HomeMy WebLinkAbout2003-005 Atascadero Girls Softball CITY OF ATASQADER?
CONTR
AGREEMENT BETWEEN
ATASCADERO GIRLS SOFTBALL
AND THE
CITY OF ATASCADERO
This Agreement is made and entered into this date March 11, 2003, by and between the City of Atascadero,
and the Atascadero Girls Softball, for the maintenance, upkeep and use of Traffic Park during the period
from March 1, 2003 until December 31,2005.
1. PARTIES
1.1 City
1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice
under the terms of this Agreement is as follows:
City of Atascadero
Attn: Director of Community Services
6500 Palma Avenue
Atascadero,California 93422
1.2 Atascadero Girls Softball/LESSEE
1.2.1 Atascadero Girls Softball, whose mailing address for notice under the terms of this
Agreement is as follows:
Atascadero Girls Softball
P.O.Box 1402
Atascadero,California 93423
2. TERMS
The term of this agreement shall begin on March 1, 2003. Subject to extension or sooner
termination as hereinafter provided, this agreement shall continue for the term of three (3) years,
with an option for 3 additional years upon mutual consent of both parties.
2.1 Ohligntinns of A tnscadera Girls Softhall
2.1.1 Infield material (dirt)maintenance from February 1st until September 1st each year,
(including base pegs) and all associated costs, under supervision of the City of
Atascadero Parks Maintenance representative.
2.1.2 Routine Custodial maintenance of the Snack Bar and Storage Room.
2.1.3 Remove all trash and litter from the playing field areas, parking lot and playground
area and place in the trash receptacles provided after any field use.
2.1.4 Prohibit and enforce the "No hitting into the fence" rule.
2.1.5 Immediately report any facility damage or vandalism to the City of Atascadero.
2.1.6 Limit restroom/snack-bar facility key distribution to coaches and board members
only.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 1
AND ATASCADERO GIRLS SOFTBALL
2.1.7 Abide by, and enforce the tenants of the ktascadero Youth Sportsmanship
Proclamation. (Attached)
2.1.8 During the priority use period, February 1St through September 1st, Atascadero Girls
Softball will coordinate scheduling of the Traffic Way Park Softball fields for use
on Sundays. Atascadero Girls Softball will maintain a signup calendar and
schedule practices in two (2) hour blocks for all organizations that satisfy the City
of Atascadero insurance and indemnification requirements.
2.1.9 Submit a Facility request form to the City of Atascadero requesting the fields for
the end of season tournament when AGS receives the date as assigned by their
governing body. A$100 cleaning deposit is required and will be refunded if the
facility is left in an acceptable condition. AGS will supply their own field prep
vehicle, chalk,pitching rubbers and any other tournament equipment. All
tournament guidelines will be followed and will be reviewed with the AGS
Tournament Director prior to the beginning of the Tournament. If the Paloma
Creek Park Facility is not going to be used the AGS must contact the City of
Atascadero at the close of their tournament registration deadline.
2.2 nhligationc of the City of Atascadero
2.2.1 Extend second priority use, behind Atascadero Unified School District, of the two
softball fields at Traffic Way Park to Atascadero Girls Softball, free of charge,from
February 1st until September 1st each year. Atascadero Girls Softball may reserve
the two softball fields at Traffic Way Park during their priority use period for other
organizations such as District level tournaments.
2.2.2 Year-around outfield mowing. Aeration, fertilizing and over-seeding when
necessary.
2.2.3 Perimeter weeding and spraying of pre-emergent herbicide, including fence lines .
2.2.4 Routine facility repairs to irrigation systems,bleachers, fencing, gates, etc.
2.2.5 Empty Trash cans
2.2.6 Promote Atascadero Girls Softball annual sign-ups in the Atascadero Recreation
Activity Guide.
2.2.7 Allow Atascadero Girls Softball to place a storage building at Traffic Way Park in a
location determined by City staff.
2.2.8 Provide a list of organizations approved for facility use of the Traffic Way Park
Softball fields on Sundays during Atascadero Girls Softball's priority use period.
