Tenants and Concessionaires
Including but not limited to food and beverage concessions, gift shops, office space tenants, childcare centers, senior centers and other space rental to lessees who have full-time or part-time employees.
InsuranceLessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the lessee's operation, and use of the leased premises. The cost of such insurance shall be borne by the lessee.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
- Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001).
- Worker’s Compensation insurance as required by the State of California and Employer’s Liability insurance (for lessees with employees).
- Property insurance against all risks of loss to any tenant improvement or betterment.
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
- General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project / location or the general aggregate limit shall be twice the required occurrence limit.
- Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
- Property Insurance: Full replacement cost with no co-insurance penalty provision.
Other Insurance Provisions
The General Liability policy is to contain, or be endorsed to contain, the following provisions:
- The Town, its officers, officials, employees and volunteers are to be covered as insured’s with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee.
- The lessee's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be excess of the lessee's insurance and shall not contribute with it.
- Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town.
Waiver of Subrogation
The Worker’s Compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in it’s endorsement, agrees to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the Town.
Deductibles and Self-Insurance Retentions
Any deductible or self-insured retention must be declared to and approved by the Town. If possible, the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, officials, employees and volunteers; or shall provide evidence satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Town.
Verification of Coverage
Lessee shall furnish the Town with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Town or on other than the Town's forms provided those endorsements conform to the Town's requirements. All certificates and endorsements are to be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.