Loading...
HomeMy WebLinkAboutL12-028 - Original - Vortex Agility & Dog Training - Limited Use of City Real Property - 03/13/2012 i LICENSE FOR LIMITED USE OF CITY REAL PROPERTY BETWEEN THE CITY OF KENT AND SANDRA KATZEN (d.b.a. VORTEX AGILITY & DOG TRAINING) PARTIES THIS LICENSE ("License") is between the CITY OF KENT, a Washington municipal corporation ("City"), and SANDRA KATZEN, d.b.a. VORTEX AGILITY & DOG TRAINING, an individual ("Licensee"). RECITALS 1. Licensee has historically conducted activities related to training and exhibition of canine agility groups on that certain parcel of real property, as more specifically described in Exhibit A, pursuant to an agreement with the previous property owner. 2. The City has recently purchased said real property, but will not be implementing its plan for use of the parcel in the immediate future. 3. It is the intent of the Parties to enter into a License agreement with appropriate terms and conditions so as to allow Licensee to temporarily continue the existing use of the parcel for training and exhibition of dogs. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: j LICENSE 1. License Granted. For and in consideration of the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month, the City grants this License ("License") for a period of two (2) years from the Effective Date for Licensee to operate canine agility activities over a portion of that real property described in Exhibit A ("Property"), said portion being approximately as shown on the map attached hereto as Exhibit B ("Licensed Area"), including reasonable rights of ingress and ingress thereto from public rights-of-way. 2. Use of Property. Licensee shall use the Licensed Area only for the limited purpose of training of agility dogs and minor maintenance of equipment related to the same. Licensee shall be allowed to use the Licensed Area for exhibition only upon prior written approval by the City of a schedule for the same, which approval may be withheld at the City's sole discretion. Use of the Licensed Area by anyone other than Licensee shall by subject to prior written approval by the City, which approval may be withheld at the City's sole discretion. Licensee shall be permitted to maintain one temporary sanitation closet on the Licensed Area, provided that Licensee is solely responsible for its proper maintenance. LICENSE--Page 1 of 6 (between City of Kent and Vortex Agility & Dog Training) 3. Restoration. Upon revocation, termination or expiration of this License, Licensee shall remove its property, fixtures and belongings, and shall restore the Property to its original condition prior to its use of the Property, to the extent disturbed by Licensee or anyone entering the Property with the permission of Licensee. Such restoration obligation shall survive the expiration date of this License. 4. Revocation and Termination. This License does not grant an estate in the land described as the Property; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least 30 calendar days' written notice of that termination or revocation. Upon the effective date of the City's termination or revocation, Licensee is required to remove any equipment on the Property and restore the Property within thirty (30) calendar days per the terms of Section 3. If Licensee fails to remove the equipment within the allotted time, the City may remove all or part of the equipment, restore the Property, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the equipment. Upon termination of this License, Licensee will immediately remove any locks placed on gated access to the Property, pursuant to the terms of Section 7. 5. Permits Required. The City's grant of this License does not release Licensee from any obligations to obtain applicable local, state, and federal permits necessary for any intended use of the Licensed Area. Licensee's failure to comply with this Section 5 shall constitute grounds for immediate revocation by the City. 6. Indemnification. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents or assigns. The provisions of this Section 6 shall survive the expiration or termination of this Agreement. 7. Notice Before Entry. Entry upon the Property is by way of a locked gate maintained by the City. Licensee shall install a padlock on the entry gates for access only in series "daisy chained" with other placed locks. At no time shall Licensee install any lock in a fashion that prevents access for other licensees, tenants or the City. The City reserves the right to cut any lock required to gain access to the City's real property and access area. LICENSE--Page 2 of 6 (between City of Kent and Vortex Agility & Dog Training) insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that Licensee's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage z maintained by the City shall be excess of Licensee's insurance and shall not contribute with it. Licensee shall provide a certificate of insurance evidencing the required insurance before using the Licensed Area. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 13. Park Rules. Licensee understands that the Property is intended for park use, and agrees to abide by all the regulations for park use, as set forth in Chapter 4.01, Kent City Code, while using the Licensed Area. This includes, but is not limited to, the requirement that animals must be on a leash when not training in the arena, and a prohibition on carrying or consuming alcoholic beverages in the Licensed Area. 14. License Payments, When Due. License payments are due no later than the 5th day of each month for which the License is effective, payable in legal tender to the City. Failure to remit timely payment to the City shall result in immediate revocation of this License, notwithstanding the notification provision of Section 4. All other provisions regarding termination and restoration of the Property shall remain in effect. The City reserves the right to pursue all legal and equitable remedies for the collection of any amount owed to the City by Licensee pursuant to this License. 15. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. This agreement shall be effective upon the last day executed (Effective Date). 