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HomeMy WebLinkAbout1997-010 Beach Cycles Rentals of Pismo Beach AMENDMENT The City of Atascadero hereby amends Section 4.04 of the lease assigned to Lloyd Reeves for the lease of premises and operation of an equipment rental concession at Atascadero Lake Park. This amendment extends the terms of the agreement one (1) additional year. Rental consideration by the Contractor during the two additional years, except where specified otherwise, will be determined at the same rate as the final year of the original agreement, $2,500.00 per year and 9% of gross receipts. The Agreement shall terminate on December 31St, 2004, unless otherwise extended or terminated by provisions of the agreement. The contract is attached hereto as an exhibit and included as though fully set forth herein. PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: (Public Works Department) B. Lloyd Reeves Atascadero Kayak and Sail P. O. Box 689 Atascadero CA 93423 Executed on 1 3 , 2004, at Atascadero, ATTEST: CITY OF ATASCADERO By: Marcia McClure To gerson V Wa-d- e- McKinney City Clerk Mayor APPROVED AS TO FORM: c,L By: Roy anley Lloyd Reeves City Adorney Contractor APPROVED AS TO FORM: Rachelle Rickard Administrative Services Director 1 N4101 s - April 7th, 2004x , Dear City Council Members; As I am on a family vacation I regret to not be here in person. I do wish-td- thank you for allowing me to run the rental boat concession the last four years. I am looking forward to this summer and have in fact been open since the first weekend this past month. Once again Judy Caswell will be working the lake. Proposed highlights for summer 2004 are: (1) 4 brand new pedal boats have been added. (2) A joint effort with the Rec. department where once again we will have a "Kids Kayak Camp". (3) A fund raiser for the Zoo in the form of a 2 hour paddle-a-thon. (Tuesday, June 29th, 6pm to 8pm) (4) A 200 meter sprint event free for any human powered craft. (Wednesday, July 14th, 6pm to 7:30pm) (5) Will will be open late for both Tuesday and Saturday evening concerts in the park. Sincerely, Lloyd Reeves - cell 805-441-7463 ps. I'd be happy to talk about bringing in the electric powered WWII submarine replica for summer 2005 if you are interested! a 9 Contract No. 97010 AGREEMENT FOR SERVICES BY CONTRACTOR PADDLE BOAT, WATERCRAFT AND RECREATIONAL EQUIPMENT CONCESSION OPERATION AT ATASCADERO LAKE PARR APRIL 26, 1997 - DECEMBER 31, 2001 This agreement is made upon the date of execution, as set forth below, by and between "BEACH CYCLE RENTALS OF PISMO BEACH" hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 RENT/ PERCENTAGE OF GROSS SALES RECEIPTS: In consideration for the terms of this agreement, the contractor will pay the City an annual flat fee and percent of the total gross earnings monthly of all monies from sales received by the Contractor from the use of the equipment and premises described in this contract. The annual flat fee and percentage will be paid according to the "Exhibit B" . Gross earnings shall not include any sales or excise taxes imposed by any governmental entity. Payment to the City of Atascadero of the monthly flat fee payment and the percentage gross of earnings received shall be made by the tenth (10th) day of each month. Payments are required to be submitted to the City of Atascadero, Department of Community Services, Room 107, Atascadero, California (Attention: Geoff English, Recreation Supervisor) . 1 000063 NOW Payments received from the tenth (10th) of each month to the twenty-fifth (25th) of each month shall be considered delinquent and assessed a ten percent (10%) penalty. Payments received after the twenty-fifth (25th) of each month shall be assessed an additional ten percent (10%) penalty. Failure by the Contractor to tender payment to the City within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this agreement. 1.04 LOCATION: Premises of operations is the boat docks located adjacent to Atascadero Lake in Atascadero Lake Park, 9315 Pismo Avenue, Atascadero, California. 