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Clerk's CorrespondenceI "4A 4 BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 ��oouNr��o yJ ,,JJp•cu�OG� Gp �:y a Q; N O~AjO,E COVM�Y _F® �Dannp t. Rolbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294.4641 M E M O R A N D U M To: Art Skelly, Airport Director From: Rosalie L. Connolly, Deputy Clerk Subject: General Asphalt Company Date: April 27, 1989 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 In accordance with our telephone conversation today, I am attaching hereto a copy of Policy No. TFl-151-10483-159 for General Asphalt Company covering the Marathon Airport AIP Project No. 3-12-0044-0788 for the period from 2/3/89 to 9/3/89. Per your instructions, we are also sending a copy to Risk Management. 1---)// Rosalie L. onnolly Deputy Clerk Attachment cc: Peter Horton, ACA/Community Services Donna Perez, Risk Management File LIBERTY MUTUALm Liberty 'Mutual Insurance Group Boston Liberty Mutual Insurance Company (A mutual insurance company, herein called the Company) LIABILITY POLICY This policy is non -assessable. The named insured is hereby notified that by virtue of this policy he is a member of the Company and as such is entitled to vote either in person or by proxy at any and all meetings of the Com- pany and to participate, to the extent and upon the conditions fixed and determined by the board of directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. The annual meetings of the Company are held at its home office, Boston. Massachusetts, on the third Wednesday of April in each year, at ten o'clock in the morning. This policy is classified for dividend purposes in Dividend Class I — General Class. In witness whereof, the Company has caused this policy to be signed by its President and its Secretary at Boston. Massachusetts, and countersigned on the declarations page by a duly authorized representative of the Company. t� SECRETARY LC,--4-zj "O� PRESIDENT GPO 4078 (7-1-87) NOTICE OF RISK MANAGEMENT PROGRAMS We are pleased to offer you, as a Liberty Mutual policyholder, assistance in the development of a risk management program for the control of perils covered in the policy to which this offer is attached. Depending on the coverage afforded, we can provide you with assistance in the following areas: " A. Safety measures, including.as applicable, the following areas: (1) Pollution and environmental hazards; (2) Disease hazards; (3) Accidental occurrences; (4) Fire hazards and fire prevention and detection; (5) Liability for acts from the course of business; (6) Slip and fall hazards; _ (7) Product injury; and (8) Hazards unique to your business. B. Training in safety management techniques. C. Safety management counseling services. Loss Prevention Services available to you meet or exceed the requirements of Florida Statute 627.0625 (3) and the rules published under authority of that statute. If you desire the assistance offered above, please send your request in writing to: DIVISION MANAGER LOSS PREVENTION DEPARTMENT LIBERTY MUTUAL INSURANCE GROUP P.O. BOX 4026 ATLANTA, GA 30302 CPO 4.097 (12/881 • OWNERS' AND CONTRACTORS' Insurancea Company Liberty LIBERTY PROTECTIVE LIABILITY omMUTUAL. DECLARATIONS I ACCOUNT SUB-ACCi. N0. 41 04 83 0000 Liberty Mutual Insurance Group/Boston POLICY NO. TD/ CO SALES OFFICE CODE SALES REPRESENTATIVE CODE N R 1ST YR. LIAB. ROL. TF1- 151-410483-159 2/6 MIAMI 554 HOBBS 6403 1 89 Item 1. Named Insured MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD ST. Address KEY WEST, FL 33040 The named insured is: Individual, C Partnership, a Corporation, XR Other MUNICIPALITY Business of named insured is: Mo. Day Year Mo Day Year Item 2. Policy Period: From 2 3 89 to 9 3 89 12:01 A.M., standard time at the address of the named insured as stated herein. Item 3. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE AGGREGATE LIMIT BODILY INJURY and PROPERTY DAMAGE LIABILITY Item 4. Designation of Contractor GENERAL ASPHALT CO. P.O. BOX 52-2306 Mailing Address MIAMI,FL 33152 $ 1,000,000. $ 500, 000. each occurrence Location of Covered Operations MARATHON AIRPORT, MARATHON, FL AIR PROJECT NO. 3-12-0044-0788 ,�k Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums and dividends, if any, which may become payable under the terms of this policy. Item 5. Computation of Premium Classifications Code No. Premium Base Rate Advance Premium Cost Per $1,000 of Cost Code 317 CONSTRUCTION OPERATION M = Minimum Premium 16291 811,443 .185 150. TOTAL ADVANCE PREMIUM $ 150. Audit Basis: X At Expiration, = Annual, Semi -Annual, Quarterly, Monthly, = Flat Charge Forms and endorsements attached to this policy: CG 0009, IL 0021, CIS 2840 / r This policy, including all endorsements issued herewith, is hereby countersigned by ...... �`�".' *N*0NM* Authorized RenrPSentaiiVP Loc. Code Typed Periodic Payment Rating 8asls Audit Basis Ho7StatePoi. H G. Renewalof E 4-13$ =R g NR 1 S_ _ NEW gar �/ wJ.7 k/.1-0/f CL 405 (5-86) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 