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HomeMy WebLinkAboutItem No. 11 PSA William Bait & Tackle, Inc. for OM of La Laguna Resort and Boat LaunchText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-249 Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 11) Page 1 City of Lake Elsinore Printed on 6/22/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Submitted by: Johnathan O. Skinner, Community Services Director Date:June 27, 2017 Subject:Professional Services Agreement for Operational Management of La Laguna Resort and Boat Launch Recommendation Approve the Professional Services Agreement for Operational Management of La Laguna Resort and Boat Launch. Background In January 2017, the City of Lake Elsinore approved the Agreement for Operational Management of La Laguna Resort and Boat Launch with William’s Bait and Tackle, Inc. The Agreement is set to expire June 30, 2017 with the option of one six-month extension. On February 1, 2017, the Professional Agreement activated the extension and the Agreement remained in place until June 30, 2017. This Agreement was created to discuss short and long - term operations of La Laguna with William’s Bait and Tackle, Inc. Discussion As the current Agreement reaches its expiration at the end of June 2017, staff negotiated a subsequent operating agreement during the anticipated construction and rehabilitation of the entire site. As the rehabilitation will be a phased approach, William’s Bait and Tackle, Inc. submitted a tiered operational proposal for future operations. As the campground will be operational through the fiscal year, the Professional Services Agreement will reflect operations through June 30, 2018 for both campground and Boat Launch operations. William’s Bait and Tackle, Inc. has been a good partner with the City and has worked in concert with City staff and officials to increase the positive standing of Lake Elsinore and the campground to the community and visitors alike. City staff hereby present the Agreement for Operational Management of La Laguna Resort and Boat Launch for review and approval. Fiscal Impact The fiscal impact will be $377,763.00 as identified in the Professional Services Agreement for Operational Management of La Laguna Resort and Boat Launch. PSA – William’s Bait and Tackle June 27, 2017 Page 2 Page 2 of 2 Exhibits A –Professional Services Agreement for Operation Management of La Laguna Resort and Boat Launch B -Professional Services Agreement for Operational Management of La Laguna Resort and Boat launch (February 1, 2017) C –Agreement for Operational Management of La Laguna Resort and Boat Launch Amendment No. 3 D –Agreement for Operational Management of La Laguna Resort and Boat Launch Amendment No. 2 E –Agreement for Operational Management of La Laguna Resort and Boat Launch Amendment No. 1 F –Agreement for Operational Management of La Laguna Resort and Boat Launch Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 AGREEMENT FOR PROFESSIONAL SERVICES WILLIAM’S BAIT AND TACKLE OPERATION OF LA LAGUNA RESORT AND BOAT LAUNCH This Agreement for Professional Services (the “Agreement”) is made and entered into as of July 1, 2017, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and William’s Bait and Tackle, Inc., a California Corporation ("Operator"). RECITALS A.The Lake Elsinore Recreation Area ("LERA") was established by the State of California for the purpose of making available to the people for their enjoyment the natural, cultural, and recreational values of the largest natural lake in Southern California. B.The function of the City at the LERA is to manage, protect, and, where necessary, to restore its natural and cultural resources and values for their perpetuation in accordance with the public park and recreational purpose; to interpret these values effectively; and to provide facilities and services, consistent with the purpose of the park, that are necessary for the full enjoyment of the park. C.The City has determined that it requires the following professional services: operation and routine maintenance of La Laguna Resort and Boat Launch that promote the above stated purposes of LERA and to promote the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and park experiences. D.Operator possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. E.City desires to retain Operator to perform the services as provided herein and Operator desires to provide such professional services as set forth in this Agreement. AGREEMENT 1.Scope of Services. 1.1 License to Utilize Premises. Operator understands and agrees that this Agreement is by license and not lease; confers only permission to occupy and use the Premises of La Laguna Resort and Boat Launch, depicted in Exhibit “A,” and located at 32040 Riverside Drive in Lake Elsinore, California (Area Parcel Numbers: 379100002, 379100015, 379120007, 379120008) for the prescribed purposes in accordance with the terms and conditions hereinafter specified without granted or reserving to Operator any interest or estate there in; the expenditure of capital and/or labor in the course of use and occupancy thereunder shall not confer any interest or estate in the premises by virtue of said use, occupancy and/or expenditure of money thereon; and it is the intention of the parties to limit the Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 right of use granted here in to a personal, revocable and assignable privilege of use in the Premises for the license granted here in. 1.2 Operate Boat Launch, Campground and Day Use Areas. Operator shall operate the boat launch, campground and day use areas by operating gate house, selling lake use passes and launch passes, monitoring the launching of vessels into Lake Elsinore, renting campsites, allowing entry of public into designated day-use areas, and selling camping related concession items. Operator shall require that all vessel operators utilizing the boat launch to access Lake Elsinore have purchased a City Lake Use Pass. Operator shall pre-purchase Lake Use Passes from the City and shall offer such Lake Use Passes for sale to the public at all time during operation of the Premises. Under no circumstances shall a campsite be rented to any individual entity for more than fourteen (14) consecutive days in any twenty- one (21) day period during the peak-season (Memorial Day to Labor Day). During the off-season, long-term camping may be offered for a camper to reside on the Premises for up to six (6) months. 1.3 Operate William’s Bait and Tackle. Operator shall operate William’s Bait and Tackle store by selling bait, tackle, boat and water ski parts and accessories, charging fees for rental of vessels, and selling food and beverages. Operator must maintain an inventory of all merchandise required to meet the reasonable needs of the public. All vessels offered for rental shall fully comply with the any and all safety equipment requirements of the State of California, Department of Boating and Waterways, and the United States Coast Guard. All vessels used for commercial purposes (rentals) shall maintain a valid Annual Commercial Lake Use Pass. All food and beverages sold shall conform to federal, state, and local food laws and regulations. Operator may utilize up to two secured storage containers for vessel rentals and other patron services, at the sole cost and expense of the Operator. If such containers are utilized, they may be moved or removed within 30 days at City Manager’s request. 1.4 Staffing. 1.4.1 Operator shall maintain an adequate and proper staff for its authorized operations based on commercially reasonable budget parameters and reasonable needs. Operator shall designate one member of the staff as an Operations Manager with whom City may deal on a daily basis. Operations Manager shall be skilled in the management of businesses similar to the campground/boat launch operations and shall be subject to reasonable approval by the City Manager. The Operations Manager shall devote substantial time and attention to the operation of the Premises and the Campground and render such services and convenience to the public as are required. The Operations Manager shall be fully acquainted with the operations of the Premises, familiar with the terms and conditions prescribed therefore by this Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 Agreement, and authorized to act in the day-to-day operations thereof. 1.4.2 If an employee of the Operator is found to be detrimental to the interest of the public, the City reserves the right to provide the Operator with written notice and Operator shall transfer or reassign any such employee within a reasonable period of time and such employee shall not be assigned to any other City Premises. 1.4.3 Operator warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services herein meet the citizens hip or a lien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Operator shall obtain, from all covered employees performing services here in, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Operator shall retain such documentation for all covered employees for the period prescribed by law. Operator shall indemnify, defect, and hold harmless, the City, its agents, officers and employees from employer sanctions and any other liability which may be assessed against Operator or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement. 1.4.4 Operator shall file with the City Manager a certificate for each member of the food and beverage staff showing that within the last two (2) years, such person has been examined and has been found to be free of communicable tuberculosis. "Certificate" means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000), Division 2 of the California Business and Professions Code, or a notice from a public health agency or unit of the Tuberculosis Association which indicates freedom from active tuberculosis. 1.5 Open Hours. Operator agrees to operate the Premises and maintain open hours daily from sunrise to sunset, and provide staffing as needed for campground operations between sunset and sunrise. 1.6 Schedule of Fees. Operator shall maintain and post a complete schedule of prices for all fees, charges, goods, rentals, and services supplied to the public on or from the Premises. The City reserves the right to review and approve said fees and charges. Prices shall comply with the requirements under any grant agreement with the Department of Boating & Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 Waterways concerning launch fees and such other prices shall be fair and reasonable based upon the following considerations: that the campground and boat operation is intended to serve the needs of the public for the goods and/or services supplied at a fair and reasonable cost; comparability with prices charged for similar goods and/or services supplied in the Riverside Metropolitan Area; and reasonableness of profit margins in view of the cost of providing same in compliance with the obligations assumed in this Agreement. In the event that the City notifies Operator that prices being charged are not fair and reasonable, Operator shall have the right to confer with the City Manager and justify the prices. Following reasonable conference and consultation thereon, Operator shall make such price adjustments as may be ordered by the City Manager. Operator may appeal the determination of the City Manager to the City Council, whose decision thereon shall be final and conclusive. 1.7 Quality of Services. Service to the public, with goods, services, and merchandise of a high quality and at reasonable charges, is of prime concern to the City and is considered a part of the consideration for this Agreement. Therefore, Operator agrees to operate and conduct its operation in a first- class manner, and comparable to other first-class facilities providing similar activities, programs and services. Where such facilities are provided, Operator shall maintain a high standard of service at least equal to that of similar events and programs conducted on City parks and/or adjacent communities and to those prevailing in such areas for similar products and services, and without discrimination. Operator, following receipt of written notification thereof, shall immediately remove or withdraw from sale of any goods or services which may be found objectionable to the City Manager based on findings that the provision of such goods or services is harmful to the public welfare. 1.8 Utilities. With respect to the Premises, City shall provide and pay for any necessary utilities, including telephone, water and electricity, consumed by Operator in the operation of the Premises. Operator waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utility system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the Premises. City shall pay for any new connections to the existing utility services necessary for the operation of the Premises, provided, however that Operator shall for any new connection to existing utility services necessary for the operation of the General Store. 1.9 Maintenance and Repair of Premises. During the term of this Agreement, City shall be responsible at its sole cost and expense, for conducting all Maintenance and Repair of the Premises in order to assure that the Premises are maintained in a reasonable good state of repair and preserve the Premises and the improvements thereon are preserved for a reasonable useful life. Notwithstanding the foregoing, the City shall assist with maintenance of store enhancements as part of the upgraded facility at William’s Bait and Tackle Store. Equipment owned by Operator (including rentals equipment such as vessels) shall be the Operators responsibility to Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 maintain and repair. Maintenance related to the operation thereof. Maintenance and repairs shall include but not be limited to, maintaining fire clearance, tree trimming and removal, repair of broken fixtures and facilities, plumping and electrical fixtures, and campground equipment. 1.10 Housekeeping. During the term of this Agreement, Operator shall be responsible at its sole cost and expense, for conducting all Housekeeping duties of the Premises in order to assure that the Premises are in good and substantial condition, and kept in a clean, safe, wholesome and sanitary condition free of trash, garbage, or obstructions of any kind. City shall supply operator materials to maintain the facility in clean and working order at all times. Operator shall provide all necessary equipment, materials and supplies used for housekeeping purposes, such as but not limited to, sanitary, landscaping, and cleaning supplies. Housekeeping shall include but not be limited to, cleaning of public restrooms and showers, trash pick- up, campsite preparation, minor repairs/replacement to campground equipment, pest inspection and control, landscape mowing and edging, shrub trimming and non-reoccurring removal of hanging tree limbs, vacuuming, wiping, and cleaning of all adjacent grounds and walks. 1.11 Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Premises and within a distance of fifty (50) feet thereof, and Operator shall prevent any accumulation thereof from occurring. Operator shall furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the City Manager, to maintain the Premises and the area within a distance of fifty (50) feet thereof in a sanitary condition. City shall provide that all refuse is collected no less than once a week by its existing franchise hauler. 1.12 Office and Service Supplies. During the term of this Agreement, Operator shall be responsible at its sole cost and expense, for purchasing and maintaining all necessary office supplies, employee uniforms and other supplies required to perform services. 1.13 Vehicles, vessels and golf carts. City agrees to provide two vessels, two vehicles and two golf carts for use only on the Premises in order to perform duties associated with the scope provided herein. Operator shall ensure that each driver of the vehicle has a valid California Drivers’ License and is listed on the Operator’s insurance policy. Operator shall be responsible for sole cost and expense of maintenance and fuel costs associated with the vehicles. 1.14 Concessions. City shall provide at its sole cost and expense campground related concessions, such as firewood and ice, where the City receives the total revenue generated from such concessions sales. 1.15 Advertising and Promotions. Operator shall be responsible for the sole cost and expense of advertising related to the campground and day use Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 areas of the Premises. All advertising and promotional materials shall receive approval from the City Manager prior to being distributed. Any advertising or promotional materials promulgated by the Operator shall include the words “Lake Elsinore” as part of the name or identification of the Premises. 1.16 Events. Operator shall not promote or sponsor private or public events on the Premises, unless authorized by a special event permit issued by the City of Lake Elsinore. 1.17 Security. City, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the Premises from theft, burglary or vandalism, provided written approval for installation thereof is first obtained from the City Manager. 1.18 Safety. Operator shall immediately correct any unsafe condition of that portion of the Premises designated as the campground and Boat Launch area, as well as any unsafe practices occurring thereon. Operator shall immediately notify City of any unsafe condition on the Premises and correct any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises, including a prompt report thereof to the City Manager. Operator shall cooperate and comply fully with county, state, municipal, federal or any other regulatory agency having jurisdiction there over, regarding any safety inspections and certifications of any and all Operator's structures, enclosures, vehicles, booths, equipment and rides. 1.19 Disorderly Conduct. Operator agrees to exercise every reasonable effort to not allow any loud boisterous or disorderly persons about the Premises. 1.20 Illegal Activity. Operator shall not permit any illegal activities to be conducted upon the Premises. 1.21 Maximize Use. Operator shall use its best efforts to maximize the public use of the Premises and the facilities thereon in accordance with the conditions herein. However, Operator shall not interfere with public use of the remaining areas of LERA. 1.22 Construction. In the event City constructs or causes to be constructed new facilities and/or improvements for the licensed operations at the Premises, this Agreement shall continue in full force and effect., Operator agrees to cooperate with City in the event the construction affects the Premises by vacating and removing therefrom all items of inventory, containers, equipment and furnishings for such periods as are required by the construction of the new facilities. Operator further agrees to cooperate in the determination of the abatement and/or other relief to be provided by furnishing all information requested relative to the operation and permitting Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 examination and audit of all accounting records kept in connection with the conduct thereof. 1.23 Right of Entry. Any officers and/or authorized employees of the City may entre upon the Premises at any and all reasonable times for the purpose of determining whether or not Operator is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City. Additional, City has the right to use the boat launch at any time at no cost to the City or the public. In the event of an unauthorized abandonment, vacation or discontinuance of operations for a period in excess of twenty-four (24) hours, Operator hereby irrevocably appoints City as an agent for continuing operation of the license granted herein, and in connection therewith authorizes the officers and employees thereof to (I) take possession of the such licensed area, including all improvements, equipment and inventory thereon; (2) remove any and all persons or property on said area and place any such property in storage for the account of and at the expense of Operator; (3) sublease or sublicense the Premises; and (4) after payment of all expenses of such subleasing or sublicensing, apply all payments realized therefrom to the satisfaction and/or mitigation of all damages arising from Operator's breach of this Agreement. 2.Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on July 1, 2017 and ending on June 30, 2018. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Operator not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3.Compensation. Compensation to be paid to Operator shall an amount compensation not to exceed $377,763.00 for the period designated July 1, 2017 through June 30, 2018, without additional written authorization from the City. Out of pocket expenses shall be approved with written authorization by the City Manager prior to being expended and will be reimbursed at cost without an inflator or administrative charge. Compensation to Operator shall be withheld in the event that the Operator has failed to make a timely payment of the Revenues, as described in Section 5. 4.Method of Payment. Operator shall submit weekly invoices within 5 days of the end of each week to the City. Operator’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures as identified in Section 1 above. City shall pay Operator no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5.Revenues. Operator shall pay and remit boat launch fees, lake use pass fees, campground fees, and concessions revenue to the City daily. In addition, Operator shall pay the City a sum equal to four (4%) of William’s Bait and Tackle store gross receipts on the first (1st) day, or first business day, of the calendar month. Payment shall be by check or draft made payable to City of Lake Elsinore, Attention: Finance Department, 130 South Main Street, Lake Elsinore, California 92530. A late payment charge of two percent (2%) Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 per month shall be added to any late payment received. Online campground reservation fees shall be collected at the point of sale. 6.Suspension or Termination. a.The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Operator at least ten (10) days prior written notice. Upon receipt of such notice, the Operator shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b.In the event this Agreement is terminated pursuant to this Section, the City shall pay to Operator the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Operator will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 7.Ownership of Documents. All documents, receipts, and reports prepared by the Operator, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Operator for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Operator or to any other party. Operator shall, at Operator’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Operator, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a.Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Operator under this Agreement ("Documents & Data"). Operator shall require that all subcontractor agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Operator represents and warrants that Operator has the legal right to license any and all Documents & Data. Operator makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Operator or provided to Operator by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b.Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 information, and other Documents & Data either created by or provided to Operator in connection with the performance of this Agreement shall be held confidential by Operator. Such materials shall not, without the prior written consent of City, be used by Operator for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Operator which is otherwise known to Operator or is generally known, or has become known, to the related industry shall be deemed confidential. Operator shall not use City’s name or insignia, photographs relating to project for which Operator’s services are rendered, or any publicity pertaining to the Operator’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8.Operator’s Books and Records. a.Operator shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Operator to this Agreement. b.Operator shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c.Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Operator’s address indicated for receipt of notices in this Agreement. d.Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Operator’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Operator, Operator’s representatives, or Operator’s successor-in- interest. 9.Independent Operator. It is understood that Operator, in the performance of the work and services agreed to be performed, shall act as and be an independent Operator and shall not act as an agent or employee of the City. 10.PERS Eligibility Indemnification. In the event that Operator or any employee, agent, or subcontractor of Operator providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 City, Operator shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Operator or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Operator and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11.Interests of Operator. Operator (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Operator’s services hereunder. Operator further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Operator is not a designated employee within the meaning of the Political Reform Act because Operator: a.will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b.possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12.Professional Ability of Operator. City has relied upon the professional training and ability of Operator to perform the services hereunder as a material inducement to enter into this Agreement. Operator shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Operator under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Operator’s field of expertise. 13.Compliance with Laws. Operator shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14.Licenses. Operator represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Operator to practice its profession. Operator represents and warrants to City that Operator shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Operator to practice its profession. Operator shall maintain a City of Lake Elsinore business license. Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 15.Indemnity. Operator shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Operator or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Operator shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Operator or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Operator to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Operator from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Operator acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16.Insurance Requirements. a.Insurance. Operator, at Operator’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i.Workers’ Compensation Coverage. Operator shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Operator shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Operator for City. In the event that Operator is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Operator shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii.General Liability Coverage. Operator shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii.Automobile Liability Coverage. Operator shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Operatorarising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv.Watercraft Liability Coverage. Operator shall maintain watercraft liability insurance appropriate for occurrence for bodily injury, personal injury and property damage, and cover such services whether they are provided by the Operator or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims- made annual aggregate basis, or a combined single limit per occurrence basis. b.Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i.The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Operator, including materials, parts or equipment furnished in connection with such work or operations. ii.This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv.The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 vi.The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c.Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City’s option, Operator shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d.Certificates of Insurance. Operator shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17.Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to:City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Operator:____________________ Attn:________________ ____________________ ____________________ 18.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Operator. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19.Amendments. This Agreement may be modified or amended only by a written document executed by both Operator and City and approved as to form by the City Attorney. 20.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Operator. Assignments of any or all rights, duties or obligations of the Operator under this Agreement will be permitted only with the express written consent of the City. Operator shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 consents to such subcontract, Operator shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24.Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 25.Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27.Authority to Enter Agreement. Operator has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28.Prohibited Interests. Operator maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement. Further, Operator warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 employee working solely for Operator, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29.Equal Opportunity Employment. Operator represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30.Prevailing Wages. Operator is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Operator agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Operatorshall bear all risks of payment or non-payment of prevailing wages under California law, and Operator hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31.Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “OPERATOR” William’s Bait and Tackle, Inc., a California Corporation By:_____________________ Its:_____________________ Attachments: Exhibit A – Premises Map Agreement for Professional Services William’s Bait and Tackle, Inc. Operation of La Laguna Resort and Boat Launch July 1, 2017 PROFESSIONAL SERVICES AGREEMENT WILLIAM'S BAIT AND TACKLE OPERATIONAL MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH This Agreement for Professional Services (the "Agreement") is made and entered into as of FEBRUARY 1, 2017, by and between the City of Lake Elsinore, a municipal corporation ("City") and William's Bait and Tackle, Inc., a California Corporation ("Operator"). RECITALS A. The Lake Elsinore Recreation Area ("LERA") was established by the State of California for the purpose of making available to the people for their enjoyment the natural, cultural, and recreational values of the largest natural lake in Southern California. B. The function of the City at the LERA is to manage, protect, and, where necessary, to restore its natural and cultural resources and values for their perpetuation in accordance with the public park and recreational purpose; to interpret these values effectively; and to provide facilities and services, consistent with the purpose of the park, that are necessary for the full enjoyment of the park. C. The City has determined that it requires the following professional services: operation and routine maintenance of La Laguna Resort and Boat Launch that promote the above stated purposes of LERA and to promote the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and park experiences. D. Operator possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. E. City desires to retain Operator to perform the services as provided herein and Operator desires to provide such professional services as set forth in this Agreement. AGREEMENT Scope of Services. 1.1 License to Utilize Premises. Operator understands and agrees that this Agreement is by license and not lease, confers only permission to occupy and use the Premises of La Laguna Resort and Boat Launch, depicted in Exhibit "A," and located at 32040 Riverside Drive in Lake Elsinore, California (Area Parcel Numbers: 379100002, 379100015, 379120007, 379120008) for the prescribed purposes in accordance with the terms and conditions hereinafter specified without granted or reserving to Operator any interest or estate there in, the expenditure of capital and/or labor in the course of use and occupancy thereunder shall not confer any interest or estate in the premises by virtue of said use, occupancy and/or expenditure of money thereon, and it is the intention of the parties to limit the Professional Services Agreement William's Bait and Tackle, Inc Opei ationaI Management of I a Laguna Resort and Boat Launch February 1, 2017 right of use granted here in to a personal, revocable and assignable privilege of use in the Premises for the license granted here in. 1.2 Operate Boat Launch, Campground and Day Use Areas. Operator shall operate the boat launch, campground and day use areas by operating gate house, selling lake use passes and launch passes, fishing passes, monitoring the launching of vessels into Lake Elsinore, renting campsites, allowing entry of public into designated day -use areas, and selling camping related concession items. Operator shall require that all vessel operators utilizing the boat launch to access Lake Elsinore have purchased a City Lake Use Pass. Operator shall be supplied with Lake Use Passes from the City and shall offer such Lake Use Passes for sale to the public at all time during operation of the Premises. Tent camping is restricted to no more than three (3) consecutive days and must vacate the premises for a minimum of two days prior to any future stays. Under no circumstances shall a campsite be rented to any individual entity for more than six (6) months. 1.3 Operate William's Bait and Tackle. Operator shall operate William's Bait and Tackle store by selling bait, tackle, boat and water ski parts and accessories, charging fees for rental of vessels, and selling prepackaged food and non-alcoholic beverages. Operator must maintain an inventory of all merchandise required to meet the reasonable needs of the public. All vessels offered for rental shall fully comply with the any and all safety equipment requirements of the State of California, Department of Boating and Waterways, and the United States Coast Guard. All vessels used for commercial purposes (rentals) shall maintain a valid Annual Commercial Lake Use Pass. All food and beverages sold shall conform to federal, state, and local food laws and regulations. Operator may utilize up to two secured storage areas for vessel rentals and other patron services, at the sole cost and expense of the Operator. If such areas are utilized, they may be moved or removed within 30 days at City Manager's request. 1.4 Staffing 1.4.1 Operator shall maintain an adequate and proper staff for its authorized operations based on commercially reasonable budget parameters and reasonable needs. Operator shall designate one member of the staff as an Operations Manager with whom City may deal on a daily basis. Operations Manager shall be skilled in the management of businesses similar to the campground/boat launch operations and shall be subject to reasonable approval by the City Manager or their designee. The Operations Manager shall devote substantial time and attention to the operation of the Premises and the Campground and render such services and convenience to the public as are required. The Operations Manager shall be fully acquainted with the operations of the Premises, familiar with the terms and conditions prescribed therefore by this Agreement, and authorized to act in the day- to-day operations thereof. Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 1.4.2 If an employee of the Operator is found to be detrimental to the interest of the public, the City reserves the right to provide the Operator with written notice and Operator shall transfer or reassign any such employee within a reasonable period of time and such employee shall not be assigned to any other City Premises. 1.4.3 Operator warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services herein meet the citizens hip or a lien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). Operator shall obtain, from all covered employees performing services here in, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. Operator shall retain such documentation for all covered employees for the period prescribed by law. Operator shall indemnify, defect, and hold harmless, the City, its agents, officers and employees from employer sanctions and any other liability which may be assessed against Operator or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Agreement. 1.4.4 Operator shall file with the City Manager a certificate for each member of the food and beverage staff showing that within the last two (2) years, such person has been examined and has been found to be free of communicable tuberculosis. "Certificate" means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000), Division 2 of the California Business and Professions Code, or a notice from a public health agency or unit of the Tuberculosis Association which indicates freedom from active tuberculosis. 1.5 Open Hours. Operator agrees to operate the Premises and maintain open hours daily from sunrise to sunset, and provide staffing as needed for campground operations between sunset and sunrise. 1.6 Schedule of Fees. Operator shall maintain and post a complete schedule of prices for all fees, charges, goods, rentals, and services supplied to the public on or from the Premises. The City reserves the right to review and approve said fees and charges. Prices shall comply with the requirements under any grant agreement with the Department of Boating & Waterways concerning launch fees and such other prices shall be fair and reasonable based upon the following considerations: that the campground and boat operation is intended to serve the needs of the public for the goods Professional Services Agreement William's Balt and Tackle, Inc. Operational Management: of La Laguna Resort and Boat I.aunch 1=ebuary 1, 201.7 and/or services supplied at a fair and reasonable cost; comparability with prices charged for similar goods and/or services supplied in the Riverside Metropolitan Area; and reasonableness of profit margins in view of the cost of providing same in compliance with the obligations assumed in this Agreement. In the event that the City notifies Operator that prices being charged are not fair and reasonable, Operator shall have the right to confer with the City Manager and justify the prices. Following reasonable conference and consultation thereon, Operator shall make such price adjustments as may be ordered by the City Manager. Operator may appeal the determination of the City Manager to the City Council, whose decision thereon shall be final and conclusive. 1.7 Quality of Services. Service to the public, with goods, services, and merchandise of a high quality and at reasonable charges, is of prime concern to the City and is considered a part of the consideration for this Agreement. Therefore, Operator agrees to operate and conduct its operation in a first- class manner, and comparable to other first-class facilities providing similar activities, programs and services. Where such facilities are provided, Operator shall maintain a high standard of service at least equal to that of similar events and programs conducted on City parks and/or adjacent communities and to those prevailing in such areas for similar products and services, and without discrimination. Operator, following receipt of written notification thereof, shall immediately remove or withdraw from sale of any goods or services which may be found objectionable to the City Manager based on findings that the provision of such goods or services is harmful to the public welfare. 1.8 Utilities. With respect to the Premises, City shall provide and pay for any necessary utilities, including telephone, water and electricity, consumed by Operator in the operation of the Premises. Operator waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utility system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the Premises. City shall pay for any new connections to the existing utility services necessary for the operation of the Premises, provided, however that Operator shall for any new connection to existing utility services necessary for the operation of the General Store. 1.9 Maintenance and Repair of Premises. During the term of this Agreement, City shall be responsible at its sole cost and expense, for conducting all Maintenance and Repair of the Premises in order to assure that the Premises are maintained in a reasonable good state of repair and preserve the Premises and the improvements thereon are preserved for a reasonable useful life. Notwithstanding the foregoing, the City shall have no obligation to maintain or repair the William's Bait and Tackle Store nor any equipment owned by Operator (including rentals equipment such as vessels) related to the operation thereof. Maintenance and repairs shall include but not be limited to, maintaining fire clearance, tree trimming and removal, repair of broken fixtures and facilities, plumping and electrical fixtures, and campground equipment. Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 1.10 Housekeeping. During the term of this Agreement, Operator shall be responsible for conducting all Housekeeping duties of the Premises in order to assure that the Premises are in good and substantial condition, and kept in a clean, safe, wholesome and sanitary condition free of trash, garbage, or obstructions of any kind. City shall provide all necessary equipment, materials and supplies used for housekeeping purposes, such as but not limited to, sanitary, landscaping, and cleaning supplies. Housekeeping shall include but not be limited to, cleaning of public restrooms and showers, trash pick-up, campsite preparation, minor repairs/replacement to campground equipment, pest inspection and control, landscape mowing and edging, shrub trimming and non -reoccurring removal of hanging tree limbs, vacuuming, wiping, and cleaning of all adjacent grounds and walks. 1.11 Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Premises and within a distance of fifty (50) feet thereof, and Operator shall prevent any accumulation thereof from occurring. Operator shall furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the City Manager, to maintain the Premises and the area within a distance of fifty (50) feet thereof in a sanitary condition. City shall provide that all refuse is collected no less than once a week by its existing franchise hauler. 1.12 Office and Service Supplies. During the term of this Agreement, Operator shall be responsible at its sole cost and expense, for purchasing and maintaining all necessary office supplies, employee uniforms and other supplies required to perform services. 1.13 Vehicles and golf carts. City agrees to provide two vehicles and two golf carts for use only on the Premises in order to perform duties associated with the scope provided herein. Operator shall ensure that each driver of the vehicle has a valid California Drivers' License and is listed on the Operator's insurance policy. City shall be responsible for sole cost and expense of maintenance and fuel costs associated with the vehicles. 1.14 Concessions. City shall provide at its sole cost and expense campground related concessions, such as firewood and ice, where the City receives the total revenue generated from such concessions sales. 1.15 Advertising and Promotions. Operator shall work in conjunction with the City on advertising related to the campground and day use areas of the Premises. All advertising and promotional materials shall receive approval from the City Manager or designee prior to being distributed. Any advertising or promotional materials promulgated by the Operator shall include the words "Lake Elsinore" as part of the name or identification of the Premises. 1.16 Events. Operator shall not promote or sponsor private or public events on the Premises, unless authorized by a special event permit issued by the City of Lake Elsinore. Professional Seivices Agree.rnent. William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 1.17 Security. City, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the Premises from theft, burglary or vandalism, provided written approval for installation thereof is first obtained from the City Manager. 