16. Warranty of Authority to Execute. Each person executing this license warrants that he/she has the requisite authority to bind the party for whom that person is executing. LICENSE--Page 4 of 6 (between City of Kent and Vortex Agility & Dog Training) 8. Reservation of Right to Require Additional Security. The City reserves the right to require such additional physical security measures as may be required to protect the Property. 9. No Assignment. This License grants to Licensee a personal privilege to use the Licensed Area for the particular purpose set forth herein. Licensee may sub-license the Licensed Area to Rainier Agility Team for the same Use as set forth in Section 2 above, and for no other purpose. Licensee cannot assign its rights under this License to any other party, or extend its use of the Licensed Area other than for the specific and limited Use set forth herein. If Licensee attempts to assign its rights under this License otherwise, or if Licensee exceeds the scope of this License, City may treat Licensee as a trespasser. 10. Venue and Jurisdiction. This License shall be construed in accord with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 6. 11. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: CITY: LICENSEE: City of Kent Vortex Agility & Dog Training Attn: Brian Levenhagen Attn: Sandra Katzen 220 Fourth Avenue South 3016 22nd Avenue South Kent, WA 98032 Seattle, WA 98144 12. Insurance. During the term of this License, Licensee shall effect and maintain insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the Licensed Area. Licensee shall provide a certificate of insurance evidencing: General Liability insurance covering premises, products-completed operations and contractual liability. The City shall be named as an insured on Licensee's General Liability insurance policy. Licensee will also provide an Additional Insured Endorsement at least as broad as ISO form CG 2010 07 04. The General Liability LICENSE--Page 3 of 6 (between City of Kent and Vortex Agility & Dog Training) r a i IN WITNESS, this License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE By: By: l� Y' Pr• t N Suzette Cooke Print Name:S'a-d;- kfi_c� It Its: Date: i 3 /z Date: 3lsr/r-2- STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. S'N p BR/Q�'4ii " s NOTARY PUBLIC, in and for the State of Washington, residing at \0 My appointment expires /1,f/i`�Op W t;- I,,: A LICENSE--Page 5 of 6 (between Clty of Kent and Vortex Agility & Dog Training) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that oL..ar�,Ka z&_� is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that hfj he, is authorized to execute the instrument on behalf of V r � S n a ny 7 , and such execution to be the free an volun ary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first abov written. 1 n WE R. Gi OTK�t'•`� NOTARY PUBLIC, in and for the State of Washington, residing at $ My appointment expires1 P\Civll\Files\0pen Files\0105-2011-Parks General\Vortex Agility&Dog Trmmng License dm "'1 LICENSE--Page 6 of 6 (between City of Kent and Vortex Agility & Dog Training) -y Exhibit A CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 1298307 Your No.: HUSE *PRE-ESCROW LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE SOUTH 1010149: WEST A DISTANCE OF 848.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1010149" WEST, 478.37 FEET; THENCE SOUTH 89004132" EAST, 45.00 FEET; THENCE NORTH 45051135" EAST, 62.76 FEET; g THENCE NORTH 10045126" WEST, 264.27 FEET; THENCE NORTH 9057'42" WEST, 178.35 FEET TO THE TRUE POINT OF BEGINNING; I EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF OF THE SOUTHWEST QUARTER AND RUNNING THENCE EAST ALONG THE SOUTH LINE 40 RODS; THENCE NORTH 20 RODS; THENCE WEST 40 RODS; THENCE SOUTH 20 RODS TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE SOUTH 1010'49" WEST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 1010149" WEST, 818.85 FEET; THENCE NORTH 13050114" WEST, 114.38 FEET; THENCE NORTH 2016136" EAST, 119.91 FEET; THENCE NORTH 5003'27" WEST, 179.40 FEET; THENCE NORTH 5032'16" WEST, 256.57 FEET; THENCE NORTH 8038108" EAST, 155.90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY MARGIN OF SOUTHEAST 216TH STREET; THENCE ALONG SAID MARGIN SOUTH 89004114" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO KING COUNTY FOR 132ND AVENUE CLTACMA6/MA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Order No.: 1298307 YourNo.: HUSE *PRE-ESCROW LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) SOUTHEAST BY DEED RECORDED UNDER RECORDING NUMBER 141716; EXCEPT THE NORTH 30 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 216TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 2948529; ALSO EXCEPT THE WEST 460 FEET OF THE NORTH 610 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, TOWNSHIP AND RANGE. i I CLTA04A6/RDA/0999 e. _ i 2 Y y th jt of } ; Or M q ff X .+� _ F •� [ }� it g t `yra }} il .. •? iYf, i fA aay$�, a ' ram ,e�.•' t a t},�•+i� ' '' ay - �.Y 'i"�. ? � ] �yi ♦♦ pp.. FRR YY v - ,- *�. y. �:. T� �. ",��d.j� ,.gyp��e�A �i�'& � ��f -,�,�c ,�•. �t` �r Y 7 ® DATE(MMIDDIYYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 2/17/2012 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(ies) must 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 endorsement(s) PRODUCER CONTACT K= ROmeis NAME _ Rice Insurance LLC PJC NNo Ext (360)734-1161 aC ryo (360)734-1173 E-MAIL 1400 Broadway ADDRESS 3-km.romeis@ rice insurance.com PRODUCER 00013265 P.O. Box 639 CUSTOMER Bellingham WA 98227 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Arnerlcan States Ins INSURER B Sandra Katzen, DBA: Vortex Agility and Dog INSURER 3016 22nd Avenue S INSURER D INSURER E Seattle WA 98144 INSURER COVERAGES CERTIFICATE NUMBERCL1152009344 REVISION NUMBER- 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICYNUMBER MWDOIYYYY MWDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000 OOO X COMMERCIAL GENERAL LIABILITY PREMISES!Ea occurrence $ A CLAIMS-MADE ❑X OCCUR X 01CI4651031 6/4/2011 6/4/2012 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,000 X POLICY PRO-ECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ YLIMIT WORKERS COMPENSATION WC STATUS OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIET(DRIPARTVEP EXECUTIVE E L EACH ACCIDENT $ OFFICERWEMBER EXCLUDE01 ❑ NIA (Mandatory In NH) - E L DISEASE-EA EMPLOYE $ If yes,describe under I DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Certificate holder is named additional insured lessor is respects to the property leased by