28 40 05 86 AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following is added to exclusion j. of COVERAGES (Section 1): Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property damage" caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. '" Copyright, Insurance Services Office, Inc., 1986 ou cioa THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. (11-85) IL 00 21 11 815 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination upon exhaustion of its limit of lia- bility; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America. or any agency thereof, with any person or organiza- tion. (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of. an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time Possessed, handled, used, processed. stored, transported or disposed of by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an ''insured" of services, materials, partsor equipment in connection with the planning, construction. maintenance, operation or use of any -nu- clear facility", but if such facility is located within the United States of America. its ter- ritories or possessions or Canada, this exclu- sion (3) applies only to "property damage'' to such "nuclear facility" and any property thereat. 2. As used in this endorsement: ''Hazardous properties" include radioactive, toxic .r explosive properties; "Nuclear material" means "source material 'Spe- cial nuclear material" or "by-product material "Source material", "special nuclear material". and B. Under any Medical Payments coverage, to ex- "by-product material" have the meanings given penses incurred with respect to "bodily injury" them in the Atomic Energy Act of 1954 or in any law resulting from the "hazardous properties" of amendatory thereof; "nuclear material" and arising out of the opera- tion of a "nuclear facility" by any person or "Spent fuel" means any fuel element or fuel compo organization. nent, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor"; C. Under any Liability Coverage, to "bodily injury" "Waste" means any waste material (a) containing or "property damage" resulting from the "haz- "by-product material" other than the tailings or ardous properties" of "nuclear material", If: wastes produced by the extraction or concentration (over) ���"Copyright. Insurance Services Office. Inc., 1983, 1984 of uranium or thorium from any ore processed pri- marily for its "source material" content. and (b) premises where such equipment or device s resulting from the operation by any person or organi- "nuclear located consists of or contains more than 25 grams of plutonium or uranium 233 or zatwn of any facility" included under the first two paragraphs of the definition "nuclear. any com- 'bination thereof, or more than 250 grams of of facility". uranium 235; "Nuclear facility" means. (d) Any structure, basin, excavation, premises or place prepared or used for the storage or dis- (a) Any ''nuclear reactor"; posal of "waste"; (b) Any equipment or device designed or used for and includes the site on which any of the foregoing is (1) separating the isotopes of uranium or plu- located, all operations conducted on such site and tonium, (2) processing or utilizing ''spent fuel'', all premises used for such operations; or (3) handling, processing or packaging "waste"; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting (c) Any equipment or device used for the process- chain reaction or to contain a critical mass of fis- ing, fabricating or alloying of "special nuclear sionable material; material" if at any time the total amount of such "Property damage" includes all forms of radioactive material in the custody of the "insured" at the contamination of property. IL 00 21 11 85 CG 00 09 1185 CL 102 OWNERS AND CONTRACTORS PROTECTIVE, LIABILITY COVERAGE FORM (11-85) COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout ,',is poky the words "you" and "your" refer to the Named Insured shown in the Declarations. The words I. we •, "us" and "our" refer to the Company providing this insurance. The word ",nsured'• means any person or organization qualifying as such under SECTION 11—WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS. SECTION I —COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY I. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. No other obligation or Lability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance applies only to "bodily injury" and "property damage" which occurs during the policy period. The "bodily injury" or "property damage" must be caused by an "occurrence" and arise out of: (1) Operations performed for you by the "contractor" at the location specified in the Declarations; or (2) Your acts or omissions in connection with the general supervision of such operations. We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is lim- ited as described in SECTION III —LIMITS OF INSURANCE; (2) We may investigate and settle any claim or 1. suit'* at our discretion; and (3) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or settle- ments. b. Damages because of "bodily injury" include damages claimed by any person or organization for care. loss of services or death resulting at any time from the "bodily injury". C. "Property damage" that is loss of use of tangible property that is not physically injured shall be deemed to occur at the time of the "occurrence" that caused it. 2. Exclusions. or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by rea- son of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contract"; or (2) That the insured would have in the absence of the contract or agreement. C. "Bodily injury" or "property damage" which oc- curs after the earliest of the following times: (1) When all "work" on the project (other than service, maintenance or repairs) to be per- formed for you by the "contractor" at the site of the covered operations has been com- pleted; or (2) When that portion of the "contractor's" "work"• out of which the injury or damage arises, has been put to its intended use by any person or organization. This exclusion does not apply to any contractor or sub- contractor working directly or indirectly for the "contractor" or as part of the same project. d. "Bodily injury" or "property damage" arising out of your, or your employees' acts or omissions other than general supervision of "work" per- formed for you by the "contractor". e. Any obligation of the insured under a workers compensation, disability benefits or unemploy- ment compensation law or any similar law. f. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of his employment by the insured; This insurance does not apply to: (2) The spouse, child, parent, brother. or sister of that employee as a consequence of (1) a. "Bodily injury" or "property damage" expected above. .� dpplies. (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". g. "Property damage" to: (1) Property you own, rent, or occupy; (2) Property loaned to you; (3) Personal property in your care, custody or control; or (4) "Work" performed for you by the "con- tractor". h. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under: (1) An "insured contract"; or (2) Expenses for first aid. "Bodily injury" or "property damage" arisingout of the use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. (1) "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) at or from premises you own, rent or occupy; (b) at or from any site or location used by or for you or others for handling, storage, disposal, processing or treatment of waste; (c) which are at any time transported, han- dled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (2) Any joss, cost, or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat,,detoxify or neutralize the pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke. vapor, soot, fumes, acids, alkalis, chem- icals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. k. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "work" performed for you by the "contractor"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agree- ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acci- dental physical injury to "work" performed for you by the "contractor". SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" we de- fend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. 3. The costs of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Pre -judgement interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre -judgment interest based on that period of time after the offer. (d) at or from any site or location on which 7• you or any contractors or subcontractors working directly or indirectly on your behalf or performing operations: 0) if the pollutants are brought on or to the site or location in connection with such operations; or 00 if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pol- lutants. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 8. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury" to which this insurance applies. These payments will not reduce the limits of insurance. SECTION 11—WHO IS AN INSURED 1. If you are designated in the Declarations as: 2 a. An individual, you and your spouse are insureds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to their duties as partners or members of a joint venture. c. An organization other than a partnership or joint vert,,!re i.,U are an insured. Your executive of- f;, erg ir,j directors are insureds, but only with respect to their duties as your officers or direc- tors. Ycur :t,ockholders are also insureds, but only with respect to their liability as stock- holders. 2. Each of the following is also an insured: a. Any person (other than your employee) or any organization, while acting as your real estate manager. b. Any person or organization having proper tempo- rary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been ap- pointed. C. Your legal representative if you die, but only with respect to duties as such. That representative will have all rights and duties under this Cover- age Part. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III —LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- bardless of the number of: a. Insureds: b. Claims made or "suits" brought; or C. Persons or organizations making claims or bring- ing "suit 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and uro;jerr, jimage". 3. Subject to _ above, the Each Occurrence Limit is the most Ne 41II pay for the sum of damages because of "bodily injury" and "property damage" arising out of any one ;erurrence". If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the Policy period shown in the Declarations. unless the pol- Icy period is extended after issuance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insur- ance. SEC i ION IV CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured will not re- lieve us of our obligation under this Coverage Part. 2. Cancellation. a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- ticn. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the "con- tractor" written notice of cancellation at least: (1) 10 days before the effective date of can- cellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of can- cellation if we cancel for any other reason. C. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured or the "contractor" cancels, the refund may be less than pro rata. The cancella- tion will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 3. Changes. This policy contains all the agreements between you, the "contractor" and us concerning the insurance afforded. The first Named Insured shown in the Dec- larations and the "contractor" are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by usand made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified promptly of an "occurrence" which may result in a claim. Notice should include: (1) How, when and where the "occurrence" took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit". C. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or 1. suit", (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, set- tlement, or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforce- ment of any right against any person or orga- nization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, volun- tarily make a payment, assume any obligation, or incur any expense without our consent. 5. Examination Of Your Books And Records. We may examine and audit your books and records as well as the "contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommend- ations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, re- ports or recommendations. - 7. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be iiabie for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the, insured and the claimant or the claimant's legal representative. 8. Other Insurance. The insurance afforded by this Coverage Part is pri- mary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a "contractor" other than the designated "contractor" for the same opera- tion and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insur- ance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contri- bution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premiums. The "contractor": a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 10. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit pre- miums are due and payable on notice to the "contractor". If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the "contractor". c. The "contractor" must keep records of the infor- mation we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Cov- erage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Others To Us. 4 if the insured nas rights to recover all or part of any tamed primarily to provide mobility to perma- payment we have made under. this Coverage Part nently mounted: those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, (1) Power cranes, shovels, loaders, diggers or the insured will bring "suit" or transfer those rights brills; or to us and help us to enforce them. (2) Road construction or resurfacing equipment SECTION V—DEFINITIONS such as graders, scrapers or rollers: 1. "Auto" means a land motor vehicle. trailer or semi- e. Vehicles not described in a., b., c. or d. above traiier desgnea, for travel on public roads, including that are not self-propelled and are maintained anv attached machinery or equipment. But "auto" primarily to provide mobility to permanently at - does not nc'ude "mobile equipment" tached equipment of the following types: 2. Bodily nlury means bodily ;nlury, sickness or dis- (1) Air compressors, pumps and generators, in - ease sustained by a person, including death result- cluding spraying, welding, building clean- ng from any of these at any time. ing, geophysical exploration, lighting and 3. "Contractor" means the contractor designated in the well servicing equipment; or Declarations. (2) Cherry pickers and similar devices used to 4. ' Irrpaired property" means tangible property, other raise or