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HomeMy WebLinkAboutAGMT - Seal Beach Swim Club (Facility License Agmt Swim Team Renting McGaugh Pool)FACILITY LICENSE AGREEMENT between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 U Seal Beach Swim Club P.O. Box 605 Seal Beach, CA 90740 (562) 430-1092 This Facility License Agreement ("Agreement") is made as of July 1, 2022 (the "Effective Date") by and between the City of Seal Beach, a California charter city ("City"), and Seal Beach Swim Club ("Licensee"), a Not for Profit USA Swimming swim team. City and Licensee are referred to herein collectively as the "Parties" and each individually as a "Party." 1 of 8 RECITALS 1. City operates the pool at McGaugh Elementary School, located at 1698 Bolsa Avenue, Seal Beach ("McGaugh Pool"), pursuant to a joint use agreement with the Los Alamitos Unified School District ("School District"). 2. Licensee wishes to use the McGaugh Pool for recreational purposes. NOW, THEREFORE, CITY AND LICENSEE AGREE AS FOLLOWS: AGREEMENT Section 1. Grant of License 1.1 City grants to Licensee a license to use the McGaugh Pool (hereinafter the "Premises") subject to the terms and conditions of this Agreement. Licensee shall not use the Premises in any manner contrary to or inconsistent with the terms of this Agreement without City's prior written consent. 1.2 No Leasehold. No legal title or leasehold interest in the Premises is created or vested in Licensee by the grant of this License. Section 2. Consideration 2.1 Facility License Fee. Licensee shall pay City a facility license fee of $1320 per month, for use of the Premises in accordance with the Schedule of Use set forth in Exhibit A to this Agreement, which is attached hereto and incorporated by this reference (hereinafter the "Schedule of Use"). Licensee shall pay the facility license fee in advance before the 1st day of the month. 2.2 Licensee shall pay the City's standard and customary use fees to use the Premises at anytime outside the Schedule of Use. Section 3. Term and Termination 3.1 The operating term of this Agreement shall begin as of the Effective Date and continue until terminated as provided in this Agreement. 3.2 Either Party may terminate this Agreement without cause by giving 30 days written notice to the other Party. 3.3 City may terminate this Agreement upon 10 days' notice to Licensee if Licensee fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 2 of 8 Section 4. Relationship of the Parties 4.1 The only relationship created by this Agreement is of that of licensor and licensee. Neither City nor any of its officers, employees, or agents shall have control over the means of service or means of production of Licensee or any of its officers or agents, or employees acting within the scope of employment by Licensee. Licensee is solely responsible for all aspects of its programs and operations including, without limitation, its use of the Premises. Licensee shall not, at any time or in any manner, represent that it or any of its officers, agents, or employees are in any manner agents or employees of City acting within the scope of employment by City. Section 5. Use of Premises 5.1 Schedule of Use. Licensee's license to use the Premises is limited to the days, times, and portions of the Premises set forth in the Schedule Use. City reserves the right to use, sublease, or license the Premises to third parties, so long as such third party use, sublease, or license does not conflict with Licensee's use of the Premises according to the Schedule of Use. Licensee is aware and acknowledges that the Schedule of Use is subject to change to meet the scheduling and maintenance needs of the School District and agrees to indemnify and hold City harmless for any such changes to the Schedule of Use. Licensee may request to use the Premises outside the Schedule of Use, subject to City's approval. 5.2 Licensee Personnel. All Licensee employees shall be fingerprinted through Lifescan, at the sole expense of Licensee. 5.3 Lifeguards on Duty. Licensee must at all times while it uses the Premises provide one lifeguard on duty when it is using the Premises in accordance with the Schedule of Use. Every lifeguard provided by Licensee must have a current lifeguard certification from the American Red Cross or have successfully completed USA Swimming's Safety Training for Swim Coaches. Prior to any person acting as a lifeguard, Licensee must deliver a copy of that person's certification to the City's Marine Safety Chief. 5.4 Equipment Storage on the pool deck is allowed with an approved container. Equipment must be properly stored when not using the premises pursuant to this Agreement. The Marine Safety Chief will approve containers. 5.5. Cleaning the Premises. Licensee must leave the Premises in a neat and orderly condition after every use, which shall include but not be limited to cleaning the pool deck and picking up and removing all trash. 5.6 No Unlawful Uses. Licensee shall only be permitted to use the Premises for recreational, wellness, and educational opportunities for youth and Licensee shall not use the Premises for any immoral or unlawful purpose. 5.7 Preservation of Insurance. Licensee shall not commit any acts on the Premises, nor use the Premises in any manner that will cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. 3 of 8 5.8 No Waste or Nuisance. Licensee shall not commit any waste or any public or private nuisance upon the Premises. 5.9 Legal Compliance. Licensee shall not violate any law, rule, or order of any federal, state, or municipal government or agency that may be applicable to use of the Premises. 