2.2.9 Allow Atascadero Girls Softball use of the Paloma Creek Park softball Fields, at no
cost, for the end of the season AGS All Star Tournament held annually the last
weekend in May or the first weekend in June. AGS is allowed use of the two
softball fields and the on-site concession stand(unless occupied by a City of
Atascadero contracted concessionaire) on Saturday and Sunday of the tournament
weekend.
3. INDEMNIFICATION-
Atascadero Girls Softball hereby agrees to, and shall, hold City, its elective and appointive boards,
officers, agents and employees, harmless and shall defend the same from any liability for damage
or claims for damage, or suits or actions at law or in equity which may allegedly arise from
Atascadero Girls Softball or any of Atascadero Girls Softball's employees' or agents' negligent
operations or failure to perform under this agreement, whether such operations be by Atascadero
AGREEMENT BETWEEN THE CITY OF ATASCADERO 2
AND ATASCADERO GIRLS SOFTBALL
Girls Softball or by any o e or more persons directly or indirectly employed by, or acting as agent
for, Atascadero Girls Softball.
4. INSURANCE!
Atascadero Girls Softball shall not commence its services under this agreement until they
have obtained all insurance required under this section and such insurance shall have been
approved by City as to form, amount and carrier:
a. Puhli . T.inhility and Prnnerty Damage Insurance.- Atascadero Girls Softball shall
take out and maintain during the life of this contract such public liability and
property damage insurance as shall protect City, its elective and appointive boards,
officers, agents and employees, and Contractor and any agents and employees
performing work covered by this contract from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise
from Contractor's or any subcontractor's operations under this contract, whether
such operations be by Contractor or by anyone directly or indirectly employed by
contractor and the amounts of such insurance shall be as follows:
(1) Public I.inhilitw Insurance_
In an amount not less than $1,000,000-00 for injuries, including, but not limited to
death to any one person and, subject to the same limit for each person, in an amount
not less than W0,000M on account of any one occurrence;
(2) Property Damage Insurance_
In an amount of not less than $ 500,000-00 for damage to the property of each
person on account of any one occurrence.
b. Proof of Insurance_
Atascadero Girls Softball shall furnish City, concurrently with the execution hereof,
with satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give City at least thirty (30) days' prior notice of the
cancellation of any policy during the effective period of this contract. The
certificate or policy of liability of insurance shall name City as an additional insured
with the Atascadero Girls Softball.
5. TERMINATION OF AGREEMENT
5.01 TERMINATION OF NOTICE
Notwithstanding any other provision of this agreement, any party hereto may terminate this
agreement, at any time, without cause by giving at least 19Q,1 days prior written notice to the other
parties to this agreement.
5.02 TFgMINATION ON ()C'C'ITRRFNC'F OF STATED F.VFNTS- This agreement shall
terminate automatically on the occurrence of any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) The end of the M days as set forth in Section 4.01;
(3) End of the contract to which Atascadero Girls Softball services were necessary; or
AGREEMENT BETWEEN THE CITY OF ATASCADERO 3
AND ATASCADERO GIRLS SOFTBALL
(4) Assignment of this agreement by Atascadero Girls Softball without the consent of
the City.
5.03 TERMINATION RY ANY PARTY FOR DEFATTI.T'
Should any party default in the performance of this agreement or materially breach any of its
provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by
giving written notice of termination to the breaching party.
5.04. TERMINATION-
This agreement shall terminate on D . . .mher 31,2005, unless extended as set forth in this Section.
The City, with the agreement of the Atascadero Girls Softball, is authorized to extend the term of
this agreement beyond the termination date, as needed, under the same terms and conditions set
forth in this agreement. Any such extension shall be in writing and be an amendment to this
agreement.
6. NON-EMP1,0YMF.NT STATITS.
It is understood and agreed by the parties hereto that Atascadero Girls Softball, while engaged in
operation of the program(s) described herein and complying with the terms of this agreement, is
and shall act as an independent contractor and is not an officer, agent or employee of the City, and
officers, employees and agents of Atascadero Girls Softball are not entitled to any of the benefits
of City employees.
7. ASSIGNMENT
Atascadero Girls Softball shall not assign this agreement or any part thereof without the prior
written consent of the City Administrator.
