HomeMy WebLinkAboutAGMT - DCOR LLC (Pier & Parking License)PIER AND PARKING LICENSE AGREEMENT
between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Is
DCOR LLC
290 Maple Court, Suite 290
Ventura, CA 93003
(805) 535 -2000
Page I of 13
This Pier and Parking License Agreement ( "the Agreement ") is made as of the first day of
October, 2018 (the "Effective Date "), by and between DCOR LLC , a Texas limited liability
company ( "Company "), and the City of Seal Beach ( "City "), a California charter city
(collectively, "the Parties ").
RECITALS
A. City is the owner of the Seal Beach Fishing Pier (the "Pier "), subject to the terms
of a Tidelands Lease (the "2018 Tidelands Lease "), dated , recorded July 5, 2018 as Document
No. 2018000246302, of Official Records of Orange County, California, and a Lease and
Operating Agreement dated December 12, 1983, recorded February 14, 1984, as Document No.
84- 063426 of said Official Records as amended February 15, 2007 (the "Operating Agreement').
B. On record is a preceding Tidelands Lease, dated June 22, 1967, recorded August
17, 1967 at Book 8345, Page 376, of Official Records of Orange County, California, and a Lease
and Operating Agreement (the "prior Operating Agreement'), dated December 12, 1983,
recorded February 14, 1984, as Document No. 84- 063426 of said Official Records
C Company, as successor in interest to Nuevo Energy Company ("Nuevo "), has
heretofore been granted landing rights on the Pier and vehicle parking privileges in the adjacent
City 10th Street parking facilities pursuant to an Agreement dated September 1, 2001, by and
between City and Nuevo, as subsequently amended pursuant to Amendment No. One dated April
21. 2008 and Amendment No. 2, dated July 25, 2011 (collectively "Prior License Agreement'),
which expired on July 31, 2016. Following expiration of the Prior License Agreement, the terms
of the Prior License Agreement have continued on a month -to -month basis with consent of City
and Company.
D. On record is a preceding agreement dated August 11, 1986, by and between City
and Union Oil Company of California ( "Union ") that was subsequently succeeded in interest by
Nuevo.
E. The Parties now desire to enter into this new Agreement granting a license to
Company for landing rights on the Pier and vehicle parking privileges in the adjacent City 10th
Street parking facilities on the terms and conditions of this Agreement, superseding and
replacing all prior agreements and understanding between the Parties regarding landing rights on
the Pier and vehicle parking privileges in any and all City parking facilities.
AGREEMENT
NOW, THEREFORE,'m consideration of the mutual covenants herein contained, City and
Company hereby agree as follows:
Section 1. Definitions.
1.1 General Descriptions. As used in this Agreement, the following words
and phrases shall have the following meanings:
Page 2 of 13
(a) Authorized Representative -- means any officer, agent, employee,
or independent contractor retained or employed by either Party, acting within authority given by
that Party.
Section 2. Rights Granted.
2.1 License for Use of Landing Platforms. Company and its Authorized
Representatives are hereby granted a non- exclusive license for the term of this Agreement to use
the boat landing ( "Boat Landing ") on the Pier for the purpose of docking boats including,
without limitation, embarking and disembarking Authorized Representatives of Company and
loading and unloading supplies and small items of equipment between the hours of 5:00 am and
8:00pm. Company shall retain the right to consent to the use of the Boat Landing by any third
party authorized by the City to use such Boat Landing. Such consent shall not be required for
use of the Boat Landing by City, its officials, employees, or volunteers, including but not limited
to City lifegaurds and their trainees, or by any other government agency. Company may impose
reasonable conditions upon its consent, including, but not limited to, imposition of a reasonable
fee for use of the Boat Landing by such third party, to the extent such use interferes or conflicts
with Company's use. In addition, periodic loading /unloading between the hours of 8:00 pm and
12:00 am, limited to no more than 3 times during any 7 day week, shall be permitted if Company
gives notice to the City as soon as practicable before such use or no later than the next business
after such use if prior notice is impracticable. Loading /unloading at the Boat Landing between
the hours of 12:00am and 4:59am will be for emergency response needs only (i.e.; emergencies
such as injuries, illnesses, and responses to environmental or safety issues in conformance with
approved Emergency Response Plans associated with the Company's Platforms Esther, Eva and
Edith). All operations shall comply with all applicable provisions of Chapter 7.15, "Noise," of
the City of Seal Beach Municipal Code and, for operations outside the hours of 5:00 am to 8:00
pm, Company shall use its best efforts to minimize noise and lighting impacts to nearby
residents.
