Agmt 2004 State Dept of Boating and Waterways

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Exhibit A ARTICLE 9- CONCESSION AGREEMENTS All concession agreements for the operation and maintenance of the Project Area must have the written approval of the Department prior to award. The Department will approve such concession agreements only when the Grantee can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. Any concession agreement for operation and maintenance of greater than five years shall require the concessionaire to make a capital investment in the Project Area. ARTICLE 10 -LIABILITY AND FIRE INSURANCE A. The Grantee shall insure the Project through one of the following alternatives: ALTERNATIVE I The Grantee shall maintain in full force and effect during the term of this Agreement the following insurance in the minimum amounts specified: Bodily Injury or Death: $300,000 each person $1,000,000 each occurrence Property and Product Damage $500,000 each occurrence $1,000,000 aggregate Fire Insurance 90% of the full insurable value of all insurable components of the Project. ALTERNATIVE II 1. The Grantee agrees that all contracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designer(s) to obtain Architect's Professional Liability (errors and omissions) Insurance in the amount of $250,000. 2. The Grantee agrees that all contracts between it and the contractor (or contractors) responsible for construction of the Project shall contain a clause which requires the contractor(s) to obtain insurance in the minimum amounts specified in Alternative I. 3. The Grantee prior to acceptance and operation of the Project shall procure and maintain in full force and effect during the remainder of the term of this Agreement insurance in the amounts specified in Alternative I. ALTERNATIVE III 1. The insurance requirements specified in the preceding Alternative I may be satisfied to the extent that the Grantee can provide comparable protection for the Grantee and the Department by virtue of the Grantee's participation in any "risk management" REVISION 01/21/04 035ANLEANDR01 9