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HomeMy WebLinkAboutL17-078 - Original - Billy McHales - Hogan Park at Russell Road Concessions - 04/01/2017 4^ CITY CLERK CITY OF KENT KENT WASHiNGTON 220 4"'Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION I - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L'i -I - 01 '� 1. Responsible Department/Division: Parks - Recreation 2. Contact Person and Title: David Heldt, Program Coordinator (Julie Romano, System Support) Telephone Extension: 5004/5001 3. Tenant (Customer) Name: Billy McHale's; Jim Ross 4, Tenant (Customer) Number: 1005513 5. General Ledger Account Number: 10006210.56280.4210 6. King County Tax Parcel Number: 7. Address of Parcel: Hogan Park at Russel�l Road, Fields 1-5 8, Type of Lease: Concession Agreement - Permanent Structure 9. Council Authorization Date: 10, Mayor Signature Date: 04-10-17 (Signed by Lori Hogan) SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 04/01/2017 12. Tenant Lease Option Renewal Notification Due Date: End of Each Term 13, Lease Termination Date: 10/09/2017 14. Lease Duration: 192 Days SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: 18% of Gross 16. Rent Due Date: 10th 17. Calculation of Rental Increase(s): Lease Agreement Cover Sheet—Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? ® YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ® NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ® YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ❑ NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ® Does Not Apply ❑ Water: ❑ Sewer: ❑ Drainage: ❑ Garbage: ❑ Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 5% 23. Late Interest: 1% SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 ` -. CITY OF KEMT CONCESSION AGREEMENT-Permanent Structure THIS, AGREEMENT is made and entered into by and between the City of Kent, a Washington municipal corporation, (the "City"), and Billy McHa|es (Jlirm Ross (253) 839-4200), 1320 S. 324 m St, Suite /418, Federal Way, WA 98003, ("Concessionaire"). AGREEMENT 1. Grant of Concession. The City grants to Concessionaire the right and privilege to sale food, beverage, merchandise, and other goods, products and services within the limits of Hogan Park at Russell Road Fields 1-5, City of Kent, County of King, State of Washington. This right applies to all events, with the exception, at City's sole discretion, of certain events where organizers may be allowed to bring in additional vendors during large national tournaments and/or special events, in order to meet the needs of their event (see Exhibit/\, Schedule VfEvents). 2. Term of Agreement. The term of this agreement shall commence April 1, 2017 and end October 8, 2017 with an option to renew for additional one (1) year terms at the end of each term, by mutual agreement of the parties in writing. 3. Termination of Agreement. The failure on the part of Concessionaire to comply with any of the provisions of this agreement, or the failure to obey, perform or to comply with local, state or federal laws, rules, regulations or requirements now existing or hereinafter -- enacted, shall be grounds for the City to terminate this agreement and revoke its grant of all rights of Concessionaire under this agreement. The City expressly reserves the right and power to terminate this agreement upon giving Concessionaire ten (10) days advance written notice for cause as set forth herein, and Concessionaire expressly waives the right to c|eirn or recover any damages on account of such termination against the City, its officers, officials, employees, agents and volunteers. The City may order Concessionaire to cease operations hereunder immediately at any time should the City, in its SO|e discretion, determine that Concessionaire's operation is detrimental to public safety, health or vve|fare. Upon expiration of this agreement or upon prior termination thereof Concessionaire agrees to promptly cease to operate the point of sale concession at the location specified herein, without any right or claim to reimbursement, compensation, or remuneration of any kind. Notwithstanding the foregoing, either party may terminate thi|s agreement with ninety (90) days' notice to the other party in writing. 4. Payment for Concession. Concessionaire shall pay to City 18 96 of its, monthly g1ross receipts, excluding Washington State sales tax, from the concession privileges granted by this agreement as described in Section 1. Pursuant to Chapter 82.29A RCVV, Concessionaire shall also pay to the City stete leasehold excise tax (12.8496) as applicable and in addition to rent due to the City. Concessionaire shall make payment to the City for each calendar month of operation, said payment being duo and payable no later than the tenth (10m} of the following, accompanied by a signed and certified written report for the prior calendar month period of all Gross Receipts for such period in a form reasonably approved by the C|ty. All payments shall be paid or delivered to: City of Kent Finance Department Customer Services Division 220 Fourth Avenue South Kent, WA 98032-5895 .. In addition, a copy of the written report shall be delivered to the City of Kent Parks Department atthe above noted address by the tenth (10"') of each month. If any payment due under this Agreement is not paid to the City within ten (10) days after the date specified, o one-time late charge of five percent (596) of the payment due shall be added tothe payment asa penalty, and the total sum shall become immediately due and payab|e. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. approximately 20 days late) shall bear interest at the mate of one percent (196) per month. The Concessionaire shall maintain records respecting that activity which truly, completely, and accurately disclose all information necessary to determine the Concessionaire's rent liability hereunder during each reporting period. Such records shall be kept and rne|nLa|nod fora period of not less than three /3\ years. All books, records, and other items required to be kept and maintained under this section shall be subject to, and immediately made available for inspection and audit at any time, with or without notice, at the place where such records are kept upon the demand of the finance director or his or her designee. Any amount due and unpaid under this Agreement and all penalties, service charges, or fees shall constitute a debt to the city. The city may, plursuant to Chapter19.86 RCVV, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other existing remedies. 