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HomeMy WebLinkAboutAGMT - DCOR LLC (Pier and Parking License Agreement) FIRST AMENDMENT OF PIER AND PARKING LICENSE AGREEMENT Whereas,the City of Seal Beach("City"),and DCOR LLC("Company") entered into that certain Pier and Parking License Agreement(the"Agreement")with an Effective Date of October 1, 2018, granting a license to Company for landing rights on the Seal Beach Fishing Pier (the "Pier") and vehicle parking privileges in the adjacent City 10th Street Parking facilities; Whereas,since the expiration of the Agreement,the parties have maintained the Agreement in effect on a month-to-month basis by mutual agreement while an extension was negotiated and drafted, and Company has been compliant with the terms of the Agreement; and Whereas, City and Company desire to renew and extend the Agreement on the terms set forth below. Now, therefore, in consideration of the premises, the mutual promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agreement is hereby confirmed, adopted, ratified, renewed, extended, and amended as provided for hereinbelow. Section 3. is deleted in its entirety and replaced with the following: The term of this Agreement shall commence as of the Effective Date and continue for six (6)years,and shall terminate at midnight on September 30,2030, unless sooner terminated or extended as herein provided. Upon mutual agreement of the Parties, either Party may extend the term of this Agreement for five(5)years by giving notice of its desire to extend to the other Party not less than ninety(90)days prior to the end of the term or any individual extension period. Should a Party desire to extend the term of this Agreement as provided for herein,the other Party shall not unreasonably withhold its agreement to same. Section 5.1. is deleted in its entirety and replaced with the following: Monthly Fee. Company shall pay to City as the monthly fee("Monthly Fee")for the right granted under this Agreement, without deduction, setoff, prior notice, or demand, the sum of$13,500.00 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 Effective Date and continuing during the term. All Monthly Fees shall be paid to City at the address to which notices to City are given. Section 13. is modified to include the following after 13.1: 13.2 This Agreement may be terminated by Company for any reason or no reason at all by Company giving City six (6) months advance written notice. In the event Company should terminate this Agreement pursuant to this Section, Company shall remain obligated to pay the Monthly Fee and/or any other expenses or fees accrued under the Agreement for the calendar year in which the Agreement terminates. Except as amended hereby, all other conditions and provisions of the Agreement shall remain unchanged and in full force and effect. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Pier and Parking License Agreement. In witness whereof,the Parties hereto,through their respective authorized representatives, have executed this First Amendment of Pier and Parking License Agreement as of August 1,2024 (the"Effective Date"). CITY OF SEAL BEACH DCOR LLC 4f% ))1 By: 1 R. Ingram By: Alan C. Te eton Title: City Manager Title: Manager Attest: toki By: Glo'ia Harp'r,CMC Title: City Clerk Approved as to F By: Nicholas R. Ghirelli Title: City Attorney Account #and Status Business Name and Information Contact Information 14204115 PARKING/LANDING/BL DCOR. LLC Owners/Officers DAVID MCDERMOTT,LEGAL COUNCEL.(805)535- Business Status: Active Eu_ne,s Address: PLATFORM ESTHER SEAL 2073 Start Date: 5/V2005 BEACH,CA 90740 DMCDERMOTTuDCORLLC.COM End Date: Location: Inside Location Type: Commercial DAVID MCDERMOTT,ATTORNEY AT LAW/SENIOR License Status: Current COUNSEL.(805)535-2073 Issue Date: 7/V2024 1000 TOWN CENTER DR Mailing Address: STE 600 OXNARD,CA JEFFREY WARREN.VP LAND&LEGAL/OIL Expire Date: 6/30/2025 93036-1132 PRODUCTION.(805)535-2000 Balance Due: 0 Own ership Type: LLC State License# (805)535-2073.(805)535- Emergency Contacts Phone Number: Alarm Company State License 2073 Type: Fax Number: State License Email: areynolds .dcorllc.com Status: Website: State License Exp Date: Geo Areas: Other Info: Account Notes License Description: OIL&GAS PRODUCTION Business Type: MANUFACTURING Rate Type: STD-General Business 33999-All Other NAICS: Miscellaneous • Manufacturing 1311001-Crude Petroleum SIC: And Natural Gas CORO®A C CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/1/2025 9/24/2024 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 Lockton Companies,LLC CONTNAME: ACT 3657 BRIARPARK DRIVE,SUITE 700 PHONE -- FAX Houston TX 77042 E-MAILNo,Ext): (AK,No): ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:Underwriters at Lloyds of London 15792_ INSURED DCOR,LLC INSURER B:Berkley Regional Insurance Company 29580 1346569 Crescent Resources,LLC INSURER C:Signal Mutual Indemnity Association Ltd. Dos Cuadras Offshore Resources,LLC INSURER D: 1000 Town Center Drive Suite 600 INSURER E: Oxnard CA 03036 INSURER F: COVERAGES CERTIFICATE NUMBER: 11060870 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (NMIDO/YYYY) (MM/DD/YYYY) ITS A X CONMERCIALGENERAL LABILITY Y Y GL315860s 1/1/2024 1/1/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(EaENTE occur ence) $ 1,000,000 X _S&A Pollution MED EXP(Any one person) f 100,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: , GENERAL AGGREGATE f 2,000,000 X POLICY I JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY y y 1 ECA 3102280-22 1/1/2024 1/1/2025 tEa act IdeV INGLE LIMIT s 1,000,000 x ANY AUTO 1 BODILY INJURY(Per person) f XXXXXXX OWNED — AUTOS ONLY AUTOSULED 1 BODILY INJURY(Per accident) $ )(JQQ}(�(�( X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) SXXXXXXX A X UMBRELLA Lu►s X OCCUR N N GL315870s($5M) 1/1/2024 1/1/2025 EACH OCCURRENCE s 25,000,000 A X EXCESS UAB CLAIMS-MADE GL315880s($20xs$5) 1/1/2024 1/1/2025 AGGREGATE $ 25,000,000 DED RETENTION S f XXXXXXX WORKERS COMPENSATION B AND EMPLOYERS'LIABILITY Y EWC 3102278-22 1/1/2024 1/1/2025 X STATUTE ERH C ANY PROPRIETOR/PARTNER/EXECUTIVE II/N 4862-USL&H 10/1/2024 10/1/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT f 1,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Please See Attached For Further Detailed Information. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11060870 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Page 2 of 2 City of Seal Beach Is Included As An Additional Insured For Commercial General Liability And Automobile Liability, When Required By Written Contract, But Is Limited To Liability Arising Out Of The Operations Of The Named Insured Under Said Contract, And Always Subject To The Policy Terms, Conditions And Exclusions. Waiver Of Subrogation Is Granted In Favor Of City Of Seal Beach For Commercial General Liability, Automobile Liability, and Workers' Compensation, When Required By Written Contract, But Limited To Liability Arising Out Of The Operations Of The Named Insured Under Said Contract, And Always Subject To The Policies' Terms, Conditions, And Exclusions. Insurance Is Primary And Non-contributory For Commercial General Liability And Automobile Liability As Regards To The Additional Insured Coverage Extended To The City Of Seal Beach, When Required By Written Contract, But Is Limited To Liability Arising Out Of The Operations Of The Named Insured Under Said Contract, And Always Subject To The Policy Terms, Conditions, And Exclusions. Miscellaneous Attachment:M461731 Certificate ID: 11060870