8. AINF.RATIONS
8.01 Any alterations, additions, improvements or changes, that Atascadero Girls Softball may
desire to make to the premises, shall be made at the LESSEE's sole cost and expense and in
compliance with all applicable governmental requirements. All such alterations and/or
improvements shall be made only after first submitting the plans and specifications thereof to the
City and obtaining the consent of the City in writing. Any such alterations or improvements shall at
once become a part of the leased premises and, unless the City exercises its right to require the
LESSEE to remove any alterations that the LESSEE has made to the premises, shall be surrendered
to the City upon the expiration or sooner termination of the agreement.
8.02 If the City elects to exercise its right to terminate this agreement prior to the termination date
established here within, the City will reimburse Atascadero Girls Softball for all direct expenses of
materials related to approved alterations and improvements, not including labor costs or the value of
volunteer labor. Records and receipts shall be required for reimbursements.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 4
AND ATASCADERO GIRLS SOFTBALL
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
opposite their respective names.
CITY OF ATASCADERO
Uj*-h r R—� `
Date:
WADE MCKINNEY, City Manager
ATASCADERO GIRLS SOFTBALL
Date: — CDs
President cadero Girls Softball
ATTEST:
k �� --
Date:
MARCIA TORGERSON,($ty Clerk
APPROVED AS TO CONTENT:
Date:
BRADY CHERRY,Director of Community Services
APPROVED AS TO FORM:
i'� kL Date: -�
ROY Ar, City Attorney
AGREEMENT BETWEEN THE CITY OF ATASCADERO 5
AND ATASCADERO GIRLS SOFTBALL
'MM
DD/YY
ACORD. CERTIFIC E OF LIABILITY INSURA E DA 02/27/03 '
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bollinger, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES EXTEND OR
830 Morris Turnpike ALTER THE COVERAGE AFFORDED BYO THE POLICIES ES BELOW.
Short Hills, NJ 07078-5000
INSURERS AFFORDING COVERAGE
Phone No. 800-526-1379 Fax No. 973-921-2876
INSURED INSURERA: Markel Insurance Company
CCMSA ASA JO Program INSURER B: Markel Insurance Company
Richard Grove INSURERC:
6155 Conejo Road INSURER D:
Atascadero CA 93422-1829 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
Ell -DA1L4MMQQM0--
GENERAL LIABILITY 01/01/03 01/01/04 EACH OCCURRENCE $ 2,000,000
A % COMMERCIAL GENERAL LIABILITY 3 6 0 2AH2 3 0 0 6 9 FIRE DAMAGE(Any one fire) $ 100,000
CLAIMS MADE ®OCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 2,000,000
A % Participant Liabi GENERAL AGGREGATE $ 5.000.000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000
POLICY PRO- LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALLOWNEDAUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR FICLAIMS MADE AGGREGATE $
Umbrella Form $
DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND T RY ITS R
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
E.L DISEASE-EA EMPLOYEE $
E.L DISEASE-POLICY LIMIT $
OTHER
B Accident Medical 4012AH220317-1 01/01/03 01/01/04 Med Max. $250,000
Full Excess
DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLESIEXCLUSK)NS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Coverage applies to liability of the named insured arising out of the administration, play
or practice of amateur softball. Certificate holder is named as an additional insured. This
certificate is issued on behalf of the Member Team(s) : Central California Cruisers 14U-Purple
CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Atascadero
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
Paula Anton
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
6500 Palma Ave IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Rm #107
REPRESENTATIVES.
Atascadero CA 93422 AUTHOR¢EDREPRESENTATIVE
ACORD 25-S(7/97) ®ACORD CORPORATION 1988
THIS ENDORSEF,"cNTCHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED- DESIGNATED PERSON OR ORGIZATION FOR
AMATEUR SOFTBALL ASSOCIATION OF AMERICA ACTIVITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless
modified by the endorsement.
