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HomeMy WebLinkAbout0005_4_PSA La Laguna - Exhibit C Amendment No. 2AMENDMENT NO. 2 TO AGREEMENT FOR OPERATIONAL MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH THIS AMENDMENT NO. 2 TO AGREEMENT FOR OPERATIONAL. MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH ("Amendment No. 2"), dated for identification purposes as of May 31, 2016, is made by and between the CITY OF LAKE ELSINORE, a municipal corporation (hereinafter referred to as "City") and WILLIAMS BAIT & "TACKLE, INC., a California corporation, doing business as William's Bait, Tackle and Boat Rental (hereinafter referred to as "Operator"). RECITALS This Amendment No. 2 is made with reference to the following facts which are a substantive part hereof: A. City and Operator have entered into that certain agreement entitled "Agreement for Operational Management of La Laguna Resort and Boat Launch" dated as of June 1, 2015 and that certain Amendment No. I to Agreement for Operational Management of La Laguna Resort And Boat Launch dated December 1, 2015 (as amended, the Amended Agreement'). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Amended Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows: I. Section 3.2, Term, of the Amended Agreement is hereby amended to read in its entirety as follows: 3.2 Provided Operator is not then in default under the terms of this Agreement, at the expiration of the Initial Operating Term, the City (acting through its City Manager) and Operator may, upon both party's mutual agreement, extend the term of this Agreement with respect to the Premises as follows: a. for one (1) six (6) month term, on the same terms and conditions as contained in this Agreement (the "First Extension'). The parties have previously agreed to the First Extension pursuant to Amendment No. 1; b. for one (1) seven (7) month term (commencing on June 1, 2016), on the same terms and conditions as contained in this Agreement (the "Second Extension'). 'The parties agree to the Second Extension pursuant to Amendment No. 2; C. for one (1) six (6) month term, on the same terms and conditions as contained in this Agreement (the "Third Extension'); d. for one (1) six (6) month term, on the same terms and conditions as contained in this Agreement (the "Fourth Third Extension'); Second Amendment to La Laguna operations Agicement 052416 1 e. for one (1) six (6) month term, on the same terms and conditions as contained in this Agreement (the "Fifth Extension"). The First, Second, Third, Fourth and Fifth Extensions, if exercised upon the mutual agreement by the City and the Operator as provided herein, are hereinafter referred to as the "Extension Term." 2. The third sentence of Section 4.5, Revenues and Payments, of the Amended Agreement is hereby amended to provide that any check or draft be made payable to Williams Bait & Tackle, Inc. 3. Exhibit `B", "Schedule of Fees and Hours" is hereby replaced with the exhibit attached to this Amendment No. 2 and identified as Exhibit `B", "Amended Schedule of Fees and Hours (Effective 6/1/2016)." 4. Except for the changes specifically set forth herein, all other terms and conditions of the Amended Agreement shall remain in full force and effect. Second Amendment to La Laguna Operations Agreement 052410 2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 on the respective dates set forth below. DATED: !