5.10 Vacating Premises. On or before the effective date of termination of this License, Licensee shall vacate the Premises, remove all of Licensee's personal property from the Premises, and leave the Premises in good order and repair, subject to the satisfaction of City. Section 6. Indemnity, Hold Harmless, and Duty to Defend 6.1 Licensee shall defend, indemnify, and hold the City, the School District, and their respective officials, officers, employees, volunteers and agents serving as independent contractors in the role of City or School District officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, judgments, penalties, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Licensee, its officers, agents, contractors, employees, guests, or invitees in connection with the performance of this Agreement or use of the Premises, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City or School District. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Licensee shall defend Indemnitees with counsel reasonably satisfactory to Indemnitees, at Licensee's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Licensee shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensee or Indemnitees. All duties of Licensee under this Section shall survive termination of this Agreement. Section 7. Insurance 7.1 Licensee shall not commence any use of the Premises until it has provided evidence satisfactory to the City that Licensee has secured all insurance required under this Section. Licensee shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before use of the Premises commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 7.2. Licensee shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the use of the Premises. Insurance is to be placed with insurers 4of8 with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Licensee shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 7.3. The insurance policies shall contain the following provisions, or Licensee shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced, or canceled without 30 -days prior written notice to City by certified mail, return receipt requested; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Licensee's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Licensee's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Licensee, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be - covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Licensee or for which the Licensee is responsible. 7.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 7.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Licensee guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Licensee shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. Section S. Notices 8.1 All notices and demands that may be required or permitted by this Agreement must be made in writing. All notices and demands must be sent by national overnight delivery 5 of 8 service (e.g., Federal Express) or certified U.S. mail, return receipt requested, to the addresses specified below, or to any other place that the respective party may from time to time designate in a notice to the other. If to City: City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attn: City Manager If to Licensee: Seal Beach Swim Club P.O Box 605 Seal Beach, CA 90740 Attn: Maria Fattal 8.2 Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Section 9. Miscellany 9.1 Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any other purported agreement made shall be ineffective to change, modify, discharge, or effect an abandonment of this Agreement in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought. 9.2 Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. 9.3 Counterparts. This Agreement may be executed in multiple counterparts each of which shall be deemed an original for all purposes. 9.4 Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 9.5 No Third Party Rights. No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 9.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 9.7 Assignment Prohibited. This Agreement is personal to Licensee and shall not be transferred or assigned. Any attempt by Licensee to transfer or assign this Agreement shall result in its automatic termination. 6 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF SEAL BEACH By: - P (P-, %-ayioam Ji R. Ingram, City M na er ATTFIST- APPROVED AS TO FO BY: Craig A. Steele, City Attorney SEAL BEACH SWIM CLUB Name:'^ 1� �-- Title: Name: Title: 7 of 8 Exhibit A Schedule of Use • Six lap swimming lanes will be reserved for the exclusive use of the Seal Beach Swim Club, Monday through Thursday of every week, from 4:00 pm to 5:30 pm. • Use of the pool by the Seal Beach Swim Club at any other time is not included in this Schedule of Use and will require separate advance approval by City and payment of additional fees. 8 of 8 RESOLUTION 7298 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A FACILITY LICENSE AGREEMENT WITH THE SEAL BEACH SWIM CLUB REGARDING USE OF THE MCGAUGH POOL THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council hereby approves that Facility License Agreement dated July 1, 2022 between the City of Seal Beach and the Seal Beach Swim Club regarding the use of the McGaugh pool. SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Facility Lease Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 13th day of June, 2022 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe almick, Mayor ATTEST: Dana Engstrom, Acting City C STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Dana Engstrom, Acting City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7298 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 13th day of June, 2022. 12 Dana Engstrom, Acting City Clerk A�C40R�® `.I CERTIFICATE OF LIABILITY INSURANCE (MM/OD/YYYY) F!