HomeMy WebLinkAbout1985-172
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RESOLUTION NO.
85-172
2 RESOLUTION OF TIm CITY OF SAN BERNARDINO AUTHORIZING THE
1,:xr:CUTION OF A THIRD M1ENDt1ENT TO llSE LEASE AND AGREEtmNT HITH
3 J. G. GOLFING ENTERPRISES, INC., RELATING TO INSURANCE
REQUIREMENTS.
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DE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The t1ayar is hereby authorized and directed to
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execute on behalf of said Ci ty a Third Amendment to Use Lease and
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IAgreement with J. G. Golfing Enterprises, Inc., relating to
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insurance requirements, which agreement is attached hereto,
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marked Exhibit "I" and incorporated herein by reference as fully
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as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at an adiourncd re9l11ar
meeting thereof, held on
the 13th
day of _----!i~_____, 1995, by the following
vote, to 1fli t:
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AYES:
Connc i I t~embers
Castaneda. _ReilJ-x.. Hernande",-,
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Quiel, Frazier, Strickler
nAYS:
None
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ABSENT:
Council Member MarkL___________.__
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..-c:i ty C er (
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24 day of
The foregoIng resolution is hereby approvec; this __.:<:;)"CX--
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May
, 19R5 ~
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I ayo
Approved as~orm' ~-
I~ ~
, ~
! ,1 ty torney
i ty of San Bernard ino
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THIrD ^MCNnM~NT TO AGREEMENT
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(Use Lease and Agreement)
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THIS THIRD AMENDMENT TO AGREEMENT is made this
day
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of
, 1985, by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter referred to as
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"City", and J. G. GOLFING ENTERPRISES, INC., a California
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corporation, hereinafter referred to as "Company".
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WHEREAS, there is an existing Use Lease and Agreement
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, hetween City and Company relating to the San Bernardino Golf
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WHEREAS, City has the authority, pursuant to Section 12 of
the lease, to unilaterally amend the amounts of public liability
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and property damage coverage and to require additional clauses or
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changes in insurance policies; and
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WHEPEAS, City now desires to amend the agreement to provide
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for an increase in public liability and property damage
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insurance.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
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1. Paragraph 12 of the Use Lease and Agreement dated March
20 29, 1966, is herehy amended to read:
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"12. Insurance
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Lessee snaIl hold City free and harmless from any and every
23 claim, demand or act:lon for damag0s, 8Tlrl any cost or e}:penses in
24 connection therewith, which may arise out of the condition or use
25 of the premises herein described. Lessee shall, at its own
26 expense, obtain and keep in effect a policy of public liability
27 insurance in the amount of $5,000,000.00 single limit bodily
28 injury Bnd $1,000,000.00 property damage, in usual form of public
EXHIBIT
liahility and property damage policies, to he DPproved by City.
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City shall be named as an additional insured and the policy shall
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contain the following provision:
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The unqualified word 'insured', wherever uned in
this policy, also includes the City of San
Bernardino, California, but solely as respects any
liability arining out of the operations of the
named insured.
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It is further agreed that such insurance as is
afforded by this policy to the City of San
Bernardino, California, as additional insured
under this policy, shall he primary insurance and
not contributing with any other insurance
available to the City of San Bernardino,
California, unner any thi.rd party liability
policy. It is further agreed that the 'other
insurance' condition of this policy is amended to
conform therewith.
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It is further agreed that the above insurance for
the City of San Bernardino, as additional insured,
affords coverage for accidents attributable to the
general supervision by City of such operations,
but excludes liability for accidents resulting
from any acts or omissions of City or any of its
employees.
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17 The policies, or duplicates thereof, shall be filed with the
18 City; provided, however, the City reserves the right to change
19 Ithe amounts of public liability and property damage coverage and
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20 'to require such additional clauses or changes in said insurance
21 policy or policies as shall be recommended by the City Attorney
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22 j'for th,: Cjty~
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ThR r,psnee 5t_all, at its OWIl expeIlse, also keep all
24 improvements erected on the leased premises adequately insured
25 against fire by policien in such form and amounts as shall he
26 ]approved by the City Attorney for the City, and all poliCies
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27 ishall contain extended coverage ann insure against theft,
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28 malicious mischief and vandalism. In all sllch poliCies a loss
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payable clause ~h211 be included in favor of City, as its
2 interest may appear.
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Certificates of insurance, showing strict compliance with
4 nIl of the requirements of this paragraph I? shall be furnished
5 to City and shall further provide that City shall be given thirty
6 (30) days' notice prior to cancellation of any or all policies."
2. All other terms, conditions and covenants of said
8 agreement shall remain the same awl be in full force and effect.
9 IN WI TtJESS HlIEREOF, the Ci ty and Company executed th is Third
10 Amendment to Agreement on the date first hereinabove written.
II CITY OF SAN BERNARDINO
ATTEST:
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By
City Clerk
Hayor
Approved as to form:
C~~~
J. G. GOLFING ENT~RPRISES,
INC.
By
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Federal Identification Number
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