Named Insured
As shown on the attached Certificate of Insurance
Policy Number Policy Period Endorsement Effective Date
3602AH230069 01/01/03-01/01/04 As shown on the attached certificated Insurance
Issued By Authorized Representative
MARKEL INSURANCE COMPANY
The above Information is required only when this endorsement Is prepared alter the policy is Issued
SCHEDULE
Name of Person or Organization
As shown on the attached Certificateof Insurance
A. The following is added to Section II—WHO IS AN INSURED:
The person or organization shown in the above SCHEDULE but only with respect to liability arising out
of the organization,promotion,administration and conduct of amateur softball activities, including
games, practices,tournaments,and fund-raising activities,under the rules of the Amateur Softball
Association of America, provided:
a. That if the person or organization is designated as a Team,the person or organization so designated
shall be deemed to include team members,managers,coaches,assistants,batboys,registered
scorekeepers,sponsors,any other individual participating in the official functions of the team,and if
so indicated,a Field Owner,but only for liability arising out of the designated Team's amateur
softball activities covered under this policy;
b. That if the person or organization is designated as a League,the interest of the League shall not be
included unless all teams in the League purchase this insurance.
When the interest of the League is so included,the person or organization designated as a League
shall be deemed to include all teams in the league and team members,managers,coaches,
assistants,batboys,registered scorekeepers,sponsors,any other individual participating in the
official functions of the League or of any such teams,and if so indicated,a Field Owner,but only for
liability arising out of the designated League's amateur softball activities covered under this policy;
B. DRUG AND ALCOHOL EXCLUSION
With respect to the Person or Organization shown in the SCHEDULE of this endorsement,SECTION I,
Exclusion 2.c. Liquor Liability is replaced by the following:
This insurance does not apply to any claim or suit seeking damages for"bodily injury"or"property
damage"arising out of or allegedly arising out of,or in any way relating to any incidentwhich is claimed
to be caused, in whole or in part,by either:
1.the furnishing,serving,or selling of an alcoholic beverage to;or
2.the intoxication of:
any person who is paryticipating in,or who has participated in within the immediately preceding twelve
(12)hour period,any activity sanctioned,sponsored,condoned,licensed,promoted,organized,
oroperated by any insured.
Intoxication means any impairmentof mental or physical capability or faculties, including but not limited
to, impairment of perception,understanding,judgment,coordination,acuity or sight,smell,taste,
hearing or touch,alertness, reaction time,or inhibitions against antisocial behaviour,caused or claimed
to be caused by any beverage,drug,or narcotic substance.
All other terms and conditions of this policy remain unchanged.
19 59 GL 09 98 Includes copyrighted material of Insuranceservlces office,Inc.with Its permission Page 1 d 1
Copyright,Insurance Services Office,Inc
S
FIELD-USE AGREEMENT
BETWEEN
ATASCADERO GIRLS SOFTBALL
& THE CITY OF ATASCADERO
This Agreement is made and entered into this date January 12, 2007, by and between the City
of Atascadero, and the Atascadero Girls Softball, for the maintenance, upkeep and use of Traffic
Way Park during the period from January 12, 2007 until January 12, 2010.
1. PARTIES
1.1 City
1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for
notice under the terms of this Agreement is as follows:
City of Atascadero
Attn: Director of Community Services
6907 El Camino Real
Atascadero, California 93422
1.2 Atascadero Girls Softball/Lessee
1.2.1 Atascadero Girls Softball, whose mailing address for notice under the terms
of this Agreement is as follows:
Atascadero Girls Softball
P.O. Box 1402
Atascadero, California 93423
2. TERMS
The term of this agreement shall begin on January 12, 2007. Subject to extension or
sooner termination as hereinafter provided, this agreement shall continue for the term
of three (3) years, with an option for 3 additional years (2013) mutual consent of both
parties.
2.1 Obligations of Atascadero Girls Softball
2.1.1 Infield material (dirt) maintenance from January 15th until August 18t
each year, (including base pegs) and all associated costs, under supervision
of the City of Atascadero Parks Maintenance representative.