�/2912022 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 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 Insurance Office of AmericaPHONE 200 Broad Street, SW, Suite 100 Gainesville GA 30501 CONTACT NAME: FAX c No Ext): 678-919-1150 Arc No): 678 450-9180 ADDRIESS: usascoi@ioausa.com INSURERS AFFORDING COVERAGE NAIC # 1 -TPM -IN -17-01269001-00 INSURERA: Accredited Surety & Cas Co Inc 26379 1/1/2023 INSURED USASVVIM-01 USA Swimming, Inc. dba USA Swimming; USA Swimming Foundation, and USA Swimming Local Swimming INSURER B . INSURERC: Committees & Member Clubs INSURERD: INSURER E: 1 Olympic Plaza Colorado Springs CO 80909-5780 INSURER F f_rN/PRAGPS CFRTIFICATF KIUMRFR-14R1n97414 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 1 -TPM -IN -17-01269001-00 1/1/2022 1/1/2023 EACH OCCURRENCE $2,000,000 CLAIMS -MADE I 11� I OCCUR DAMAG PREM SESOEa occur rrence $ 2,000,000 MED EXP (Any one person) $ 5,000 PERSONAL &'ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG._ $2,000,000 POLICY ❑ PRO F-1 LOC JECT RX OTHER: Event Abuse/Molestation $ 2,000,000 AUTOMOBILE LIABILITY CND LIMIT $ O BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident A UMBRELLALIAB X OCCUR Y Y 1 -TPM -IN -17-01269002-00 1/1/2022 1/1/2023 EACH OCCURRENCE $3,000,000 AGGREGATE $ 3,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION H _ STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Verification of General Liability and Excess Liability coverage for COVERED ACTIVITIES: Abuse and Molestation Aggregate on the General Liability policy is $4,000,000. Medical Expense Coverage applies to Office Premises and Event Spectators only. General Liability policy includes a 30 Day Notice of Cancellation per policy provisions. Other Insureds includes the following: USA Swimming, Inc. member clubs, in which all athletes or participants and coaches are members of USA Swimming, Inc., group members, volunteers and "member coaches" solely as respects to "bodily injury" and "property damage" arising from "covered activities" for which a group member has received approval from USA Swimming, Inc. or its authorized representative. See Attached... -r­^A�unr noo CANCELLATIONV CR M-IIiMIG rlvLvt-� U i988--2Oi5 ACUKLJ 6UKrUKP1I IUIY. Hu nyma rCaCrvCU- ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE t THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach AUTHORIZED REPRESENTATIVE 211 Eighth St Seal Beach CA 90740 �! ��ih;A �ltT�ca- Y -J U i988--2Oi5 ACUKLJ 6UKrUKP1I IUIY. Hu nyma rCaCrvCU- ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: USASWIM-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Insurance Office of America USA Swimming, Inc, dba USA Swimming; USA Swimming Foundation, and USA Swimming Local Swimming Committees & Member Clubs POLICY NUMBER 1 Olympic Plaza Colorado Springs CO 80909-5780 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Activities )ect to USA Swimming member clubs, group members, member coaches, volunteers and additional'insured �ssors of premises, sponsors and co -promoters, "Covered Activities" are defined as: 1. Swimming meets that have been issued a written sanction or approval. Approval means a permit issued by one to the USA Swimming, Inc. Local Swimming Committees for swimming meets conducted in conformance with USA Swimming, Inc. technical rules in which members and non-members may compete. USA Swimming, Inc. member clubs that either host or participate in a swimming meet that has been issued an approval will be considered an insured provided that all of its athletes.or participants and coaches are members of USA Swimming, Inc. 2. Swimming practices, dry land training activities, camps and learn to swim programs where all swimmers or participants are members of USA Swimming, Inc. or U.S. Masters Swimming and are conducted under direct and active supervision of a member coach. Dry land training activities means weight training, running calisthenics, exercise machine training, and any other activity for which an insured has received approval from USA Swimming, Inc. or its authorized representative. 13. USA Swimming, Inc., Swim-A-Thons, fundraising activity which clubs can purchase for lap-a-thons. Approved social events and approved fundraising activities that are social events and activities for which an insured has ;eived approval from USA Swimming, Inc. or its authorized representative. Swimming tryouts. Swimming tryouts means swimming practices where a swimmer(s) who is not and how has never en a member of USA Swimming, Inc. participates with a USA Swimming, Inc. club for a period not to exceed thirty nsecutive days in a twelve-month period to determine the swimmer's interest in becoming a member of USA rimming, Inc. 6. Office premises liability for member clubs and LSCs. 7. STSC, CPR and Lifeguard Certifications of USA Swimming member coaches done by USA Swimming member coaches that are member representatives of one of the approved agencies listed on the USA Swimming STSC In -Water Skills Checklist. 8. "Organized practices" that have been reported and a premium has been paid for. Organized practices are defined as recreation league meets hosted by USA member clubs with community teams that are not USA Swimming member clubs. The Certificate Holder is included as an Additional Insured on a Primary and Non -Contributory baisis as required by written agreement. A Waiver of Subrogation also applies in favor of the Additional Insured as required by written agreement. Club: Seal Beach Swim Club _. W"u IV I k'Luuolu 1► (9 ZUU8 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1 -TPM -IN -17-01269001-00 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT, AGREEMENT OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED. Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 insurance 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not, seek contribution from any other insurance available to the additional insured. CG 20 01 1219 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 1 -TPM -IN -17-01269001-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Gloria Harper From: Chris Pierce Sent Thursday, August 18, 2022 11:48 AM To: Gloria Harper Cc: Joe Bailey Subject Exclusions for Shore Aquatics and Seal Beach Swim Club Contracts Hi Gloria, This email is to make clarifications to the contracts for Seal Beach Swim Club and Shore Aquatics. Due to the nature of these programs, Automobile Insurance and Professional Liability Insurance are not required to fulfill these contracts. If there are any further questions, please contact me or Chief Bailey at any time. Respectfully, Christopher Pierce, Marine Safety Lieutenant City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1201 Desk (562) 430-2613 Dispatch 44r C?t0O5�^C#uIu?Y J