2.2 Parking License. Company and its Authorized Representatives are hereby
granted a non - exclusive license for the term of this Agreement to use of 22 undesignated parking
spaces in City's 10th Street parking facility at the base of the Pier. City shall have the right to
control parking by Company's Authorized Representatives by any reasonable means, and
Company shall cause its Authorized Representatives to comply with the procedures and
regulations established by City from time to time to control such parking. If Company desires to
use more than 22 parking spaces at any one time, and additional spaces are available, Company
and its Authorized Representatives may use additional spaces on the same terms and conditions
(including without limitation payment of the same fees) that such spaces are made available to
the general public, on a first -come first -serve basis.
Section 3. Tenn. The term of this Agreement shall commence as of the Effective
Date and continue for five (5) years, and shall terminate at midnight on September 30, 2023,
unless sooner terminated or extended as herein provided. Upon mutual agreement of the Parties,
City may extend the term of this Agreement for two (2) consecutive additional periods of five (5)
years each by giving notice of its desire to extend to Contractor not less than ninety (90) days
prior to the end of the term or any individual extension period. Upon mutual agreement of the
Parties to the terms of the extension, the parties shall execute an amendment to this Agreement.
Page 3 of 13
Section 4. Party Representatives.
4.1 The City Manager is City's representative for purposes of this Agreement.
4.2 Company's General Counsel is Company's primary representative for
purposes of this Agreement.
Section 5. Fees and Charges.
5.1 Monthly Fee. Company shall pay to City as the monthly fee ("Monthly
Fee ") for the rights granted under this Agreement, without deduction, setoff, prior notice, or
demand, the sum of $9,300.00 per month, subject to adjustment as provided in Section 5.2. The
Monthly Fee shall be paid in advance on the first day of each month, commencing on the date
the term commences and continuing during the term. All Monthly Fees shall be paid to City at
the address to which notices to City are given.
5.2 Annual Adjustment to Monthly Fee. The Monthly Fee described in
Section 5.1 shall he adjusted on August 1 of each year of this Agreement ( "Adjustment Date ") as
follows:
(a) The base for computing the adjustment on each Adjustment Date
is the Consumer Price Index for All Urban Consumers for the I.os Angeles -Long Beach -
Anaheim Metropolitan Area, not seasonally adjusted, published by the United States Department
of Labor, Bureau of Labor Statistics ( "Index ") that is published on or about July fifteenth (15th)
of each calendar year ( "Extension Index ").
(b) If the Extension index for the current year is less than or equal to
the Extension Index for the prior year, the Monthly Fee shall not be adjusted and shall continue
at the rate in effect immediately prior to the current year's Adjustment Date. if the current year's
Extension Index is more than the prior year's Extension Index, the Monthly Fee shall be adjusted
to an amount determined by multiplying the Monthly Fee in effect immediately prior to the
current year Adjustment Date by a fraction, the numerator of which is the current year's
Extension Index and the denominator of which is the prior year's Extension Index.
5.3 Taxes and Assessments. Company shall pay or cause to be paid, before
delinquency, any and all taxes and assessments levied and assessed against its interest under this
Agreement. Company recognizes and understands that this Agreement may create a possessory
interest subject to taxes levied upon such interest.
5.4 Interest on Unpaid Amounts. Any amounts not paid when due shall bear
interest at the rate of 12% per annum from the date due until paid.
Section 6. Limitations on Use. Notwithstanding anything in this Agreement to the
contrary, Company shall comply with all of the following in the exercise of the rights granted
under this Agreement:
6.1 Company shall not dock boats that exceed ninety -five (95) feet in length,
measured from bow to stem at the water line.
