sufficiency oC which is hereby acknowledged, La Perla and its liUCCC&Sar& and IsBigoll hereby agrec to indemnify and save the CitY hBnnless fir'otn any and all claims, liability, IOMcs and caUBes of action which may arise 8.S a result of this InSJ"CllS and Egress Agreement. unJclis such claim, liability, 10116 or callie of action is the result of the City's negligent:le. 5) InsUlllntlC. La Perla shall maintain, during the teJm of this Agreement, the insunmce specified below. A Certificate of Insurancc shall be tiled with tbe City of SUMY Isles Beach's Cit)l Managt!r prior to the commencement of this Agreement. No modifioation, change or cancellation of insurance shall be made without thirty (30) days' written advance notice to the City Manager, with a copy to the City Attol'ncy. Public :r..iability Insurance on a comprehensive basis in aD amount not less than 5300,000 combined singll:! Hmit for bodily injury and property damage, The policy shan be endorsed to the City all an additional il1~sun:d. The policy shall be endorsed to include Products Liability coverage if and when applicable. No modification, changc, or cancellalion of insurance shall be made without thirty (30) days written advance notice to the City of Sunny Isles Beach Isles Beach City Mana.:er with a copy lo the City Attorney. The Public Lillbility Insurance cO'leragc shalJ include those classification!! as lil;fed in Standard LiabilitY Insurulce Manuals. which ore sJJplicable fO the operations oCta Perla in the performance o(this Agreement. All insurance po1ici~s required above shlSl! be issued uy companies 3uthori~ed to do bu~il1C3S under the laws .:If the Smte of Florida. Such companie$ IlhaJl h."e 8 general policy hDlders' raring of "B" or better and a financial rating of not Icss than "Class V" as repor1ed by Besrs Key Rllting Ouide, published by .A.M. Best Company. latest edition. Complilll.Pce with the forelloing requirements shall not relieve La Perla of ita liBbility llnd abligatiorLll undC!T this section or any ather portion of this Agrecment. The City reserves the ri8hf to l'eusonably amend the insun&nce requirements by the iSS\.IDn(;e of ~ notice in writins to La Perla. 6) CllnSlIYction of Pier Park Il!!l'rovements. La Perla shall oonstruCf cenain improvements to Pier Park, referred to as the "Pier Park Improvements'" in accordllnce with the Pier Park Plans. a:i amended by thl~ Witkin Desisn Group, and consistins of 3 Ilheet8 diltcd, signed Ilnd sealed u,s Df November 20, :!OOI, and last reviscd on Novcmba- 26. 2003 (the "Rcvisod Pier Park Plans") atbulhed hereto as E,mibit liB". La Perl. and City acl1mowlodsc; tblit in the future additional revisions may be made to the Revisc:d Pier Pllrk PIAIl& to include certain additional rcstraoms, lighdng and athlCl' improvement!l to Pier Park Ilpllrt from La Perla'a oblisutions which IlTe to bc provided IInd paid for by the developer of the "Jadc Belch" project. as agreed to in connection with its zoning approvl1l. 7) ,pBrkins Spaces 8tW BelICh ^~5. lA Perla and the Ciry acknowledge that the R.evised Pier Park Pll1nliincl\ldc the cons~otion and/or rc-paving Df 29 pllfkillG splices. to be located within Pier Park, which upon completion shall be maintained, operated and managed by the City, and that the City shall be; cntitlc:d 10 all rCVCl1\11: derived tht:n:&om. La Pcrlll agrecs that. during me c;;ons1ruction orthe Pier Park Improvcm1m13, \lntil such time u thc Project is \ODmplc:tc:d, La Perla shall at all timcs provide adeqUAte beach QOCCISS through Pier Park 11.5 well 115 lit least 29 parkitlB llJlilCCS Dwilablc for UMl by the: U;\AtJomey\Agm:rnents. Bids, CGntnlCli, FOrmli &: RfQ'li\lnlP'cli1i EpCS6.doc SIB BooK22317/Page2929 Page 2 ofB