1.18 Safety. Operator shall immediately correct any unsafe condition of that portion of the Premises designated as the campground and Boat Launch area, as well as any unsafe practices occurring thereon. Operator shall immediately notify City of any unsafe condition on the Premises and correct any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises, including a prompt report thereof to the City Manager. Operator shall cooperate and comply fully with county, state, municipal, federal or any other regulatory agency having jurisdiction there over, regarding any safety inspections and certifications of any and all Operator's structures, enclosures, vehicles, booths, equipment and rides. 1.19 Disorderly Conduct. Operator agrees to exercise every reasonable effort to not allow any loud boisterous or disorderly persons about the Premises. 1.20 Illegal Activity. Operator shall not permit any illegal activities to be conducted upon the Premises. 1.21 Maximize Use. Operator shall use its best efforts to maximize the public use of the Premises and the facilities thereon in accordance with the conditions herein. However, Operator shall not interfere with public use of the remaining areas of LERA. 1.22 Construction. In the event City constructs or causes to be constructed new facilities and/or improvements for the licensed operations at the Premises, this Agreement shall continue in full force and effect., Operator agrees to cooperate with City in the event the construction affects the Premises by vacating and removing therefrom all items of inventory, containers, equipment and furnishings for such periods as are required by the construction of the new facilities. Operator further agrees to cooperate in the determination of the abatement and/or other relief to be provided by furnishing all information requested relative to the operation and permitting examination and audit of all accounting records kept in connection with the conduct thereof. 1.23 Right of Entry. Any officers and/or authorized employees of the City may entre upon the Premises at any and all reasonable times for the purpose of determining whether or not Operator is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City. Additional, City has the right to use the boat launch at any time at no cost to the City or the public. In the event of an unauthorized abandonment, vacation or discontinuance of operations for a period in excess of twenty-four (24) Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resoil: and Boat Launch February 1, 2017 hours, Operator hereby irrevocably appoints City as an agent for continuing operation of the license granted herein, and in connection therewith authorizes the officers and employees thereof to (1) take possession of the such licensed area, including all improvements, equipment and inventory thereon; (2) remove any and all persons or property on said area and place any such property in storage for the account of and at the expense of Operator; (3) sublease or sublicense the Premises; and (4) after payment of all expenses of such subleasing or sublicensing, apply all payments realized therefrom to the satisfaction and/or mitigation of all damages arising from Operator's breach of this Agreement. 2. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of five (5) months, commencing on February 1, 2017 and ending on June 30, 2017. The City may, at its sole discretion, extend the term of this Agreement on a 6 -month basis not to exceed two (2) additional six (6) month renewal terms by giving written notice thereof to Operator not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Compensation. Compensation to be paid to Operator shall not exceed $145,000 for the period designated February 1 through June 30, 2017, without additional written authorization from the City. Out of pocket expenses shall be approved by City prior to being expended and will be reimbursed at cost without an inflator or administrative charge. Compensation to Operator shall be withheld in the event that the Operator has failed to make a timely payment of the Revenues, as described in Section 5. 4. Method of Payment. Operator shall promptly submit billings to the City describing the services and related work performed during the preceding week to the extent that such services and related work were performed. Operator's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures such as but not limited to payroll, insurance and other expenses incurred by operations.. City shall pay Operator no later than forty-five (45) days after receipt of the weekly invoice by City staff. 5. Revenues. Operator shall pay and remit boat launch fees, lake use pass fees, campground fees, and concessions revenue to the City daily. In addition, Operator shall pay the City a sum equal to four (4%) of William's Bait and Tackle store gross receipts on the first (1s') day, or first business day, of the calendar month. Payment shall be by check or draft made payable to City of Lake Elsinore, Attention: Finance Department, 130 South Main Street, Lake Elsinore, California 92530. A late payment charge of two percent (2%) per month shall be added to any late payment received. Online campground reservation fees shall be collected at the point of sale. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Operator at least ten (10) days prior written notice. Upon receipt of such notice, the Operator shall immediately cease all work under this Agreement, unless the notice provides otherwise. If Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch rebtuary 1., 2017 the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Operator the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Operator will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All documents, receipts, and reports prepared by the Operator, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Operator for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Operator or to any other party. Operator shall, at Operator's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Operator, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Operator under this Agreement ("Documents & Data"). Operator shall require that all subcontractor agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Operator represents and warrants that Operator has the legal right to license any and all Documents & Data. Operator makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Operator or provided to Operator by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Operator in connection with the performance of this Agreement shall be held confidential by Operator. Such materials shall not, without the prior written consent of City, be used by Operator for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Operator which is otherwise known to Operator or is generally known, or has become known, to the related industry shall be deemed confidential. Operator shall not use City's name or insignia, photographs relating to project for which Operator's services are rendered, or any publicity pertaining to the Professional Services Agreement Williams Bait and Tackle, inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 Operator's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Operator's Books and Records. a. Operator shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Operator to this Agreement. b. Operator shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Operator's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Operator's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Operator, Operator's representatives, or Operator's successor -in - interest. 9. Independent Operator. It is understood that Operator, in the performance of the work and services agreed to be performed, shall act as and be an independent Operator and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Operator or any employee, agent, or subcontractor of Operator providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Operator shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Operator or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Operator and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 201.7 employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Operator. Operator (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Operator's services hereunder. Operator further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Operator is not a designated employee within the meaning of the Political Reform Act because Operator: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Operator. City has relied upon the professional training and ability of Operator to perform the services hereunder as a material inducement to enter into this Agreement. Operator shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Operator under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Operator's field of expertise. 13. Compliance with Laws. Operator shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Operator represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Operator to practice its profession. Operator represents and warrants to City that Operator shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Operator to practice its profession. Operator shall maintain a City of Lake Elsinore business license. 15. Indemnity. Operator shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Operator or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Operator shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful Professional Services Agreement William's Bait and Tackle, Inc. Operational iManagement of La Laguna Resort and Boat Launch February 'i, 2017 misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Operator or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Operator to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Operator from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Operator acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a, Insurance. Operator, procure and maintain, for the duration of the Manager, the following insurance policies. at Operator's own cost and expense, shall contract, unless modified by the City's Risk i. Workers' Compensation Coverage. Operator shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Operator shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Operator for City. In the event that Operator is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Operator shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Operator shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Operator shall maintain autornobile liability insurance covering bodily injury and property damage for all activities of the Operator arising out of or in connection with the work to be performed Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Watercraft Liability Coverage. Operator shall maintain watercraft liability insurance appropriate for occurrence for bodily injury, personal injury and property damage, and cover such services whether they are provided by the Operator or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims - made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than AMI and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Operator, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. V. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Operator shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. insurance with original endorsements to City Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of la Laguna Resort and Boat Launch February 1, 207.7 Operator shall provide certificates of as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Operator: 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Operator. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments, This Agreement may be modified or amended only by a written document executed by both Operator and City and approved as to form by the City Attorney. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to Gity for entering into this Agreement is the professional reputation, experience and competence of Operator. Assignments of any or all rights, duties or obligations of the Operator under this Agreement will be permitted only with the express written consent of the City. Operator shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Operator shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Professional Services Agreement William's Balt and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Aqreement. Operator has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Operator maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement. Further, Operator warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Operator, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Employment. Operator represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, Professional Services Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch February L, 2017 ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. Operator is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Operator agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Operator shall bear all risks of payment or non-payment of prevailing wages under California law, and Operator hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31, Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Professional Scivices Agreement William's Bait and Tackle, Inc. Operational Management of La Laguna Resort and Boat Launch hebruary 1, 2017 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "OPERATOR" CITY OF LAKE ELSINORE, a municipal William's Bait and Tackle, Inc., a California corporation Corporation ArW— Grant now= City Clerk T-':: • ■ - • O.11 Attachments: Exhibit A — Premises Map By: Its: Professional Services Agreement William's Bait and Tack€e, Inc. Operational Management of La Laguna Resort and Boat Launch February 1, 2017 AMENDMENT NO.3 TO AGREEMENT FOR OPERATIONAL MANAGMENT OF LA LAGUNA RESORT AND BOAT LAUNCH THIS AMENDMENT NO. 3 TO AGREEMENT FOR OPERATIONAL MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH ("Amendment No. 3 "), dated for identification purposes as of January 1, 2017, 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. 3 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 (the "Original Agreement") and that certain Amendment No. 1 to Agreement for Operational Management of La Laguna Resort and Boat Launch dated December 1, 2015 (as amended, "Amendment No. 1") and that certain Amendment No. 2 to Agreement for Operational Management of La Laguna Resort and Boat Launch dated May 31, 2016 (as amended, "Amendment No. 2"). The Original Agreement, Amendment No. 1 and Amendment No. 2- are collectively referred to herein as 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. B. The City and Operator now desire to extend the term of the Amended Agreement with respect to the Premises for one (1) month, through January 31, 2017, while the parties negotiate a subsequent operating agreement during the anticipated construction and rehabilitation of the entire site. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows: 1. Section 3.2 , Term, of the Amended Agreement is hereby amended in its entirety to read as follows: "3.2 Provided Operator is not then in default under the terms of this Agreement, at the expiration of the extension term under Amendment No.2, the term of this Agreement with respect to the Premises shall be extended to January 31, 2017 on the same terms and conditions as contained in the Amended Agreement. 2. Exhibit "B", "Amended Schedule of Fees and Hours" as attached to Amendment No. 2 are ratified and shall be applicable through January 31, 2017. J. Except for the changes specifically set forth herein, all other terms and conditions of the Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 on the respective dates set forth below. Dated: /.5 2016 Dated: / lq4 / ATTEST: , 2016 Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: M Hara Leibold, City Attorney WILLIAMS BATT & TACKLE, INC., a California corporation, doing business as WILLIAMS BATT, TACKLE, and BOAT RENTAL By: WilliamMkR=ident CITY OF LAKE ELSINORE, a municipal corporation By Oran , City Manager COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MMIDDIYY) AGENCY ROBERT DAPPER INSURANCE ,AGENCY 06/03/301 G Name 17632 IRVINE BLVD #100 T — g This cerVicate is issued as a matter of information only and confers no rights Address TUSTIN, CA 92780 upon the certi`icate holder, This certificate does not amend, extend or alter the coverage afforded by the policies shown below Bus 4 657-600-8106 Fax#714-876-1449 COMPANIES PROVIDING INSURANC E COMPANY .LATER COMPANY INSURED William Johnson A: Scottsdale Insurance Company Name DBA Williams Bait and "Tackle and Boat Rentals MER" a 32040 Riverside Drive COMIRM, Address lET ER Lake Elsinore, CA 92530 COVERAGES YFIIs IS To CERTIFY THAT THE PO LICIE.S OF INSURANCE LISTED BELOW HAVE PEEN SSUED TO THE INSURED NAMED AROVE FOR TNF POLICY PERIOD INDICATED NOTWITH97ANDING ANY REQUIREMENT, TERM OR CONDITION O ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC- TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED 9Y PAID CLAIMS �O LTq TYPE OF INSURANCE POLICY NUMBER PGLICY UPPRCTIVi DATO (MMI0014Y) P91.ICY E1tPIRA TIgN DATE (MMAJDNY) POLICY LIMITS A ❑CPS2456503 aMNaNAL uAwILiT1' 04/10,i2016 04/10/2017 O GGREGATE s 2,000,000 ® COMNERC:IAL GENERAL L Wdll I IY PRODUCTS fOPB ® -OCCLRRENCEVEREIO�Y AOGRECIOATE ATF. $ 2,000,000 ❑ CONTRACTUAL INCID—ALONLY PBRSDNALa S 1,000,000 ❑ OWNERS 8 CONTRACTORS PRO T AOVERTISING IN.R.RY EACH OCCURRENCE $ 1,000 004 FIRE DAMAGE (Any one Fire) $ 100,000 MEDICAL EXPENSE (Any one Person) $ 5,000 — ❑ AUTOMOBILE LIABILITY C 0 MBINED SINGLE LMIT $ ❑ ALL OWNED COMMERCIAL AUTOS BODILY INJURY (PER PERSON) $ ❑ SCHEDULED AUTOS ❑ HIRED AUTOS BODILY INJURY $ (PER ACCIDENT) [:]NON- OWNED AUTO S ❑ GARAGE LABILITY PROPERTY DAMAGE $ GARAGE AGGREGATE $ ❑ UMBRELLA LIABILITY IMIT $ ❑ WORKERS TOMPENSATI O N STATUTORY EACH ACCIDENT $ 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 37.040 Riverside Dr. Lake Elsinore, CA 92530 CERTIFICATE H 0 LDER CANCELLATION r SH OULC ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3EFORE THE EXPIRATION DATE FHEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED -0 THF EFT BUT FAILURF TO MAIL SUCH NOTICE SHAI L IMPOSF NO OHL IGATI ON OR L ABILIT" OF of Lake Elsuiore ANY KIND UPON'HE C 0 MPANY, TS AGENTS OR REPRESENTATIVES NameCity 130 South Main Street a Address Lake Elsinore, CA 92530 Ph: (95 1) 674-3124 AU'THORIZEOREPRESENIA VE '4`CaRo®#*� CERTIFICATE OF LIABILITY INSURANCE DAT /z7 o7/27/2016o16) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(las) must have ADDITIONAL INSURED provisions or be endorsed - If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endersement(s). PRODUCER CONTACT ME- Strachota y'Inc. Temec PHONE FAIL 27710 Jefferson Ave., Ste. 100 I N {9511 676-2229 ICpp•(951) 676-7391 64AAlL Temecula CA 92590 ADDRESS INSURERS i AFFORDING COVERAGE NAIL I PERSONAL & ADV IN,AJRY '§ INSURIERA. State CoFRarusation Ins Fund 35076 _ INSURED INSURERS: Williams Bait 6: Tackle, Inc. INSURER C LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDNON 0OV NED AUTOS ONLY AUTOS ONLY 32040 Riverside Drive INSURERD. Lake Elsinore CA 92530 INSURERE: INSURER F: GUVtKAULZ CERTIFICATE NUMBER: Cert ID 4679 REVISION NLIMRFR- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR TYPE OF INSURANCE AWL $U5R POLICYNUMBER MLI IYYYY CYEFF PMILDIpj YY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE .EIOCCUR EACH OCCURRENCE $ REMISE 'Ea occurrence .$ 7=77-7"" MED EXP (AnV one person) $ PERSONAL & ADV IN,AJRY '§ GEN'L AGGREGATE LIMIT APPLIES PER POLICY 1:1 MT !� LOC OTH£R GENERAL AGGREGATE_ PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDNON 0OV NED AUTOS ONLY AUTOS ONLY (=SINGLE IN +SINGLELIMI § BODILY INJURY ;Perperson) $ BODILY IN-URY IPeraccident) $ PRQF'FFTY D -I' l E $ Ref aCc+d9rl $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ DED RETENTION . $ A WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANYPRCPRIETORMART11JERIE9ECUTIVL FK1Ct3PNEM9ERFj _LUC£G7 tMandateryInNHI If yyes, d9sube under DESCRIPT'ON OF OPERATIONS below N I A 9136156-16 06/26/2016 06/26/2017 OTH- R STATOR E L EACH ACCIDENT $ 1,000,000 EL DISEASE-EAEMPLOYEE $ 11000,000 EL DISEASE POLICY LIMIT $ 1,000,000 i $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Lake Elsinore 130 South Main St Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 of I ENDORSEMENT AGREEMENT ADDITIONAL INSURED EMPLOYER 9136156-16 RENEWAL SP PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE JULY 22, 2016 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:41 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WILLIAMS BAIT & TACKLE, INC. 32040 RIVERSIDE DR LAKE ELSINORE, CA 92530 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING. IT IS AGREED THAT CITY OF LAKE ELSINORE IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF WILLIAMS BAIT & TACKLE, INC. (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. 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 25, 2 016 AUTHORIZED REPRESENT. IVF PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 0015 OLD DP 217 Lt�rty Policy Declarations ws-w Eel. INSURANCE A summary of your auto insurance coverage Thank you for renewing with us. Your declarations are effective as of 04/03/2016. COVERAGE A. Liability Bodily Injury Property Damage B. Medlcal Payments LIMITS $ 250,000 Each Person $ 500,000 Each Accident $ 100,000 Each Accident $ 1,000 Each Person C. Uninsured Motorists Uninsured Motorists 9 250,000 Each Person Bodily Injury $ 500,000 Each Accident PREMIUM PER VEHICLE VEFI 1 VEH 2 $364 $1,357 Yes Yes $17 $77 955 5239 AUTO 3079 10 09 Page 1 of 4 INSURANCE INFORMATION ACTION Named Insured: Christina Johnson �► REQUIRED: William Johnson ------ — - - Please review and Polley Number: A02-268-113374.706 6 keep for your records - Policy Period: 04/03/2016-0410312017 12:01 AM standard time at the address of the Named Insured as stated below. QUESTIONS ABOUT Mailing Address: 198 S Nebraska St YOUR POLICY? Lake Elsinore CA 92530-1853 By Phone Affinity Affiliation: Dodge For Service: �.-----.---. .._ _ _ —.-.