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<br />ARTICLE 5
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<br />5.01. Indemnification: Vessel Owner for himself, his heirs, personal representatives, successors,
<br />and assigns, as the case may be, hereby discharges the City, and its officers, agents, and employees from any
<br />and all liability for loss or damage to the vessel, its Vessel Owner, and Vessel Owner's agents, employees,
<br />passengers, guests or invitees for any liability for personal injury, loss of life or property damage of any kind
<br />whatsoever. Such loss or damage includes but is not limited to fire, theft, vandalism, windstorm, high or low
<br />waters, hail, rain, collision or accident, hurricane, terrorism, or any Act of God, regardless of whether the
<br />vessel is being moved, moored, stored or temporarily docked at Bella Vista Bay Park. Vessel Owner
<br />acknowledges that he has been advised that the City make no representations or warranty offers for the use
<br />of said premises. The City, its officers, agents and employees, disclaim any and all express or implied
<br />warranties, and Vessel Owner, on behalf of himself, his heirs, personal representatives, successors, and
<br />assigns, as the case may be, releases the City, its officers, agents and employees from any and all liability
<br />arising out of any such warranties.
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<br />5.02. Arbitration: It is the intention of the parties that whenever possible, if a dispute or
<br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance
<br />with the procedures, rules and regulations of the American Arbitration Association. The decision rendered
<br />by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the
<br />arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County,
<br />Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-
<br />prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the
<br />costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation.
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<br />5.03. Governing Law: This Agreement shall be interpreted in accordance with the laws of the
<br />State of Florida and the laws of the United States.
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<br />ARTICLE 6
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<br />6.01. Insurance: The Vessel Owner shall purchase and maintain insurance providing coverage on
<br />an occurrence basis during the term of this agreement as outlined below:
<br />A. Comprehensive General Liability or Commercial General Liability Coverage must be
<br />afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy
<br />or Commercial General Liability filed by the Insurance Services Office, and must include:
<br />I. Minimum Limits of total coverage shall be [$2,000,000.00] per occurrence
<br />combined single limit for Bodily Injury Liability and Property Damage Liability, the
<br />basic policy to be in said form with any excess coverage (and the carrier) to be
<br />acceptable to the City.
<br />2. Premises and/or Operations.
<br />3. Independent Contractor.
<br />4. Products and/or Completed Operations. The Vessel Owner shall maintain in force
<br />until at least three (3) years after completion of all services required under this specific
<br />Agreement, coverage for products and completed operations, including Broad Form
<br />Property Damage.
<br />5. Broad Form Property Damage including Completed Operations.
<br />6. Broad Form Contractual Coverage applicable to this specific Agreement, including
<br />any hold harmless and/or indemnification agreement.
<br />7. Personal Injury coverage with employees and contractual exclusions removed.
<br />8. Crew Coverage.
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