1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of any sort granted by this agreement to any person or persons whatsoever without prior written consent and approval by the City. 1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books and records showing all of its business transactions in separate records of account for the concession operation, in a manner acceptable to the City. the City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records. The City may require Contractor, at his expense, to have his records and accounts audited by an auditor acceptable to the City and shall present said audit to the Director of Administrative Services within thirty (30) days after the completion of the audit. If Contractor fails to provide the required audit, the City shall contract to have an audit performed at the Contractor's expense. 1.07 CONDITIONS OF PREMISES: The taking of possession of the subject premises by Contractor shall, in itself, constitute acknowledgement that the premises are in good and tenantable condition. Contractor agrees to accept said premises in the present existing condition, "as is" and the additions, or betterments thereto. Contractor may construct or modify the said premises with prior written approval by the Director (or designee) of the Department of Community Services. Any plans for such construction, if applicable shall be submitted to the City for approval. Such construction or modification shall be without cost to the City. 2 0000F4 1.08 . SIGNAGE: All signs, names or placards shall be approved by the Department of Community Services prior to installation. All signs must meet all requirements and specifications as set forth by the City. 1.09. DAMAGE TO/DESTRUCTION OF PREMISES Should the subject premises or the building and other improvements in which the subject premises are situated be totally or partially damaged or destroyed, the City shall promptly repair the same, except that the City shall have the option to terminate this Agreement if (a) the subject premises or the building and improvements in which the promises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to the City; or (b) if the costs of such restoration would exceed one-half ( 1/2 ) of the full insured value of the building and other improvements in which the subject premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given here shall be given to Contractor with fifteen ( 15) days after City determines the period of time required for and the estimated cost of such repair or restoration. 2.00 OBLIGATIONS OF CONTRACTOR 2 .01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 2.02 HOURS OF OPERATION: Hours of operation to be established by Contractor upon mutual agreement with the Director (or designee) of the Department of Community Services. 2 .03 PERMITS: Contractor is required to provide City, prior to commencement of operation of concession, a copy of a City Business License and a Board of Equalization Certificate. 2 .04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which may be levied by government entities. 3 0-,')00 2 .05 EQUIPMENT: Contractor, at his own expense, shall completely equip the concession and keep all equipment in a good repair and in safe operating condition in a manner to satisfy of the Department of Community Services throughout the term of this contract. Daily inspections of the contractors equipment must be maintained and available for review upon request of the City of Atascadero. Contractor shall have a right to use five (5) City owned paddle boats and floating dock area. In addition, the Contractor shall have the right to use a fenced cemented area directly in front of the floating dock area. 2 .06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The City has the right to inspect and schedule the prices and rates of goods sold upon the subject premises. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise/ deemed necessary for proper service to the public. Contractor shall post rates and prices of all items in such places as designated by the City. 2 .07 SECURITY / COMMUNICATIONS: The contractor agrees to provide telephone and security alarm services to concession throughout the duration of this contract at contractor's expense. 2 .08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement. 