Page 4 of 13
6.2 Company shall not operate any vehicle on the Pier unless Company has
obtained from City a pier pass permitting that vehicle on the Pier.
6.3 Company shall not bring onto the Pier any vehicle or equipment unless
Company has the specific prior written consent of the City Engineer, which consent may be
withheld or denied in the sole and absolute discretion of the City Engineer.
6.4 Company shall not use Boat Landing for the purpose of operating sports
fishing boats or barges or for any commercial purposes other than in connection with Company's
oil and gas business.
6.5 Company and its Authorized Representatives shall strictly comply with all
rules, regulations and instructions of City and its Authorized Representatives regarding the safe
and orderly use of the Pier, the landing facilities and the parking facilities.
Section 7. Maintenance and Repairs to Boat Landing.
7.1 Company at its sole cost and expense shall maintain in good condition and
make repairs to the Boat Landing and all equipment and facilities thereon for damage arising
from or in connection with the use thereof by Company and its Authorized Representatives.
Company shall be liable for damages arising from or in connection with the use thereof by third
parties who /which have been granted a non- exclusive license to use the Boat Landing by the
City, to the extent such damages arise out of or are related in any way to the negligence or willful
misconduct of Company or any of its officials, employees, agents and /or Authorized
Representatives, and shall be included in Company's duty to defend, indemnify and hold
harmless Indemnities as set forth in Section 10 of this Agreement. City at its sole cost and
expense shall make repairs to the Boat Landing and all equipment and facilities thereon for
damage arising from or in connection with the use thereof to the extent caused by the gross
negligence or intentionally wrongful acts of third parties who /which have been granted a non-
exclusive license to use the Boat Landing by the City. Company shall give the City Engineer as
much prior notice as possible before commencing any repair work, but in no event less than 48
hours' notice without City's consent to shorter notice in the specific case. Repairs shall be
completed promptly and to the satisfaction of the City Engineer.
7.2 If Company fails to perform any necessary maintenance within 10 days
after demand by City (or, in an emergency, such shorter period as may be determined by the City
Engineer), City may (but is not required to) perform such maintenance at Company's expense.
Company shall reimburse City for its costs incurred within 10 days after presentation of an
invoice. Company shall document all maintenance activities to Boat Landing, and shall submit
copies of all documentation to City upon demand, and, in the absence of a demand, not less
frequently than annually.
Section 8. No Warranty by City. City makes absolutely no warranty as to the fitness
of the Pier for the purposes intended by Company or for any purpose whatsoever.
Section 9. Exculpation of City. City shall not be liable to Company for any damage
to Company or Company's property from any cause except to the extent caused by or arising out
of the gross negligence or intentionally wrongful acts of City or its Authorized Representatives.
Page 5 of 13
Company waives all claims against City for damage to person or property arising for any reason
other than the gross negligence or intentionally wrongful acts of City or, its Authorized
Representatives.
Section 10. Indemnification, 1Iold Harmless, and Duty to Defend. Company
shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents
serving as independent contractors in the role of city officials (collectively "Indemnities ") free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful death,
(collectively "Claims ") in any manner arising out of or incident to any acts or omissions of
Company, its employees, its agents and/or its Authorized Representatives in connection with the
performance of this Agreement or exercise of the rights granted pursuant to this Agreement,
including without limitation the payment of attorneys' fees and other related costs and expenses,
except for such Claims arising from the sole negligence or willful misconduct of City, its
Authorized Representatives, or third parties who /which have been granted a non - exclusive
license to use the Boat Landing by the City. With respect to any and all such aforesaid Claims,
suits, actions, or other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Company shall defend Indemnitees, at Company's own cost, expense, and risk, and
shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees.
Company shall reimburse City and its directors, officials, officers, employees, agents and /or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Company's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Company, City, its directors,
officials, officers, employees, agents or volunteers. All duties of Company under this Section
shall survive termination of this Agreement.
Section 11. Insurance Requirements.