2.1.2 Routine Custodial maintenance of the Snack Bar and Storage Room.
2.1.3 Removal of all trash and litter from the playing field areas, parking lot and
playground area and place in the trash receptacles provided after any field
use.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 1
AND ATASCADERO GIRLS SOFTBALL
2.1.4 Prohibit and enforce the "No hitting into the fence" rule.
2.1.5 Immediately report any facility damage or vandalism to the City of
Atascadero.
2.1.6 Notify the City of Atascadero's Community Services Department and/or
the City of Atascadero's Public Works Department of any scheduled
maintenance of the softball fields.
2.1.7 Limit restroom/snack-bar facility key distribution to coaches and board
members only.
2.1.8 Abide by, promote and enforce the tenants of the Atascadero Youth
Sportsmanship Proclamation. (Attached)
2.1.9 Submit a Facility request form to the City of Atascadero requesting the
fields for the end of season tournament when AGS receives the date as
assigned by their governing body. A $100 cleaning deposit is required and
will be refunded if the facility is left in an acceptable condition. AGS will
supply their own field prep vehicle, chalk, pitching rubbers and any other
tournament equipment. All tournament guidelines will be followed and
will be reviewed with the AGS Tournament Director prior to the beginning
of the Tournament. If the Paloma Creek Park Facility is not going to be
used the AGS must contact the City of Atascadero at the close of their
tournament registration deadline.
2.1.10 Any tournaments after 9/1 will be charged normal field use fees.
2.2 Obligations of the City of Atascadero
2.2.1 Extend second priority use, after the Community Services Department, of
the two softball fields at Traffic Way Park to Atascadero Girls Softball,
free of charge, from February 1st until September 1st each year.
Atascadero Girls Softball may reserve the two softball fields at Traffic Way
Park during their priority use period for other organizations such as
District level tournaments.
2.2.2 Year-around outfield mowing. Aeration, fertilizing and over-seeding when
necessary.
2.2.3 Perimeter weeding and spraying of pre-emergent herbicide, including fence
lines.
2.2.4 Routine facility repairs to irrigation systems, bleachers, fencing, gates, etc.
2.2.5 Empty trash cans
2.2.6 Promote Atascadero Girls Softball annual sign-ups in the Atascadero
Recreation Activity Guide.
2.2.7 Allow Atascadero Girls Softball to place a storage building at Traffic Way
Park in a location determined by City staff.
2.2.8 Provide a list of any organizations other than Atascadero Girls Softball,
approved for facility use of the Traffic Way Park Softball fields on Sundays
during Atascadero Girls Softball's priority use period.
2.2.9 Allow Atascadero Girls Softball use of the Paloma Creek Park softball
Fields, at no cost, for the end of the season AGS All Star Tournament held
annually the last weekend in May or the first weekend in June. AGS is
allowed use of the two softball fields and the on-site concession stand
(unless occupied by a City of Atascadero contracted concessionaire) on
Saturday and Sunday of the tournament weekend.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 2
AND ATASCADERO GIRLS SOFTBALL
3. INDEMNIFICATION:
Atascadero Girls Softball hereby agrees to, and shall, hold City, its elective and
appointive boards, officers, agents and employees, harmless and shall defend the same
from any liability for damage or claims for damage, or suits or actions at law or in
equity which may allegedly arise from Atascadero Girls Softball or any of Atascadero
Girls Softball's employees' or agents' negligent operations or failure to perform under
this agreement, whether such operations be by Atascadero Girls Softball or by any one
or more persons directly or indirectly employed by, or acting as agent for, Atascadero
Girls Softball.
4. INSURANCE:
Atascadero Girls Softball shall not commence its services under this agreement until
they have obtained all insurance as provided in Exhibit D.
5. TERMINATION OF AGREEMENT
5.01 TERMINATION OF NOTICE:
Notwithstanding any other provision of this agreement, any party hereto may
terminate this agreement, at any time, without cause by giving at least 90 days prior
written notice to the other parties to this agreement.
5.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement
shall terminate automatically on the occurrence of any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) The end of the 90 days as set forth in Section 4.01;
(3) End of the contract to which Atascadero Girls Softball services were
necessary; or
(4) Assignment of this agreement by Atascadero Girls Softball without the
consent of the City.