- 1-800-225-8285 Vehicles Covered by Your Policy Liberty Mutual VEH YEAR MAKE MODEL VEHICLE ID NUMBER PO Box 970 1 2014 DODGE 4 DURANGO 1 C4RDHDG3EC500791 Mishawaka IN 46546 2 2009 DODGE RAM 1 D3HB18KX9SBO7739 Visit us online LibertyMutual.com Coverage Details Your total annual policy premium for all covered vehicles is shown below. A Premium GO PAPERLESS is shown for each type of coverage you have purchased for each vehicle. Where no � premium is shown, you have not purchased the indicated coverage for thatvehicle. Manage your policy 2417 on eService Coverage In'fovmation LibertyMutual.com/register To report a claim Total Annual Policy Premium $3,540.50 By Phon® Your discounts and benefits have been applied. Includes state sales tax and local surcharge 1-800-2CLAIMS where applicable, (1-800-225-2467) Online I_ibertyMutual.com/ciaims COVERAGE A. Liability Bodily Injury Property Damage B. Medlcal Payments LIMITS $ 250,000 Each Person $ 500,000 Each Accident $ 100,000 Each Accident $ 1,000 Each Person C. Uninsured Motorists Uninsured Motorists 9 250,000 Each Person Bodily Injury $ 500,000 Each Accident PREMIUM PER VEHICLE VEFI 1 VEH 2 $364 $1,357 Yes Yes $17 $77 955 5239 AUTO 3079 10 09 Page 1 of 4 CALIFORNIA EVIDENCE OF LIABILITY INSURANCE POLICY INFORMATION Pollcy Number A02-268-113374-70 6 6 Policy Effective Date 04/0312016 PaRoy Expiration Data 04103/2017 VEHICLE INFORMATION Your 2009 Mala DODGE Madel RAM V ehiclr Invnnflcneon N"Mbe, 103H818KX9S807739 Name of Insured CHRISTINA JOHNSON WILLIAM JOHNSON 198 S NEBRASKA ST LAKE ELSINORE CA 92530-1853 company Nome: LIBERTY MUTUAL FIRE INSURANCE CO. NAIC Numbor: 23035 ;...:.'' S�.....w. 'FA. 3'.I[ii:S3A� _O-: - .... �f]>`: .f :-sre:c• 1..il�crl•[.y !1'{ut:f�� ,- INSURANCE CONTACT US To report a daim 1-800-2CLAIMS (1-800-225-2467) Customer service 1-800-225-8285 Roadside Asaletanca 1-800-426-9898 Cord Effective Data 04103/2016 Card Expiration Onto 04/03/2017 1MAKT 519 12 118 BUSINESS LICENSE Tills businosS rlCOnse is lssue(s for ravenue purposes orlty and does not gran! alrthoflzaiion to Operate a business. This business bcen5p is J$$L d without verlftcation that the holder is suNect to or exempted Irpm hpen8jng by the cote, county, fe4e:•al {lovemmanl, p1 any other goverrimenlel aWty. Businass Hama: WILLIAMS BAIT, TACKLE & BOAT RENTALS Basiness Location: 32040 RIVERSIDE OR LAKE ELSINORE. CA 92530-7808 Owner Name(s): WILLIAM JOHNSON WILLIAMS BAIT, TACKLE & BOAT RENTALS P 0 BOX 147 LAKE ELSINORE, CA 92539 TO BE POSTED IN A CONSPICUOUS PLACE CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 BUSINESS LICENSE NO. 017129 Business Type: BOATANAT E RC RAF T RENTALS Description: BAIT & TACKLE SHOPIBOAT RENTAL LA LAGUNA Issua Data: 211!2016 Expiration Date: 113112017 THIS IS YOUR LICENSE • NOT TRANSFERABLE AMENDMENT 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. 1 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: 1. Section 3.2, Terni, 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. I ; 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 (t.he "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" ); Suomi Amendment io Ln Laguna I ations Agracmen10524 Io t. e. for one (I) 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 [fours" is hereby replaced with the exhibit attached to this Amendment No. 2 and identified as Exhibit "B", "Amended Schedule of Fees and I fours (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. 3cwn(I Amendment to I a Laguna Operations A;recmen1 052,116 IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 on the respective dates set forth below. DATED: 5 ` .��/e� , 2016 DATED :A /%L _, 2016 ATTEST; A, y er APPROVED AS TO FOR Second Amendment to La Laguna Operations Agreement 052416 WILLIAMS BAIT & TACKLE, INC., a California corporation, doing business as WILLIAMS BAIT, TACKLE AND BOAT RENTAL By: AWilliaPmJohnnson, Pres' ent CITY OF LAKE ELSINORE, a municipal corporation by: 'GMates,City Manager EXHIBIT "B" AMENDED SCHEDULE OF FEES AND HOURS (Effective 6/1/2015) During the months of June 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 lirs Grounds and Gatehouse Staff 11.0 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'11-1.: Management services Weekly Supervision of Gatehouse and Grounds Staff 35 hrs Grounds and Gatehouse Staff 120 Ins 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 nate tMM1>aDiYYy AGENCY 1;01[`IkRI' DAPPUR 06/0312016 Name 17632;1tVINEBLVD9100 This certificate is issued as a matter of information only and confers no rights � upon the ceriificato holder. This aeafficate does not amend, extend or alter the Address TI-ISTIAT, CA 92790 coverage afforded by the policies shown below. BusO657-54(}-8100 F,ixff71,1-876-1449 COMPANIES PROVIDING INSURANCE M' PH L.10 "''n A: Scottsdale Insurance Company iN5E1RED William .lahnsatT Name DBA Williams Bail and Tackle and. Brat Rentals n & 32040 Riverside Drive ;OMPAY IrtrfR Address Lake Elsinore, CA 92530 COVERAGES YI JI:; t9 l CF J2TII'Y'i liP-I"Eii1= I'bLIn ICli OF TNGiJNANGC: S-: S'f J=, I) AF_L:`:VJ IIAVG 3EEI4 NF. INSU; 'D NAMCO AHbV NOP. THE Pelt i(�Y PF_Al— INOTCATkD NOTWMISTAN[)IIJC At;' OR 1,01,1110 KH!]f' ANY f:(?Nfl-i t 3R 0 1-t{E 12 Ih. t:1JMGNT V:ITH 111-31 -C'r rY —i Oii rHin C. 1ATWICATP_WAY et! M-SOS 'n !»A MAY I':'MTAIN,'Fl L It1'i V11ntJ c; }a r+PF'.)—ro �r:�nlD by 'THS Poi.fc',f.ii ((] AIA. THE TILHI.AS. r.LKIM�_ E%CI.IJ' Otc� AN(} CONOMC AAS Ol' SVbtl POLICIES t-TNJJ JF, SHOWN MAY HAVE GEEK Ptt:l)Qu L-o ry fJ TYPE: OF INSIJ ItAN(: F_ aLIc:Y NNIS t35R PCUCY OPPGCTJVG POISCY G%f IRATIQM } OLIOY ;.0411 t; I. YR [ll+TH (MM/f11]NY) VATS IM WIIc1f]NY) -- A c�MSI�nL unJa11,ITY CPS2456503 04/10/2016 7 7 04/101201. Al;I,FI AI Acca Jz r-.-snY'i_ � 2,000,000 ® T.c]MMtAt[: u\L I:Nf-'R:.L S_SAtlI1.tlY coraPraNs NlionJJcra 2,000,000 M CONYR/A!=1'u:v. [nL41)l:NTAI. (}NI,Y E'L'R!:C'Nn1.5 1,t)€11�,0VV ❑ OWHEZti 3 CONTi 470RS PHO f nnvl'-fii Ic;mci IIJ.JI.+RI' y Ef'01 OCCURRENCE S 1,00(),000 FIRS ONOAGE (Any wie Fire) S 100,000 M.E0IGAL aPFNSL {Ary nre pe!San) C 0 !�BIHEC © AUTOMOBILE LIABILITY SINGLE L0011 � ❑ ALL 0"' NED COMMF-RCIAI. AU10S BODILY INJURY IprR PrRSON) $ ❑ SCN�[ uLa D nGToS BOD€LY INJURY ❑ EffR 0 AU fO5 (PER ACCIDENT) S © NQN-OWNED AUTOS PROPERTY DAMAGE $ 0 GAfT;,GE UABILTY GARAGEAGGREGATE $ ❑ UMBRELLA LABILITY � LIT S STATUTORY [] WORKERS Ji EACH ACCIDENT $ AND WSI]ASE—EAGif EMR.OYEE g EMPLOYERS' LIBILITY DISEASE POLICY LIMIT DESCRIPTION OF OPERATtaNWEHICIE$RESTRICTIONSISPECIAL ITEMS: Fishing moats and tackle rentals and bait supplies. City oi'l.,ake l-tsinore is included as additional insured fnr the #acility Ioc tTted at 37.040 Riverside Dt'. Lakc ELsiuoRe, C;A 92530 CANCELLATION CERTIgIC(A'rE H 0 LDER iii C1i !)ABY Cf TEiE ! J'tE L'LSCfi!EED i 1L4CIE5 BL CIZftCELEED flEPCRE THE tXPIRAT[ON DATE THEREOF, rRl� IS9t'ING CCl�.PAN1' Y1iLl.. EIEI?I;1,VOR TO 6iAILs:l Dlis5 6's#iltl'E.N NOTICE TO'THE C:"#tilfl::A7L" NGLD"rR NidLEn T'O TIiE..E#�T R11T PAiI URL TD .!F€I. SUCK i.�;T"I10E SHALI. 1+3POSI: NO O4iLIGRi'I pN pa LIi!61LITY Ci� City ofl Ifake Elsi-none ANY KING UPO0 , TNF C 0 tAPANY, !TS A(;PNTS OR RFPRFV..NTA fiVrfi N:Tine 130 South Main Street e Address rake Elsinore, Cly 92530 Ph: (951) 074-3174 ,tUTHCFVFD11r-.fREi1:!l s WE Total Annual Policy Premium : $3,540.50 Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable. COVERAGE A. Liability Bodily Injury Property Damage 8, Medical Payments LIMITS $ 250,000 Each Person e 600,000 Each Accident $ 100,000 Each Accidont $ 1,000 Each Person C. Uninsured Motorists Uninsured Motorists 3 250,000 Each Person Bodily Injury e 500,000 Each Accident PREMIUM PER VEHICLE VEH 1 VEH 2 e364 $1,357 Yes Yes $17 $77 $55 $239 To report a claim By Phone 1.800-2CLAIMS 1-800-225-24671 Online L roe r tyM ut ual.e om?c la I ms Page 1 of 4 AUTO 3079 10 09 �511 ibe ty it u. "'"` ""E Policy Declarations IN'i UeA A summary of your auto insurance coverage Thank you for renewing with us. Your declarations are effective as of 04/03/2016. INSURANCE INFORMATION t , MW ACTION Named Insured: Christina Johnson REQUIRED: Wlliiam Johnson Please review and Policy Number: A02-268-113374-706 6 _....... keap for your records- Policy Period. 04103/2016-04/0312017 12:01 AM standard time at the address of the Named Insured as stated below. QUESTIONS ABOUT Malling Address: 198 S Nebraska St YOUR POLICY? Lake Elsinore CA 92530.1853 _ By Phone Affinity Affiliation: Dodge For Service: Vehicles Covered by Your Policy Liberty Mutual VEH YEAR MAKE MODEL VEHICLE ID NUMBER PO Box 970 Mishawaka IN 46546 1 2014 DODGE DURANGO 1 C4RDHDG3EC500791 2 2009 DODGE RAM 1 D3HB 1 BKX95BO7739 Visit us online LibertyMutual.com Coverage Details Your total annual policy premium for all covered vehicles is shown below. A premium GO PAPERLESS is shown for each type of coverage you have purchased for each vohicle. Where no premium is shown, you have not purchased the Indicated coverage for that volticla. Manage your policy 24/7 on osorvice CoV'ersi Infoyryratiori _ _ _ _ LibertyMutual.com/register Total Annual Policy Premium : $3,540.50 Your discounts and benefits have been applied. Includes state sales tax and local surcharge where applicable. COVERAGE A. Liability Bodily Injury Property Damage 8, Medical Payments LIMITS $ 250,000 Each Person e 600,000 Each Accident $ 100,000 Each Accidont $ 1,000 Each Person C. Uninsured Motorists Uninsured Motorists 3 250,000 Each Person Bodily Injury e 500,000 Each Accident PREMIUM PER VEHICLE VEH 1 VEH 2 e364 $1,357 Yes Yes $17 $77 $55 $239 To report a claim By Phone 1.800-2CLAIMS 1-800-225-24671 Online L roe r tyM ut ual.e om?c la I ms Page 1 of 4 AUTO 3079 10 09 CALIFORNIA EVIDENCE OF LIABILITY INSURANCE POLICY INFORMATION VEHICLE INFORMATION Policy Number Yom 2009 A02-268-113374-70 6 6 moxa DODGE Poi(cy EH.otlea 0-1- 000312016 em04103/2016 M.dO RAM P.Iluy E.,Tradon Out. Vebldc IdanuBuo6on Number 04/03/2017 1D3H818KX9S6O7739 N.M. of Ieourod CHRISTINA JOHNSON WILLIAM JOHNSON 198 S NEBRASKA ST LAKE ELSINORE CA 92530-1853 CnmPaay Nama: LIBERTY MUTUAL FIRE INSURANCE CO. NAIC Number: 23035 Mutual. �HSU6ANCR CONTACT US To report a cl.lm 1-800-2CLAIMS (1-800-225.2467) Cumomm omelco 1-800.225-8285 Iloadslda A..I' e.c. 1-800-426-9898 Curd Efl c W. Oete 0410312016 Curd ExPimtlen Onto 0410312017 MKT 610 W OS AMENDMENT NO. I TO AGREEMENT FOR OPERATIONAL MANAGEMENT OF LA LACUNA RESORT AND BOAT LAUNCH 'PHIS AMENDMENT NO. 1 TO AGREEMENT FOR OPERATIONAL MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH ("Amendment No. I"), dated for identification purposes as of December 1, 2015, 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. 1 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 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. Section 3.2 of the Original Agreement provides, in pertinent part, that "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 for one (1) six (6) month terms ...." (:. The parties now desire to extend the term of the Original Agreement by six (6) months as provided in Section 3.2 of the Original Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows: I. Pursuant to Section 3.2 of the Original Agreement, City and Operator agree to extend the term of the Original Agreement by six (6) months. [Signatures on next page I'16t /AIll Ondment IO I a I.NLkill o 1lhC rHtlonS \H reenl ell 11111011 ? 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the respective dates set forth below. DATED:- 2015 DATED: ! d , 2015 First Amendment to La Laguna Operations Agreement 0120415 2 WILLIAMS BAIT & TACKLE, INC., a California corporation, doing business as WILLIAMS BAIT, TACKLE AND BOAT RENTAL By: 41 PiamPonsonpresiWent CITY OF LAKE ELSINORE, a municipal corporation by: Cr1MMFRCIAI CFRTIFICATF OF INBIIRANCF Issue Date (MMIDDIYY) AGENCY ROBERTnaPPER. INS AGENCY 04/16/2015 Name 176321RVING [1L,VD 8100 This Certificate is issued as a matter of infomtation only and Confers no rights 9'US'nN, CA 92780 upon the certificate holder. This certificate does not amend, extend or alter the Address coverage afforded by the policies shown below. Bus 657-600.9106 FaxN714-976-1449 COMPANIES PROVIDING INSURANC E COxPN1Y lfii(N Wi11ia1n ceuvun 'T`ER A: Scottsdale Insurance Company INSURED ,lotNTson Name DBA Willinms Bait and Tackle and Boat Rentals OQuireu`Y a 32040 Riverside Drive Arun Address un p. l.,ake 17Isinore, CA 92530 COVERAGES u. n+Ar I'. rplic,Er. of i«n .-ti Nnbe ar.E«LL:noEo in 1.,:iu.,.1 F11 I AA.F.n .N r0. PolWY anRiou I cAreo IO rvn,N9T. aw,AO lR aRe F.III Ior A« corvrNAcr oa DOER OOcuxrenT..TN R. .E. .,Nr,.., AY°E,osOEO ON MAY Pg11eT"W, n.E wnunnaeE ° r c.Es. um'o m,oN MAY "AV" eeEN Reoucco scLOs.ON8 ANO COOD IONS O m+°«A ounw r , ouc.En OEncnmcO ,mruz,N,:; s,a+.u: T To ALL TOL TInOV. eT oYPA.o c.�..Mo� ' TYPr:. nr,NouoA.Ia AOI 11.1 NONOER roe. v srrEan7c 'rG IMM/MNV) uuen..+w. 41Mm/u4NV1 ,Dour uM.Ys A CPS2215870 04/10/2015 04/10/2016 �oeneo^'E ' 2,000,000 .l)Nf.,iN(:N. ntlNCAK t.nn...nY NnuuCTS.COMP+PP6 ❑ -OEc«RRENEEVERn.°N AG�..E�AT4 2,000,000 ❑ aN,RAvlun....Nf.NNNTnt GNEY 1+Qg�.Q�D ❑ OPINERS 6 CONTRACTORS PRO AlimaT.m«o .Nmnv EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE thay arc File) $ 100,000 NIEDICALEXPENSE (Any no person) $ 5,000 _ ❑ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ❑ ALL OWNED COMMERCIAI. AUTOS BODILY INJURY (PERPERSOM $ ❑ SCHEDULED AUTOS ❑ HIREDAUTOS BODILYINJUNY (PER .4CCIDF.NiI $ ❑ NON -OWNED AUTOS PROPERTY DAMAGE $ ❑ GARAGE LABILITY GARAGE AGGREGATE $ ❑ IIMBRW.A LIABILITY LIMIT $ ❑ WORI(CWCOYPENSATI O N STATU7oHY EACH ACCIDENT s AND USEASE—EACH EMPLOYEE $ EMPLOYERS'LIBILITY DISEASE POLICY LIMIT $ DESCRIPTION OF ORMAN ONSNE.IiICIES:RESTR(CTIONS!SPECIAL ITEMS Fishing beats and tackle retrials and bait supplies. Pyramid Enterprises Inc. is irwhided as additional insured For the facilit • located at 32040 Riverside Dr. Lake Elsinore, CA 92530 CERTIFICATE H 0 LOER CANCELLATION SN OULO ANY OF TILE ABOVE. DESCMBCO POLICIES BE CANCELLER BEFORE THE EXPIRATION OA IE THEREOF, THE ISSUING COMPANY NSU, ENDEAVOR TO MAIL 16 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T NOTICE SHALL DSR. NO 081,18,411 ON OR LIABILITY OF IOMPF Pyrafnid Enterprises Ine. IKINO UPON RHE C YR TSAGENI S OMAIL RTR PRESENAIIVES Name 23368 Constellation Rd. 11380 9 Address Valencia, CA 91355 Ph: (661) 702- 1420 Fax: (661) 702-03 14 AUTHORIZED RFPRESENTARVE ACREEMENT FOROPFRATIONAL MANAGEMENT OF IgA LAGUNA RESORT AND BOAT LAUNCH 1'I[IS AGREEMENT FOR OPF,RATIONAL MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH (Che "Agreement"), dated for identitication purposes as of ,lune I, 3015, is made by and between the Cfry OF LAKF H,SINORB, a municipal corporation (hereinafter referred to as "City") and WILLIAMS BAIT & TAC IAf� INC., a California corporation, doing business as William's Bail, Tackle and I?oat Rental (hereinaher referred to as `Operator"). RICI'I ALS '1 his Agreement is made with reference to the following facts which are a substantive part hereof A. The Lake Idsinore Recreation Arca (AFRA") was established by the State of ('am,ornia for the purpose of making available to the people for their enjoyment the natural, cultural, and recreational values of -the largest natural Iake in Somhorn Calirornia. 13. The function of the City at the I ARA is to manage, protect, and, where necessary, to restore its natural and culu.ral resources and values for their perpetuation in accordance with the public park and recreational purpose; to interpret these values cffeetivel,y; and to provide facilities and services, consistent with the purpose of the part., that are necessary for the Pull enjoyment ofthe park. C. The City and Operator wish to set All the terms and conditions by which the Premises will be maintained and operated. D. The City Council finds that it is appropriate that this Agreement is entered into to achieve the above stated purposes and to promote the safety and convenience or the general public in the use and enjoyment of and the enhancement of recreational and pail: expericnccs at the Premises.. that the Agreement is not being entered into solely for its revenue producing potential, that the proposed operating plan is compatible with the Lake lAsinore Recreation Area General Plan, and that Che operating plan will not result in the loss of public park space. NOW, I I IBRLhORG, in consideration of dae mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows: USI'. GRANTE I 1.1 Operator is hereby <wthorizod to operate and mainCain the Premises including authority to (i) rent canalasites; (ii) allow the launching of howls and personal water craft onto lake Iflsinote; (iii) sell bait, MAN and Nowt and wader ski parts and accessories; (iv) charge fees for rental of boats including, but not limited to, sailhoaid, (powered and unpowere(l) and personal wafer crag (v) sell prepackaged l6od and non-alcoholic bevc ares; and (vi) allow entry by individuals and gnmis into designated day-usc only areas. t)p, mon A, icvniri :nal Born 'agC 1 .2 Operator understands and agrees that this Agreement is by license and not lease; confers only permission to occupy and use. the Premises described fin' prescribed purposes in accordance with the terms and conditions hereinafter specified without granted or reserving to Operator any interest or estate therein; the expenditure of capital and/or labor in the course of use and occupancy thereunder shall not confer any interest or estate in the premises by virtue of said use, occupancy and/or expenditure of money thereon; and it is tile intention of the parties to limit the right of use granted herein to a personal, revocable and assignable privilege of use in the Premises for file license granted herein. 2. PROPER"fY 2.1 The operation shall be conducted on the real property referred to herein as the Premises and commonly known as the Im I.mpma Resort and Boat Inimich as shown in the attached Rhibit "A" attached hereto and incorporated by reference. herein. 2.2 The Premises shall be used only and exclusively for purposes authorized herein, and such other purposes as are related tlucrclo provided express approval therefore is granted by the City Manager or his/her designee, and for no other purposes whatsoever. 2.3 Operator acknowledges personal inspection of the Premises and the surrounding area and evaluation of the extent to which the physical condition thereof will affect its operations. Operator accepts Che Premises in its present physical condition and agrees to make no demands upon City for any improvements or alterations thereof. 2A Any improvements, addition:;, alterations, or changes to the Premises shall be subject to prior approval by the (Ty Manager, and applicable permits shall be secured in compliance with such terms and conditions as may be impned by the City. Ally ci;nsfruetion shall be at Operator's expense. 2.5 file temporary wailer/building designated as "William's Bon Tackle and Boal Rcntal" (the "General Store") is owned by and is the property of Operator. Improvements, equipment and inventory related to the Gman'id Store shall owned by and be the property of the Operator, provided however that and equipment and software related to the campground reservation system shall he the property of and owned by the Cily and/or its reservation software vendor. Ownership of all other structures, buildings or improvements constvcled by Operator upon file Premises and Al alterations, additions or betterments thereto, shall become the property of file City without compensation being paid therefor, subject to the rights granted to Clue. Operator hereinabove. 3. TI .k M 3.1 I he Initial Term of this Ar;rccment with respect to the Premises shall commence on (he Commencement Bate for a period (0) months. l a i uu,i UlI, ,I 1 'a 11, l I ) I .n d 'I, i, Pa;.c _) 3.2 Provided Operator is not then in default under the terms of this Agreement, at the expiration of the Initial Operating'ferm, the City (acting through its City Manager) and Operator may, upon both part)'s mutual a frecnhent, extend the term of this Agreement with respect to the Premises for one (1) six (G) month terms, on the same terms and conditions as contained in this Agreement (the "I Xlension Term" ). 3.3 lu the event the Operator holds over beyond the term herein provided with the consent, expressed or implied of City, such holding shall be from month to month only, subject to the conditions of this Agreement; shall not be a renewal thereof', and shall be at the monthly compensation provided herein. zt. RLiVI?NUHS AND PAYIbIEN S 4.1 Campground and Boat Lauhoh C)perations Revenues. Operator shall pay and remit Wily the Campground and Boat Launch Operations Revenues. 4.2 General Store Concession Fee. In consideration lot- the use granted herein, Operator shall pay the City a sum equal to four percent (4%)) ofGencral Store Gross Receipts. 4.3 La 1,aguna Operating lee. Ili consideration for the Operator's operational responsibilities, City shall pay to Operator the La Laguna Operating Fee. 4.4. Payments to (he City of the Campground and Boat Launch Operations Revenues and the General Store Concession Fee shall be made on or before the fifteenth (15"') day of the calendar month following each month of the term of this Agreement, with the thst payment a) he made no later than July 15, 2015. Payment shall he by check or draft made payable to the City of We Elsinore shalt be mailed or otherwise delivered to he City of lake Elsinore, Attention: Director of Administrative Services, 130 South Main Street, Lake Elsinore, California 92530. A Kate payment charge oitwo percent (201)) per month shall be added to any late payment received after the last day of the calendar month in which payment is due. I lowever, the late payment charge herein provided may be waived, whenever the. City Manager finds the late payment c cusable by reason of eytenuating circumstances. At no time daring the term of this Agreement shall the Cily be ohligated to notify the Operator ofthe aecllmU100111 of late payment charges. 40 The La 1 aguua Operatilq Pec shall be paid by City to Operator in advance on a biweekly basis during the term of this Agreement and will he based on the Schedule or lees and Flours set kmlh in Exhibit '10 which is incorporated herein. The. City agnes to pay x;14000 on or about .lune 10, 2015, or a Reasonably practical T wafter, an- the I Laguna Operating Pee for the weeks of June 1 through .lune 7 ($(1,717.00) and June 3 through .lune 14 ($47171 provided that a credit in the amount of $15=0 shall he applied to the La Laguna Operating Pec for the week of June. I S through time 32. Payment shall he by check or draft made payable to William Johnson dba William's Bail I ackle and Boat Rental and shall he mailed or otherwise delivered to Williams Bait & tackle, Inc., I98 S. Nebraska Street. lake Elsinore, CA 975MV The payment or the La I aguna (tionlin q Fee Owl be withhold in the event that We Operator has failed to make a thiel} paymcin of the Campground and )heal Launch Operation Revenues and theGeneral `;tore Concession lec as provided in Section I.I. l ei I , ,,,n I hu,i.a \ ... rri i 1. 1- 15 1 ",l do, Pzwc 3 5. ACCOIIN'f1NG t26CORDS 5.1 All sales shall be recorded by means of crash registers which publicly display tine amount of each sale and automatically issue a customer's receipt or certify the amount recorded on a sales slip. Said cash registers shall in all cases have locked -in sales totals and transaction counters which are constantly accrnnulafing and which cannot, in either case, be reset. In addition, such cash registers must have a tape located within the register upon which transaction numbers and sales details arc imprinted. Beginning and ending cash register readings shall be made a matter of daily records. In the event of a technical or electrical failure of the cash registers, Operator shall record by hand all collecdorim and issue of sequentially pre -numbered customer receipt in a like Manuel- 5.2 anner 52 Operator shall maintain a method of accounting which shall, to the satisfaction of the City Manager, correctly and accurately reflect the gross receipts and disbursements of Operator in connection with the operation. The method of accounting, including hank amounts established for said operation shall be separate from the accounting system used for any other business operated by Operator or Ar recording Operator's personal financial affairs. Such method shall include the keeping of the following documents: 5.2.1 Regular books of accounting Such as general ledgers; 5.2.2 Journals including any supporting anti underlying documents such as vouchers, checks, tickets, hank slaWments, etc.; 5.2.3 State and federal income tax returns and sales tax returns and checks and ether documents providing payment of sums shown which shall he kept in confidence by City; 5.2.4 Cash register tapes (daily tapes may he separated but shall be retained so that from day to day the sales and/or rentals can be identified); 5:2.5 Any other aecotn ring records that the City Manager deems necessary for proper reporting ofreceipts; 5.3 All documc-nts, hooks and accounting records shall be open for inspection and re- inspection at any wasunable lime during the term of -thin Agreement and for twelve ( 4) months thcwatter, In addNAAL the Oily may from time to time conduct an audit and re -audit of the books and business conducted by Operator and observe the operation of the business so that accuracy of the above records can be confirmed. 5.d Operator shall lurnish the City Manager with a monthly gross receipts report showing, the am(nml payable the' eli-oul to the City. Such a report shall accompany each minimum rent or per(eningc rent payment required to be madc as provided heroin. I be monthly reporrin� period shall he by calendar mouth rather than monthly anniversary (late of the elfective date of this Agreement. In addition thereto, Operator shall furnish a semi-annual profit and fuss slatcmenl and a balance 5hw prepared by a person and in a form acceptable to the Cily. The I _i I I, ai.p r lh,j ll a A,1<cvw[ll i, I / I i I-1 r1 d- , I'age f semi-annual profit and loss slatcmcat shall be submitted within sixty (60) days of the close of the Initial "term and I:xtcnsinn Term. Said closing date shall be determined by reference to the date for commencement ofthe term herein provided. 5.5 In the event that an audit or review conducted by the City's Director of Adminitorative Services and/or City Manager finds that, due to Operator's non-compliance with its obligation to report gross receipts received in connection with its operations authorized herein, an actual loss and/or a projected loss of revenue to City can be determined, the City Manager may, at his option, (I) bill Operator for said losses, said amount to be paid to City within thirty ('30) dais 5111mving billing therefor unless otherwise specified by City Manager; and/or (2) use the Security deposit as provided for herein; and/or, (3) assess liquidated damages. The parties agree that h will be impracticable or extremely dlrfiCUh to fix the extent of actual dam ages resulting from the failure of the Operator to correctly report gross receipts, and a projected loss of revenue due to City. The parties hereby agree that under the current circumstances a reasonable estimate of such damages is Fifty Dollars ($50.00) per day for each clay of the loss period as determined by City for liquidated damages in said amount. Should the City Manager find that the additional rental paymetlt due to City exceeds fwo percent (2%) of the total amount which should have been paid as determined by such review or audit and observation. and there being no reasonable basis for the I'ailure to report and pay thereon, Operator shall also pay the cost orthe audit as determined by City and pay any penalty heretofore provided for the delinquent payments. 5.6 Operator shall cause all of urs sub-operators to comply with these requirements except. that a sub-operator shall only be required to establish and maintain those accounting records that the City Manager deems necessary to examine the reported gross receipts in accordance with generally accepted auditing standards. (i. OITRA II ON ALRE:SPONSIII IUJI IGS 6.1 Operator shall conform to and abide by Al municipal and City ordinances. and all state and Ieclaal laws and regulations, insofar as the some or any of them are applicable; and where permits and/or licenses are required for the operation of the Premises, any related activity and/or any construction authorized herein, the same must be first obtained from alae regulatory agency having Jurisdiction thereover. In particular, Operator shall require that all boat operators utilizing the Boat Launch to access We ldsinore have purchased a City Lake Use. Pass. Operator shall prepurchase IAke. Ilse Passes from the City and shall offer such Lake Use: P;as'Ws for sale to the public at all time during operation or the Premises. Further. Operator shall conform to and abide by all rulm and regulations and policies ofdae ('ity. 6.2 Operator agrees to exercise every reasonable erfbrt to not allow any loud, boisterous or disordc O pc'sons about the Premises. 0.3 Operator shall not knoavingly permit any illegal actre ilies to be conducted upon Ihc. Premises. I.1 \�iam.m ?i Pow. Pow..5 6.4 Operator shall not host signs upon any City livVerty or improvements thereon unless prior approval therefor is obtained from the City Manager. 6.5 Operator shall use ifs hest efforts to maximize the public use of the Premises and the facilities thereon in accordance with the conditions herein. However, Operator shall not interfere with the public use of the remaining areas of the I,ake lilsinore Recreation Area. 6.0 Operator's Staff 6.6.1 Operator shall maintain an adequate and proper staff for its authorized operations based on commercially reasonable budget paramcicm and Reasonable needs. Operator Shall designate one member of the SUMS an Operations Manager with whom Cily may deal on a daily hasis. Any person selected by Operator as Operations Manager shall be skilled in the management of businesses similar to the campground/hoot launch operations and shall be subject to reasonable approval by the City Manager. 'lie Operations Manager shall devote substantial time and attention to the operation of the Premises and the Campground and render such services and convenience to the public as are required. The Operations Manager shall be - fully acquainted with the operations o'f' the Premises, familiar with the terms and conditions prescribed therefore by this Agreement, and authorized to act in the day-to-day operations thereof'. G.G.2 'fhe City Mmrager may at any time give Operator written notice to the effect that the conduct or action of a designated employee of Operator is, in the reammahle belief of the City Manager, detrimental to the interest of the public patronising the Premises. Operator shall t ansf r or reassign any such employee within a reasonable period of time following notice lhcrelar from file- City Manager, and such employee shall not he assigned to any other City foc i I h y. 6.63 Operator warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees peel=ormin;l services heroin meet the citiienship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P. L. 99-603). Operator shall obtain, Hvin all covered employees perfbrnung services herein, alt verification and other docuill elliation of employment eligibility slants required by Ie-dcral statutes and regulations as they currently exist and as they may be hembler amended. Operator shall retain such documentation Ar all covered employees for the period prescribed by law. Operator shall indemnity, defect, and hold harmless, the C hy, its agents, officers and employees fiom employer sanctums and any other liability which may be assessed against Operator or City or both in connection cwith any ,alleged violation of Icdcral statutes or regulations peroining eo the: eligibility far employment of persons performing services under this Agrecmcnt. 6.6.4 ( )perator .shall file with the City Manta ter a ceA kale Aw each member of the lood and heverage that within the. last Iwo (2) years, such person has been examined and has been found to he free of communicable tuberculosis. A Milkate" means a document signed by the examining physician and surgeon who is licensed under Chapters (conllncucin,�! with Sca f ion Moo)., Division 2 of the Calif wnh Business and Prolcssinns Code. or I ., II i i,:a.ili u, 1 i duei it ,I ,, I an I Jose I�agC 0 a notice firm a public health agency or unit of the Kherculosk Association which indicates 11wedom from active tuberculosis. 6.7 Mininuun Days and a foot. of Operation and_Fees, 6.7.1 The premises shall operate during all days and hours that the We Elsinore Recreation Arca is open to the public. Operator shall contact the Director no less than once a month to obtain file upcoming month's days and hours of operation, Any changes in days or hours ofoperations must receive prior approval ofthe. Director. 6.7? The. Boat Launch shall operate as follows: a. Daily from sunrise to sunset from April Ist to October 31st each year. b. Friday, Saturday and Sunday from sunrise to sunset from November Istto March 31st each year. C. Monday through Thursday from sunrise to sunset firm November I st to March 31" each ,year. d. Subject to consent from the City Manager and compliance with the I_Ake Idshorc Municipal Code- the Operator may operate the Bout Launch after sunset. 6.7.3 'rhe hours orservice provided by the Operator are set forth in the Schedule of l=ees and t {ours. Exhibit "B" attached hereto. 6.8 prices. Operator shall at all times maintain a complete list or schedule of the prices for all fees, charges, goods, rentals, and services, or combinations thereof, supplied to the public on or from the premises. The City Manager hereby reserves the right to review and approve said ries and charges. prices shall comply with the requirements under any grant agmement with the Department of Hoating &,. Waterways concerning launch fees and such other prices shall be fair and reasonable based upon the following considerations: that the campground And boat operation is intended to serve tlac needs o1 the public for the goods and/or services supplied al a lair and reasonable cost; comparability with prices charged for similar goods an&or services supplied in the Riverside Metropolitan Area; and reasonableness of prolil margins in view of the cost or providing; same in compliance with the obligations assumad in this Agreement. In the event Cily notines Operator that prices being charged are not fair and reasonable. Operator shall have the right to center with the City Manager and justify the. prices. Following reasonable conference and consultation thereon. Operator shall make such price adjustments as May be ordered by file City Manager. Operator may appeal the deterMination of the Cite Manager to the (Ty Council, whose decision thereon shall be final and conclusive. O.9 Oaa i_jity of'Gt)c ds and Services. Service to die public. with roods., services- and merchandise of a high quality and at reasonable charges, is of priMe concern to the City and is con,idc-reel a part of the consideration tial this Ar rcemem. f hcwkwe, Operator yaws to operate and conduct its operation in a first-class manner, and comparable to other first-class facilities providing similar activities, programs and services. Where such facilities are provided, Operator shall maintain a high standard of service m least equal to that of similar events and programs conducted on City parks and/or adjacent connntmities and to those prevailing in such areas for similar products and services, and without discrimination. Operator, following receipt ()('written notification therefor, shall immediately remove or withdraw from sale of any goods or services which may be found objectionable to the City Manager based on findings that the provision of such goods or services is harmful to the public welfare. 6.10 Utilities. With respect to the Premises, City shall provide and pay for any necessary utilities, including telephone, water and electricity, consumed by Operator in the operation ofthe Premises. Operator waives any and all claims against City for compensation far loss or damage caused by a Met, deficiency or impairment of any utility system, water system, water supply system, drainage system, waste system_ heating or gas system, electrical apparatus or wires serving the Premises. City shall pay for any new connections to the existing utility services necessary for the operation of we Premises. provided, however that Operator shall for any new connection to existing utility services necessary for the operation of' [Ile 6cneral Store. 6.1 t Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawFul tire hazard. or material detrimental to the public health, shall be permitted or remain on the Premises and within a distance offifly (50) feet thereof, and Operator Audi prevent any accumulation thereof lion occurring. Operator shall fm-nish all equipment and materials necessary, including trash receptacles or the size, type, color and number required by the City Manage', to maintain the Premises and the area within a distance of lilty (50) feet. thereof in a sanitary condition. City shall provide that all refuse is collected no less than once a week by its existing franchise hauler. 0.12 11ousekeeping and Maintenance 6.12.1 llousel:eCpinU 01'Pronuses. During the tetra or this Agreement. Operator Audi be responsible at is sole cast and expense, for conducting all Itousekecping of the Premises in order to assure that the Premises is in good and SUhStariLial condition, and ON in a clean, sale, wholesome and sanitary condition free of Lash, garbage, or obstructions of any kind. 6.12.2 Nh riute_nanee and Rein of Premises. During tile, term of this Agreement, City shall be responsible al is sole cost .and expense, liar conducting all Maintenance and Rcpair of the Premises in order to assure that the Premises is maintained in a Reasonable good state of repair and preserve the Premises and the improvements thereon are preserved fior an Reasonable useful lift^. Not vvidlstanding the fbregoin,n„ [he City shall have no obligation to maintain or repair the General `;tore nor any equipment owned by Operator (including rentals equipment such as vessels) related to the opeati(n thereof. 6.12J Default. Either party may cure the dcfauh of the (Aber party hereto with respect to the obligalion.s assurnod in this `seotion 6,12, and upon performance, fhcreorshall acquire if right of roimbursemenl theruCrom for the actual costs or same. including, but not limited to. the cost of labor, matcrink and equipment furnished in the correction thereof, I.11 i_ma, �j I, I,(I1!,.,a),"!i, I.; IhI"!dn,n P:f}w8 provided there is prior mutual agreement between the. Cily Manager and Operator upon File nature and scope of the work to be performed and the costs to be incurred thereby. Any demand of City Por reimbursement hereunder shall he satisfied by Licensee through a credit against the monthly La Laguna Operating FCC, commencing with the month next succeeding the date of completion of the housekeeping performed, and for each and every other month of the remaining term of this Agreement, until a total credit has been provided of the actual costs of cure. Any demand of Licensee for reimbursement hereunder shall he satisfied by Cly through a credit against the monthly Revenue, commencing with the month next succeeding the date of completion of the Maintenance and Repairs performed, and for each and every other month of the remaining term of this Agreement, until of total credit has been provided of the actual costs of cure. City and Licensee waive all rights to payment on their mspeclive, rights to reimbursement for the actual costs of cure oPthe default of the other with respect to the maintenance ohligalions assumed herein, except in the manner and amounts heretofore provided. 6.13 Scan' .IJevices, City, al its Own expense, may provide any legal devices of- equipment requipment and the installation Ihcrcof, designated Or the purpose of protecting the Prantises fi-om theft, burglary or vandalism, provided written approval for installation thereof' is first MAW front the City Manager. 6.14 Safe. Operator shall immediately correct any unsafe condition of that portion of the premises designated as the campground and Boat Launch area; as well as any unsafe practices occurring thereon. Operator shall immediately notify City of any unsafe condition at the Boat Launch and correct any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises, including a prompt report thereof, to the City Manager. Operator shall cooperate and comply fully with county, slate, municipal, federal or any other regulatory agency having jurisdiction thereover, regarding any salcll inspections and certifications of any and all Operator's structures, enclosures, vehicles, booths, equipment and rides. W15 We I'M res Operator has provided the General Storc and may provide storage containers of- other rother temporary minor structures in connection with for the operation of file vessel rentals and other patron services at Premises. Within the Iasi thirty (30) days preceding the termination of this Agreement. Operator shall remove same from the Prcmises, other thaw for those items of personal property which have been furnished by City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Operator fail to so remove: said appliances. fi.u'nilure, fixull-es, equipment, dorm lochs and padlocks within said thirty (30) day period, Operator shall lose all right, title and interest in and thereto, and City ntny elect to keep same upon the Prcmises or to sell, remove or demolish same:. Operator shall rcimhursc City for any cost as determined by the City Manager incurred in cscess of any considerad oil rcccivcd From the sale, removal of demolition thc-rcol'. I a rue Ip.h. A. n.rnv h 1 71 S -mal Ju.': f�,l kL� it 6.16 Mercli tndise/Food Products. Operator shall provide and maintain an inventory of merchandise required to mcct the Reasonable needs of the public. therefor. All food and beverages sold or kept for sale by Operator shall conform to the federal, state and county food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall knowingly be sold or kept f'or sale by Operator and all merchandise kept on hand by Operator shall be stored and handled with Rcasonable regard (of- safely and sanitation. In the event that the City Manager determines that any merchandise docs not meet the requirements of this section, the City Manager shall have fhe right to order the improvement of the quality of any such items kept or offered for sale. The City Manager shalt have the right to prohibit the sale of- rental rrental of any item of merchandise on finding(s) that the item is reasonably determined to be ol' inferior quality and/or that the item is detrimental to the public. 6.17 Quitument/Annual bake the Pass. All boats and non -powered personal water craft, hereinafter referred to as equipment, offered for rental shall he of a design and make approved by the City Manager prior to use. F'quip tient offcral for rental must be of a design which will lolly comply with any and all safety requirements of the State of C'alif'ornia, Department of Boating and Waterways and the Unified States Coast (;uard. Life jackets or 1lomable safety cushions must also be supplied for all persons utilizing unpowered and powered personal water craft. Said floatation devices must meet acceptable sa(cty standards as determined by the appropriate federal and state agencies. Equipment offered for rent shalt be numbered in accordance with applicable regulations established by the Department of Motor Vehicles, State of California. Operator shall provide, at alt times that boat rental operation is open to the public, a powered boat which shall be available Por use by Operator or his employees for emergency purposes in retrieving rental boats or in patrolling the lake to ascertain that rental boats are complying with all safety regulations. Operator shall include a disclaimer in rental agreement that the City is not responsible to tow rental boats if they run out of gas, mechanical li lure or cause an accident. Each rental vessel shall display a City Commercial bake Use Pass sticker at all times. rhe sticker shall be aRhed to the vessel within Our inches of tthe. vessel's C_[', nu nhers on the PON side. The Commercial bake Use pass shall be valid Rw the calendar year (.Ianuary I duough December 3l). 'The Commercial hale tise Pass stickers Or Operator's rental vessels shall be provided to Operator at no cost to Operator in recognition that the General Now (Amcession Pee is applicable to the rental of vessels by Operator. 6.13 J'foeranun_d Fvcgt,s. Operator shall not promote or sponsor private or public events requiring the use of any other areas of the lake Elsinore Recreation Area other than the Premises unless authorized by the City Manager. Ilowever. this provision shall not prohibit Operator 11rom generally advertising or encouraging public use of Lake kisinore Recreation Area. 619 ywrnp i g 6.19.1 11cept as provided herein, under no circumstances shall a campsite be rented to any individual, entity of organiz.alion a period of more l lloo.en (14 ) consecutive days in any twenty-one (2 1 ) day period. I., mre <lp<Iai II A� , , I tj 11, 1 1 1-drd 111,. I' I C I I) 6.19.2 I scegion _liar_ Off Season C,n.nn ing. City and Operator recognize that following the Labor Day weekend and prior to the Memorial Day weekend each year, utilization of the Lake Elsinore Recreation Area is substantially reduced. In order to economize operations at reduced levels and allow for completion of deferred maintenance to restroom facilities, Operator shall be allowed to restrict crimping on the Premises to fully self-contained recreational vehicles for long-term camping as determined by Operator. Notwithstanding the foregoing, City and Operator agree that no occupancy of the Premises shall be allowed liter a period of six (6) months or more that would result in any person becoming a `resident" of the Premises as that: term is defined by Civil Code section 799.31, and as it may be Subsequently amended. Moreover, the parties agree that Operator shall conduct its operations as to prevent establishment of a mobile home park on the Premises. 6.20 Advellisino and Promotional Materials. Operator shall not promulgate nor cause to be distributed any advertising, or promotional materials unless prior approval thereof' is obtained fi'onn City Manager. Such approval shall not be unreasonably withheld or delayed and shall be deemed to be given ifno objection is made within thirty (30) days following the request Por approval. Such materials include, but are not limited to: advertising in newspapers, flyers, newsletters, magazines and trade journals, and radio and/or television commercials. 6.21 Credit Promotional Materials, Operator agrees that any advertising or promotional materials promulgated by Operator shall include the. words "Lake I',Isinore" as part of the name or identification ofthe Premises. 7. TRANSFERS 7.1 Operator shall nod:, without written consent of 1110 City Manager, transfer, assign, sublicense, hypothecate or mortgage this Agreement. Any attempted transfer, assignment, sublicense, hypothecation or mortgage without tfie writlen consent of the City Manage' shall be null and void, and shall constitute a material breach ofihis Agreement. 7.2 Mach and all of the provisions, agreerucnts, terms, covenants and conditions herein contained to be performed by Operator :hall be binding upon any tansibme thereof. 7.3 The license shall not be ImnsRaablc by testamentary disposition or the state laws of intestate succession. as the rights. privileges, and use conferred by this Agreement shall (eminate prior to the date for expiration thereof in the event of the death of Operator occurring within the term herein provided. Additionally, neither this Agreement nor any interest therein shall be. Iransi'crable in proccediugs in aitac11me.nt or cxechriion against Operator, or in volun4hry or involuntary procecdiugs in bankruptcy or htsofvency or receivership taken by or against Operator, or by any process or Igavv including proa;ctlint?s under Chapter X or XI of the Bankruptcy Act. 7.4 Shareholders and/or pannus of Opemlor nnay transfer self. each uhg0, assign or divest themselves ofany interesl they nhury have tlurcin, ifowcver, in the event any such sale, Transfer, exeh m ge, assignment or divestment is affected in such a way as to give majority control of Operator to tiny persom>, corporation,, partnership on' lC<ml entity olhcr than the majority Ia uui(,prr❑ II \;u,tient I,III dd",% I'Qq'c I I controlling interest therein at the time of (lie execution of this Agreement, the City Manager's approval thercol' shall be required. Consent to any such transfer shall be refused if the City Manager rinds that the transferee is lacking in experience and/or financial ability to operate the Premises. 7.5 The prohibition herein contained shall not he applicable with respect to transfers of this Agreement aping from the exercise ora power of sale or Judicial foreclosure pursuant to the terms and conditions of a hypothccaHon or mortgage previously approved by the City Manager. To ht the event Operator shall request the prior written consent of City Manager to give assign, transfer or grant control of this Agreement, and City Manager gives written consent to the assignment a transfer fec equal to two percent (2%) or the Gross Sales Price shall be paid to City. Said sum shall be payable to City in full either within t:hirq/ (30) days after said consent is given or prior to the close of any escrow, whichever occurs first. Prior to City Manager's consent to such assignment, the assignor shall first deliver to assignee a written schedule of all sums due and owing to City Ifom the assignor with such schedule in a form subject to the approval of the City Manager in all respects, and second, shall deliver to Crty Manager, as part of the acceptance of-the assignment, a written acknowledgment by the assignee that: the assignee (a) affirms the sums due and owing to City and (b) accepts responsibility for payment of such sums d4cefly to C ny. l;xempted from said transfer fee shall be the following: 7.6.1 A transfer of an undivided interest in the license between or among co- workers or affiliated entities which results in a change in method of holding title but does not result in a change to the proportional interests held by the co-owners or affiliated entities prior to the transfer; 7.6.2 An assignment which serves as security for the repayment ora Ioan from any lender but which does not entitle the assignee to an immediate right to use, occupy, possess or receive the rents or profits 6-nm the operation of the. Premises for so long as the assignor makes the required periodic payments and complies with other' provisions of the loan; 7.6.3 A transfer of Lille oh the license to a lender purchaser at the lorcclosure sale under a decd of trust on the property or by assignment to the lender or its nominee in lieu or foreclosure: 7.6A Such Nher assignment for which the City Manager determines that the ownership interests in the license have remained unchanged, such as a change in to legal or fictitious name of the Operator without any other ckmge in thc, equity, in henc(icial use or, or legal title to the license as an asset, or the income produced thereby. The City Manager's decision in such cases shall be appealable to the (Ty Council within ten ( 10) days aper receipt of' writle:n notice of the City ManagNs decision. Any such appeal aNumn shall be accompanied by a Catiricate of Deposit frled with Cily Manager it) the frill anunun of the uansfcr fcc; the Certificate of Deposit shall be payable to (`sty, and We rotor thermal shall accumulate, but the principal sum and imewo shall remain the pn,coy or( crawr in the event the (iby Man iger's decision is reversed. Q! .WnaU�u: li A I 1/'.`P,, I...13 8. 1101,1) HARMLESS AND IN DI: MNII'IClv_l_ION, 8.1 Operator shall defend, indcirinHY and hold harmless City, its employees, agents and officials, Iron any liability, Claims, suits. actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any Lind, whether actual, alleged or threatened, actuod attorney fees incurred by City, coma costs, interest, defense costs Including expert witness tees and any other costs or expenses of any kind whatsoever without restriction or limitation arising out of or in any way attributable in whole or in part to the performance of this Agreement, except as may be provided in Sections 8.2 and 8.3. "Performance of this Agreement" includes responsibility for water related activities within the Boat Launch area used by invitees or any others. The Boat Launch area is generally that area of the Premises designated Cot- the launching and mooring of any water craft and any improvements on the Premises for such purposes. All obligations under this provision are to be paid by Operator as they are incurred by the City. 8.2 Without affecting the rights orcity under any provisions of this Agreement or this section, notwilltstancling any other provision contained herein. Operator shall not be required to indemnify and hold harmless City as set foreh above for liability attributable to the sole fault of City, provided such We fault is determined by agreement hetween the parties or the findings of a court of competent jurisdiction. Injury or death during water activities within the boat launch area is not the fault of City. This exception will apply only in instances where the City is shown to have been at Gault to the percentage of the liability of the (Ty. In those instances, the obligation of Operator will be all-inclusive and City will be hWenaniried for all liability incurred. even though a percentage of the liability is attributable to conduct of the City. 8.3 Without affecting the ritz.hts of City under any provisions of' this Agreement or this section, notwithstanding any crier provision contained herein, Operator shall not he required to indcnmif_y and hold harmless City as set forth above for liability attributable to water related activities occurring at or beyond the actual waterline of Lake Elsinore along the public beach area (such public beach area being a separate area from the boat launch arca referenced in Section 8.1 ) and the main hody of Lake Llsinore beyond the public heach and boat launch areas, unless such liability is the sole fault of Operator, provided such sole huh is determined by agreement hctwecn the parties or the Findings of a court of competent jurisdiction. This exception will apply only in inslauces where the Operator is shomm to have been solely at fault and not in insianees where the City is pcnccutage of the liability involved. 8.I The obligations of Operator under this or any other provision of His Agreement will not be limited by the provisions orally worker's' compensation act or similar ac.t. Operator expressly waives its statutory immunity under such statutes or laws as to ('ity, its employees and officials. 8.1 Operator ogees to obtain executed indemnity agreements with provisions identical to thaw set forth here in this ss;lion from each and ever) sub -operator, sub -tier contactor or any other person or entity in"Oved on behall'of Operator in the perlixmance- or suhlect nhauter of this AgIccntcnt. In the event Operator Iodic to obtain much indenmil): ial.uaIy,,'Ir t .:oidni I' 1 ,,d 1,r.: Page 13 obligations from others as required here, Operator agrees to be into msponsible according to the terms of this section. 8.6 Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City is binding on the successors, assigns- or heirs of Operator and shall survive the termination of this Agreement or this section. 8.7 Without affecting the rights of City under any provisions of this Agreement or this Section 8. Operator has the right, in its We discretion, to tender the defense fqr any and all Claims under which Operator is obligated to indemnify City to the Operator's insurance carrier under the provisions orchis Section 8, including but not limited to, selecting legal counsel. 9. INSURANCE. 9.1 Without limiting (perator's incfenmitication oruhy, Operator shall provide and maintain at its own expense during the term of this Agreement the hereinafter listed programs) of insurance covering its operations hereunder. Such insurance shall be provided by an insurers) satisfactory to (ity's Risl< Manager and ccAl'icates or other evidence of insurance and certified copy(ics) of additional insured endorso ent(s) shall be delivered to the City Manager on or before the Comrrrenccment Date. 9.2 Operator, at Operator's own cost and expense, shall procure and maintain, for the. duration ol'the Agrement, unless modified by the City's Rist: Manager, the following insurance policies: a. Workers Compensation Coverarac_. Operator shall maintain Workers' Compensation Insurance and I.mplo}er's Liability Insurance for his/her employees in accordance with the laws of the State of California. lin addition, Operator shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of ( alifornia for all of the subcontractor's employees. Any no0ee of cancellation or non-rcnewal of all Workers- Compensation policies must be received by the City at least thirty (30) days prior to such change.. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers fix losses arising from wort: performed by Operator for City. In the event that Operator is exempt Kin Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Operator shall submit to the City a Cerlilicate of lNempHon Onn Workers Compensation Insurance in a Ibmi approved by the. City Attorney. b. -:olnluercial Ocnu d I_,iabrhty (oyu Operator shall maintain cotnmacial ,_,eneral hahrhty Insurance in an anrounl not less than limo million dollars ($27000,000) per occurrcncc. for bodily injury, personal injury and property damage. If a commerciarl +2,cncral liability, insurance firm or other Corm milli a general aggregate limit is used. L-kher the g noral aggregate limit shall apply separately to the wcirk to be performed railer this A-giceincni or the ti�,crrct it ag! o- tale limit shall he al Icata t\vicc the required occurrence limit. Izr w,u uI', � ,, ,, 1 2 1=Pin:d dais 11n1Lc 1=I Required commercial general liability coverage shall he at least as broad as Insurance Services Office Connnercial General Liability occurrence lbrm CG 0001 (ed. I 1 or Insurance Services Office form number (l. 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office fbrm number GL 0404 covering Broad Form Comprehensive General I.ialdlity. No endorsement may be attached limiting the coverage- s Automobile1jability Covu'age. Operator shall maintain automobile liability insurance coveting hourly injury and property damage Ar all activities of the Operator arising out of or in connection with the performance of this Agreement, including coverage Ill- Owned! orowned. hired and non -owned vehicles, in an amount of not less than five hundred thousand dollars ($500,000) combined single limit for each occurrence. Automobile liability coverage must he at least as broad as huurance Services Off -tee Automobile kiahility form CA 0001 (ed. 12/90) Code I ("any auto") No endorsement may be attached limiting the coverage. d. Watercraft Liability. In the event that. Commercial General Liability Coverage policy provided by Operator pursuant to Section 9.2.b. does excludes coverage for all owned, non -owned, and hired watercraft vehicles, Operator shall maintain separate Watercraft Whility coverage endorsed for all owned, non -owned, and hired watercraft vehicles with a combined single limit of not less than Five Hundred thousand Dollars ($50(,000) per occurrence. 9.3. Bndorsenaents. Each general commercial liability, automobile liability insurance and watercraft liability policy shall be with insurers possessing a Bews rating of no less than A:Vll and shall be endorsed in substantially the following form: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of wort: performed by or on behalf of the Contractor, including mater cats, parts or equipment furnished in connection with such work or operations. ii. l his policy shall he considered primary insurance as respects the City, its elected or 'appointed officers, officials. employee~, agents and volunteers. Any insurance maintained by the- City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. in. ]'his insurance shall act for each insured and additional insured as though a separate policy had heen written for each, except %villi respect to File limits of liability of the hasuring company. iv. I he insurer waives all ri W11s of suCaagatlon against IIIc Ci its cicitcd of appointed officers, officials, employees or agents. v. Any Rtilurc to comply with reporting provisions of file policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agcous or volunteers. vi. file insurance provided by this Policy shall not Plc su>pcudcd, voided, ,ina,I, to, . At, .ew,. A', I,,!, I m,d,ll,: PJe' I�, canceled, or reduced in coverage or in limits except alter thirty (30) days written notice has been received by the City. 9.2. Operator's performance under this Agreement shall not commence until Operator has complied with the aforementioned insurance requirements. Operator's operations, whether in whole or in part, shall be subject to suspension by the City Manager during any period that Operator fails to maintain said policies in full force and effect. 9.3 failure on the part ol'the Operator to provide or maintain raluircd programs of insurance shall constitute it material breach of contract upon which City may immediately terminate this Agreement. 9A No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty oi'Opetator to furnish insurance during the term ol'this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of insurance, with all endorsements required herein, showing that such insurance coverage has been renewed or extended, shall be tiled with City Manager, DAMAC3N AND DESTRUCTION 10.1 ff during the term of this Agreement, the buildings or improvements or such fixtures or equipment, on, below, above or appurtenant to the Premises and/or the Boat I.,awrch at the commencement of the lean or thereafter erected, installed or placcd thereon or therein shall be destroyed or damaged in whole or in part by Lire or any other cause, Operator shall give the City Manager innediale notice thereof. Operator shall immediately secure the area to prevent. Ql y, vandalism, and further damage to persons. improvements, and t contents Ihea'eof City and Operator shall meet and confer to reach a mutually agreeable method and cost allocation to promptly restore sane to the condition existing immediately prior to such oceurrencc. If such agiccmcnt is not reach in view of the dam tge sustained and availability of Houk with which u) LOOK either party may terminate this Agreement. I I. CONS"1'}hUC"PION AC'flVl'fIE:S 11.1 In the event Cita constructs or causes to be constructed new facilities and/or improvements for the licensed operations at the Premises, this Agrce-ment shall continue in full force and effect, except that file payments to be made by (Vector shall he abated andi)r other reliefafforded to the extent that the City Manager stay determine the construction interferes vwhil the authori/ed operations, provided it claire fhcretor is tiled with the City Man Iger within one hundred ( 100) days ofcommencernent ofconoruotion. 1 12 Operator agrees to cooperate with City in the event the construction affects the Premises by vacating and rmumdng thcre-from all Items of inventory trade llxturek cquipncnt and furnishings for such periods as ace rcquircd by file Construction 01' the new facilities. Operator oldicl agrees to cooperate in the determination of the abatement and/or other relief to he provided by furnishing all information rcquetited relative to Lhe operation and permitting examination anti audit ofAI acu mting rcowds kept in connection NN kh the conduct Lhorcoi. 11.3 Following completion of any new facility and or improvement, Operator shall resume its operations therefrom within thirty (30) days of written notice from the (Ty Manager. 1 1.4 The aforementioned provisions of this section shall also be applicable in the event of performance of work at Lake lAsinore Recreation Area that requires a partial or total closure thereof, except that die abatement and/or other relief to be provided shall be based tgx)n the extent the City Manager may dewrmine that the reduction in the public's use due to the partial or total closure thereof, has affected the Operator's operations. 11.5 Operator agrees to accept the remedy heretofore provided in the event of construction upon the Premises and/or I ake Elsinore Recreation Area and hereby waives any and all additional rights and romcdies for reliefor compensation that are presently available or may be made available hereafter under the laws and statutes of this state. 12. IASI MIX.AND_11StiOY_130A'I'L.AtIN('(1 FACltT y 12.1 City reserves the right to establish. grant or utilize easements or rights of way over, under, along and across the Premises for utilities and/or public access provided that City shall exercise such rights in a manner as will avoid any substantial interference with the operations to be conducted hereunder. Should the establishment ofsuch easements permanently deprive Operator of the use of a portion of the licensed operations, an abatement of payments shall be provided in an amount proportional to the total area in the before and atter conditions. Operator also agrees to allow the City, the Lake Ilsinore police Deparunent, the Riverside County Sheriff's Department and any other public agency providing public safety to enter onto the Premises and utilire the Boat Launch and parting Wilities without charge. 13. [AXES AND ASS1-NSME;MfS 13.1 The property interest conveyed herein may be subject to real nnperty taxation and/or assessment thereon, and in the event thereof, Operator shall Dray bebro delinquency all lawful taxes, includhrg; but not limited to possessory interest taxes, aswssinents, fees or charges which at any time may he levied by the State, County, City or any other tax or assessment.. levying body upon the Premises and any improvements located thereon. 13.2 Operator shall also pay all taxes assessments, fees and charges on goods, merchandise, fixtures, appliances and equipment owned or used therein. 14. NON-DISCRIMINA'CION 14.1 Operator hereby certifies and agiveN that it will conil)b with title. VI ol'eheCivil Rights Act of 1964, Section 504 of the Rehwbilhation Act of 197.1, the Agc Discrimination Act of 1975, 'Fide Xf of the Education Amendments of 1972, "hare opplicahle. and "I isle 13, Inul 17 of die (Ancle of federal Regulations Subparts A and 11 and the Americans with Disabilities Ad of 1990. to the end /hat no persons shall. on the LRAmds or race, crccd. color, national origin. i_i irntpa.i a i,.mm�urir 'Iii-iva.p i,= f'al,e / political affiliation, marital status, sex, age or tlisahility, he subject to discrinihm ion under the privileges and use granted by this Agreement or under any project, program or activity supported by this Agreement. 14.2 Operator celHes and agrees that all persons employed thereby, are and shall be treated equally without regard to or because 01' race, creed, color, national origin, sex, age, marital status, or disability, and in compliance with all federal and state laws prohihiling, discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964, the Unruh Civil Rights Act, rile Cartwright Act, and the State fair I?mployment practices Act. 14.3 Operator cetiilles and agrees that subcontractors, bidders and vendors thereof are. and shall be selected without regard to or because of race, creed, color, national origin, sex, age, marital status, or disability. 14A All cntployme.nt records shall he open Rlr inspection and re -inspection at any reasonable time during the term of this Agreement Or the purpose of verifying the practice of non-discrimination by Operator in the areas heretofore described_ f4.5 if City finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which City may determine to cancel, ternunate, or suspend this Agreement. City reserves the right to determine independently that the non- discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment and Housing Commission or the Federal L`,qual 6mptoyment Opportunity Commission that the Operator has violated state or federal non-discrimination laws or regulations shall constitute a finding by City that Operator has violated the non-discrimination provisions of this Agreement. 14A The parties agree that in the, event Operator violates the non-discrimination provisions contained herein. City shall. at its option, be entitled to a sum of Two Hundred Dollars (5200) pursuant to California Cavil Code 1671 as liquidated damages in lieu of canceling, terminating or suspending this ygreemcnt. Operator finther irTees that "two Hundred Dollars ($300) is a reasonable sum under all of file circumstance existinf; at thee lime of file execution ofthis Agreement. 15. A ITR AJ -100 15.1 Any controversl arising; under pmagnWh 4.2 of Section 4 - (Payment): and paragraph 6.8 - (Price) of Section 6 - (Operating Responsibilities) shall be submitted to arbitration by a single arbitrator under the Commercial Arbitration Rules of the American Arhitralion Association, as file rules now exist or may be subsequently amended, except as hcrcinallcr 1110dilied; the locale for the arbitration shall he within the County of Riverside; the sole issue(s) for determination shall be the specific issues) submitted; and the expenses subject to .r„esmcn[ by the arbhador shall be borne equally by file parfies. I I I 'I,Im,Il::' A m !teiaainc.n , 1I "d J. 11afJ0 18 15.1.1 The sale issue Rn determination of a controversy submitted under paragraph 4.2 shall be the fair rental value for this Agreement based upon a consideration of the factors specified in said paragraph. I5.1.2 The sole issue. Ibr determination of a controversy submitted ander paragraph 6.8 shall be the priccfs) charged for the goods) or scrvice(s) in dispute based upon a consideration of the factors specified in said paragraph. 15.2 City and Operator acknowledge and agree that paragraph 15.1 constitutes an enforceable agreement to submit the controversy to arbitration under the enforcement provisions of the Calilkornia Arbitration Act, as the law now exists or may be subsequently amended. 16. RIVINVI:D 17. CANCELLATION 17.1 This Agreement may be tcrminaled without cause by either party upon sixty (60) days written notice to the other party. 17.2 Upon the occurrence of any one or more of the events of default hereinafter described, this Agreement shall be subject to cancellation. As a condition precedent thereto, the City Manager shall give Operator ten (10) days notice by registered or certified mail of the date set for cancellation thereof, the grounds thercfiwe; and that an opportunity to be heard thereon will be afforded on or before said date, if regnest is made therelOr. 17.3 Upon canceltation, City shall have the right to take possession oldie Premises and the ('ampground. including all improvements, equipment, and inventory located thereon, and use same for the purpose of satisfying and/or mitigating all damages arising h-om a breach of this Agreement. 1Z4 Action by City to effccluale a cancellation and fbrfeittue of possession shall be without prejudice- to I11c exercise of any other ri ws provided heroin or by law to remedy a breach ofthis Ag -cement. 17.5 Any trustee, bmwficiary, morigagee or lender (hereinafter "Lender") under it hypothecation or mortgage previously approved by the City Nfanagcr shall have the right at any time during fire tour of this Agreement to undertake any and all action (hat may be required in order to prevent a cancellation of this Agreement and a (orfeiture of the license. Accordingly, the City Manager shall send a copy of any intended cancellation ol'this Agreement to any such Lender whose security would be affected thereby, provided that such LCnder shall have previously registered with the City Manager by written notice specifying Clic name and address ofsaid Lender; and upon rcquCst Ihercof for pistponemcni, extend the date set McreW by such time as the, City Manager (inns reasonable in order to allow said panics to correct the grounds theroOr or to provide a new Operator under a power of safe or fbarctosurc Cornlained in the hypoillecation or No tgagc, who upon liansfer thereto shall hecomc responsible for the correction thereof ithin such lime as may be allowacl by tic (Ty Mrnagcr- I LI }r::Uluint i. Iekm u" � 'I Ilneijo,s I'ay'r P) 18. INI N:.I'S OF, DEFAULT The following shall constitute an event of default under this Agreement: 18.1 The unauthorized abandonment, vacation or discontinuance of operations lot- more ormore than twenty-four (24) consecutive hours. 18.2 The failure of Operator to punctually pay or make Che payments required herein when due, where the delinquency comhwcs beyond ten (10) days following written notice [or payment thereof. 183 The failure of Operator to operate in the manner required by this Agreement, where such failure continues for more than ten (10) days after wntten notice from the City Manager to correct the condition. 18.4 T'he failure to maintain the Premises and the improvements constructed thereon in the state of repair required herein, and in a clean, Military, safe and satisfactory condition, where such failure continues for more than ten (10) days after written notice ham the City Manager to correct the condition. 18.5 The ftailw-e of Operator to keep, perform and observe all of' the other promises, covenants, conditions and agreements set AS in this Agreement, where such failure continues Kw more than thirty (30) days after written notice Rom the City Manager for correction thereof', provided that where rulfllhneN of such obligation requires activity over a period of time and Operator shall have commenced to perform whatever may he required to cum the particular default within ten (10) days after such notice and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City Manager. 18A the filing of a voluntary petition in bankruptcy by Operator; the adjudication of Operator as a bankrupt; the appointment of any receiver of Operator's assets; the making of a general assignment for the heneJrt o[creditom. a potion or answer seeking an arrangement for Che reorganization of Operator under any Federal Reorganization Act, including petitions or answers under ('papier XI of the 13ankruptoy Act: the occw-rence o[ any act which operates to deprive Operator permanently of the rights, powers and privileges necessary for Che properly conduct and operation of the Prerniscs, the. Icvy of any allachnwnt or execution which substantially interferes With Operators operations under this Agreement and which atlachment. or execution is no[ vacated, dismissed, slaycd or set aside within a period of sixty (60) days. 18.7 Determination by the Cily, the California Fair l?mploymenl and Housing Commission, or the. Federal 1?qual Employment Opportunity Commission of discrimination having been practiced by Operator in violation of state ark1hir f4deral laws thereon. 18.8 iwhnv or Operator to lamp, rwl-orm and ohserve all other promises. covenants, conditions and agmemcws set fords herein. .I....... ii .i [,,tJ--, Ptak. _>O 19. IMpROP[;R CONS11WRA] ION City may, by written notice to Operator, immediately terminate the right of Operator to proceed under this Agreement if it is found that consideration, in any Form, was offered or given by Operator, either diraclly or through an intermediary, Io any City officer, employee or agent with the intent of securing, the Agreement or securing favorable treatment with respect to tale award, amendment or extension of the Agreement or the making of any determinations with respect to the (:)perator's performance pursuant to tyre Agreement in the event of such termination. City shall he entitled to pursue the sonic remedies against Operator as it could Pursue in the event of deNLdt by the Operakr. Operator shall immediately report any attempt by a City officer or employee to solicit such improper consideration. The report shall be made to the City Manager. 20 J RMINA_'11ON I1P(.)N I IZA_N_SI I R Oh:_ _I 111 1 _ 1R PARK (.1 U4URG 20.1 Notwithstanding any other provision of this Agreement, in the event the City transfers its interest in the Lake Illsinore Recreation Arca (including Be premises) m a governmental agency (assignee), the City reserves the right to: terminate this Agreement; or provided there is a consent by an assignee, assign the ('by's interest in this Agreement to said assignee. City shall provide the Operator with notice of termination or assignment of this Agreement pursuant to this provision. 20.2 Notwithstanding any other provision of this Agreement, in the event the City closes We take I_WE= Recreation Area, thk Agreement shall be terminated upon the effective date orsuch closure. Upon the effective date orpark closure, Operator shall immediately cease Us operations, and within fifteen (15) days therefrom remove all items or its personal property, equipment, and inventory. City shall provide advance- notice to the Operator of such park. closure. 21. OPL IZA_I_(_)K:S N 0 N - U 0 NTPL1,1N(,f„ ANI) LIOL1 1)) 11 21.1 In Be event the City Manager ciclermincs Ond here are deficiencies in Operator's operations authorized and rcgcnred herein, the City Manager will provide, as specified herein in the section of this Agreement entitled I\ants of Default, a written notice to the Opcator to correctsaid deficiencies within speciried time frames. 25.2 In the event that Operator tails to correct the deficiencies within the prescribed time Tunes the ('by Manager may. at his/her option: (I) exercise its rights ruder the; Section hueinaticr entitled Rir_ht of I(ntry and/or (2) assess Hquidmod damages. fhe parties agree Wal. it would he impraclicahlc or cxtromely difficult to fix file extent of actual damage:, resulting from the failure of the Operator to comply with the obligations for operations herein authorized and required. 'I he parlie5 harchy of;rce [hal under the current eircunutanees a reasonable estimatc, or such damaf',c is $250.00 per day IN each clay of the period oftimc that the dcficrurcies Cxist, and that operator shall he IKhlc lu City Air liquidated d an ages in said amount. l.x I u e, (Ill, n A .i,c", w 11, 11 S, I,, o der.: Page 31 1) 1),( RF, ORDS AC"I 211 Any documents submitted by Operator; all information obtained in connection with the City's right to audit and inspect Operator's documents, books, and accounting records pursuant to Section 5.3 (Accounting Records) of this Agreement become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 or seq. (Public Records Act) and which are marked "trade scum" `bonfidemial", or "proprietary". Ile City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order of court ofcompment jurisdiction. 22.2 In the event the City is required to defend an action on a Public Reeords Act request for any ort he aforementioned documents, information, books, records, and/or contents of a proposal marked "trade secret', "confidential", or "proprietary", the Operator agrees to defend and indemnify the City from all costs and expenses, including reasonable attorneys' fees, in any action or liability arising under the Public Records Act. 23. WAIVER 23.1 Any waiver by City of any breach of any one or more of the covenants, conditions, terms and agreements heroin contained shall not be construed to be a waiver orally subsequent or other breach of the sane or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Agreement or estopping City from enforcing the InH provisions thereof. 23.2 No delay, failure, or omission of City to re-enter the Premises, or to exercise any right, power, privilege or option, arising from any debut nor any subsequent acceptance of payments [bell or thereafter accrued shall impair any such right, power, privilege or option, or be consh'ued as a waiver ofor acquiescence in such default or as a rclinquishnncnt of any right. 2.3.3 No notice to Operator shall be required to restore or revive "time of the essence" afer the waiver by City of any default. 23.4 No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exmvne thereof in one or more. instances. The rights, powers- options and remedies g cn (Ty by this Agreement shall be cumulative. 24. SURRf;NDI?IL 24.1 upon cxpiratiun of the term hereof, or cancellation tfmcol as herein provided, Opcazator Shall peaccahly vacate the premises and any aril all imp nmemems located lhcrom and deliver up the same to f ly in a reasonably good condition, ordinary wear and fear excepted. 1 I i t)p,I p I'M , AJ,"I 1 ' ,1 - III !I sur._ Pa�Le 2" subject to the right orn y to demand removal thereof to the extent that Section 2.6 hercinbel'ore may he applicable tkroo. 24.2 Upon expiration of the term. Operator shall execute and deliver to City within thirty (30) days after service of written demand, a good and safticient quitclaim deed of the Operator's interest in this Agreement and the Premises. Should Operator fait or refuse to deliver to City a quitclaim dud as aforesaid, a written notice by City reciting the failure of the Operator to execute and deliver the quitclaim decd shall, after ten (10) days from the date of recordation of the notice, be conclusive evidence against Operator and all persons claiming under Operator, of the termination ofthis Agreement. 2S. DGFLNITION.s AN!jllV T?RI'RF FA"I'IQN. 25.1 The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used: "130at launch'" means the boat launch at the I,a Laguna Resort. "Campground and Boat Launch Operations Revenues" mcans Revenues collected by the Operator related to the campground and boat launch operations (and excluding General Store Gross Receipts). "City" means die City of Lake I?Isinore, a Municipal corporation. "City Manager" means the City Manager ofthe City of lake Llsinore or his/her designee. `'Conunencemenl- Date' means .lune L. 2015. "Designated holidays" Means Memorial Day, July 4th (unless July 4th falls on a Saturday in which case May, July Ad shall be tcated as a Dcsignated holiday, or unless July 401 falls on a Sunday in which case July Ah shall be treated as a Designated I loliday), and l,ahor Day. "General Store" means the temporary building located at the Premises in which Operator sells various merchandise including food, hevcmgcs, recreation supplies along with recreational rentalm including boats, kayak~ and other wotercraft. .:General Store (boss Receipts" means (?rosy Receipts generated from the operating, the (general Store (which includes rental of boats, kayaks and other ",wercinun). "Olo" Rouipts" means: it. he term "gross rucipts" as used in this Agreement, is defincd to he all money, cash Irceipr;; r,•:ety, property ur other thin3s of value. including but not limited to (,rnss charges, sales. rental,, ties and commissions nnadc or earned by Operator and/or all the a sipnee.s.. sub -operators, pernnittecs or concessionaires thereof. whether collected or accrued I a I i , a ( p, r. u n , �,,, no I i )',l 11>. I in.d L¢1, l' Plc _I3 from any business, use or occupation, or any conhination thereof', originating, transacted or performed in whole m in part, at the General Store, including but not limited to boat rentals, recreational equipment rental, the rendering or supplying of services and the sale of goods, wares or merchandise. b ']'here, shall be no deduction frim gross receipts for any overhead or cost or expense of operations, such as, but without limitation to salaries. wages, costs of goods, interest, debt amortization, credit, colicetion costs, discount from credit card operations, insurance and taxes. Bona tide had debts actually incurred by Operator or its sub -operators, assignees, concessionaires and permittees may be deducted from gross receipts. There shall, however, be no deduction for bad debts based on past experience or transfers to a had debt reserve. Subsequent collection of had debts previously not reported as gross receipts shall be included in gross receipts at the time the), are collected. C. Cross receipts reported by Operator and its suhnyerators assignees, Operators, concessionaires and permittees, must include the full usual charges for any scrviccs. goods, rentals or litcilities provided by Operator or its sub -operators, assignees, concessionaires or permittees. Gross receipts shall not include direct taxes imposed upon the consumer and collected t'herefi-om by Operator such as, but not limited to, retail sales taxes, excisc taxes, or related direct taxes, which are direct taxes paid periodically by Operator to a governmental agency accompanied by a I= return statement and, further, shall not include the sale or resale of City We Use Passes purchased from Be City. d. The City Manager, consistent with recognized and accepted bUSInCSS and accounting practices may further interpret the teen "gross reedpts" as used in this Agreement. "Gross Sales Price" means the total consideration resulting 6om the transfer of Operator's interest in the operations of the Premises, or portion thereof, determined by the total each payments and the madwi value of all non-cash consideration, including, but not limited to, Mocks, bonds, deferred payments, secured and unsecured notes, and Forbearances retarding claims and judgments. "I lot] sekeeping" means activities relating to keeping the Premises clean, neat; orderly and includes but not limited to, cleaning of public resirooms and showers (excluding supplies which shall be provided by City), wash pickup and consolidating garbage into centralized ciumpsters, use ofminor to medium equipment for clean-up (such as use ora small tractor to remove rubbish n the yard area), campsite preparation, notating and sprinkler repairs, minor repairs/replacement to ctunpground equipment (picnic tables, grills and luc rings), pest inspection and control, landscape mowing and edgin}r„ shrub trimming and non-recurring removal of hanging tree limbs, raking.. sweeping, vacuuming,, wiping, washing, hosing, and other acncad care and cleaning of interior and exterior floors, walls, ceilings, doors, windows. facility fixtures, and all adjaccnl grounds and wallas. -1 n I nguna Operating Ice' means the weekly fcc paid by the City to (Nestor for the reasonable, cost incurred by Operator related to Operator's operational reapunsibrlilias exclusivo iv v,oi i, ,_:crni,i t� 11�Iuml Jocx Pogo _)":. ofthe General Store, As set forth in 13xhibit "B-, for the Initial term and the; Extension'berm (it exercised). "Maintenance and Repairs" means all repairs and preservation work that is necessary to maintain the Premises in a Reasonable good state of repair, including: fire clearance around premises, tree trimming and removal: repair of broken doors, windows, plumbing and electrical fixtures, major repairs/replacement of campground equipment (picnic tables, grills and (ire rings), and windows, vandalism, painting, sewer lines, asphalt patching, water lines or valves, roofing, fences, septic tanks, public restroom and shower supplies, and such other maintenance that is not Housekeeping. -Operational Year" means each one-year period of time which commences on ,lune I ,,aid ends on May 31 throughout the Initial Term and the Extension Term.. if exercised, of this Agreement. "Operator" means Williams Bait & Tackle, Inc., a California corporation, dha William's Bait,'fackle and Boat Rental. "Premises" means the real property described in the attached Lxhibit "A." "Reasonable" and variations thereof means what is commercially reasonable under reasonably anticipated circumstances. "Revenues" means: a. The term "revenues" as used in this Agreement, is defined to be all money, cash receipts, assets, properly or other things ot'value, including but not united to gross charges, sales, rentals, fees and collected by Operator and/or all the assignees, sub -operators, permittees or concessionaires thereof; related to the recreational use of the Premises by file public, including but not limited to, boat: launch Fees, Lake Day Use Passes, premises entry/parking tees for beach/day-use area patron. campground reservation deposits and rental fees, campsite related charges storage fees, any other access/usc, fees, and all other City imposed ices And charges. b Operator may deduct from revenues We Iby Use Passes and any other required acquired access passes purchased in advance from the City. "I here AT be no deduction from revenues for any overhead or cost or expetase of operatious, such As, but without limitation o salaries, Nvaocs, costs of goods, interest, debt amortization, credit collection costs, discount Mi credit card operations', insurance and taxes. C. Revenues reported by Operator and its suh-operators, assignees. Operators.. concessionaires and permitted. must include the full usual charges lor any services. goods, rentals or facilities provided by Operator or its sub-operaiors, rssignces_ concessiouaircr> or per udtces. Revenues shall not include direct taxes imposed upcm the consumer and collected ihcrcfrom by Operator such As, but not limited to, retail sales faxes, excise taxes, or related direct taxes, which are direct taxes paid periodically by Operator to a povcrnmcntal agency I n I io,, if11"1M , \V1 ....... Fu.Id" accompanied by a lax return statement and, further, shall not include the sale or resale of City Lake Use Passes purchased from the City. d. The City Manager, consistent with recognized and accepted business and accounting practices may further interpret the term "reverules" as used in this Agreement. "Suh-operators" means any lease, license, permit, concession or other interest in the Premises which is granted by Operator to a third party. 252 This Agreement shall be interpreted according to the rules which govern the interpretation of contacts, as prescribed in Part 2 of Division 3 of the California Civil Code, commencing with Section 1635. 25.3 'rhe headings herein conlained are lar convenience and reterence only and are not intended to define or limit the scope or any provision thereof. 26. RIGI IT OP ENTRY 26J Any officers raid/or authorized employees or the City may enter upon the Premises at any and all reasonable times for the purpose of determining whether or not Operator is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City. Additionally, City has the right to use the Boat Launch during non-operating hours for special events, such as boat parades, at no cost to the City or the public. 26.2 hi the event of an unauthorized abandonment, vacation or discontinuance of operations Por a period in excess or twenty-four (24) hours, Operator hereby irrevocably appoints City as an agent for continuing operation or the license granted herein, and in connection therewith authorizes the oPticers and employees thereol'to (I) take possession of the such licensed area, including all improvements, equipment and inventory thereon; (2) remove any and all persons or property on said area and place any such properly in storage for the account ofand at the expense of Operator; (:3) sublease or sublicense the Pruniscs; and ('4) alter payment of all cxpcnses Or such subleasing or sublicensing, apply all payments WWI thevhmu to the salisftclion and/or mitigation of all damages arising from Opera or's breach of this Agreement. I?ruy by the officers and employees of City upon any licensed area for the purpose of exercising, the authority conferred hereon as agent of Operator shall be without prejudice to the exercise of" any other rights provided herein or by law to remedy a breach of this Agreement.. 