5. Rules Governing Concession Operation. Concessionaire, agrees to comply with the following provisions. Violation of any of these provisions in Cityts sole discretion shall constitute cause to terminate the agreement with ten (10) days' notice pursuant to Section 3Terrnination of Agreement: a. The location of Concessionaire's point(s) of sale, methods of sale, and prices charged for commodities sold under this agreement are subject to the supervision, direction and approval of the City. The City expressly reserves the right to make rules, regulations and requirements relating to the management of any and all of the locations operated by the CDnC855i0mair8 under this agreement, including the regulation and prices at which commodities handled or dispensed by the Concessionaire shall be sold to the public. b. Concessionaire shall pay $200.80 cleaning deposit fee to the City. The cleaning deposit fee will be returned to Concessionaire within 21 days of termination of this agreement, provided Concessionaire deans the concession area to the satisfaction of the City. Any cleaning or waste disposal deemed necessary to be performed by the City will beat Concessionaire's sole expense. Concessionaire will be required to timely reimburse the City for any cleaning or disposal expense it incurs, and the City may retain Concessionaire's cleaning deposit to offset any such expense. c. Concessionaire shall not establish any point of sale that interferes with on-field events mr spectator viewing of events. d. Concessionaire shall furnish all necessary equipment tostore, prepare, COOk and hold all items of a perishable nature in accordance with King County Health Department rules and regulations. Page . f e. Concessionaire shall not permit any lewd or immoral conduct in or about the concession area. All persons working in the concession area shall present a neat and clean appearance. f. Concessionaire shall keep the general area around the designated point of sale clean; i.e., keep all bottles, cans, papers and refuse picked up from the area. Upon any failure to do so, after written notice by the City, the City reserves the right to clean the area and charge labor costs to the Concessionaire. g. Concessionaire shall permit any authorized officer or employee of the City to have free access to the concession area at any and all times to ensure compliance with the agreement. h. Concessionaire shall not serve, handle or otherwise possess or store alcoholic beverages or tobacco products of any kind in the concession area. i. A radio or musical device for entertainment may be used by the Concessionaire in the point of sale area; provided, however, that any radio or musical device shall be operated at reduced volume so it cannot be heard at a distance of more than 100 feet from the concession area. j. All deliveries of merchandise shall be made at a time so as not to disrupt scheduled activities. k. Concessionaire shall devote as much time to this concession as may be necessary to provide first-class service to the patrons. Concessionaire shall be open for business seven days per week, while scheduled activities are in progress. All closures, regardless of the circumstances, must be approved by the City; provided, however, that approval shall not be required when any scheduled event has been canceled due to any local, state, or national disaster or force of nature. I. Calling out of wares shall be done in such a manner so as to not interfere with the scheduled event in progress, and no unnecessary loud noises will be permitted. No advertisement, sign, notice, poster or other advertising of any kind or character whatsoever shall be placed, affixed, distributed and/or used in the concession area without prior approval of the City. m. At the expiration of the term of this agreement, or upon the termination thereof the Concessionaire shall remove all concession products and supplies from the assigned concession building within 21 days. 6. Independent Contractor. The parties intend that an Independent Contractor- Employer Relationship will be created by this agreement. By their execution of this agreement, and in accordance with Chapter 51.08 RCW, the parties make the following representations: a. Concessionaire has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this agreement. b. Concessionaire has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Concessionaire's services and is a service other than that furnished by the City, or Concessionaire is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Page 3 agreement. c. Concessionaire is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. d. Concessionaire has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Concessionaire's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. e. Concessionaire has a valid contractor registration pursuant to Chapter 18.27 RCW or an electrical contractor license pursuant to Chapter 19.28 RCW. f. Concessionaire maintains a set of books dedicated to the expenses and earnings of its business. 7. Indemnification. Concessionaire agrees to indemnify, defend and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Concessionaire's performance of this agreement, except for that portion of injuries and damages caused by the City's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fess and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Discrimination. In the hiring of employees for the performance of work under this agreement or any sub-contract, Concessionaire, its sub-contractors, or any person acting on behalf of Concessionaire or its sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin or the presence of any sensory, mental or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Concessionaire shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of this agreement, file the attached Compliance Statement. Page 4 9. Permits and Insurance. It shall be the responsibility of the Concessionaire to obtain all food handling permits as required by the King County Health Department. Concessionaire shall obtain a comprehensive liability insurance policy with limits of not less than $1,000,000 for bodily injury, and $1,000,000 property damage and shall have a certificate of insurance issued to the CITY OF KENT naming the City as an additional insured. Such certificate shall cover all activities of the Concessionaire with respect to this agreement. The CITY OF KENT shall be provided with thirty (30) days notice prior to termination of such coverage by the insurer. 