2 .09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents has no right to work- er's compensation and other employee benefit. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2 . 10 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, 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 Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such opera- 4 000066 `iwrr� �r tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2 . 11 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor 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, the amounts of such insurance shall be as follows: ( 1) Public Liability Insurance. In an amount not less than $500,000 per injury, 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 $1,000,000 on account of any one occurrence; (2 ) Property Damage Insurance. In an amount of not less than $50,000 for damage to the property of each person on account of any one occurrence. 5 O i1 0067 `Mrs' (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $50,000 for each accident. (4 ) Worker's Compensation insurance. In the amounts required by law, if applicable. b. PROOF OF INSURANCE. Contractor 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 Contractor. 2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this Agreement, Contractor, at its own cost and expense agrees: a. To maintain throughout the agreement term in good sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the five (5) City-owned paddle boats, the floating dock area and the fenced, cemented area directly in front of the floating dock (b) any personal property of the Contractor situated in or upon the subject premises; b. To notify the City promptly of any damage to the subject premises situated resulting from or attributable to the acts or omissions of the Contractor, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Contractor's sole cost and expense. C. Contractor waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Contractor's right to make repairs and to deduct the expenses thereof from the monthly payment payable by the Contractor. 2 . 13 UTILITIES: Contractor shall pay the actual utilities, including water, gas, and heat, light and power supplied to the subject premises. There are customary and reasonable 6 000068 �wr✓ charges one would expect to pay for these services. The contractor agrees to pay their fair share of all utilities including water, gas, heat, light and power supplied to subject premises, based on the percentage of square feet of subject premises compared with the utility charges for the entire building site, up to a maximum charge of $200.00 per month. The charges will be billed to the Contractor monthly, and payable to the City of Atascadero. Contractor shall make all arrangements for and pay the charges when due for telephone service. The suspension or interruption in utility service to the leased premises for reasons beyond the ability of City to control shall not constitute a default by City or entitle Contractor to any reduction or abatement of the monthly payment due to the City. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3 .02 PLACE OF WORK: City agrees to furnish the use of the floating docks located in Atascadero Lake Park use by the Contractor while performing the services described within this contract. 4.00 TERMINATION OF AGREEMENT 4 .01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4 .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 ) Sale of the business of any party; (3) Death of any party; (4 ) The end of the thirty (30) days as set forth in this agreement (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 7 000069 yam,, 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 .04 TERMINATION: This Agreement shall terminate on Decmeber 31, 2001, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 4 .05 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor within thirty (30) days before the expiration or termination of the agreement, may elect to require Contractor, at its sole cost and expense, to remove the alterations specified by City in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the subject premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of the City's notice. This stipulation will not affect any improvements agreed to by the Director of Community Services, as described in Section 1.07 of this agreement. 