lower workers; than work performed for you, that cannot be used or f. Vehicles not described in a., b., c. or d. above ;s less useful because: maintained primarilyfor purposes other than the transportation of persons or cargo. a. It incorporates work performed for you that is known or thought to be defective, deficient, in - However, self-propelled vehicles with the follow - adequate or dangerous; or ing types of permanently attached equipment b. You have failed to fulfill the terms of a contract or are not "mobile equipment" but will be consid- ered "autos": agreement; (1) Equipment designed primarily for: if such property can be restored to use by: (a) Snow removal; a. The repair, replacement, adjustment or removal of the work performed for you; or (b) Road maintenance, but not construc- b. Your fulfilling the terms of the contract or agree- tion or resurfacing; ment. (c) Street cleaning; 5. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; c. An easement or license agreement in connection with vehicle or pedestrian private railroad cross- ings at grade; d. Any other easement agreement, except in con- nection with construction or demolition opera- tions on or within 50 feet of a railroad; e. An indemnification of a municipality as required by ordinance, except in connection with work for a municipal-ty; f. An elevator maintenance agreement. 6. Mobile equipment" means any of the following types of land venicles, including any attached ma- cnirery or equipment: a. Bulldozers. farm machinery, forklifts and other vehicles designed for use principally off public roads: b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, in- cluding spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. 7. "Occurrence" means an accident, including contin- uous or repeated exposure to substantially the same general harmful conditions. 8. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property; or b. Loss of use of tangible property that is not phys- ically injured. 9. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 10. "Work" includes materials, parts or equipment fur- nished in connection with the operations. Y BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 Y 4UUNT�C coin` .-G C :•y f . 9� ;O• i OP 4,90E COU iDannp X. Ralbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305► 294.4641 June 20, 1989 Ms. Betty L. Perez HY-POWER INC. 4300 Ravenswood Road Fort Lauderdale, FL 33312 Re: General Asphalt Co., Inc. Your Job No. J#102 Dear Ms. Perez: BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852.9253 Reference is made to your notice dated June 14, 1989, wherein you requested a copy of the Payment Bond for General Asphalt's job: SEALCOAT EXISTING G/A AIRCRAFT PARKING APRON - EASTSIDE CONSTRUCT NEW G/A AIRCRAFT PARKING APRON - WESTSIDE AIRPORT IMPROVEMENT PROGRAM PROJECT NO. 3-12-0044-0788 MARATHON AIRPORT MONROE COUNT, FLORIDA Please find enclosed herewith a copy of said Payment Bond. If we can be of any further service, please do not hesitate to contact us. Very truly yours, DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners By Rosalie L. y/r Deputy Clerk Enclosure cc: File POWER INC. ELECTRICAL CONSTRUCTION TELEPHONE: (305)583-9000 4300 RAVENSWOOD ROAD • FORT LAUDERDALE, FLORIDA 33312 TELECOPIER: (305) 583-9009 N 0 T I C E T O O W N E R AND PRELIMINARY NOTICE TO OWNER CONTRACTOR AND SURETY IF APPLICABLE FLORIDA STATUTES 713.06, 713.23 AND 255.05 DATE:6/14/89 Certified:P 856 011 623 OUR JOB NO. J#102 TO: MONROE COUNTY BOARD OF COMMISSIONERS County Courthouse, 500 Whitehead Street Key West, FL 33040 Please be informed that the undersigned is furnishing, or has furnished the following described materials, labor and/or services: ELECTRICAL WORK for the improvement of real property identified as: SEALCOAT EXISTING G/A AIRCRAFT PARKING APRON-EASTSIDE CONSTRUCT NEW G/A AIRCRAFT PARKING APRON - WESTSIDE AIRPORT IMPROVEMENT PROGRAM PROJECT NO. 3-12-0044-0788 MARATHON AIRPORT, MONROE COUNTY, FL under an order given by: GENERAL ASPHALT CO., INC. 4850 Northwest 72nd Avenue Miami, FL 33166 Florida law prescribes the serving of this Notice and restricts your right to make payments under your contract in accordance with 713.06 and 255.05, Florida Statutes. If there is a PAYMENT BOND, this notice will advise you that we intend to look to the applicable payment bond for payment of the foregoing items. Within ten (10) days of receipt of this notice, you are required by Florida Statutes Section 713.23 and 255.05 to furnish notice of the existence of such payment bond and a copy of said bond. PLEASE NOTE: THIS NOTICE IS NOT A LIEN, CLOUD, NOR ENCUMBRANCE UPON TITLE TO YOUR PROPERTY, NOR IS IT A MATTER OF PUBLIC RECORD. This notice is a standard business procedure of the undersigned firm, and does not adversely reflect upon the credit -worthiness or reputation of any person named herein. BY: - Betty L. Perez for: Firm:HY-POWER INC. 4300 Ravenswood Road Fort Lauderdale, FL 33312 cc:General Asphalt Co., Inc. CERTIFIED MAIL: P 856 011 624