% - -?I-,f , 2016 DATED: ::FA -71/4 12016 ATTEST: City Clerk APPROVED AS TO FO Attorney Second Amendment to La Laguna Operations Agreement 052416 3 WILLIAMS BAIT & TACKLE, INC., a California corporation, doing business as WILLIAMS BAIT, TACKLE AND BOAT RENTAL By: William Johnson, 599i'dent CITY OF LAKE ELSINORE, a municipal corporation by: Gr ates, City Manager EXHIBIT "I3" AMENDED SCHEDULE OF FEES AND HOURS (Effective 6/1/2015) During the months of .Tune through October the following services will be provided from the hours of 6:00 am until 8:00 p.m.: Management services Weekly Supervision of Gatehouse and Grounds Staff 35 hrs Grounds and Gatehouse Staff 210 hrs Weekly Billing $7,995 During the months of November through March the following services will be provided from the hours of 7:00 a.m. until 5:00 p.m.: Management services Weekly Supervision of Gatehouse and Grounds Staff 30 hrs Grounds and Gatehouse Staff 110 hrs Weekly Billing $4,782 During the months of April and May the following services will be provided 7:00 a.m. until 6:00 p.m.: Management services Weekly Supervision of Gatehouse and Grounds Staff 35 hrs Grounds and Gatehouse Staff 120 hrs Weekly Billing $5,061 Billing rate is subject to change based on applicable changes to federal, state and local employment laws. Increased hours of service will be available on written request from the City of Lake Elsinore. Increased fees will be based upon a percentage of additional hours of service. Week or Weekly means Monday through Sunday. COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MMIDDIYY) AGENCY ROBERT DAPPER INSURANCE AGt:NCY 06/03/2016 Name 17632 IRVINE BLVD 8100 g This certificate is issued as a matter of information only and confers no rights TUSTIN, CA 92780 upon the certificate holder. This certificate does not amend, extend or alter the Address coverage afforded by the policies shown below. Bus N 657-600-8106 Fm*714-876-1449 COMPANIES PROVIDING INSURANCE cOMPANY LETTER Welham COMCiVJY ""E' A: Scottsdale Insurance Company y INSURED .lohnson. Name DBA Williams Bait and Tackle and Boat Rentals COMPANY LETTeR & 32040 Riverside Drive COMPANY Address Lake Elsinore, CA 92530 LETTER COVERAGES THIS IS TO CGRnPY THAT TLC FO lI IES Or I.S11-1.1 LISTED Re LOw LIAve Seen I,5ue0 70 THE INSIURFIY NAMED AFFVF FOR THE POLICY PENICO INTICATEO NOTWITHSTArvowc ANY - - Enl. O .. RA , - Ov TI R S v, ,HI TE MAY - A PERTAIN, THE I NSCRAryGE AD THC POLMI ES OESCRIRCO HERE NCIS SUNJECT 10 ALL THE TERMS, uvYP E%CLCSIONS AND CON DDUQNs SUCH POMCt6SELIMITS SHOWN MAYHAVE BEEN RLCUC ED POLIUY NCMSEq Al. {mm, NY) OLI DATsY1m EIEOlY POLICY LIMITS R TYPE OF INeUNANCE A7_1 BEN. SAL UAriIMTY CPS2456503 04/10/2016 04/10/2017 BDRE.ATL 2,000,000 ® oMMERcRi. GENERAL UARU7Y NOOUIlS CDMF,CFS ® -.c ERI NOEY.AMHN AccRroArE s 2,000,000 ❑ corvTr<ncnAL - wnuenrnl. BrvLv RVCRTsNH N.INm 1,000,000" ❑ OWNERS 8 CONTRACTORS PRO T. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one Fire) s 100,000 MEDICAL EXPENSE (Anyone person) S 5,000 COMBINED E3AUTOMOBILE LIABILITY SINGLE LIMIT $ ❑ ALL OWNED COMMERCIAL AUTOS BODILY INJURY (PER PERSON) S ❑ SCHF.DULEDAUTOS ❑ HIRED AUTOS IJURY (PERACCIDENT) $ ❑ NONOWNEDAUTOS PROPERTY DAMAGE $ ❑ GARAGE LIABILITY GARAGE AGGREGATE $ Q UMBRELLA LIABILITY LIMIT $ ❑ WORKERS'COMPENSATI O N STATUTORY _ EACH ACCIDENT S AND DISEASE—EACH EMPLOYEE $ EMPLOYERS'LIBILITY DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATI ONSNEHICIESIRESTRICTIONSISPECIAL ITEMS: Fishing boats and tackle rentals and bait Supplies. City Of Lake Elsinore IS included as additional insured for the facility located at 32040 Riverside Dr. Lake Elsinore, CA 92530 CANCELLATION r CERTIFICATE H 0 LOER SH OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAI F. THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TI BE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURF TO MAIL SUCH RICH OF SHALL IMPOSE NO OBLIGATI ON OR UABI LITY OF City of Lake Elsinore ANY KIND UPON THE C 0 MPANY, ITS AGENTS OR REPRESENTATIVES. Name 130 South Main Street s Address Lake Elsinore, CA 92530 % Ph: (951) 674-3124 I� ' AUTNORIZEO REPRESEA' A V! Policy Declarations A summary of your auto insurance coverage Thank you for renewing With us. Your declarations are effective as of 04/03/2016. INSURANCE INFORMATION Named Insured: Christina Johnson William Johnson Policy Number: A02.268_113374-706 6 Policy Period: 04/03/2016-04103/2017 12:01 AM -- — ----- - ------------ 1 2014 DODGE DURANGO 1 C4RDh1DG3EC500791 standard time at the address of the 2 2009 DODGE RAM 1 D3H61 BICX9SBO7739 Named Insured as stated below. .