11.1 Types of Required Coverages. As a condition precedent to the
effectiveness of this Agreement, Company shall, without limiting the indemnity provisions of
this Agreement, procure and maintain in full force and effect during the term of this Agreement,
the following policies of insurance:
(a) Commercial General Liability. Commercial General Liability
Insurance with minimum limits or $1,000,000 per occurrence, and if written with an annual
aggregate, an aggregate limit of not less than $2,000,000. Such insurance shall include coverage
for Contractual Liability as well as sudden and accidental pollution, both onshore and offshore.
(b) Excess Liability. Excess Liability Insurance with a minimum limit
of $3,000,000 per occurrence, over and above the primary limits indicated in (a) above. Such
insurance shall provide for Contractual Liability and pollution liability for both onshore and
offshore occurrences.
(c) Automobile Liability Insurance. Automobile Liability Insurance
covering "Any Auto" (Symbol 1) with limits of $2,000,000 each accident.
(d) Ocean Marine Liability. Ocean Marine Liability, including
Protection and Indemnity and Pollution Liability with minimum limits of $3,000,000 per
Page 6 of 13
occurrence; provided, however, that if Company does not own or operate vessels that use the
landing rights granted under this Agreement, and all of Company's Subcontractors who own or
operate such vessels do maintain such coverage (including without limitation the endorsements
required by Section 11.2(a)), Company shall be excused from its obligations under this
paragraph (d) upon providing proof of the subcontractors' insurance.
(e) Workers' Compensation. Workers' Compensation Insurance, as
required by the State of California and Employer's Liability Insurance with a limit of not less
than $1,000,000 per accident for bodily injury and disease, and any required coverage under the
U.S. Longshoremen's and Harbor Workers' Act (U.S.L &H), and/or Jones Act for employees
performing services covered by said Act(s).
11.2 Endorsements.
(a) The policies of insurance required by subsections 11.1(a), (b), (c)
and (d) shall be endorsed as follows:
(1) Additional Insured. City and its officers, agents and
employees shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement.
(2) Primary Insurance. This insurance shall be primary and
any other insurance, deductible, self - insurance or self - insured retention maintained by City shall
not contribute with this primary insurance.
(3) Severability. In the event of one insured, whether named or
additional, incurs liability to any other of the insureds, whether named or additional, the policy
shall cover the insured against whom claim is or may be made in the same manner as if separate
policies had been issued to each insured, except that the limits of insurance shall not be increased
thereby.
(4) Cancellation. The policy shall not be canceled or the
coverage reduced until a thirty (30) day written notice of cancellation has been served upon City
(except that the thirty day period may be reduced to ten days for nonpayment of premium.)
(5) Duties. Any failure by the named insured to comply with
reporting provisions of the policy or breaches or violations of warranties shall affect coverage
provided by City.
(b) The policy of insurance required by subsection 11. 1(e) shall be
endorsed as follows:
(i) Waiver of Subrogation. A waiver of subrogation will state
that the insurer waives all rights of subrogation against City.
(ii) Cancellation. The policy or policies shall not be canceled
or the overage reduced until a thirty (30) day written notice of cancellation has been served upon
City (except that the thirty day period may be reduced to ten days for nonpayment of premium).
Page 7 of 13
11.3 Evidence of Insurance. Company shall deliver either certified copies of
the required policies or Certificates of Insurance, as approved by City, evidencing the required
coverage and endorsements. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been renewed or extended shall
be filed with City. If such coverage is cancelled or reduced, Company shall, within ten (10) days
after receipt of written notice of such cancellation or reduction of coverage, file with City
evidence of insurance showing that the required insurance has been reinstated or has been
provided through another insurance company or companies.
11.4 Failure to Maintain Coverage. Company shall suspend and cease all
operations hereunder during any period of time as the required insurance coverage is not in effect
or evidence of insurance has not been furnished to City.
11.5 Acceptability of Insurers. Each policy required by this Agreement shall be
issued by a company or companies with a current A.M. Best's rating of no less than ANIII and
authorized to do business in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
11.6 Insurance for Authorized Representatives. Company's Authorized
Representatives shall be included as additional insureds under Company's policies, or Company
shall be responsible for causing Subcontractors to purchase the appropriate insurance in
compliance with the terms of this Agreement.
