§ 17-08 Damage to Persons or Property.
RCNY § 17-08
(a)The permittee shall indemnify and save the City harmless from all damages resulting from injury to persons or property arising from the use of City land, structures or other property under this Permit. Insurance policies naming the City, together with its officials and employees and the New York City Water Board as additional insureds must be provided as follows: • All individuals and Not-for-Profit Organizations: Personal or General Liability or Homeowners' Insurance with minimum limits of $500,000; • All Commercial entities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate; • All Utilities and Municipalities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate. In lieu of such insurance policies, municipal permittees may provide proof of self-insurance in an amount satisfactory to DEP and municipal and Commercial entities may provide other forms of undertakings, such as, but not limited to, letters of credit in amounts satisfactory to DEP. All permittees must provide proof of insurance, self-insurance or other undertaking annually.
(b)The permittee shall be required to furnish a surety bond in a minimum amount of $250,000 in favor of the City of New York to be continued during the period that City property is occupied by the permittee for siting major improvements or infrastructure, including, but not limited to, the following: • pump stations, • filtration plants, and • other improvements of a similar nature. The purpose of such bond is to cover the cost of any repairs or remediation necessitated by the permittee's use of City property or for removal of permittee's improvements remaining on City property after Permit revocation or termination and restoration of the property to its original conditions after such removal. Such bond shall be continued in force by the permittee until City property is cleared of all encumbrances placed there by permittee and shall not limit in any way the liability of the permittee for damage to life or property resulting from the use or occupancy of City property.
(c)In the event any City infrastructure or lands are damaged by the permittee's use of City property, DEP will determine, based on the nature and location of the damage, whether DEP or the permittee will perform such repair. Regardless of whether DEP or the permittee performs such repairs, the permittee shall be responsible for any and all costs for such repairs to the satisfaction of DEP. If DEP allows the permittee to undertake such repairs, failure to complete these repairs to the satisfaction of DEP may result in revocation of the Permit and any additional legal remedies available to DEP.
(d)In case of emergency, insurance verification must be submitted to DEP within ten (10) business days of the date of emergency Permit issuance.
