HomeMy WebLinkAbout28-City Attorney
CI\..r OF SAN BERNARDQO - REQU~T FOR COUNCIL A~ON
From:
RALPH H. PRINCE
Su~ect: AMENDMENT TO USE LEASE AND
AGREEMENT - SAN BERNARDINO PUBLIC
GOLF COURSE
Dept:
CITY ATTORNEY
Date: April 26, 1985
Synopsis of Previous Council action:
None.
Recommemled motion:
Adopt resolution.
.
.~"~2
FUNDING REQUIREMENTS:
Amount:
n/"J
Phone: 50<;6
Ward: Third
Source: Ria
Finance: nia
Contact person:
SUSAN A HOPKTNS
Supporting data attached:
St"ff Rppnrt
Council Notes:
75_0262
Agenda Item NO~ ~
cp,.., OF SAN BERNAR~O - REQU~T FOR COUNCIL AoJION
STAFF REPORT
The Water Department recently brought to our attention its
concerns about the amount of public liability insurance required
to be maintained by the San Bernardino Public Golf Course. The
San Bernardino Public Golf Course is now required to keep in
effect policies of public liability insurance in the amounts of
$300,000 and $500,000 for death or personal injury, and $50,000
for property damage. These amounts were required by resolution
in 1966 and are inadequate by today's standards. The City's
Director of Risk Management recommends increases to $5,000,000
single limit bodily injury and $1,000,000 property damage. The
Use Lease and Agreement entered into by the City in 1966
authorized, at Section 12, the City to change the amount of
public liability and property damage coverage. We have contacted
Jon Grossman, President of J. G. Golfing Enterprises, Inc., the
golf course lessee, who advises he currently maintains a
$5,000,000 umbrella policy. He has agreed to send the City a
copy of that policy and does not object to amendment of the lease
to require the amounts recommended.
75-0264
.....
'-"'"
-""
/
PF:--,()lJn'j on ihl.
2 r:;,,::;o;)1TTOI' 0/ TW: r,J'T~' 0;;' SAN BEf'.I,A:~InIW AUTIJO:!JZIHt~ 1'1":
:':X:':(~I]'no'l 0/ AT/lIP;) f.t"'::NDI'1r:NT TO Il!';]': 1.lcA':F "',!!) A(;R~:1,:t1F\JT \J!T:l
3 .1. G. GOLVING ~NT~RDR]~F3, INC., RFLATING TO INSURANCE
REQIJJPf:MSNTS.
4
DE IT RESOLvED BY THE MAYOR AND COMMON COUNCIL OF TOE CITY
5 OF SAil BF:RNARDINO M; f"OLL01.S:
6
SECTIot! 1. The 11ayor is hereby authori zed ami directeti to
7
execute on behalf of sai.d City a Third Amendment to Use Lease and
8
Agreement with J. G. Golfing Enterprises, jn~., relating to
9
insurance requirem~nts, which agreement is attach..d hen'to,
10
marked j;;xhibit "I" and iTlcorporatf'ci herein hy reference as fully
II
as though Sf't forth at length.
12
1 HEREBY CERTHY that the foregoing resolution ~Ias duly
13
adopted by the Mayor and Common Council of the City of San
14
r.ernardino at a
mf'eting thereof, hf'ld on
15
thf'
(Jay of
, 1980" by the fo110win~
16
vote, to wit:
17
A YE~,;:
COllnel1 Members
18
19
!lA'/:: :
20
A,s:-;rlJT:
21
22
---ri ty'- ;':l(;r~r--'-~-'----'-'-_._.-
2J
;;iP
'-C'_l-P'~.(;: :V: ~''?~'(JJ.1Jtj_()'1 i~j hprel,y
ap;)rOVe,_l th~_:~
25
I
I!day of
I
1Ql';,.
24
26
I: Mayor-a:! thf' ITFyorSari.-P,ern,qrdino--'
I:AP~"d a\ ~/;/7 ~,
1~.//. _~~-l./.Z"~::u~C-C/
j'->:ty jKetoI'n!?)'
I
I
I
I
27
28
/
....
'-'
"",,.#
,
Till flJ; n-H:iiDt-',r;PT TO AI;,,:l vr~i.;rH
2
(Use l~a9~ and Agreement)
J
TI-1J,C; Tl!lPi' At-'lr~tlD~1F;NT TO AGRELt1~;NT i:3 made this
day
4
of
, 19H~, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 "City", and J. G. GOLfING ENTERPRISES, INC., a California
7 corporation, hereinafter referred to as "Company".