11.7 Self Insurance. Company may elect to self - insure as to either or both the
Commercial General Liability or Excess Liability insurance required in Sections 11.1(a) and (b)
respectively. Company may request City's permission to self - insure as to the remaining policies
required by Section 11. 1, and the City Manager shall have the sole discretion to grant such
requests. In any case where Company self - insures, it must provide City with a letter of self -
insurance for such coverage in lieu of a certificate of insurance.
Section 12. Damage to Pier. If the Pier, or any part thereof that Company is not
responsible for maintaining, is destroyed by fire or otherwise damaged so as to be unusable, and
the damage cannot be repaired within sixty (60) days after the date of the casualty, this
Agreement may, at the option of either City or Company, be immediately terminated on written
notice. If the Pier is closed due to such damage or the repair of such damage, the portion of the
Monthly Fee allocable to the landing rights shall be abated for the days that the Pier is closed,
and the portion of the Monthly Fee allocable to the parking facilities shall be abated for the days
that the Pier is closed to the extent that Company does not use the parking spaces.
Section 13. Termination by City.
13.1 This Agreement may be terminated by City in the event of any default by
Company in the payment of compensation to City, as specified hereunder, when such default
continues for a period of 10 days after written notice thereof, or in the event of any other default
by Company in the performance of its obligations hereunder, when such default continues for a
period of 30 days after written notice thereof.
Page 8 of 13
Section 14. Nonassignability. Company may not assign this Agreement without first
obtaining the written consent of City, which consent may not be unreasonably withheld;
provided, however, that Company may assign this Agreement to any subsidiary, affiliate or party
or entity acquiring fifty percent (50 %) or more of Company's assets associated with Company's
Platforms Esther, Eva and Edith.
Section 15. Subject to Tidelands Lease and Operating Agreement. This Agreement is
subject and subordinate to the provisions of the Tidelands Lease and the Operating Agreement.
Company shall not take any action which would cause City to be in violation of any Provisions
of the Tidelands Lease or the Operating Agreement. If either the Tidelands Lease or the
Operating Agreement terminates and this Agreement terminates as a result of such termination,
the Parties shall be released from all liabilities and obligations under this Agreement.
Section 16. Notices. Any notice, demand, request, consent, approval or
communication that either Party desires or is required to give to the other Party shall be in
writing and shall be deemed given as of the time of hand delivery to the addresses set forth
below, or three (3) days after deposit into the United States mail, postage prepaid, by registered
or certified mail, return receipt requested. Unless notice of a different address has been given in
accordance with this section, all such notices shall be addressed as follows:
If to City, to: City of Seal Beach
211 Eighth Street
Seal Beach, California 90740
Attn: City Manager
If to Company, to: DCOR, LLC
290 Maple Court, Suite 290
Ventura, California 93003
Attn: Legal Department
Section 17. Personnel; Licenses and Permits.
17.1 Company has or shall secure, at its own expense, all personnel required to
perform all services under this Agreement. Any person who performs any of the services shall
possess the qualifications, permits, and licenses required by state and local law to perform such
services, including but expressly not limited to a City of Seal Beach business license.
17.2 All Authorized Representatives of Company shall be required to pay for
parking to park in City parking lots at the regular rate charged to members of the public,
including purchase of monthly overnight parking for $300, or as such rate may be adjusted by
City from time to time in its sole discretion, whenever the number of used parking spaces as
authorized in Section 2.2 is exceeded. Company shall not be liable for payment of such parking
fees.
Page 9 of 13
Section 18. Prohibited Interests, Conflict of Interest.
18.1. Company covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the services, or which would conflict in
any manner with the performance of the services. Company further covenants that, in
performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Company shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the services. Company shall not accept any employment
or representation during the term of this Agreement which is or may likely make Company
"financially interested" (as provided in California Government Code §§ 1090 and 87100) in any
decision made by City on any matter in connection with which Company has been retained.
18.2 Company further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for Company,
to solicit or obtain this Agreement. Nor has Company paid or agreed to pay any person or entity,
other than a bona fide employee working exclusively for Company, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this Agreement. Upon
any breach or violation of this warranty, City shall have the right, at its sole and absolute
discretion, to terminate this Agreement without further liability, or to deduct from any sums
payable to Company hereunder the full amount or value of any such fee, commission,
percentage, or gift.