10. Taxes, Fees and Permits. The Concessionaire shall obtain and at all times maintain a current City of Kent business license. The Concessionaire shall promptly pay all taxes and fees for its operations to the appropriate collecting agencies. These taxes and fees include, but are not limited to, state leasehold excise tax, sales tax, and any other taxes imposed by governmental agencies pertaining to the Concessionaire's operations under this Agreement. 11. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 12. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this agreement, or to exercise any option conferred by this agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 13. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternate dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limited the City's right to indemnification under Section 7 of this agreement. 14. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the agreement, unless notified to the contrary. Any written notice hereunder shall be effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this agreement or such other address as may be hereafter specified in writing. 15. Assignment. Any assignment of this agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 16. Modification. No waiver, alteration or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Concessionaire. Page 5 17. Entire Agreement. The written provisions and terms of this agreement, together with any exhibits attached hereto shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this agreement. All of the above documents are hereby made a part of this agreement. However, should any language in any of the exhibits to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. 18. Compliance with Laws. Concessionaire agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or in the future become applicable to Concessionaire's business, equipment and personnel engaged in operations covered by this agreement or accruing out of the performance of those operations. 19. Counterparts. This agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this Agreement. This agreement shall become effective on the last date entered below. CONCESSIONAIRE CITY F KENT By: By: Lori Hogan Its: Parks Suneri ent Date: Date: Notices to be sent to Concessionaire: Notices to be sent to the City: Address: Address: Billy McHales City of Kent Parks, Recreation & Attn: Jim Ross Community Services 1320 S. 3241h St, Suite A-10 Attn: David E. Heldt, Parks Coordinator Federal Way, WA 98003 525 4th Ave North Kent, WA 98032 Page 6 Exhibit A Schedule of Events for Hogan Park at Russell Road Agreement The concessionaire agrees to be open for business for the following events: 1. Weeknight league games on 2 or more fields. • Concession stand must be open for business 15 minutes prior to the start of first game and remain open until the start of the last game of the night, usually 9:45 pm. • Weekly field matrix will be emailed week prior to each week. 2. Scheduled Tournament Play • Concession stand must be open for business 15 minutes prior to the first scheduled game and remain open until the start of the last game of tournament. • Tournament game matrix will be emailed Wednesdays prior to scheduled tournament. The following events will be allowed to bring in additional food and/or beverage vendors for their events: • June 22-25, 2017 USSSA Major Men's and Women's Event • July 21-23, 2017 Morets & Momes Softball Event **Events Organizers may be allowed to bring in additional vendors during large national tournaments and/ or special events, in order to meet the needs of their events. Page 7 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, which the Prime Contractor complied with the requirements as set forth above. By signing below, I gree to fulfill the five requirements referenced above. Dated thi day of By: For: I 1 `C Title: �✓' Date: 1 Page 8 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Page 9 BILLM-2 OP10:1KT ' AC`ORD' CERTIFICATE OF LIABILITY INSURANCE DATE 12712017 03l2712017 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 CO NAMNEACT Kaatina Tofte Brown&Brown of WA.Inc.(B) PHONE 206-956-1600 Fa No):206-956-9600 1501 4th Ave Suite 2400 AIc No Ext Seattle,WA 98101 E-MAIL REss:ktofte bnbseattle.com Brown&Brown of WA.,Inc.(B) INSURERS AFFORDING COVERAGE NAIC d INSURER A:OHIO SECURITY INSURANCE CO. 24082 INSURED T G Restaurants,LLC INSURER B: DBA Billy McHales 1320 S 324th St Ste A-10 INSURER C: Federal Way,WA 98003 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. I�jR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYI MMIDDIYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE a OCCUR X BKS57378257 09104l2016 09l0412017 PREMISES Ea occurrenceDAMAGE TO RENTED— s 1,000,00 MED EXP(Any one person) S 15,00 PERSONAL&ADV INJURY 5 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE 5 2,000,00 POLICY PRO- u JECT u LOC PRODUCTS-COMP/OP AGG 5 2,000,00 OTHER: Liquor S 1,000,00 AUTOMOBILE LIABILITY (CEO,'.' OMBINED SINGLE LIMIT S Ea accident A ANY AUTO BKS57378257 09/04/2016 09/04/2017 BODILY INJURY(Per person) 5 1,000,00 ALL OWNED SCHEDULED BODILY INJURY(Per accident) 5 AUTOS AUTOS X HIRED AUTOS N NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5 1,000,00 A EXCESSLIAB CLAIMS-MADE US057378257 09/04/2016 09/04/2017 AGGREGATE S 1,000,00 DED I X I RETENTIONS 10,000 S WORKERS COMPENSATION SPER TATUTE X FOR H- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVE YIN BKS57378257 09/04/2016 09/0412017 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) El WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E-L.DISEASE-POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Event at Hogan Park at Russell Road CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. c/o Kent Parks,Recreation &Community Services AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent,WA 98032-5895 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises s that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C- Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions; (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured 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 insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 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