26.3 No rc-entry or taking of the any licensed arca by City pursuant to pirag,raph 30.2 of this sec(ion shall be construed as an election to terminate this Agreement unless a written notice 01' Such intention be given to Operator or unless the termination thereof he decreed by a court ol,compelent jurisdiction. 27. INDl;l'I,NDFN 1 CONI RA("1'OR lois A!zreemew is by and betwecn [be City of Lake Elsinore and Operator and is not mended and ;hall not be. conurucd to create the relationship of deem, servant, cmploycc, IeI i u �)pergi n � ie�incni Ir I;V: Inml Jur:. (',I"C �i1 partnership, joint venture or association, as be(wee-n City and Operator. Operator understands and agrees that all persons furnishing services on behalf of Opcmkw pursuant to this Agreement are, for purposes of Worker's Compensation Liability, employees solely of Operator and not of City. Operator shall hear the We responsibility and liability for furnishing Workers' Compensation beuel-tts to any person for injuries arising Coni or connected with services on behalf of Operator pursuant to this Agreement. 28. CON R(" PNFORC I'Ml Nf_AND AMLM)MENl S'TOl III AGRI 1 MLST 28.1 The City Manager shall be responsible, for the enforcement of this Agreement on behalf of City and shall be assisted therein by those olhem and employeCs of City having duties in connection wUh the administration thereof 28.2 This document may be modified only by further written agreement between the parties. Any such modification shall not be effective unless and until executed by Operator and in the case of City, until approved by the City Manager. 29. CPI:y'S(,)UALjj:yASSt1RANCl_PLAN Ile City or its agent will evaluate Licensor's perl`ormance under this Agreement at such reasonable intervals as determined by City. Such evaluation will inelade assessing Operator's compliance with all contract terms and performance standards. Operator deficiencies which City determines are severe or continuing and that may Enlace perlornnance of the agreement in jeopardy if not corrected will be reported to the City Council. The report will include improvemenUcomective action measures taken by the City and Operator. If improvement does not occur consistent with die corrective action measures, City may terminate this Agreement or impose other penalties as specified in this Agreement. 30, NO"I.1C-EN Any notice required to he given under the terms of this Agrcennent or any law applicable thereto may be: (1) delivered by personal service: or (2) placed in a scaled envelope, with postage paid, return receipt requested, addressed to the person on whom it is to be served, and deposited in a post office, mailbox, sub-post oflice, substation or mail chute, or other tike facility regularly nnaintained by the United States Postal Service. "fhe address to tie used Ior any notice served by mail upon Operator shall be 198 S. Nebraska Street, Lake I�Isinore, CA r>2530 or such olhcr place as array hereafter he designated in writing to the City Manager by Operator. The address to be used for any notice served by mail upon the City shall be City of Lake Hlsinore.. Attention: City Manager, 130 South Main Street, Lake hisinore, ( A 92530, or such other place as may hereafter be designated in writing to Operator by We (Ty Man rgm Service by mail shall Ile deemed complete upon deposit in the above mentioned manner. i2. SGV LRAI3ILII1' .:n ua�)Ir,1 1 Ayiar 1n.tlol 7l'+i mtl ", PtIiw ) 11' any provision of this Agreement is determined to tic illegal, invalid or uncnforceable by a court of competent jurisdiction, the remaining provisions hereof shall not be atfeeted thereby and shall remain in full force and effect. 33. 6NTIRF AGRI f?MI?N'I Accordingly, the Agreement and the 6xhibit(s) attached hereto, constitute the entire agreement between City and Operator for the uses granted herein. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of' the parties to provide Ibr a complete integration within the provisions of this document, and the Exhibit(s) attached hereto, the terms, conditions, promises and covenants relating to the operation of the Premises and to be used in the conduct thereof. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not rencler the other provisions thereof unenforceable, invalid or illegal. 34. AUI'IIORILA"1_ION, WARRANTY Operator represents and warrants that the signatory to this Agreement is fully authorized to obligate Operator hereunder and that all corporate acts necessary to the completion of this Agreement have been accomplished. I; !.w i" up; f"I 1, n t I, t, n I S ba, due;, P�w,C: �H IN WITNESS WHEREOF, the parties have executed this Agreement on the respective dates set forth below. DATED: , 2015 DATED: wk y 2015 ATTEST: t y RerIPON WILLIAMS BAIT & TACKLE, INC., a California corporation, doing business as WILLIAMS BAIT, TACKLE AND BOAT RENTAL E, " RMIGIM j CITY OF LAKE ELSINORE, a municipal corporation by: La higunai Operallians Agreement WWI I l'ma I tioc.e Page 29 City Manager EXHIBIT "A" PREMISES MAI' F.XlHBFf "B" SCIIEDULR OF FEES AND HOURS During the months or.lune. through October the following services will be provided from the hours of 6:00 am until 5:00 p.m.: Management services Weekly Supervision of Gatehouse and Grounds Staff 35 hrS Grounds and Gatehouse Staff 210 hrs Weekly Billing $6,717.00 During the months of November through March the following services will he 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 1 10 hrs Weekly Billing $3157.00 During the months of April and May the following services will he provided 7:00 a.m. until 6:00 p.m.: Management services Weakly Supervision of Gatehouse and GI'OundS Staff 35 hrs Grounds and GatehOLISC Stall' 120 hes Weekly Billing $1733.00 Billing, rate is subject to change haled on applicable changes to federal, state, and local employment laws. Increased hour, or service will be available on woven request horn the City of Lake EW]Iorc. Increased ties vAll he based upon a percentage of additional horn's orservice. Week or Weekly means Monday through Sunday. t'.0111JIMPINIMAI r:FRTIFtr..ATF nF INSI IRANrF Issue Date (MMIDDIYY) AGENCY ROBERT` DAPPER INS AGGNCY 04116/2015 Name 176321RVINL MLVI) 11100 This certificate is issued as a matter of Information only and confers no rights & I't1S'I IN, CA 92750 e certificate holder. his certificate does not amend, extend or after the upon thp Address coverage afforded by the policies shown below. nus N 657-600-3106 PT,0714-876-1449 COMPANIES PROVIDING INSURANC E CON."'N!V Leven .,I'MIY William Johnson LETTER A: Scottsdale Insurance Company INSURED Noma DBA Williams Bait and Taclde and Boat Rentals `'IT)IR n:x 32040 Riverside Drive CXM1111 LETTERAddress L )1., , lake ttlsinore, CA 530 COVERAGES n o HE � o-.Mer+r 1 �n c n rn.�,N III - <,< on+cR o'c.ML 11 r �H� e r Ar. +A � un e 11 . N msoRAncc u li 1 OI C.1 II L [ GY. veD 1 Ii1.11Y 4 1r1 T/) AI.(. TFT[ TFRMJ - 1.1.V..InN.+ANU CUIJU (N . I ICv POLI' C3. L M/T N n.AV HAV¢ ecBN RCUUCLD NT111 1P,19UII1.1C VOIJCT WUMOCR PIAiC(MM/ORMIYI un1'6(M/n/OONVI OI L'LM YO (;J5_'—)Iss7o o4olzols o4olzole ] 21000,000 GPRCC. iE 2,000,000 eR11.N .onY#A.Y»AI.-IN.�o1WTnL n/+LY n rt .--1114. WIRY 1,000,000 OWNERS! CONTRACTORS PROT. I EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (ART, one Lire) $ 1001000 _ MEDICAL Ex11ENSE (Ary one person) $ $,000 C 0 OWNED �- AUTOMOBILE LIABILITY SINGLE LIMIT IN ❑ ALL OWNED COMME RCIAL AUTOS 6ODII,Y INJURY $ SCIiEUULFDhI1TOS (PER PERSON) BODILY I [] IiIRED AUTOS (PER hCCIDf.N IDENI r) ❑ NON-OW'NEDAUTOS ElGANAGE LIANILrTV PROPERTY DATMAGE $ GARAGE AGGREGATE $ 0 WARRELLA LIAHRITY LIMIT $ 0 LVORNERS'COMPENSATI O N STATUTORY _ EACH ACCIDENT S AND INSEASE—EIICH FMPLOYIS $ WART 0YF.RS'LIRILITY DISPASG POLICY LIMIT $ DESCRIPTION Or•OPERATIONSNElilCIESIRESTRICTIONSISPECIAL ITEMS: Fishing LLTmS and tackle rentals and bait supplies. pyramid Enterprises Inc. IS incladed as additional insured for fire facility located at 32040 Riverside Dr, Lakc Elsinore, CA 92530 CANCELLATION ' CERTIFICATE H 0 LDER SH OULDANYOFTHEAROVT OESCr(iDEO FULICIES EE CANCf(I,ED DEFORE liiE EY.PIIN710N DA l61HERCOF, f HE ISSUING COMPANY WUL E-NOFAVOR TO MAIL ID (LAYS WRIT TEN NOTICE IO THE CERTH ICATE HOLDER NAMED1'0 TIIE LEFT PDT FAILURE TOMMI. SUCHNOTICESHALI. -GPOGE tVU DNLI(iAT UN 015 LIAEILITY OF Pyl'anl Id Lnte.l'pl'ISCS file, ANY KINU UPON 711F. C O'APldiY, ITS hGF.NT5 Oft Rr:PRiSEriTATIVIiS. Name 29365 Cons[ollation Rd. 11380 a /Addre9n Valencia, ('A 91355 11h:(661)702-1420 Fax: (061) 702-0314 ' nun+oerzEnacllacsENrnevtt Date: June 17, 2015 Dear Christina & William, Please see the enclosed form(s) from Liberty Mutual. ® Certificate of Automobile Insurance (Binder) Thank you for insuring with Liberty Mutual. We look forward to providing you with quality coverage and outstanding service. Sincerely, Liberty Mutual 10Liberty idtm'j INSURANCE ASU I C` I HOMO ACTION REQUIRED: Please review and keep with your insurance documents. CONTACT US For questions, please call us at 1-800-225-8235. ittSURArics CERTIFICATE OF AUTOMOBILE INSURANCE THIS IS TO CERTIFY THAT the named insured is, at the date of this certificate, insured by the company with respect to the automobiles hereinafter described for the types Of insurance and respective coverages hereinafter designated by entry of the limits of liability or a statement that the coverage is in effect and in accordance with the provisions of the Automobile Policy in use by said company. This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by the policy. INSURED'S NAME AND ADDRESS FOR LIEN HOLDER INQUIRIES, CALL OR WRITE Christina Johnson 1-800-409-0733 William Johnson P O BOX 29017 198 S Nebraska St PHOENIX, AZ 85038 Lake Elsinore, CA 92530-1853 DESCRIPTION OF THE INSURANCE FOR WHICH THIS CERTIFICATE IS ISSUED Policy Number: A02-268--113374-70 Effective Date: 04/03/2015 Expiration Date: 04/03/2016 DF-qr:R#PTl0KI OF A11'T(]IldiOBILES Year of Model PART A PART B PART D — DAMAGE TO YOUR AUTO COVERAGE COVERAGES: LIABILITY MEDICAL COVERAGE FOR DEDUCTIBLE AMOUNT APPLICABLE TO EACH LOSS COVERAGE PAYMENTS LOSS CAUSED IN DOLLARS COVERAGE BY COLLISION INCLUDED Lass Caused by Collision Loss Other Than Loss Caused by Collision Limits of 25015001100 1000 Yes "ACV" indicates Actual "ACV" indicates Actual Liability Casts Value ACV Less Cash Value ACV Less $500 Deductible $500 Deductible Includes Accidental Death Benefit: $ Protection Against Uninsured Motorists Coverage -- Limit Selected: $2501500 Medical Expense POLICY INCLUDES: ❑ BASIC NO FAULT COVERAGE ❑ OPTIONAL NO FAULT COVERAGE DF-qr:R#PTl0KI OF A11'T(]IldiOBILES Year of Model Trade Name Be Type Identification or Serial Number 2009 DODG PKP4x24D 1WHB18KX9S807739 ADDITIONAL INTEREST Such insurance as is afforded under the Liability Coverage of the policy shall also apply, with respect to covered autos, to each interest hereinafter named, as an insured; but such inclusion of additional interest or interests shall not Operate to increase the limit of the company's liability. NAME AND ADDRESS: The insurance described herein is in effect on the date of this certificate and shall remain in force until canceled in accordance with the terms of the policy. Loss PAYEE grad ADDRESS Schools First. Federal Credit Union PO Dox 11547 Sarah::i Ana CA 92711,154/ Secretary rest Dated: 06/17/2015 at. 12:34 AM C;a€_€ntersigru;cl AI, TI-10RIZED RhF'RESFNTATIVF: "485 12 '10 I e�e 1 (A - loiE,:berty S'1r1Ptt<l LOSS PAYEE Such insurance as is afforded by the policy for loss of or damage to the automobile is payable, as interest may appear, to the named insured and the Loss Payee indicated on the previous page in accordance with the terms of the Loss Payable Clause. Term of Loan: From: 01/20/2013 To: 01/19/2016 LOSS PAYABLE CLAUSE Loss or damage, under this policy, shall be paid as interest may appear to you and the loss payee shown on the front of this certificate. This insurance covering the interest of the loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement of your covered auto. However, we reserve the right to cancel the policy as permitted by policy terms, and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee, we shall, to the extent of payment, be subrogated to the loss payee's rights of recovery. NOTICE TO OTHERS IF CANCELLATION OCCURS "We" will not cancel "Your" Policy or reduce the insurance under any of its coverages until at least 10 days after we have mailed a written notice of such cancellation or reduction to the person(s) named as additional interest on reverse side. AS1019 (ed 12-89) 'S485 92 IO P:rc1e? of 2 -�' Cy DATE (M%I(0DIYYYY) tom` t CERTIFICATE OF LIABILITY INSURANCE 6/25/201.5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SE, AUTHORIZED REPRESENTA"T"IVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the pallcY, certain policlos may require an endorsement. A statement on this certificate does not confof rlghts to the cortlficate Bolder in II eu of such endorsenr:ent(s). CT i'ROOUCGR NAME: - Strachota Insurance Agency, Inc. Tormec PHONE 277"l0 3ef�ersran Ave.. Ste. 100 (AfC,No,Extj: _'--(95l) "6-2229 �,LF�C No}. i9s1I 67G-7391 F-MAIL ADDRESS _. ..-. ...... Temecula CA 92590 _ _ INSUREI7(S) Af FORDING COVERAGE _ _ __ NA1C �_ INSURFRA State Comp©nsation insurance F 35076 INSURED INSURER8: ...... .... .... _. William's Bate & 'Tackle, Inc. INS1iRCRC 32040 Riverside Drive MSURERD: ..........-----_-_--.-....,..._............ Lake El>Jinore CA 92530 INSUt2CRC: INSURERF: COVERAGES CERTIFICATE NUMBER: Cert ID 2721. REVISION NUMBER: TI-IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIRE MCNT, 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. .......,.V. .�--- _.... .... ---__ _...,_..._ AMI I.IBYt INSR TYPE OF INSURANCE v_. POLICY NUMBER PIMI F1DDJ_YYYY_f,,, .1Mfi]DIl'YYY} L.IhS€1'3 _LTR _�.._ _ ...._....... ._. ....--__._ COMMERCIA€. GENERAL LIABILITY 1-A(' r { OCGCI ZI -� C{.AIFIS-hwaD[_ 0("'( 1p S...f.-._saoivxslt .. I NIrt /.i' (1x3 y of-e (�31 li1) ._ _� PERSONAL & AUV Irf 1RY 3 GE r t1 I+AJ_ ()f.-:N'k A6GREGATEIJ,1irP. F'LICJI'GR _ PRO. i6 I €..,._._ l i)'' I UUt f: �. F`t r _.. 1 _ I,t`i E LII.41 AUTOrROBSLE LIABILITY ..,-..._ .. l It 11311 r :'fJ 111 II �I E '-31 s rtN f Au f 0 [ P _ ...... -. 1 OYt Oro CIII OUI 1 i7 tin(1'E ti I JtUI Y Er,t 7 Eld) 5 .I1TO3 , .... .. Ut -OW CD E - Iiif LL'if ilia... PUIQ; ,, -- ;v UMBRELLA I. IA pCt-1 t Z tit I ,i t i f EE'l 1 EXCESS LI AS C IV fSAi l AGGREGATE I r lNORHERSCOMPCNSATION f _-_-- A ANrR1R(r YEr2 E SABIi.iN 400295978 b/2U/2015 6/2f)/201b i,AZ'C F t E „-, YIN ; ! t L E 1�€Efi -l7:Nt I,r1100,000 ANY !-f'iDriilE_iCYi !E-Al�lf•i ltri i.'t_t131Vr. I I rd=tICf-'RftiEAht3.J_ C 7_Cq,�i.�F IVlA € f. JI_.f"�+,:E_ _a i= E„!i a 1r 000, 000 (rAandAory In Nrq ...". --_ _. _ - - - E):.;3�_ftlt•rIib('Its tt ..,..I 1-I --r tI i € €E Y7 ! 0a 04)o 4 Tr_ ce ONOE COERAI-� • ;, t,r. _�.•, i ....._....__..._-.... ......._.._-. _....._m. .. .... ........_, . l �._.. I r7ESi.J�If'I'IDN 01: OPERATIONS! LOVAnON31 VLFiICI.iwS (ACO RD 1011, Addltlonal Remarks S00t101a, may Uc att,'rhu(I If mono %"Paco Is r6gUlredl RP: Camp Gr ound Facility Maintenac)co Olararationb. CERTIFICATE FOLDER_—��_.. CANCELLATION SHOULD ANY OF THE A13OVE OF-SCRIBED POLICIES BC: CANCELLIED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WELL BE DELIVEREr.1 IN ACCORDANCE WITH THE POLICY PROWSIONS. Evitic nce ai Covora- _ ...___..._...._._....._._.---.._�___..._-..._.._...._.._.-._..._.-_._.-oi 1988-20I4 ACC7t.D CORPORATION. All rights rc7serVed. ACORD 25 (20.14101) The ACORD IWITIQ tWd 1090 aart�> rncti4ai.t3rca�) marks (it' ACORD 1', "Ir •;l . -' 0 DATE (MMIDDIYYYY} CERTIFICATE ®F' LIABILITY INSURANCE f.,. 5/25/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to tho terms and conditions of the policy, certain policies may requlro an ondorsomont. A staternertt on this cortiflcate does not confer rights to the certificate holder in Iiou of Such endorsement(s). PRODUCER Strachota Insurance Agency, Tuc. - Temec NAMk__ PHONE - — 676 -.2229 No)(951)576-7391 27710 Jefferson AVG., Ste. 100 (A1C,NnExt)--__-._(951) .,,.(All L--- - Ap17RE35 _._....._..._.._..... _.. -_.. ...._........., -.. .....,... - Temecula CA 92590 INSURERS) AFFORDING COVFRACrG NAIL # INSURERA.State Componeation Insurance F 35075 INSURED] INSURER B :_................. .._._......... .�_...._.........._._-- _-- WilliamIn Bate & Tackle, Inc. ----R INSURER C 32040 Riverside Drive 3NS1}RERJ?: Lake Elsinore CIA 92530 JNSJ3RERC._,,.,._.,,.,,,, ____-.._.._.�.. ............ JNSURFR 1= rnUco Ar!CC r1=RTIFr(`ATF KH1Ni FtrP- (`.[err_ TD 2721 REVISION NUMBER: THIS 15 TO CERTIFY THAT 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 CCNTRACT 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 Tl -,,RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAEMS. ---- .R .. - 11'�1J�$URli�.___ ...... .-._._.__...._.._--._. ..._,_,__. f POLICY E�.�.. __�...�..._--- TYPEOF INSURANCE t POLICY NUMBCR MMIDD1YbYY tPOII0 EXP � M1DDIYVYY LIrdITS COMMERCIAL GENERAL I_IABILI'IY � E�'�Cki UCt;ll-itl '-Ji:l" 4 _. i Aq?1q CttT r= 17T __-- Ct_:>IhSSd�4,C' t:CCI."rR E c�. MED f, _:P (Any en© porion)_____ PERSONAL SONAL AGV IN UJ i r h{,[sRECA3'(={.�d!7.N=i''1.€ErSI'=1'1{F{E:I;!•.Li�(,I_F�r>,Tir. E; r......... f'CILIG's [ t,Ctr, I t)f)lJt --! nNYi9iAr�t� "17tit- ._.�� .__..,.... cnritilrJU li[Ir.',itill AUTOMOaILG LIABILITY II 7i c't�rrtl} /41', A`.Jir; ] ISL 1111 f NJIRYIP-rp tnI ! S FAY. OLbt,'LL} ' I t I+l £3l t.:I) � � LjOU YJ 4�ft I! r t col as,} � ..�._I Ai_17()S J)Trf _ _ ....... ... 1 1-01MJra_) I r E GI f+ l r L/F 1Abt= -- I UMBRELLA LIAe v.:cl€I /1 Ii OtUJkt.Ll'__ v ........ .. EXCESS LIA6 }.,A t 4 t^,AL t:: I i 1E_ f LL it F ........_._.._—. __-.----- IA SCOMPENSATION � 4002195978 6126/20:15 E/26/201fi � �I/+Il)iI._j ,I' I .. _. -_ ...,.... A AND EMPLOYFRS'LIABILITY YIN! I I r5�llk ill -I NI J., p0U 000 Sldr ff7n-TC>Rli'ARrrdLl i-�I:-'-'.JIIVi: NIA I IC1, p0Ur 000 ;f -7=1c t_I it :,,4F3F.i: E ?irt.UL, it (Mandatory is) NH] IY tins Hiro l.r:ric, _ I ,_ L h s.F -f I-� I. 3 I till 1, 00(),000 ...IY"'.Y-IIYI'I:!Yd CiF CNW'2til--, ak'v _ �_..._ _........_-...___-......... ..___...,.._. I E j I DESCRIPI ION Oi OPt;RATIONS ILOC'ATIONS f VFt4Ci.(9 (ACOR171D1, Ar4r4itional #2einniks Sc11sr4c�le, may bn atY.lc.11cd if more sttaee Is reylFlratl} RE! Camp Ground !•!acili.t;•y Mainter-anoo, npeLations. CERTIFICATE HOLDER Evin3.tni11e of Coverage S11OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIME EXPIRATION LATE THEREOF, NOTICE WILL 13E DELIVERFI7 IN ACCORDANCE WITH THE POLICY PROVfwIONS. AUT#TORI%-1) RE=PRF81-41TATIVE Ail ricll'tts reservc�Fi. ACC)I',D 2S (201,110.1) The ACO RD rna13�I� �racl logo aJ'e rDl isE�sc�ar9 rrtal'ks of i4C(�f�'i� COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MNIIDDIYY) AGENCY ROBERT DAPPER INSURANCE AGENCY 07/01/2015 Name 17632 €RViNE BLVD # 100 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 # 657-600-8106 FW714-876.1449 COMPANIES PROVIDING IN5i1RANC E COIAPANY LEZIER INSURED William Johnson Name DBA Williams Bait and Tackle and Boat Rentals a 32040 Riverside Drive Address sake Elsinore:, CA 92530 COMPANY LP,YTFA A: Scottsdale Insurance Company COMPANY LeTUR COMPANY tETIER COVERAGES THIS 16 TO CERTIFY T{4AT THE POLIOICG OF INEURANCC LISTPD BELOW HAVE GiNEN IS6uCO TU TH14 3NSURFO NAMED ABOVE FOR THE POLICY PERIOD INDI(:ATED NOT HE IMO MNOF1 ANY RP4LJIRCMe14T, TEAM OR CONDITION OF ANY CONTRM1 T OR OTHER I.•0C47MCNT WITH Riz6PfcCT TO NA4iG1-! THIR C: TxRTI FICATC MAY AE 166U6O Qr2 MAY PERTAIN. THE INsil€iANCE APFOROUD DY TFIE ROLICIC6 OVOCRIOGD HOR4+IN IS 6V5JC-OT'rn ALL THE TQjjMS, GKCL0ft IONS AND CONDITION.9 OF SUCH H'OLICIES. UMIT9 UNOWN MAY RAVE DMIN ri EDUCED EIY PAID OLAIMII3. GU [� TY PT;, Of INIIURANG'R LTR. [� ALL OWNLD COMMERCIAL AUTO$ A ® d(iNRRAL 4IAGNILOTY $ b COMMERCIAL PCNCRAL LIABILITY SINGLE LIMIT p . OCGURRL'NI:E VIERSION fPERPERSON) OONTRAOlWAI. - INCIOCNTAL ONLY BODILYINJURY [3 OWMERS S CONTRACTORS PRO T. 11711 UMBRELLA LIABILITY > j wORKERS'COMPENSATIOII AND EMPLOYERS' LIBILITY pgE,IQy MM�Fp GOTIVU POLICY 6XYiliATi4N POLICY NUMpEfI DATE (ILI YiNY{ DATfs (MMJDCNYI r -"HAIL CPS2215870 04/10/2015 1 04/10/2016 ^GaReoATE POLICY LIMITS S 2,000,000 PROOUCTS-COMPIOPS I AOGR6QATE - PERSONALA AOVERT$SWG INJURY [� AUTOMOBILE LIABILITY $ [� ALL OWNLD COMMERCIAL AUTO$ MEDICALEXPEN&E rl SCHEDULED AUTOS $ b HIRED AUTOS SINGLE LIMIT p NOW OWNED AU708 fPERPERSON) GARAGE LIABILITY 11711 UMBRELLA LIABILITY > j wORKERS'COMPENSATIOII AND EMPLOYERS' LIBILITY pgE,IQy MM�Fp GOTIVU POLICY 6XYiliATi4N POLICY NUMpEfI DATE (ILI YiNY{ DATfs (MMJDCNYI r -"HAIL CPS2215870 04/10/2015 1 04/10/2016 ^GaReoATE POLICY LIMITS S 2,000,000 PROOUCTS-COMPIOPS I AOGR6QATE - PERSONALA AOVERT$SWG INJURY S EACH OCCURRENCE $ FIRE DAMAGE (Any one FI(e) $ MEDICALEXPEN&E (Any one person) $ C 0 MRINED SINGLE LIMIT $ BODILY INJURY fPERPERSON) $ BODILYINJURY 6 (PER ACCIDENT) PROPERTY DAMAGE $ GARAGE AGGREGATE $ LIMIT i $ 6TATUTORY EACH ACCIDENT $ DISEASE—F,AN EtI PLOYEE $ DISEASE POLICY LIMIT 1 $ 2,000,000 1,000,000 1,000,000 100,000 5,000 DESCRIPTION (IF OPERATI ONSNEHIC16SIRESTRICTIONStSPENAL ITEMS: Fishing boats and tackle rentals and bait supplies. City of Lake Elsinore is included as additional insured for the facilit loeated at 32040 Riverside Dr. Lake Elsinore CA 92530 CANCELLATION CERTIFICATE H0 LfiER 511 OULD ANY OF IHF. AHOVE DESCRIHHI) POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MA€L 36 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE,(T HUTFAILURE TO HAIL SUCH NOTICE SHALL, IMPOSE NO OBLIGATI ON OR UAGILITY OF Name City of Lake Elsinore ANY KIND UPON THE C 01APANY, ITS AGENTS OR REPRESENTATIVES. & 130 South Main Street Address Lake Elsinore, CA 92530 Ph; (951) 674.3124 AUTHOPI POLICYNUMBER: CPS2215870 COMMERCIAL GENERAL LIABILITY CG 20 110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 32040 RIVERSIDE DRIVE LAKE ELSINORE, CA 92532 Name OfPerson(s) Or Organization(s) (Additional Insured): CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on be- half of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to pro- vide for such additional insured. a. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applica- ble Limits of Insurance shown in the Declarations. CG 2011 0413 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED cS201.10413. tap