5.00 MISCELLANEOUS 5.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 5.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 5.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 .03. 5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such 8 000070 relief as may be granted, to a reasonable sum as and for attorney fees. 5. 05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act. 5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Department of Atascadero, CA. 93422 Community Services Attention: Recreation Supervisor (805) 461-5003 / 461-5002 B. CONTRACTOR BEACH CYCLE RENTALS 150 Hinds Avenue Pismo Beach CA 93449 Attention: Bill Rabenaldt (805) 773-5518 5.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 9 0000,71 5.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 5 .09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5. 11 TIME: Time is expressly declared to be of the essence of this agreement. 5 . 12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 5. 13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 5. 14 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. 10 0000'72 ' Vow Executed on April 8, 1997, at Atascadero, California. Attest: 4Mayor A CADERO TL gy. MARCIA TOR RSON N City Clerk Approved asto form: 0 ,r ROY ANLEY, CONTRACTOR Ci Attorney 11 0000'73 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall provide consultation and professional management services to City as follows: The Contractor shall utilize said premises for the following purposes: A. Premises shall be used for the purpose of renting paddle boats, appropriate watercraft, bicycles and other mutually agreed upon recreational equipment. B. Furnish and install at his own expense, all necessary equipment required for proper service to the general public. C. The storage and service thereof shall be in an area approved by the Director of Community Services. D. Furnish and maintain proper facilities, equipment and devices for the concession as herein provided. E. Operate the facility in a business-like manner to the satisfaction of the Department of Community Services, and maintain said areas in conformance with the highest standards of health and safety for patrons of said operation. F. All items to be sold shall be approved by the Department of Community Services. No food or beverages may be sold. C: \WP51\CNTRCTS\NCIINC96.LEA 12 0000`74 EXHIBIT B CONTRACTOR PAYMENT SCHEDULE Contractor will pay the City Annually: YEAR FLAT FEE PERCENTAGE OF GROSS RECEIPTS 1997 $ 2,000.00 5 % 1998 $ 2,500.00 6 % 1999 $ 2,500.00 7 % 2000 $ 2,500.00 8 % 2001 $ 2,500.00 9 % C: \WP51\CNTRCTS\NCIINC96.LEA 12 000075 04/23/1997 14:29 181899344:38 DE PAI-NIA IP43• PAGE 03 D. CERTIFIC OF LIABILITY INSUR VC1jgAcLcxl D04/23/97 PRODUCER THIS CE TIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FRIGHTS UPON THE CERTIFICATE De Palma Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 8700 Ramada Blvd, , Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Northridge CA 91324-4041 COMPANIES AFFORDING COVERAGE COMPANY Pn o. 81 - -87 F..Na.81$-993-4438 A Calvert Insurance Cearpany INSURED •� COMPANY B Beach Cycle Rentals COMPANY Bill Rabenaldt C 150 Hiner Ave. COMPANY Piamo Beach CA 93449 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE,INSURED NAMED ABOVE FOR THE POLICY PE RIOC INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS GATE IMMlDDIYY) OAT£(MMRR)IVY) 6ENERALLJAMUTY GENERALAGORF,ATE S 2000000A X COMMERCIAL GENERALLMtLITY BID020056 06/19/96 06/19/97 PRDOU�COMProP S 2000000 -------��-����----------, CLAIMSMADe 141 OCCUR IPERSONAL&ADV INJURY 11 1000000 YYNER'S b CONTRACTOR'S PRfYT j Pp,cH occuRRENCErM f 1000000 FIRE DAMAGE(Any ony roe) S 50000 MFD EXP(Any One person) ( 5000 AUTOMOBILE UAINLrrY ANY AUTO COMBINED SINGLE,OMIT b ALL CLAMED AUTOS I b(IDILY INJURY f - SCHEDULED AUT08 I (PILI Mrwnl HIRED AUTOS F--i GODLY INJURY S _ NON-0~0 AUTO$ I I(Pw 9L.O(II) PROPF,RTY DAMAGE S GARAGE UAOIUTY AUTO ONLY-EA ACCIDENT ! ANY AUTO OTHER THAN AUTO ONLY. — EACHACCIDENT j i L AGGREGATE S E)(ClSS UAIRL17Y EACH OCCURRENCE 'S_ UMBRELLA FORM AGGREGATE OTHER THAN UMSRELLA FORM s WORKERS