8 WIJEPE:AS, there is an existing llse Lease and Agreement
9 hetween City Bnd Company r~latin8 to the San Bernardino Golf
10 Cours~; and
11 WHER~AS, City has the,authority, pursuant to Section 12 of
12 the lease, to unilaterally amend the amounts of public liability
13 and property damage coverage and to require additional clauses or
14 changes in insurance policies; and
15 WHEREAS, City now desires to amend the agreement to provirle
16 for an increase in public liability and property damage
17 insurance.
18 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
19
1. Paragraph 12 of the Use Lease and Agreement dated March
20
I
,
I
I' ~c;
! ,_.,
Ii
II
1Q6G, is hereby amended to read:
21
"1.7. Insuran~e
22
Le~~;s~p sn31i_ hOld City fref' And haXP11ess from any and every
23 ~laiQ, d~n!and or J~t'ion tor ~Rr(18g~s, RTlri any cost or e}:pe{l~:e~ in
24 connec t ion therewith, wh ieh may ar ise out of the cond j tion or use
,~ !of tile premises herein descril)ed. Lessee shall, at its own
..,
26 expense, obtain and keep in effect a policy of public liability
27 insurance in the amount of $:',000,000.00 sinp;le limit bodily
28 ,;.llj'ny 8nd':1,ri()(J,O/lO.OO property damage, III usual ,corm of publir:
EXl.""'l~
Ill;;; I
1...-
'-'
'''""",
l'itlldlity And r'rnpf"'rty d.'1mar.~" pf)]j(:",-p~;, to hr:- Qppro',€'d by (~ity.
2 City shall he nam~J as an additional insured and the policy shall
3
contain the following provision:
4
The unqualified word 'insurecl,', wherever u!Jed in
this policy, also includes the City of San
Bernardino, California, but solely as respects any
liability arising out of the operations of the
named insured.
5
6
7
It is further agreed that such insurance as is
afforded by this policy to the City of San
Bernardino, California, as additional insured
lIndpr thi,s policy, shall he primary inRurance and
not contrihuting "ith any other insurance
available to the City of San ElernarcHno,
California, under any third party liability
policy. It is further agreed that the 'other
insurance' condition of this policy is amended to
conform therewith.
8
9
10
II
12
13
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.
14
15
16
17 The policies, or duplicates thereof, shall be filed with the
18 City; provided, however, the City reserves the right to change
19 the amounts of public liability and property damage covera~e and
20 to require sllch additional clallses or changes in said insurance
21 policy or poliCies as shall be recommended by the City Attorney
22 for tho C:i ty.
23
'-C'i).'" .! ,~-'~; ~J:~:' r;!. ~ 11, :8 t ~. ts 0\.'11 e;{pf'DSe, a 1. so k.eep all
24 improvements erected on the leased premises adequately insurerl
25 a~alnst firp by policips in such form arId amounts as S11311 hA
26 approved by the City Attorney for the City, and all policies
27 shall contain extended coverage anrl insure against theft,
28 maljcious rrti.sch-;.pf and vandall.8m. In all SlH:h policien D losfi
!
t
- ,,,,.
-
"0..-.,,/
p.?y.p!',lc ("]"1J~;D ~h211 lv~ inr,11Jrler1 in fAvor nf City, as it~
2 :lnterer,t may RppeiJr.
3
Certificates of insurance, showing strict compliance wit~
4 all of the requirements of this paragraph 17 shall be furnished
5 to City and shall further provide that City shall be given thirty
6 (30) days' notice prior to cancel1ation of any or all policies."
7
2. All other terms, conditions and covenants of said
8 a~reement shall remain the same and be in full force and effect.
9 IN WITNESS ~HEREOF, the City and Company executed this Third
10 Amen~ment to A~reement on the date first hereinabove written.
II CITY OF SAN BERNARDINO
ATTEST:
12
13
By
Hayor
14
Ci ty ---clerk
15
Approved as to form:
16
I7
18
19
20
.J. G~ GOLFING ENTSRPRI3ES,
INC.
21
22
F~'/
n
':_' I T'L !.::
24
:1
II
Federal Identification Number
25
26
27
28
il
II
I:
I
I ~
l