18.3 Company warrants and maintains that it has no knowledge that any officer
or employee of City has any interest, whether contractual, non - contractual, financial, proprietary,
or otherwise, in this transaction or in the Company, and that if any such interest comes to the
knowledge of Company at any time during the term of this Agreement, Company shall
immediately make a complete, written disclosure of such interest to City, even if such interest
would not be deemed a prohibited "conflict of interest" under applicable laws as described in this
subsection.
Section 19. Miscellaneous.
19.1 Governing Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of California.
19.2. No Third Party Rights. No third party shall be deemed to have any rights
hereunder against either party as a result of this Agreement.
19.3 Waiver. The waiver by City or Company of any breach by the other Party
of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such
term, covenant, or condition herein contained. The subsequent acceptance of fees hereunder by
City shall not be deemed to be a waiver of any preceding breach by Company of any term,
covenant, or condition of this Agreement, other than the failure to pay the particular fees so
accepted, regardless of City's knowledge of such preceding breach at the time of acceptance of
such fees.
19.4 Time of Essence. Time is of the essence with respect to the performance
of every provision of this Agreement in which time of performance is a factor.
Page 10 of 13
19.5 Gender: Number. The neuter gender includes the feminine and masculine,
the masculine includes the feminine and neuter, and the feminine includes the neuter, and each
includes corporation, partnership, or other legal entity whenever the context so requires. The
singular number includes the plural whenever the context so requires.
19.6 Entire Agreement: Modification. This Agreement contains the entire
agreement between the Parties regarding the subject matter hereof. No verbal agreement or
implied covenant shall be held to vary the provisions hereof, any statements, law or custom to
the contrary notwithstanding. No promise, representation, warranty or covenant not included in
this Agreement has been or is relied on by either Party. Each Party has relied on its own
inspection of the Pier and examination of this Agreement, the counsel of its own advisors, and
the warranties, representations, and covenants in this Agreement itself. The failure or refusal of
either Party to inspect the Pier, to read this Agreement or other documents, or to obtain legal or
other advice relevant to this transaction constitutes a waiver of any objection, contention, or
claim that might have been based on such reading, inspection or advice.
19.7 Severability. The invalidity or illegality of any provisions shall not affect
the remainder of this Agreement and all remaining provisions shall, notwithstanding any such
invalidity or illegality, continue in full force or effect.
19.8 Successors. Subject to the provisions of this Agreement on assignment,
each and all of the covenants and conditions of this Agreement shall be binding on and shall
inure to the benefit of the successors and assigns of the respective Parties.
19.9 Attorneys' Fees. If either Party commences any legal, administrative, or
other action against the other Party arising out of or in conmection with this Agreement, the
prevailing party in such action shall be entitled to have and recover from the losing party all of
its attorneys' fees and other costs incurred in connection therewith.
19.10 Corporate Authority. The person executing this Agreement on behalf of
Company warrants that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, Company is formally bound to the provisions of this
Agreement.
19.11 City Authority. City represents and warrants that it has the authority to
enter into this Agreement with Compnany and that there are no agreements, statutes, regulations,
or matters of law that would prohibit City from entereing into this Agreement with Company.
19.12 Electricity to Boat Landing. City acknowledges that an integral factor in
Company's entering into this Agreement with the City and paying the fees and charges described
in Section 5 is Company having electricity provided to the Boat Landing by City. City agrees to
provide electricity to the Boat Landing at its expense during the term of this Agreement.
Notwithstanding the foregoing, City shall not be liable to Company for damages caused by a
power outage not caused by City, provided that City takes reasonable commercial efforts to
provide backup electrical power to the Boat Landing as soon as practicable.
Page 11 of 13
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH
[a
Attest:
M
Robin L. Roberts, City
Approved as to Form:
In
Craig A. Steele, City Attorney
By:
Name:
Page 12 of 13
DCOR, LLC
Z :Oe 7,�es �o
Alan Templeton 4
Manager
ACORO° CERTIFICATE OF LIABILITY INSURANCE
1.1 9/30/2018
DATE(MMIDD/YYYY)
9/28/2018
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 have ADDITIONAL INSURED provisions or he 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 LOCKTON COMPANIES
3657 BRIARPARK DRIVE, SUITE 700
Houston TX 77042
CONTACT
1110t., EXt : AIC No),
E -MAIL
ADDRESS,
AFFORDING INSURERISI COVERAGE
NAIC
INSURER A: 'Markel Intemauunal Immana Company Limited
I COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FX—] OCCUR
$ &A Pollution
INSURED DCOR, LLC
1453579 290 Maple Court
Suite 29O
Ventura CA 93003
INSURER 8: Berklev National Insurance Company
38911
INSURER C: Tri -State Insurance Company of Minnesota
31003
Signal Mutual Indemnity Association Ltd. INSURER p
1,000,000
DAMAGE TO RENTED
PREMISES Ea cmunence
NSURER F
X
COVFRAGFA CERTIFICATE NHMRER- 19644141 REVISION NUMBER: XXXXXXX
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
AIOSL
SUBR
POLICY NUMBER
POLICY EFF
POLICY fYy
LIMITS
A
X
I COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FX—] OCCUR
$ &A Pollution
Y
Y
JCGLI00668
1/1/2018
1/1/2019
EACH OCCURRENCE
1,000,000
DAMAGE TO RENTED
PREMISES Ea cmunence
100,000
X
MED EXP (Any one pemon
5 OOO
PERSONAL 8 ADV INJURY
$ 1,000,000
GENL AGGREGATE LIMIT APPLIES PER
X POLICY JECT LOC
OTHER.
GENE RAL AGGREGATE
$ 2,000,000
PRODUCTS -COMPIOPAGG
S 2,000,000
$
B
AUTOMOBILELIABILITY
ANY AUTO
AUTOS
AUTOSONLV MSCHIDUUED .O
AUTOS ONLY AUT ONLY
Y
Y
ECA3102280 -16
1/112018
1/12019
OMBBINEDtSINGLE LIMIT
Ea awden
$ 1 OOO OOO
X
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY(Per accident
S XXXXXXX
X
Per awde DAMAGE
$ XXXXXXX
IS XXXXXXX
A
X
UMBRELLA LMB
EXCESS LIAR
XOCCUR
CIAIMS -MADE
Y
Y
JUMB100573
1/1/2018
1/1/2019
EACH OCCURRENCE
83000000
AGGREGATE
s 31000,000
DED X RETENTION 525,000
E XXXXXXX
C
D
WORKERS COMPENSATION
AND EMPLOYERTLABILRY
ANY PROPRIETOPoPARTNEWExECUTIVE YIN
OFFICER/MEMBER EXCLUDED?
(Myandatory In Nat
DESCRIPTION OF OPERATIONS Eelm
NIA
Y
EWC3102278 -16
44800 -USL&H
1/1/2018
9/30/2017
111/2019
9/30/2018
PER OTi
X STATUTE T
EL EACH ACCIDENT
§ 11000,000
EL DISEASE - EA EMPLOYEE
1
1000000
E.L DISEASE - POLICY LIMIT
A 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, my be attached K more space Is required)
All policies (except Workers' Compensation /EL) contain a special endorsement with "primary and noncontributory" wording.
15644141
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIUCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only if more space Is required)
All policies (except Workers' Compensation/EL) include a blanket automatic additional insured [provision] that
confers additional insured status to the certificate holder only if there is a written contract between the named
insured and the certificate holder that requires the named insured to name the certificate holder as an additional
insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder
is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation
endorsement [provision] that provides this feature only when there is a written contract between the named insured
and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the
named insured, the waiver of subrogation feature does not apply. All policies include a blanket notice of
cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is cancelled
by the company other than for nonpayment of premium, 10 days' notice if the policy is cancelled for nonpayment of
premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The
endorsement does not provide for notice of cancellation if the named insured requests cancellation.
ACORD 25 (2016 103) Certificate Holder ID: 15644141