COMPENSATION AND TOR57 TLI• DTH, i EMPLOYERS LIABIUTY ( V THE PROPRIfTORI I EL EACH ACCIDENT �f - PARTNER"XECVTNE I (INCL I I I EL DIF ICV LIMIT 3 OFFICERS ARE: n EXC. EL U(8EA5E•EA EMPLOYEE f OTHER A Property BID02005606/19/96I 06/19/97 Contents 25000 i DlSCR1P'TION OF OPERATTONVLOCATIONSNEHICLESMPEC1AL ITEMS THN C$RTIFICATg HOLDER I5 NAMM AS AN ADDITIONAL INSURED (LANDLORD) AT TMZ INSURED'S LOCATION AT 9305 PIBHO ST., ATASCADSRO, CA 93422 ON THR ABOVE POLICY. CERTIFICATE HOLDER CANCELLATION CITYATI SHOULD ANY OF THE ABOVE DEOCRIBlD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL The City of Ataacadero 30_DAYS WRITTEN NOTK E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Daot f Ungl iah BUT FAILURE TO MAIL SUCH NOTICE YNALL IMPO O OBLIGATION OR LIABILITY 6500 Palfna at. Atascadero Ch 93422 Of qN0 UPON THE COMPANY, AClNT OR RE liENTAnvE>t. AUT140RUP REPRESENTATIVE ACORD 2"(1196) 0ACORD COnPORATION TD88 04/23/1997 14:29 18189934436 DE PALMA INS. PAGE 02 c VQM�- CERTIFIC E OF LIABILITY INSU NCgSR LwOATE(MMroOm) PRODUCER 1 —__=24L23/97 THIS C FICATE I8 ISSUED AS A MATTER OF INFORMATION De palma Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8700 Reseda Blvd. , suite 105 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Northridge CA 913 2 4-4041 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, �._ COMPANIES AFFORDING COVERAGE I COMPANY --- -- INJURED _g `87 F• 81 - 93- 438 I A Lexington Ing, Co, IN COMPANY - B Beach Cycle Rentals COMPANY -- 8111 Rabods A � 154 Kinds AVG. l--_. Pismo Beach CA 93449 I COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 18SUFD TO THE INSURED NAMED ABOVE FOR THE POLify PERIOD INDICATED,NOTWTHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIF, CERTIf ICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM5. EXCLUSIONS AND CONDITIONS OF SUCH POLIC(E8.LIMITS$NOVAµMAY HAVE BEEN REDUCED BY PAID CLAIMS. LIR F OP INSURANCE POUCY NUMBER ��LICY EFCECTIVE POLICY EXPIRATION j DAT!(MMIDO/Wj DATE(MN/DDM') GENERAL LIABILITY LIMITS i � A I—�I(—CO_MMEHCALOENkRALL1ABILITY 5351078 I GENtRALAGGREGATE $ 1000000 03 18 97 03/18/9$ rPRODUCTS COMPlOPA.,,- O OOO �' CLAIMS MADE I�OCCUR / / OWNER'S 8 CONTRACTOR'$PROT I }PERSONAL 8 ADV INJURY $1000000 f I EACH_OCCURRENCE f 1000000 FIRE DAMA3E(Anyone rue)--j$ 5 0 0 0 0 FIALL L";U TY MED EXP(Any one perAon) )S S OO O f i COMBINED SINGLE LIMIT f DAUT09ED AUTOS 8000.7INJURYOS (Per Dereonl f I NON--OWNED AUTOS ( j BODILY INJURY f V� --- _ I (Per saidenq PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY.EA ACCIDENT I f OTHER THAN AUTO ONLY -- I� EACH ACCIDENT f =:UMSIFtEaLLAFORM I AGGREGATE f EACH OCCURRENCE f I to FORM AOG�REGATE f WORKERS COMPEL-OTIO14 AND I f EMPLOYERS'LIABILITY f WC STATU- OTH• ORY LIMITS , w ER THE PROPRIETOR INCL EL EACH ACCIDENT �s PARTNERS/EI(ECUTIVE LEL DISEASE POLICY OMIT )f OFF)CERSARE. EXCL I L. OTHER El DISEASE-EA EMPLOYEE f DEfK71iPTION OF OPER#TiONSILOCATION�lVEN1CLEB/BPICIAL R!M' THE CERTIFICATE HOLDER is NADsW AS AN ADDITINAI, INSURED (LANDLORA) OTHE ABOVE INSURND'S POLICY AT THE LOCATION or 9305 PISMO ST. , ATASCADERO,N CA 93421. CERTIFICATE HOLDER CANCELLATION CITYATI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE lXPIKATION DATE THEREOF,r"E ISSUING COMPANY WILL ENDEAVOR TO MAIL The City of Jltaacadero Oeoff engl i oh -SZ-GAYS WRITTEN NOnC9 TO THE CERnFICATE MOt PER NAMED TO THE LEFT. 6 500 Palma S t- BUT FAILUR!TO MAIL SUCH NOTI HALL IMPOSE NO OBLIGATION OR LIABIUry Atascadero CA 93421 OF ANY KIND UPON THE COMPA ,I AGIN REPRESENTATIVES. AUTHOR RlPREJENTAt/YE \CORD 25-8(1/96) Q t�–� CACORD ORPORATION 1988 llriw RESOLUTION NUMBER 21-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BEACH CYCLE RENTALS OF PISMO BEACH FOR CONCESSIONAIRE RIGHTS AT ATASCADERO LAKE PARR TO RENT WATERCRAFT, BICYCLES AND RELATED RECREATIONAL EQUIPMENT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Bill Rabenaldt of Beach Cycle Rentals of Pismo Beach for concessionaire rights to rent watercraft, bicycles and related recreational equipment at Atascadero Lake. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 8th of April, 1997 . ATTEST: CITY OF CAD RO MARCIA M. TORG'ERSON,Ckity Clerk RAY JOHNS N Mayor APPROVED AS TO _ORM: ROY . HA EY, City ttorney