__.._------ __._ Mailing Address: ----.......__---- 196 S Nebraska St Coverage Details Lake Elsinore CA 92530-1653 Affinity Affiliation: Dodge Liber Mutuatyl. INSURANCE ACTION REQUIRED: Please review and heop for your records. OUESFIONS ABOUT YOUR POLICY) By Phone For Service: 1 600-225-6265 Vehicles Covered by Your Policy Liberty Mutual VEH YEAR MAKE MODEL VEHICLE ID NUMBER PO Box 970 -- — ----- - ------------ 1 2014 DODGE DURANGO 1 C4RDh1DG3EC500791 Mishawaka IN 46546 2 2009 DODGE RAM 1 D3H61 BICX9SBO7739 Visit us online 3364 LibertyMunr<il.com Coverage Details $ 250,000 Your total annual policy prentiurn for all covered vehicles is shown below. A premium Yes is shown for each type of coverage you have purchased for each vehicle. Where no OO PAPERLESS premium is shown, you have not purchased the indicated coverage for thatvehicia. �"' Manage your policy 24/7 on eSarvlce Coverage Infoli-ination _ __- UbertyMutual.com/register rotal Annual Policy Premium $3,540.50 Your discounts and benefits have been applied. Includes state sales tax and local surcharge whore applicable. COVERAGE LIMITS PREMIUM PER VEHICLE To report a claim 6y Phone 1-800.2CLAIMS (1-600-225-2467) Online LibertyMutual.com/c laims AUTO 3079 10 09 Page 1 of 4 VEFI 1 VEII2 A. Liability 3364 $1.357 Bodily Injury $ 250,000 Cecil Person Yes Yes $ 500,000 Each Accident Property Damage $ 100,000 Each Accident B. Medical Payments $ 1,000 Each Person $17 377 C. Uninsured Motorists Uninsured Motorists $ 250,000 Each Person $55 $239 Bodily Injury $ 500,000 Each Accident To report a claim 6y Phone 1-800.2CLAIMS (1-600-225-2467) Online LibertyMutual.com/c laims AUTO 3079 10 09 Page 1 of 4 .................. ...... ---- .......... CALIFORNIA EVIDENCE OF LIABILITY INSURANCE" Liberty /' NlrltLeal. POLICY INFORMATION VEHICLE INFORMA I-ION INSUt1a NCF CONTACT US Policy Numbor Y., 2009 To report a claim A02-268-113374-70 6 6 1-B00-2CLAIMS mak. DODGE 11-800-225-24671 Policy EH.cdv. Doc. 04/03/2016 m.um RAM Cus10mar..10.. 1-800-225-8285 Polity Explrn0an Dam Vchiclo Id.miOcnti.n Numbor O.ad.id. A..iamc. 04/03/2017 1031H818KX9S8O7739 1-800-426-9898 Nam. of 1.1.1" .-...__._.._— CHRISTINA JOHNSON C.rd Elf.ctiva Dat. WILLIAM JOHNSON 04/03/2016 198 S NEBRASKA ST LAKE ELSINORE CA 92530-1853 Cnrd Expiration Dat. 04/03/2017 company Nam.: LIBERTY MUTUAL FIRE INSURANCE CO. NAIL Numbor: 23035 IWKI 11U 12 Uv ��'h6 0 � y`��P.�i�37,��r' ���hr�S,�.��,r-a9rlfi�✓'.�i�t..�a"tY3:c'$,�j ENDORSEMENT AGREEMENT INSWRANCra 9136156-16 RENEWAL SP HOME OFFICE SAN FRANCISCO PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC EFFECTIVE JUNE 26, 2016 AT 12.01 A.M. STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WILLIAMS BAIT & TACKLE, INC. 32040 RIVERSIDE DR LAKE ELSINORE, CA 92530 ANY CONTRADICTION BETWEEN THE POLICY AND THIS ENDORSEMENT WILL BE CONTROLLED BY THIS ENDORSEMENT. IT IS AGREED THAT THE DEPOSIT PREMIUM FOR THIS POLICY IS CHANGED TO - $1,568.00 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAWN FRANCISCO: JULY 1, 2016 9935 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 1REV.7-2014) OLD OP 217 ENDORSEMENT AGREEMENT 9136158-16 FUND I RENEWAL SP HOME OFFICE SAN FRANCISCO PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC EFFECTIVE JUNE 26, 2 016 AT 12.01 A.M. STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WILLIAM'S BAIT, TACKLE & BOAT 32040 RIVERSIDE DR LAKE ELSINORE, CA 92530 ANY CONTRADICTION BETWEEN THE POLICY AND THIS ENDORSEMENT WILL BE CONTROLLED BY THIS ENDORSEMENT. IT IS AGREED THAT THE DEPOSIT PREMIUM FOR THIS POLICY IS CHANGED TO - $1,426.00 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 1, 21016 Al1THORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 {REV.7.2014) 9935 OLD DP 217