5.03 TERMINATION BY ANY PARTY FOR DEFAULT:
Should any party default in the performance of this agreement or materially breach any
of its provisions, a non-breaching party, at their option, may terminate this agreement,
immediately, by giving written notice of termination to the breaching party.
5.04. TERMINATION:
This agreement shall terminate on March 1, 2010, unless extended as set forth in this
Section. The City, with the agreement of the Atascadero Girls Softball, is authorized to
extend the term of this agreement beyond the termination date, as needed, under the
same terms and conditions set forth in this agreement. Any such extension shall be in
writing and be an amendment to this agreement.
6. NON-EMPLOYMENT STATUS.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 3
AND ATASCADERO GIRLS SOFTBALL
It is understood and agreed by the parties hereto that Atascadero Girls Softball, while
engaged in operation of the program(s) described herein and complying with the terms
of this agreement, is and shall act as an independent contractor and is not an officer,
agent or employee of the City, and officers, employees and agents of Atascadero Girls
Softball are not entitled to any of the benefits of City employees.
7. ASSIGNMENT
Atascadero Girls Softball shall not assign this agreement or any part thereof without
the prior written consent of the City Administrator.
8. ALTERATIONS
8.01 Any alterations, additions, improvements or changes, that Atascadero Girls
Softball may desire to make to the premises, shall be made at the LESSEE'S sole cost and
expense and in compliance with all applicable governmental requirements. All such
alterations and/or improvements shall be made only after first submitting the plans and
specifications thereof to the City and obtaining the consent of the City in writing. Any
such alterations or improvements shall at once become a part of the leased premises and,
unless the City exercises its right to require the LESSEE to remove any alterations that
the LESSEE has made to the premises, shall be surrendered to the City upon the
expiration or sooner termination of the agreement.
8.02 If the City elects to exercise its right to terminate this agreement prior to the
termination date established here within, the City will reimburse Atascadero Girls
Softball for all direct expenses of materials related to approved alterations and
improvements, not including labor costs or the value of volunteer labor. Records and
receipts shall be required for reimbursements.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 4
AND ATASCADERO GIRLS SOFTBALL
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth opposite their respective names.
CITY OF ATASCADERO
1A)MO h. R Date: 6
WADE MCKINNEY, City Mana r
A;i*de
ADERO GZeoltball
ALL
Date:
t, Ata d
ATTEST:
Date:
MARCIA TORGERSON, Cit Clerk
APPROVED AS TO CONTENT:
Date:
BRADY CHERRY, Director of Community Services
APPED AS TO FORM:
Date:
PAT FNRI , City Attorney
AGREEMENT BETWEEN THE CITY OF ATASCADERO 5
AND ATASCADERO GIRLS SOFTBALL
i
Exhibit D
INSURANCE REQUIREMENTS FOR LESSEE
Lessee 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:
1. Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
2. Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance (for lessees with employees).
3. Property insurance against all risks of loss to any tenant improvements or
betterments.
Minimum Limits of Insurance
Lessee shall maintain limits no less than:
1. 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.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. At
the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the Entity, its officers, officials, employees and volunteers; or
the Lessee shall provide a financial guarantee satisfactory to the Entity guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
AGREEMENT BETWEEN THE CITY OF ATASCADERO 6
AND ATASCADERO GIRLS SOFTBALL
jxhi 79i . .
1. The Entity, its officers, officials, employees and volunteers are to be covered as
insureds with respect to liability arising out of ownership, maintenance or use of that
part of the premises leased to the lessee.
2. The Lessee's insurance coverage shall be primary insurance as respects the Entity,
its officers, officials, employees and volunteers. Any insurance or self-insurance
maintained by the Entity, its officers, officials, employees or volunteers shall be
excess of the Lessee's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AXII.
Verification of Coverage
Lessee shall furnish the Entity with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms provided by
the Entity or on other than the Entity's forms, provided those endorsements or policies
conform to the requirements. All certificates and endorsements are to be received and
approved by the Entity before work commences. The Entity reserves the right to require
complete, certified copies of all required insurance policies, including endorsements effecting
the coverage required by these specifications at any time.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 7
AND ATASCADERO GIRLS SOFTBALL