the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS attn: Brian Levenhagen 220 4th Ave $ AUTHORIZED REPRESENTATIVE Kent, WA 98032 Tim Dmckerson/MDM ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION All rights reserved INS025(200909) The ACORD name and logo are registered marks of ACORD I i l f insurc rice COMMERCIAL GENERAL LIABILITY f CG 76 35 02 07 , i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Marne of Person or Organization: As per written contract i ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to any "occurrence"o be takes place The following paragraph is added to WHO IS AN Section II : after you cease to be a tenant in INSURED ( ) any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- 1 is an insured, subject to the following additional struction or demolition operations x provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an I in effect during the policy period shown in insured, the Declarations, and must have been exe- (2) Your ongoing operations for that in- ! cuted prior to the "bodily injury", "property sured, whether the work is performed damage", or 'personal and advertising by you or for you; 1 y"• fn ur (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such ; sured by this endorsement is an insured only person or organization, subject to the j to the extent you are held liable due to: following additional provisions: } (1) The ownership, maintenance or use of (a) This insurance does not apply to 11 that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires; 1 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Saleco and the Safeco logo ara registered itadornarla of Safeco Corporal Ion CG 76 35 02 07 Pags 1 of 4 EP (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli_ other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any en- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises personal and advertising injury arising you own or rent, out of operations performed for the state or municipality (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or "per- sonal and advertising injury" arising out of (3) Parking an "auto" on, or on the ways h failure to render an next to, premises you own or rent, pro- the rendering of or the Y �� of owned b or vided the auto is n y professional services by or for you, mc[ud rented or loaned to you or the insured, ing: (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract' for the ownership, mal i nance or use of aircraft or watercraftt,, o or opinions, reports, surveys, change or- ders, designs or specifications, and (5) "Bodily injury" or "property damage" arising out of. (2) Supervisory, inspection or engineering services. (a) the operation of machinery or equipment that is attached to, or d. This insurance does not apply to "bodily part of, a [and vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and", subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or a (b) the operation of any of the machin- " No coverage will be provided if, in the absence of this ery or equipment listed in Paragraph endorsement, no liability would be imposed by law on f.(2) or f.(3) of the definition of you Coverage shall be limited to the extent of your "mobile equipment". negligence or fault according to the applicable princi pies of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED TENANTS' PROPERTY DAMAGE LIABILITY AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion ). of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper (1) Property you own, rent, or occupy, including ation and `loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section li): i person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (6) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors I working directly or indirectly on your behalf b. Up to $3,000 for cost of bad bonds required are performing operations, if the "property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you. A separate vestigation or defense of the claim or "suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $5C0 ises Rented To You as described in Section Ili a day because of time off from work. — Limits Of Insurance. I Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph (6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is o Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: i is replaced by the following: a. Coverage under this provision is afforded 6. Subject to S. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- EXTENDED "PROPERTY DAMAGE" der Coverage A for damages because of f "property damage" to any one premises, while rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section 1) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. "Bodily injury" or "property damage" expected k or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. 1 CG 76 35 02 07 Pags 3 014 EP EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. `Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to$10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2. Duties In The I TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): 1 Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "Suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER if you unintentionally fail to disclose any hazards ex- LOCATION istmg at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a smgle "location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion 111) apply separately to each of your "locations owned by or rented to you. 10. if a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. I c f r Page 4 of 4 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUG /``TH LAW DEPARTMENT) FhL Reviewed by Parks Director On inator: Rosalie Givens Phone Orl inator : 5083 Date Sent: 3/9/2012 Date Re uired: 3/14/2012 Return Si ned Document to: Rosalie CONTRACT TERMINATION DATE: 2/2014 Agility & Do DATE OF COUNCIL APPROVAL: N/A VENDOR NAME: Vortex Ag y 9 Trainin qn Brief Explanation of Document: License Agreement for Vortex Agility & Dog Training to use vacant land that City of Kent Parks Department purchased. This is agreement is for 2 years. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: REC EIVED Approval of Law Dept.: MAR 4? 2012 Law Dept. Comments: SENT LAW DEPT RECEVELD EDatewarded to Mayor: Shaded Areas To Be Completed By Administration S I { ' Received: 2012 Recommendations and Comments: CIiY Of��NT /s//"Z Disposition: �� � � C�_ CIP'CL«K Date Returned: