HomeMy WebLinkAboutAGMT - Beaches of Southern Ca BEACHES OF
SOUTHERN CALIFORNIA
COALITION
AND
CHEVROLET MOTOR DIVISION,
GENERAL MOTORS CORP.
LIFEGUARD VEHICLE
SPONSORSHIP AGREEMENT
2003
r
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Table of Contents
I. Definitions 3
11. Grant of Rights 4
III. Grant of License 7
IV. Sponsor's Obligations 9
V. Consideration 9
VI. Term and Extension of Rights 11
VII. Rights and Obligations of STATE 11
VIII. Hold Harmless 12
IX. Insurance 13
X. Force Majeure 14
XI. Default and /or Termination 14
XII. Waiver 15
XIII. Notices 15
XIV. Assignment 17
XV. Compliance with law 17
XVI. Severability of Provisions 17
XVII. No Joint Venture 17
XVIII. Disputes 17
XIX. Execution in Counterparts 17
XX. Entire Agreement 17
i
Exhibit 1 20
Exhibit 2 21
Exhibit 3 22
Exhibit 4 23
Exhibit 5 29
ii
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
AGREEMENT NO. 001
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
BY AND BETWEEN CHEVROLET MOTOR DIVISION,
GENERAL MOTORS CORPORATION, a
Delaware Corporation, hereinafter referred
to as "SPONSOR"
AND CITIES of Seal Beach, Newport Beach,
Laguna Beach, Solana Beach, Oceanside,
Imperial Beach, Encinitas, and San
Clemente, all municipal corporations or
general law cities, hereinafter collectively
referred to as "CITIES"
AND ORANGE COUNTY, specifically the Public
Facility Resource Department, a political
subdivision of the State of California,
hereinafter referred to as "ORANGE
COUNTY ";
AND STATE OF CALIFORNIA, specifically
through the Department of Parks and
Recreation, limited to its Orange Coast
District hereinafter referred to as "STATE."
RECITALS
WHEREAS, CITIES, ORANGE COUNTY and STATE are responsible for the
management of coastline within Orange and San Diego Counties;
WHEREAS, CITIES ORANGE COUNTY AND STATE desire to obtain income or goods
by selling rights on an exclusive basis within distinct categories of goods and services;
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
WHEREAS, CITIES, ORANGE COUNTY and STATE are members of the BEACHES
OF SOUTHERN CALIFORNIA COALITION ( "Coalition "), a coalition of public entities
formed to jointly negotiate marketing agreements utilizing the expertise of STATE acting
on behalf of the Coalition;
WHEREAS, SPONSOR desires to obtain the exclusive rights to provide and display
sponsorship identification on lifeguard vehicles being used in Orange County and San
Diego county beaches;
WHEREAS, SPONSOR also desires the right to purchase the exclusive rights to
advertise, sponsor events, and promote itself, as the "Official Marine Safety Vehicle
Sponsor of the Beaches of Southern California Coalition ";
WHEREAS, STATE is authorized by the provisions of the Public Resources Code
Sections 5009.1, 5009.2, and 5009.3 to enter into donor and sponsorship agreements
and license the use of its logo(s) on Orange Coast Beaches that are owned or operated
by the State of California;
WHEREAS, ORANGE COUNTY is authorized by the provisions of the Codified
Ordinance of the County of Orange Division 5, Section 2 -5 -127 to sell the right(s) to
advertise on Beaches of Southern Califomia that are owned or operated by the County
of Orange;
•
WHEREAS, CITY of IMPERIAL BEACH is authorized by the provisions of Article XI,
Section 7 of the California Constitution and Government Code Sections 37350 and
37351 to sell the right(s) to advertise on Beaches of Southern California that are owned
or operated by the City of Imperial Beach;
WHEREAS, CITY of NEWPORT BEACH is authorized by the provisions of Article XI,
Section 7 of the California Constitution and Government Code Sections 37350 and
37351 to sell the right(s) to advertise on Beaches of Southern California that are owned
or operated by the City of Newport Beach;
WHEREAS, CITY of SAN CLEMENTE is authorized by the provisions of Article XI,
Section 7 of the California Constitution and Government Code Sections 37350 and
37351 to sell the right(s) to advertise on Beaches of Southern California that are owned
or operated by the City of San Clemente;
WHEREAS, CITY of SEAL BEACH is authorized by the provisions of Section 28 -2002
of the Seal Beach City Municipal Code to sell the right(s) to advertise on Beaches of
Southern California that are owned or operated by the City of Seal Beach; and
WHEREAS, the CITY of SOLANA BEACH is authorized by the provisions of Article XI,
Section 7 of the California Constitution and Government Code Sections 37350 and
37351 to sell the right(s) to advertise on Beaches of Southern California that are owned
or operated by the City of Solana Beach.
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
IT IS THEREFORE agreed by and between the parties as follows:
Definitions
As used herein, the terms set forth below shall be defined as follows:
A. "Agreement Year" shall mean the 365 -day period beginning on the
Commencement Date or any subsequent 365 -day period commencing on
the expiration of a prior Agreement Year.
B. "Commencement Date" shall mean the date this Agreement is approved •
and fully executed by SPONSOR and STATE.
C. "Lifeguard Vehicle(s)" shall mean the Chevrolet vehicles as to which the
rights of possession and use are being granted hereunder to the Beaches
of Southern California Coalition and the individual Public Entity Parties
thereof.
D. "Logo(s)" shall mean any source - identifying symbol or seal in existence
belonging to any party hereto or to be developed by parties to this
Agreement as mutually agreed upon.
E. "Mark(s)" shall mean any word, name, trademark, service mark, copyright,
and other intellectual property owned by any of the parties hereto that has
merchandising capability or goodwill associated with or symbolized by the
Mark(s).
F. "Beaches of Southern California" shall mean those beaches within Orange
and San Diego Counties over which the Public Entity Parties have
cumulative operational authority.
G. "Premium(s)" shall mean any promotional article used for the purpose of
increasing the sales of particular products, including those of SPONSOR.
H. "Promotional Events" shall mean events conducted on the beach by the
SPONSOR.
I. "Public Entity Party(ies)" shall mean that individual member or those
members of the Beaches of Southern California Coalition participating in
this Lifeguard Vehicle Sponsorship Agreement.
J. "Special Events" shall mean events that are sponsored by the Public
Entity Parties on the Beaches of Southern California, except for the Public
Entity Parties of the Cities of Laguna Beach and Oceanside and the
County of Orange. Notwithstanding anything herein to the contrary, the
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
annual Ocean Festival in the City of San Clemente shall not be deemed a
"Special Event ".
K. "Safety Signage" shall mean permanent and semi - permanent signage
placed on the Beaches of Southern California for the purpose of educating
the public about the safe enjoyment of the beach.
L. "Sponsor Identification" shall mean that display on the 12" X 15" space on
the Lifeguard Vehicles mutually agreed to between the SPONSOR and
the Public Entity Parties.
11. Grant of Rights
Subject to the conditions set forth herein below and upon execution of the
Agreement by all the parties, the Public Entity Parties shall grant to SPONSOR
the following rights:
A. SPONSOR may advertise itself as the "Official Safety Vehicle
Sponsor of the Beaches of Southern California" and to be the SPONSOR
of the Beaches of Southern California Coalition within the "Motor Vehicles"
category.
B. During the term of this Agreement, Public Entity Parties will not conduct
nor participate in promotional activities with any other motor vehicle or
component parts manufacturers or distributors within the Beaches of
Southern California, which may conflict with the rights granted to
SPONSOR in this Agreement, without the prior written approval of
SPONSOR. Public Entity Parties further represent and warrant that no
other motor vehicle or component parts manufacturers or distributors will
participate in any way in the Special Events without the prior written
approval of SPONSOR.
This Agreement does not affect any events or activities at the Beaches of
Southern California, where such events or activities are sponsored or
organized by a third -party not affiliated with Public Entity Parties ("Third -
Party Event "). However, Public Entity Parties shall attempt to notify
SPONSOR thirty (30) days in advance of any such Third -Party Event or-as
soon as is practicable. Public Entity Parties shall use reasonable efforts to
arrange initial introductions between SPONSOR and any third -party
sponsor or organizer, not affiliated with SPONSOR, of any significant
commercial event and /or activity at the Beaches of Southern California, if
such third -party is not sponsored by an automotive company or has other
conflicting commitments known to Public Entity Parties.
C. The SPONSOR is granted the right to place "Official Marine Safety
Vehicle Sponsor of the Beaches of Southern California" decals /stickers on
the Lifeguard Vehicles provided by SPONSOR. The Public Entity Parties
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
will be allowed to place identification on the vehicles. However, the Public
Entity Parties must obtain SPONSOR's prior written approval before
placing any additional decals or stickers on the vehicles.
D. The SPONSOR is granted the right to produce and display Safety Signage
on those lifeguard towers and tide boards at the Beaches of Southern
California described in Exhibit 1. The Public Entity Parties are solely
responsible for the creation and the accuracy of all safety messages on
any Safety Signage. The number and type of sign placement is described
in Exhibit 1. Signage will be primarily safety information and may include
a small picture or Logo of SPONSOR's choice. The size of the Signage
and Logo are subject to the approval of individual Public Entity Parties.
SPONSOR is entitled to approximately'/ of Safety Signage space or
mutually agreed upon size. SPONSOR branding will not interfere with or
diminish the effectiveness of the Public Entity Party's safety message.
E. The SPONSOR is granted the right to preclude any Public Entity Party's
use of SPONSOR's Logo or Mark without prior approval, which approval
shall not be unreasonably withheld.
F. SPONSOR is granted the right to give to STATE and the Cities of Newport
Beach, Seal Beach, Solana Beach, and Imperial Beach a promotional
brochure, which each agree to include in a total of two (2) regular Public
Entity Parties mailings to. their respective employees during the term of
this Agreement.
G. SPONSOR is granted the right to host an annual meeting each year at an
appropriate Beaches of Southern California venue for General Motors
Corporation and its Orange County dealers to present to the fleet
managers of Public Entities Parties and their staff any new developments
related to vehicle models and maintenance. This meeting also may
include the test driving of vehicles. The Public Entity Parties will be
responsible for obtaining any appropriate permits for the test drive. The
time, date, and location of the meeting must be mutually agreeable to
SPONSOR and the Public Entity Party responsible for the selected venue;
however, the duration of the meeting shall not exceed twelve consecutive
hours. Rental permit fees will be waived for such meetings. However,
insurance, waivers and other standard permit requirements may be
imposed. SPONSOR will be responsible for all reimbursable expenses
incurred by the Public Entity Party in conjunction with hosting such
meetings, so long as the Public Entity Party obtains written approval from
SPONSOR before incurring any such expenses.
H. Each Public Entity Party will work with SPONSOR to produce a joint public
relations event consisting of a press release and one press conference at
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
the Beaches of Southern California with local media outlets to announce
commencement of the Agreement.
Special and Promotional Events:
1. To the extent that any of the Public Entity Parties, excluding the
Cities of Laguna Beach and Oceanside and the County of Orange,
conduct Special Events within the Beaches of Southem California
as to which sponsorship opportunities are made available by the
Public Entity Parties, the SPONSOR is granted the right to
advertise its "Official Marine Safety Vehicle Sponsor of the Beaches
of Southern Califomia" status in association with such Special
Events. Special Event sponsorship advertising is subject to prior
written approval by Public Entity Parties.
2. To the extent that the distribution /sale of Premiums is generally
allowed at Special Events, the SPONSOR is granted the right to
distribute and /or sell SPONSOR's Premiums in conjunction with
Special Events.
3. To the extent the following activities are allowed at Beaches of
Southern California through the existing permitting process of the
Public Entity Party(ies), and subject to standard special event
permitting conditions except otherwise applicable event fees:
a) The SPONSOR is granted the right to display vehicles,
merchandise, banners, cold air - filled balloons, and signage
at Special Events.
b) The SPONSOR is granted the right to erect tents at Special
Events.
c) The placement, size, and locations of above - mentioned
items will be mutually agreed upon by the SPONSOR and
the affected Public Entity Parties.
d) Insofar as within the Public Entity Parties' control, the
SPONSOR will be provided 12 tickets and 6 VIP parking
spots to all Special Events that require tickets.
4. The SPONSOR is granted the right to conduct up to two (2)
Promotional Events per year on each of the Beaches of Southern
California properties, excluding the City of Laguna Beach, subject
to the permitting procedures of the respective Public Entity
Party(ies). Normally applicable Special Event permit conditions
and requirements shall be applicable except all fees will be waived
for such Promotional Events. SPONSOR will be responsible for all
reimbursable expenses incurred by Public Entity Party(ies) in
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
conjunction with hosting such Promotional Events, so long as the
applicable Public Entity Party obtains written approval from
SPONSOR before incurring any such expenses.
5. The SPONSOR is granted the right to two (2) temporary product
display spaces (30' x 30') located in high traffic areas on each of
the Beaches of Southern California, or other mutually agreed -upon
locations, in conjunction with Promotional Events, subject to the
permitting procedures of the respective Public Entity Party(ies). All
fees will be waived for any such display. The displays may be
erected 48 hours prior to the commencement of the Promotional
Event and must be removed within 48 hours of the end of the
Promotional Event.
III. Grant of License
A. SPONSOR is granted a non - exclusive, non - assignable license to use
Public Entity Parties' Logos as specifically identified in Exhibit 2 hereto
(here and after "Logos "), created and owned by the respective Public
Entity Party, and that may be registered with the U.S. Patent and
Trademark Office on the principal register, in connection with the
advertising and promotion of the SPONSOR'S "Official Marine Safety
Vehicle Sponsor of the Beaches of Southern California" status as
authorized herein per the terms of this Agreement.
B. In connection with each use of any Logo, the SPONSOR shall identify the
respective Public Entity Party as the owner and, where applicable, will
indicate said ownership by designating the letter R in a circle after each
and every use.
C. Except as required by law or specifically authorized by this Agreement, no
other name, trademark, inscription, or designation whatsoever shall be
affixed to any goods or Premiums produced subject to this Agreement, .nor
shall same appear in any advertising or promotional material placed or
produced by SPONSOR in connection with such goods or Premiums.
Furthermore, other than the approved Logos, SPONSOR shall at no time
adopt or use, without prior written consent of Public Entity Parties, any
variation of Logos or any work or mark likely to be similar to or confused
with Logos.
D. The SPONSOR acknowledges the exclusive right, titles, and interest in
and to Logos by the respective Public Entity Parties. SPONSOR further
covenants that it shall not at any time challenge or contest the validity,
ownership, title, and registration of the Public Entity Parties in and to the
intellectual property or the validity of this Agreement. SPONSOR'S use of
Logos shall inure to the benefit of the Public Entity Parties.
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
E. If SPONSOR acquires any trade 'rights, trademarks, equities, titles, or
other rights in and to the Logos, by operation of law, usage, or otherwise,
SPONSOR shall assign and transfer upon the expiration of this
Agreement the same to Public Entity Parties without any consideration.
F. All rights not specifically conferred by this Agreement with regard to Logos
are reserved to the Public Entity Parties.
G. Each Public Entity Party, at its sole discretion, shall take whatever action it
deems advisable in connection with any unauthorized use of its Logo by a
third party. Each Public Entity Party shall bear the entire cost and
expense associated with any such action, and any recovery or
compensation that may be awarded or otherwise obtained as a result of
any such action shall belong to said Public Entity Party.
H. Public Entity Parties shall have the right to approve the quality of the
reproduction of Logos on any materials, including Premiums, as well as
the associational use or co- joining of such Logos with any event, cause, or
third party.
SPONSOR ACKNOWLEDGES AND AGREES THAT THERE ARE NO
WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS, OR
REPRESENTATIONS BY PUBLIC ENTITY PARTIES AS TO
MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR
IN FACT), ORAL OR WRITTEN WITH RESPECT TO LOGOS.
J. The SPONSOR understands that the rights granted herein with respect to
Logos specifically identified in Exhibit 2 hereto are limited to use in
connection with SPONSOR'S products and promotions as permitted by
this Agreement and do not extend to any other products, goods, or
services. Each and every such usage must first have written approval of
affected Public Entity Parties, which approval shall not be unreasonably
withheld.
K. In the event of termination or expiration of this Agreement, any and /or all
parties shall cease all use of the Logo(s) and Mark(s) of the other parties
as soon as practicable, but in any event within thirty (30) days, unless the
Logo(s) or Mark(s) have been placed in media requiring a longer lead
time, and, in such instance, no longer than ninety (90) days. Any and all
Premiums will be destroyed or provided at no cost to Public Entity Parties
where a Logo or Mark belonging to a Public Entity Party is featured on the
Premium.
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IV. Sponsor's Obligations
A. The SPONSOR agrees to submit to the respective affected Public Entity
Parties for their prior review and approval all Sponsor Identification,
advertising, promotional T.V. and radio commercials, or other display
material to be used by SPONSOR in connection with the Coalition and the
Public Entity Parties or in connection with SPONSOR's designation as the
"Official Marine Safety Vehicle Sponsor of the Beaches of Southern
California ". Such material shall be submitted not less than ten (10)
business days prior to its proposed release to the public. If the material is
not disapproved in writing within five (5) business days after receipt, it is
deemed approved.
B. The SPONSOR agrees that it will not cause or permit the Logo(s) and
Mark(s) licensed by and /or developed pursuant to this Agreement to be
used or exploited in any manner contrary to public morals, that violates
prevailing standards of good taste, or that reflects unfavorably upon the
good names, good will, reputation, and image, in whole or in part, of the
Coalition or any or all of the Public Entity Parties.
C. The SPONSOR agrees not to use any Premium in connection with the
rights herein granted unless prior written approval of such Premium has
been obtained from the Public Entity Parties, which approval shall not be
unreasonably withheld.
D. The manufacture of any Premium product using the Logo(s) or Mark(s)
must be first approved by the respective affected Public Entity Parties,
which approval shall not be unreasonably withheld.
E. If the SPONSOR desires to sell or distribute for sale any Premium bearing
the Logo(s) and /or Mark(s) of any Public Entity Party(ies), the pertinent
parties shall negotiate a separate licensing agreement.
F. No later than two (2) weeks prior to the date of any Special or Promotional
Event, the SPONSOR shall request, through the appropriate Public Entity
Party permit process, permission for the display of signage, banners, cold
air - filled balloons, and installation of tents, indicating when, where,
number, size, nature of material, proximity to other structures, and length
of time, for each and every Special and Promotional Event. In addition,
SPONSOR shall comply with standard permit conditions, including the
provision of insurance and waivers, applicable to the activity proposed.
V. Consideration
A. For the rights and benefits granted to SPONSOR herein, SPONSOR
agrees to deliver to the Public Entity Parties sixty -seven (67) new
Chevrolet vehicles as described in Exhibit 3 for use by the Public Entity
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
Parties' Lifeguard Divisions. The terms and conditions for the loan of
these Lifeguard Vehicles is as follows:
1. The Lifeguard Vehicles are and shall remain the property of
SPONSOR;
2. The Lifeguard Vehicles will be delivered for distribution within 60
days from the Commencement Date of the Agreement;
3. During the term of this Agreement and any extension, SPONSOR
may replace a portion of the Lifeguard Vehicles each year;
provided, however, that each Lifeguard Vehicle may be replaced no
more than once every three years. The timing of such vehicle
replacement and the determination of the vehicle to be replaced
shall be mutually agreed upon between the SPONSOR and the
applicable Public Entity Party, in an effort to enable the Public
Entity Party to appropriate the necessary resources for outfitting the
replacement vehicle;
4. Delivery of Lifeguard Vehicles shall be taken by the Public Entity
Parties at an authorized Chevrolet dealer within ten (10) miles of
the respective Public Entity Parties to be identified by the Public
Entity Party and approved by SPONSOR. The SPONSOR is not
liable for any reasonable and unavoidable delay beyond its control
in making the Lifeguard Vehicles available to the Public Entity
Parties;
5. Upon receipt of the Vehicle(s), Public Entity Parties will execute
and deliver to SPONSOR a copy of the Loan of Vehicle Terms and
Conditions and Vehicle Receipt, attached hereto and incorporated
as Exhibit 4.
B. If any of the Public Entity Parties fail to enact this agreement through
signature of the authorized representative, then all rights granted herein to
SPONSOR and all consideration granted herein by SPONSOR are
nullified in respect to that particular non - executing Public Entity Party.
C. If SPONSOR chooses to extend this Agreement according to the
provisions set forth in Section VI, Term and Extension of Rights, below,
replacement Lifeguard Vehicles shall be delivered within 60 days after the
commencement of the fourth Agreement Year. In exchange, Public Entity
Parties shall deliver to SPONSOR, at the designated Chevrolet dealer
locations after removal of safety equipment, all Lifeguard Vehicles then
currently in use and not purchased by Public Entity Parties.
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
VI. Term and Extension of Rights
A. This Agreement shall be deemed to begin on the Commencement Date
and shall continue for one (1) Agreement Year. SPONSOR shall have the
right to one (1) optional extension of three (3) additional Agreement Years
on the same terms set forth herein subject to the provisions concerning
termination set forth in Sections VI.0 and VII, below. SPONSOR shall
provide to the Public Entity Parties through STATE, at least One Hundred
Eighty (180) days prior to the expiration of this Agreement, written notice
as to whether SPONSOR will or will not exercise its one (1) optional
extension.
B. If the Coalition continues to desire Lifeguard Vehicle sponsorship
subsequent to termination of this Agreement, the Coalition shall give
SPONSOR the opportunity to negotiate a new Agreement. The Coalition,
through STATE, shall provide to SPONSOR, at least One Hundred Eighty
(180) days prior to the expiration of this Agreement, a written status report
as to the intentions and needs of the Coalition vis -a -vis Lifeguard Vehicle
sponsorship. SPONSOR shall advise the Coalition through STATE, at
least One Hundred Twenty (120) days prior to the expiration of this
Agreement, as to whether or not SPONSOR desires to negotiate a new
sponsorship agreement. If SPONSOR elects not to participate on the
terms of the proposal and the parties are unable to negotiate mutually
acceptable terms, then the Coalition shall be free to negotiate with others;
however, provided that within the first six months following the expiration
of this Agreement the Coalition shall not offer terms to others that are
materially different than those previously offered to SPONSOR without
first offering such different terms to SPONSOR.
C. Any party may terminate this Agreement effective as of December 31 of
any year by giving written notice to the others through STATE of the
termination prior to the immediately preceding July 1. Termination by one
Public Entity Party shall not impact other Public Entity Parties.
VII. Rights and Obligations of STATE
The parties hereto recognize that STATE has and continues to solicit and
negotiate proposals and agreements on behalf of the Coalition pursuant to the
Beaches of Southern California Coalition Agreement. As a result thereof, the
parties hereto recognize that STATE has the following rights and obligations.
A. STATE will assist Public Entity Parties in identifying the number and
model of the donated Lifeguard Vehicles for each Public Entity Party and,
thereafter, will assist in resolving distribution and promotion problems.
B. The Public Entity Parties shall pay a commission to STATE upon receipt
of Lifeguard Vehicles and on the anniversary of the Commencement Date
each year the Agreement is in force. The commission shall be equal to
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eight percent (8 %) of the annual lease value of the Lifeguard Vehicles
delivered to the respective Public Entity Parties as specified in Exhibit 5.
VIII. Hold Harmless
A. SPONSOR
1. SPONSOR hereby waives all claims and recourse against the
Coalition and the individual Public Entity Parties, as well as their
respective Supervisors, councils, council members, departments,
officials, agents, employees, successors and assigns, including the
right to contribution for loss or damage to persons or property
arising from, growing out of, or in any way connected with or
incident to SPONSOR's products, Premiums, and /or activities
under this Agreement, except claims arising from and to the extent
of the negligence of one or more of the Public Entity Parties,
including the Public Entity Party(ies)'s negligent use or possession
of any Lifeguard Vehicle, or other wrongful acts for which the Public
Entity Party(ies) is /are responsible under law.
2. SPONSOR shall protect, indemnify, hold harmless, and defend the
Public Entity Parties against any and all claims, demands,
obligations, causes of action, and lawsuits, and all damages, fines,
judgments, costs (including settlement costs), and expenses
associated therewith including the payment of reasonable attorneys
fees, court costs, litigation costs, consultant or expert fees, and
other expenses associated there with, arising out of, related to, or
resulting from the products, Premiums, and /or activities of
SPONSOR in connection with this Agreement, except for liability
arising out of and to the extent of the negligence of one or more of
the Public Entity Parties, their officers, agents, or employees,
including the negligent use or possession of any Lifeguard Vehicle,
or other wrongful acts for which the Public Entity Party(ies) is /are
responsible under law. SPONSOR's indemnification shall extend to
any claim of false or deceptive advertising and to the failure of
SPONSOR to comply with the terms and conditions of this
Agreement.
3. All new vehicle warranties shall remain in effect and SPONSOR
shall indemnify Public Entity Parties for all damages arising from a
manufacturing defect in the Lifeguard Vehicles.
4. In the event one or more of the Public Entity Parties are named as
a defendant in any claim or legal action as to which the Public
Entity Parties are entitled to indemnification under the terms hereof,
upon tender of the claim or action by one or more of the Public
Entity Parties to SPONSOR, SPONSOR shall assume the Public
Entity Party(ies)'s defense and represent the Public Entity
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Party(ies) in such legal action at SPONSOR 's expense with
attorneys of the choosing of SPONSOR.
B. Public Entity Parties
1. The Public Entity Parties covenant to and agree for the benefit of
SPONSOR and its directors, officers, employees, and agents that
the Public Entity Parties are each solely responsible for their
individual activities under this Agreement and that each will bear all
responsibility for and hold SPONSOR and its directors, officers,
employees, and agents harmless with respect to all such activities
including, without limitation, all expenses that could not be
reasonably mitigated or avoided by SPONSOR, damages payable
to third parties, excluding consequential losses and lost profits,
fines, reasonable legal expenses (including, without limitation,
attorneys fees, court costs, litigation costs, consultant or expert
fees, and other expenses associated therewith), incurred by
SPONSOR as a result of (i) the sole or concurrent negligence of
the particular Public Entity Party or (ii) the use or possession by the
Public Entity Party of any Lifeguard Vehicle, or (iii) other wrongful
acts for which the Public Entity Party is solely or concurrently
responsible, except for any portion attributable to the liability of
SPONSOR. The Public Entity Parties shall be obligated to
reimburse SPONSOR for such expense upon written submission of
a detailed statement with supporting documentation of the payment
of such losses. Each Public Entity Party shall be responsible for its
own actions and the parties agree there shall be no joint and
several liability imposed under this Agreement.
2. Should SPONSOR be named as a defendant in any action for
which SPONSOR is held harmless by a Public Entity Party(ies),
SPONSOR may tender such action to the responsible Public Entity
Party(ies) for defense of such action and the responsible Public
Entity Party(ies) if in accordance with law in effect at the time of
such tender will accept the tender and assume the defense of
SPONSOR with attorneys of the choosing of the Public Entity
Party(ies).
IX. Insurance
A. The Public Entity Parties will provide SPONSOR with proof of full
coverage during the term of this Agreement in the amount listed below:
1. Automobile Liability: $5,000,000 for the Lifeguard Vehicles per
occurrence combined single limit for personal injury and property
damage; comprehensive fire; and theft collision.
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Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
2. Commercial General Liability (including contractual and spectator's
liability): $1,000,000 per occurrence combined single limit for
personal injury and property damage;
3. Workers Compensation: Statutory for California including
Employer's Liability with limits of not less than $500,000.
B. Each Public Entity Party shall furnish SPONSOR with a certificate showing
the applicable coverage, naming General Motors Corporation as an
additional insured (except A(3) Workers Compensation), stating that such
insurance is primary in coverage to any other insurance that may be
available to General Motors Corporation, and at least thirty (30) days' prior
written notice to SPONSOR of cancellation, modification, or material
change to the policy. Such certificate shall be in a form acceptable to
SPONSOR and must be underwritten by and an insurer satisfactory to
SPONSOR. The purchase of appropriate insurance coverage or the
furnishing of the certificate by each Public Entity Party shall not release
each Public Entity Party from its obligations or liabilities under this
Agreement.
C. The foregoing notwithstanding, the provision to SPONSOR by any or all of
the Public Entity Parties of proof of self insurance meeting the above
requirements shall fully satisfy the requirements of Paragraphs IX.A and
IX.B above for the relevant Public Entity Parties.
X. Force Majeure
Any delay or failure of any party to perform its obligations hereunder shall be
•
excused to the extent that it is caused by an event or occurrence beyond its
reasonable control such as, by way of example and not by way of limitation, acts
of God, actions by governmental authority (whether valid or invalid), fires, floods,
windstorms, explosions, riots, natural disasters, wars, sabotage, or labor
problems; provided the party claiming force majeure promptly notifies the other
party of the event of force majeure, the anticipated duration of the event of force
majeure, and the steps being taken to remedy the failure. Should the event of
force majeure continue beyond thirty (30) days, or such shorter time period as
may be reasonable under the circumstances, any party may terminate this
Agreement, and any affected party shall be entitled to a pro rata refund for
services not yet performed by another party.
XI. Default and /or Termination
A. Any non - defaulting party may cancel this Agreement as to itself , without
liability to another party, if another party defaults or repudiates or breaches
any of the terms of this Agreement; and does not correct such failure or
breach within ten (10) days, or such shorter period if commercially
reasonable, after receipt of written notice from the non - defaulting party
specifying such failure or breach.
Final 03/10/03 14
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
B. Any party may cancel this Agreement as to itself immediately, without
liability to another party, upon the happening of any of the following or any
other comparable event: (1) insolvency of the other party; (2) filing of any
petition by or against another party under any bankruptcy, reorganization,
or receivership law; (3) execution of an assignment for the benefit of
another party's creditors; or (4) appointment of any trustee or receiver of
another party's business or assets or any part thereof; unless such
petition, assignment, or appointment be withdrawn or nullified within fifteen
(15) days of such event.
C. In the event this Agreement is canceled by one or more parties, each
party shall cease using the terminating party(ies)'s Marks, and the
terminating party(ies) shall return those funds, if any, paid to it by
SPONSOR for services that have not yet been performed. In addition, if
vehicles are loaned to the terminating party(ies), said party(ies) shall
promptly return the vehicles to SPONSOR. Further, all SPONSOR's rights
in regards to the terminating party(ies) under the Agreement shall
terminate.
D. The foregoing remedies are in addition to, and not in lieu of, any other
rights or remedies that a party may have at law or in equity; provided
however, that in no event will any party be liable to the other for incidental,
consequential, or punitive damages arising out of a breach of this
Agreement.
E. The parties agree that for the purposes of determining breach,
termination, and /or default, each Public Entity Party shall be treated as a
separate and individual party for its own acts and omissions. Therefore, a
Public Entity Party can be terminated from this Agreement and such
termination will not cause this Agreement to terminate. In addition, such
breach, termination, and /or default will not change the rights and
obligations of any other Public Entity Party.
XII. Waiver
Failure by any party at any time to require performance by another party of any
provision hereof shall in no way affect the right to require full performance any
time thereafter, nor shall the waiver by any party of a breach of any provision of
this Agreement constitute a waiver of any succeeding breach of same or any
other provision, nor constitute a waiver of the provision itself.
XIII. Notices
A. Any notice required or permitted to be given by any party under or in
connection with this Agreement.shall be in writing and shall be deemed
duly given when personally delivered, sent by cable or facsimile and
confirmed by letter, or three business days after being sent by registered
Final 03/10/03 15
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
or certified mail return receipt requested, postage prepaid, or expedited
courier service. The addresses for notice are:
Coalition General Correspondence: City of Laguna Beach
Department of Parks and Recreation Marine Safety Department
Marketing Division 505 Forest Ave.
1416 Ninth Street Laguna Beach, CA 92651
Sacramento, CA 95814
Mr. John McMahon, Deputy Director, City of Newport Beach
Chief of Marketing City Clerk
3300 Newport Blvd.
Sponsor: Newport Beach, CA 92663
Chevrolet Motor Division
General Motors Corporation City of San Clemente
515 Marin St., Suite 101 Beaches, Parks and Recreation Director
Thousand Oaks, CA 91360 Bruce Wegner
Attn: Bill Beasley, Regional Division 100 North Seville
Marketing Manager San Clemente, CA 92672
(During the term of this Agreement,
SPONSOR may designate a different City of Seal Beach
address for notification purposes; Attn: City Clerk Joanne Yeo
provided that any such address shall be 211 8th Street
located in the State of California.) Seal Beach, CA 90740
Public Entity Parties: City of Solana Beach
Department of Parks and Recreation 111 S. Sierra Ave.
Orange Coast District Solana Beach, CA 92075
Mike Tope, District Superintendent
3030 Avenida del Presidente City of Encinitas
San Clemente, CA 92672 505 S. Vulcan Ave.
Encinitas, CA 92024 -3633
County of Orange
Attention: Path Schooley City of Oceanside
#1 Irvine Park Road 301 N. The Strand
Orange, CA 92862 Oceanside, CA 92054
City of Imperial Beach
Public Safety Director
865 Imperial Beach Boulevard
Imperial Beach, CA 91932
B. SPONSOR will notice Public Entity Parties individually and directly when
coordinating Special or Promotional Events or other cases where the
notice pertains to only one Public Entity Party. Public Entity Parties will be
noticed at the addresses listed above.
Final 03/10/03 16
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
C. STATE and SPONSOR will be copied on all notices given by any party
under or in connection with this Agreement.
XIV. Assignment
No party shall transfer or assign its rights, nor delegate its obligations under this
Agreement to a third party, without the prior written approval of the other parties
XV. Compliance with law
Each party will perform its obligations under this Agreement in compliance with
all applicable laws, orders, or regulations of all appropriate jurisdiction.
XVI. Severability of Provisions
This Agreement is to be governed by and construed according to the laws of the
State of California. Should any individual provision of this Agreement be
declared void, the validity of the remainder of this Agreement will not be affected
and will remain in full force and effect.
XVII. No Joint Venture
Nothing herein contained shall be deemed to constitute this a joint venture,
partnership or agency relationship between the parties and none of them shall be
responsible for any obligations of the other, except as herein specifically
provided.
XVIII. Disputes
Any and all disputes arising out of or in connection with the negotiation,
execution, interpretation, performance, or nonperformance of this Agreement
(including the validity, scope, and enforceability of this arbitration provision) shall
be settled by mutual agreement of the parties, and, in the absence of such
agreement, through submission to binding arbitration. The location for the
arbitration shall be at a mutually agreeable location.
XIX. Execution in Counterparts
This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the
same instrument
XX. Entire Agreement
This Agreement constitutes the entire Agreement between the parties relating to
the subject matter covered herein and cancels and supersedes all previous
agreements between the parties relating to the subject matter covered herein.
Any modification of this Agreement must be in writing and signed by the parties.
Final 03/10/03 17
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
AGREEMENT No. 001, entered into this day of 200
IN WITNESS WHEREOF, SPONSOR hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORPORATION
By:
STATE OF CALIFORNIA}
COUNTY OF VENTURA}
On , 2003, before me the undersigned notary public, personally
appeared , the person(s) whose name is
subscribed to this instrument, and acknowledged that he executed it.
Final 03/10/03 18
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this / day o 2004.
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By: /
Signs • e o Authorized Person
John B. Bahorski
Print the Name of Authorized Person
City Manager
Title of Authorized Person
City of Seal Beach
Name of Agency
211 - 8th StrPPt
Address
Seal Beach, California 90740
City Zip Code
Signature of Legal Counsel
C� M
eqkro I,✓
Printed Name of Legal Counsel
Final 03/10/03 19
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Exhibit 1
Lifeguard and Tide Board Safety Signage
SPONSOR is granted the right to produce and display beach Safety Signage on the
following properties:
Beaches Number & Type of Signs
Boise Chica, Huntington State, Doheny, San Clemente 45 lifeguard towers
State, San Onofre
Newport 35 lifeguard towers
Seal 8 lifeguard towers
Sunset, Aliso, Salt Creek, Capo, Poche, Dana Pt., Harbor, 25 lifeguard towers
Strands, Table Rock, Thousand Steps, West Street,
Solana 4 lifeguard towers
Oceanside 14 lifeguard towers & 3 tide
boards
Imperial 8 lifeguard towers
Final 03/10/03 20
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Exhibit 2
Public Entity Party Logos
F �\0�� . �QpRTg� x
A SINCE 1864 � - �' ,`�' s ee 1 ,...s....
� �,
City Of Newport Beach
California State Parks City Of Oceanside
_ �cpN .CAF .
�:a
l2 ';Z
q
,: , NI , 1 -:
c, , ' 6.54" . ,, LIFEGUARD
. C Itir-oRNvP
City Of San Clemente
County of Orange City of Imperial Beach
g Otg N
� q
zC ® O
SEAL ' . .
-1 _ .� C, ,. , „
V Lam � �.
^L if O Ci Of Solana Beach
City Of Seal Beach City of Encinitas
Final 03/10/03 21
Beaches of Southern California Coalition . Chevy Lifeguard Vehicle Sponsorship Agreement
BECHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Exhibit 3
SPONSOR agrees to provide sixty -seven (67) courtesy vehicles to the Coalition as
follows:
Public Entity Party Silverado S10 Suburban Trailblazer Total
or Tahoe
State of California 15 15
City of San 2 1 3
Clemente
City of Laguna 1 3 4
Beach
City of Newport 8 5 13
Beach
City of Solana 3 1 4
Beach
City of Seal Beach 4 2 6
City of Oceanside 1 5 1 7
County of Orange 5 2 7
City of Imperial 3 1 4
Beach
City of Encinitas 1 1 2 4
Final 03/10/03 22
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Exhibit 4
Loan of Lifeguard Vehicle Terms and Conditions and Lifeguard Vehicle Receipt
Chevrolet Motor Division of General Motors Corporation ( "SPONSOR ") agrees to loan
the Lifeguard Vehicle(s) outlined in Exhibit 3 of the Lifeguard Vehicle Sponsorship
Agreement to the Public Entity Party members of the Beaches of Southern California
Coalition ( "COALITION ") from approximately March 2003 to February 2006 upon the
terms set forth below:
COALITION'S ADDRESS: California Department of Parks and Recreation
Attn: John McMahon, Deputy Director, Marketing Division
P.O. Box 942896, Sacramento, CA 94296 -0001
916- 651 -6700
Terms:
1. The Lifeguard Vehicles are, and shall remain, the property of SPONSOR.
2. The Public Entity Parties agree that: (a) the Lifeguard Vehicle(s) will not be
utilized illegally, improperly, for hire, as a public conveyance or in any manner for
any political purpose whatsoever; (b) the Lifeguard Vehicle(s) shall be driven in a
safe and prudent manner by insured, licensed drivers, eighteen (18) years of age
or older who meet the GM Safe Driver Program Driver Conduct Requirements
(attached hereto) and who are officers, directors, employees, agents or
subcontractors of the Public Entity Parties, or who are driving the Lifeguard
Vehicle(s) while on business related to the activities contemplated under this
Agreement; (c) The Public Entity Parties shall ensure that no one modifies,
disconnects, or otherwise interferes with the operation of the odometer, emission
control equipment, or any other equipment, except in connection with repairs as
• required by the terms of this Agreement; (d) The Public Entity Parties
acknowledge receipt of and will obtain from each driver of a Vehicle a signed
Driver Conduct Requirements form and shall retain each executed form for
three (3) years and provide them to SPONSOR at SPONSOR'S request; (e) The
Public Entity Parties will report all incidents /crashes involving damage to a
Lifeguard Vehicle, including reporting incident/crash to ESIS (a subsidiary of
CIGNA Insurance) at 1- 800 - 888 -0154 and to SPONSOR, and will follow
instructions provided in the glove compartment of the Lifeguard Vehicle; (f)
without limiting or altering any insurance or indemnification obligations contained
in this Agreement, Public Entity Parties will cooperate with SPONSOR at no cost
to the Public Entity Parities in the defense of any claims or lawsuits related to
Public Entity Parties' use or possession of any Lifeguard Vehicle; (g) The Public
Entity Parties will not make any repairs to a Lifeguard Vehicle without the explicit
Final 03/10/03 23
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
prior consent of ESIS with the exception of the addition of standard required
safety equipment; and (h) The Public Entity Parties shall be responsible for all
fines, forfeitures and penalties incurred by reason of the use of the Lifeguard
Vehicle(s).
3. SPONSOR MAKES NO WARRANTY OTHER THAN THAT EXPRESSED IN ITS
NEW VEHICLE LIMITED WARRANTY, A PRINTED COPY OF WHICH IS
FURNISHED WITH THE LIFEGUARD VEHICLE. SPONSOR authorizes Public
Entity Parties to obtain, on SPONSOR'S behalf as owner of the Lifeguard
Vehicle(s), such warranty service as is necessary and provided for under the new
vehicle limited warranty. Ordinary operating expenses such as gas, oil, grease,
tire repair and other incidentals are the responsibility of the Public Entity Parties.
4. Prior to the receipt of the Lifeguard Vehicles, the Public Entity Parties will provide
SPONSOR with proof of full coverage during the term of this Agreement in the
following amounts: Automobile Liability: $5,000,000 for the Lifeguard Vehicles
per occurrence combined single limit for personal injury and property damage;
comprehensive fire; and theft collision; Commercial General Liability (including
contractual and spectator's liability): $1,000,000 per occurrence combined single
limit for personal injury and property damage; Workers Compensation: Statutory
for California including Employer's Liability with limits of not less than $500,000.
Each Public Entity Party shall furnish SPONSOR with a certificate showing the
applicable coverage, naming General Motors Corporation as an additional
insured (except A(3) Workers Compensation), stating that such insurance is
primary in coverage to any other insurance that may be available to General
Motors Corporation, and at least thirty (30) days' prior written notice to
SPONSOR of cancellation, modification, or material change to the policy.
However, the foregoing notwithstanding, the provision to SPONSOR by any or all
of the Public Entity Parties of proof of self insurance meeting the above
requirements shall fully satisfy the requirements for the relevant Public Entity
Parties.
5. At the end of the term of the loan, The Public Entity Parties will return the
Lifeguard Vehicle(s) to the nearest dealer location or such other location as
designated by SPONSOR. If a Lifeguard Vehicle must be recovered by
SPONSOR or repaired to restore it to the condition in which it was delivered
(reasonable wear and tear, as defined by General Motors Corporation guideline,
attached hereto, excepted), then Public Entity Parties will pay SPONSOR any
costs incurred by SPONSOR to recover the Lifeguard Vehicle and to repair it. If,
in SPONSOR'S opinion, a Lifeguard Vehicle cannot or should not be repaired
based upon General Motors Corporation's policy for repairing /scrapping
damaged vehicles, then the Lifeguard Vehicle must be retumed to SPONSOR
and the responsible Public Entity Party will pay SPONSOR the Lifeguard
Vehicle's value, based upon the following formula: The amount General Motors
Corporation would have received if the Vehicle had been sold at auction the
month the Lifeguard Vehicle would have been returned to SPONSOR on the
Final 03/10/03 24
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
three year schedule based on a similar make and model year vehicle with similar
mileage, as determined by GM -NA Fleet and Commercial Operations Auction
Results' report, less $4,000.
Authorized Public Entity Party Signature:
Title:
Date:
Final 03/10/03 25
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
Exhibit 4 - Continued
General Motors Safe Driver Program Driver Conduct Requirements
I understand that the loan of this Vehicle is subject to the following terms, and verify that
am eighteen (18) years of age or older, possess a valid operator's license and will ...
1. ...display such license to the vehicle key issuer at each Vehicle exchange, and
will comply with a license restrictions.
2. ...never drive while impaired by alcohol, drugs, medication, illness, fatigue, or
injury.
3. ...ensure the proper use of safety belts and safety restraints for all
occupants.
4. ...obey all applicable motor vehicle laws, codes, and regulations.
5. ...drive in a defensive manner, anticipating situations where incidents are likely to
occur.
6. ...refrain, at all times, from using radar /laser detection devices.
7. ...plan trips by selecting the safest route, depart early enough to observe posted
speed and traffic regulations, and will be mindful of current and forecasted
weather conditions.
8. ...report all incidents /crashes involving the vehicle to ESIS (General
Motors' insurance claims administrator) at 1- 800 - 888 -0154 (direction is
provided in the glove department of the vehicle) and to DIVISION.
9. ...not permit any other person to operate the Vehicle.
Furthermore, by signing this receipt and acknowledgment, I verify that I have not been
convicted within the past 36 months of any of the following motor vehicle violations:
1. Driving while operator's license is suspended, revoked, or denied.
2. Vehicular manslaughter, negligent homicide, felonious driving or felony with a
vehicle.
3. Operating a vehicle while impaired, under the influence of alcohol or illegal drugs,
or refusing a sobriety test.
Final 03/10/03 26
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
4. Failure to stop or identify after a crash (includes leaving the scene of a crash; hit
and run; giving false information to an officer).
5. Eluding or attempting to elude a law enforcement officer.
6. Traffic violation resulting in death or serious injury.
•
7. Any other significant violation warranting suspension of license.
Driver's Name:
Driver's License Number and State:
(Number) (State)
Driver's Signature: Date:
Final 03/10/03 27
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
Exhibit 4 - Continued
General Motors Corporate Guidelines
Normal Vehicle Wear and Tear
• Windshield stone chips not in driver's field of vision.
• Leading edge stone chips on painted surfaces.
• One door ding, any door, less than the size of a nickel.
• Scratches, regardless of length, in which exterior paint is not broken and sheet
metal is OK (i.e. that can be buffed out).
• Cleanable dirt, grime, and stains on exterior and interior surfaces.
• Scuffed tires, wheels, moldings, sills, undercarriage components, and cargo
areas.
• Correctable misalignment or balance of wheels and tires.
• Scratches, scuffs, scrapes, and minor dings in truck beds.
• Any warrantable repairs.
Final 03/10/03 28
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Exhibit 5
The Public Party Entities agree to the following lease values and corresponding
commission due STATE. Commissions are due no later than thirty (30) days from the
start of each contract year. "Contract year" shall mean each twelve (12) month period
that commences the first day of the calendar month immediately following the date of
contract execution and extends twelve (12) months therefrom throughout the term of the
contract.
Public Entity Annual Lease Values Annual
Parties Silverado S10 Suburban Trailblazer Total Commission
($5,604/yr) ($4,464/yr) or Tahoe ($5,700 /yr) ($)
($5,856/yr)
State of $66,960 $66,960 NA
California
City of San $8,928 $5,700 $14,628 $1,170
Clemente
City of Laguna $5,604 $17,568 $23,172 $1,854
Beach
City of Newport $35,712 $29,280 $64,992 $5,199
Beach
City of Solana $13,392 $5,856 $19,248 $1,540
Beach
City of Seal $17,856 $11,712 $29,568 $2,356
Beach
City of $5,604 $22,320 $5,700 $33,624 $2,690
Oceanside
County of $22,320 $11,400 $33,720 $2,698
Orange
City of Imperial $13,392 $5,856 $19,248 $1,540
Beach
City of $5,604 $4,464 $11,712 $21,780 $1,742
Encinitas
Final 03/10/03 29
FORti Gray
q Gra Davis, Governor
State of California • Resourc gency
" " " "" DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento, CA 94296.0001 Ruth G. Coleman, Acting Directoi
PP P.O. Box 942896
Sacramento, CA 94296 -0001 47 c3-1 p - D
May 9, 2003
Dear Beaches of Southern California Coalition Members,
Attached please find a set of signature pages for each of the signing members of the
2003 Lifeguard Vehicle Sponsorship agreement. The cities of Encinitas and Oceanside
have declined to sign the agreement. You already should have received original
signature pages from Chevrolet and the State.
Please let me know if you have any questions. I can be reached at (916) 653 -4574.
Sincerely,
s OA : e- /9 -6(- - 0/
Callie Hurd
Concessions Specialist
Beaches of Southern Californl.. coalition Chevy Lifeguard . . iicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION -MEMBER
AGREEMENT NO. 001, entered into this 19 day of /SRC 14 200 3
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
4.01111 Signatur of Authorized Person
MkT 12CD (Z U F Z-
Print the Name of Authorized Person
CZ V MAN -GE(Z
Title of Authorized Person
OSIN o r B e ,acc
Name of Agency
c Z5 3:: PE (2_ A(- P)etkc L - I3LVD
Address
Z = ' ' L- -,4( (A ° \ 1 R3?
City Zip Code
A&
Sign j e r e of L •un- -I
WV
Printed Name of Legal Counsel
Final 03/10/03 19
_..
Beaches of Southern California coalition Chevy Lifeguard Venicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this &' day of ntitrti 200
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By: ),A..Azitek /) ./(z i . .. ,
Signature of Authorized Person
KPnnPth Frank
Print the Name of Authorized Person
City Manager
Title of Authorized Person
City of Laguna Beach
Name of Agency
505 Forest Avenue
Address
Laguna Beach 92651
City Zip Code ,..
k.---
Signatur of egal Counsel
Philip D. Kohn
Printed Name of Legal Counsel
Final 03/05/03 19
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this day of ( A 200 3
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
i
By:
Signature o Authorized Pe .
3 r aj
Print the Name of Authorized Person
Title of Authorized Person
Name of Agency
33 GO C 61
Address
O ek)-34)0 ` t (1 t-ko‘01
City,' Zip Code
—
Signature of Legal Counsel
?r rm
Printed Name of Legal Counsel
Final 03/10/03 19
•
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 2 °)+v4 day of ,A? t \ 200
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
B IvI,� ,�•.
Signature of Authorized Person
•
- r or'\ ks W • uo
Print the Name of Authorized Person
THIS 00C1011111ff THE r OF T�Mf r MS TO �. o
A� i �M A 1■1 ..., ATTEST. y �
Title of Authorized Person IA ' ,T,
CLERK OF THE BOARD OF SUPERVISORS
ORANGE COUNTY, CAUFORIIBA
130M -P OF Sui ?V IS of -•
Name of Agency
to (, \J ( Lf_.rrr p i, P ?- Pc
Address
A-N (A cr2-70 k
City Zip Code
/ APPROVED AS TO FORM ~
Signature of Legal Cou - ICE OF THE COUNTY COUN
• « ) CALIF •
Il i' .
Printed Na -' of Legal Counsel Date: �
Final 03/10/03 1 9
Beaches of Southern California Coalition Chevy Lifeguard vehicle Sponsorship Agreement
1
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this day of 200
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above. /
By:
Signature .I: Authorized Person
5;7� ru/E, M. D e y
Print the Name of Authorized Person
MgYac
Title of Authorized Person
Name of Agency
/00
Address
City Zip Code
/7";/ o eTga Counsel
Printed Name of Legal Counsel
Final 03/10/03 19
Beaches of Southern California Coalition Chevy Lifeguard Vehicle Sponsorship Agreement
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this /� day of Aille...A100
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By: Lt d
Signature of A .' o ' ed Person
John B. Bahorski
Print the Name of Authorized Person
City Manager
Title of Authorized Person
City of Seal Beach
Name of Agency
211 - 8th StrPPt
Address
Seal Beach, California 90740
City Zip Code
• '791 gott„,i,--
Signature of Legal Counsel
A-74-igvd .4a/1,14i
Bqkiroc,
Printed Name of Legal Counsel
Final 03/10/03 19
Beaches of Southern Califon. .;oalition Chevy Lifeguard ... iicle Sponsorship Agreement
< J
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 1st day of April, 2003.
IN WITNESS WHEREOF, each party hereto has executed this Beaches of Southern
California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By III (-------
:
Bar John ty Manager
ATTEST:
B
Laura S. Seo, City Clerk
City of Solana Beach
635 S. Highway 101
Solana Beach, CA 92075
APPROVED AS TO FORM:
By" / 2r_ . ' et, / i i % .c.(; '. -----
Celia B Ci ty Attorney
Final 03/10/03 19
• •
Amendment to
AGREEMENT NO. 001
LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
Between
BEACHES OF SOUTHERN CALIFORNIA COALTION
And
•
CHEVROLET MOTOR DIVISION
GENERAL MOTORS CORPORATION
THIS AGREEMENT, dated as of the date of the last signature herein, is an amendment
to the LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT, dated March 10, 2003, by and
between
CHEVROLET MOTOR DIVISION,
GENERAL MOTORS CORPORATION, a
Delaware Corporation, hereinafter referred to
as "SPONSOR ";
AND CITIES of Seal Beach, Newport Beach,
Laguna Beach, Solana Beach, Oceanside,
Imperial Beach, Encinitas, and San Clemente,
all municipal corporations or general law
cities, hereinafter collectively referred to as
"CITIES ";
AND ORANGE COUNTY, specifically the Public
Facility Resource Department, a political
subdivision of the State of California,
hereinafter referred to as "ORANGE
COUNTY ";
AND STATE OF CALIFORNIA, specifically
through the Department of Parks and
Recreation, limited to its Orange Coast District
hereinafter referred to as "STATE ".
The purpose of this Amendment is to amend the Lifeguard Vehicle Sponsorship Agreement only
as follows:
Section V, Paragraph A are hereby superceded by the following:
A. For the rights and benefits granted to SPONSOR herein, SPONSOR agrees to deliver
to the Public Entity Parties sixty -seven (67) new or used Chevrolet vehicles as described in
Exhibit 3 for use by the Public Entity Parties' Lifeguard Divisions.
Except as modified herein, the terms and conditions for the loan of the Lifeguard Vehicles as
described in the remainder of paragraph A and the remainder of the previous Lifeguard Vehicle
Sponsorship Agreement remains in effect, without change.
• • •
AMENDMENT No. 001, entered into this Q Di day of 200 3
IN WITNESS WHEREOF, SPONSOR hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORPORATION
/ 7 / /
By: Z./41H -
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 23 day of May 2003
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By: ,
•
William Berry
Print the Name of Authorized Person
Deputy Director
Title of Authorized Person
California Department of Parks and Recreation
Name of Agency
1416 Ninth Street, 14 Floor
Address
Sacramento, CA 95814
City Zip Code
BEACHES oprOUTHERN CALIFORNIA COALITII MEMBER
AGREEMENT NO. 001, entered into this 1 0 day of 3 ., 200 3
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
Signature of Authorized Person
Q. PV ok4 i x
Print the Name o Au orized Person �...
City PAAJP R--
Title bf Authorized Person
('.t4 . 4 Pei AI €c.t L
Nam f Agency
6z6 etc& c &
Address
. of 3e�.c�, 1 32
Cit Zip Code
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this '� day of r E 2003
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By: in A
Signature of Authorized Person
«lAc ∎ k4— (A - E C M / \)
Print the Name of Authorized Person
c
en- N)E 5A-Fel
Title of Authorized Person
CANT d LP's TA N 6f RGk' -1
Name df Agency
S oy ��r
Address
1.A uw &(\ GIN c 1.2651
City Zip Code
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
fa t
AGREEMENT NO. 001, entered into this day of 1 ,..Z /4 200 3
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
B . a L
Si A of tho zed Person
/ .
Print the Name o Authorized • erson
Title of Authorized Person
e 4
Name of Agency
43 14-r 1&,.
Address
. 4. 44-1 ■.. 7 .ge r'}G i-/ CA' 9Z 6 4 3
City Zip Code
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 1'2 + day of Pr■5v St 200 3
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
By:
Signature of Authorized Person
Thomas W. Wilson
Print the Name of Authorized Person
Chairman
Title of Authorized Person
SIGNED AND CERTIFIED THAT A COPY OF
Board of Supervisors N ,, THIS DOCUMENT HAS BEEN DELIVERED TO
THE IRMAM OF ' • ARD o�
Name of Agency ATTE � I,IJ 1 / a $� �y.
CLERIC OF THE BOARD OF SUPE SORS z/FOi'
10 Civic Center Plaza ORANGE COUNTY, CALIFORNIA
Address
Santa Ana 92701
City Zip Code APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNS L
• c • • N CALIFOR
t
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 17th day of June 200 3
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
BY: _i._ - -- Amin. ' 1 /
Signature • f Authorized Person Approved as to Form
Stephanie M. Dorey A
Print the Name of Authorized Person V
C y Attorney
Mayor
Title of Authorized Person
City of San Clemente
Name of Agency
100 Avenida Presidio
Address
San Clemente 92672
City Zip Code
• •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this day of 200_
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
' o / oef
By:
�
Sign a of Authorized Person
John Bahorski_'
Print the Name of Authorized Person
City Manager
Title of Authorized Person
City of Seal Beach
•
Name of Agency
211 8th. Street
Address
Seal Beach, CA 90740
City Zip Code
•
a • •
BEACHES OF SOUTHERN CALIFORNIA COALITION MEMBER
AGREEMENT NO. 001, entered into this 28th day of May 2003
IN WITNESS WHEREOF, each party hereto has executed this Amendment to the Beaches of
Southern California Coalition Lifeguard Vehicle Sponsorship Agreement on the date set forth
above.
q / _
By: •
Signature • f Au • • Person
Bariy J. Johnson
Print the Name of Authorized Person
City Manager
Title of Authorized Person
City of Solana Beach
Name of Agency
635 S. Highway 101
Address
Solana Beach, CA 92075
City Zip Code
aiEST:
O
Laura S. Seo, City Clerk
APPROVED AS TO FORM:
I
Celia Brewer, City torney
. ' • •
General Motors
Date: February 23, 2004
VIA FACSIMILE AND REGISTERED MAIL
John B. Bahorski
City of Seal Beach
Attn: City Clerk Joanne Yeo
211 8 Street
Seal Beach, CA 90740
Dear John:
This letter confirms the agreement of Chevrolet Motors Division, General Motors Corporation
( "SPONSOR "), on the one hand, and City of Seal Beach, City of Solana Beach, City of Newport Beach,
City of Laguna Beach, City of San Clemente, The County of Orange and California Department of Parks
and Recreation (the "PUBLIC ENTITY PARTIES "), on the other hand, to extend the term of the
Lifeguard Vehicle Sponsorship Agreement between SPONSOR and PUBLIC ENTITY PARTIES, dated
March 10, 2003 (the "Agreement ").
The Agreement will therefore be extended for sixty (60)* days and will now expire without further notice on
May 10, 2004. Except as modified by this letter, all of the terms and conditions of the Promotional
Agreement remain in full force and effect.
Please confirm agreement with the foregoing by executing the duplicate enclosed copy of this letter and
returning it to the undersigned.
Very truly yours,
Neil Stirling ,
. Regional Divisional Marketing Manager - Chevrolet Division
General Motors Corporation
515 Marin St., Suite 101
Thousand Oak CA 91360
ACCEP /
By:
Title: /t Mana _ er
Date: February 25, 2004
•
1 Amendment No. 2
2 TO AGREEMENT BETWEEN
3 LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT
4 Between
5 BEACHES OF SOUTHERN : ` �► F J IO�NIA OALITION
6 An •
7 CHEVROLET MOTOR DIVISION
8
9 THIS AGREEMENT, dated the 23rd day of January 2004, is an amendment to
10 the LIFEGUARD VEHICLE SPONSORSHIP AGREEMENT, dated March 10, 2003, by
11 and between the Chevrolet Motor Division, General Motors Corporation, hereinafter
12 referred to as "SPONSOR" and the cities of SEAL BEACH, SOLANO BEACH,
13 NEWPORT BEACH, LAGUNA BEACH, and SAN CLEMENTE, the COUNTY OF
14 ORANGE, and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
15 hereinafter referred to as "PUBLIC ENTITY PARTIES ";
16
17 The purpose of this Amendment is to amend the Lifeguard Vehicle Agreement
18 only as follows:
19
20 SPONSOR agrees to loan the following Vehicles to the PUBLIC ENTITY
21 PARTIES from approximately March 11, 2004 to May 10, 2004.
22
23 All other terms and conditions of said agreement shall remain the same and in
24 full force and effect.
•
1 BEACHES OF SOUTHERN CALIFORNIA COALTION MEMBERS
2
•
3 AMENDMENT No. 2, entered this 23` day of January 2004.
4
5 IN WITNESS WHEREOF, each the party hereto has executed this Amendment
6 to the Beaches of Southern California Coalition Lifeguard Vehicle Sponsorship
7 Agreement 'In the date et forth above.
8 ! �_
9
10 By
11 Jo Bahorski
12 Print the Name of Authorized Person
13 City Manager
14 Title of Authorized Person
15 City of Seal Beach
16 Name of Agency
17
211 8th Street
18 Address
19 Seal Beach. CA 90740
20 City - Zip
21 a:/A 4 DD 9'
22 Date
23 Quinn M. Barrow §
24 Signature of Legal Counsel
25 Richards, Watson, Gershon
26 Printed ame of Legal Counsel
27 egium2y c2ore4L
' 28 Date
f s
ISSUE DATE (MMIDD/YYYY)
EVIDENCE OF PROPERTY INSURANCE 06/21/2010
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INSTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
PRODUCER — COMPANY
ALLIANT INSURANCE SERVICES, INC. Lexington Insurance Company - Primary Company
P.O. BOX 6450 Excess Carrier's Schedule on File with California JPIA
NEWPORT BEACH, CA 92658 -6450
PH (949) 756 -0271 / FAX (949) 756 -2713
CODE: SUB-CODE: INSURED _ - � - - �� LOAN NUMBER f POLICY NUMBER
California JPIA and its Member:
B040110926X10
City of Seal Beach ^- ± — —
City - EFFECTIVE DATE EXPIRATION DATE — C NT. UNTIL
211 Eighth Street —� —, TERMINATED
07/01 /2010 1 0 /2011 ❑
Seal Beach, CA 90740 -6379 l I IF CHECKED
THIS REPLACES PRIOR EVIDENCE GATED:
i ^�
PROPERTY INFORMATION
LOCATION 1 DESCRIPTION
Orange Coast Marketing Coalition Lifeguard Vehicle Sponsorship Agreement for use of four Chevrolet S10 trucks valued at $23,000
each and one Chevrolet Blazer valued at $32,000 on vehicle schedule on file with the company.
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
EVIDENCE OF PROPERTY INSURANCE 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.
COVERAGE INFORMATION
-- -- — COVERAGE / PERILS / FORMS — -- - - -_� -- - - - - - -- • AMOUNT OF INSURANCE 1 DEDUCTIBLE
All Risk Property Insurance — Limits Per Occurrence - Replacement-Cost I $500,000,000 •
Subject to Policy Exclusions
(Earthquake & Flood Included*)
Sub - Limits apply as follows (but not limited to): I
$10,000,000 Flood Coverage — All locations nol separately insured for
Earthquake & Flood Aggregate Limit i
$50,000,000 Course of Construction
$ 2,500,000 Newly Acquired Property (not reported in 120 days) unnamed locations
$ 250.000 Newly Acquired Fine Arts
$ 500,000 Animals
$ 10,000 Limited Mold - $100,000 Limited Mold Aggregate Limit
*EARTHQUAKE AND FLOOD ARE COVERED ONLY IF INDICATED ABOVE, AND APPLIES PER i
PROPERTY LOCATIONS ON SCHEDULE ON FILE WITH INSURANCE COMPANY. E
REMARKS (Including Special Conditions)
• Deductibles:
Earthquake - 5% of combined total values per covered location subject to a minimum deductible of 5100,000
Flood - $100,000 per Occurrence • 5250,000 Flood Zones A & V
Vehicle Comprehensive and - 51,000 Per Occurrence
Emergency Vehicle Comprehensive and Collision - $5,000 Per Occurrences
All Other Perils - 55,000 Per Occurrence
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POUCYPROVISIONS.
ADDITIONAL INTEREST - — — _ _
NAME AND ADDRESS `.
Ltm
^ MORTGAGEE ADDITIONAL INSURED
Chevrolet Motor Division, General Motors Corporation, � X-� FUAYEE OTHER
a Delaware Corporation
Attn: Rick Sltek, Regional Truck Manager to
515 Main St
Ste. 283- Ip l " '
' AUrHORi2EDRE S
Thousand Oaks, CA 91360 N7ATP /E
F42:::‘,.;:,4-.Z.. - :�: w .i'$ �`:�:uvi : •u1�: _ _ �' . °°'>M:i"'�.rsy'1.. �� ?:'.,i °�., " �'•'^ � ;` ~ = � ♦ •.o... y-- , a . . Gp � . �
'Z. :! _ g {,.. , r ... _ •• -- + •_ +.',e ?.'•` -'?'z s =is: - -- - �.
-h .<?° i '.: _ .. x - `'2 rsJ: €�'• a -' 'isi �: • =3s : :.�.° -: e" ^.• -a . ?-'_
- _ ��: :+rte:` . C''.''
ACORD 27 (2009 -12) - -
ISSUE DATE (MMIDO/YYYY)
EVIDENCE OF PROPERTY INSURANCE -- 06/21/2010
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INSTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
PRODUCER COMPANY
RELIANT INSURANCE SERVICES, INC, Lexington Insurance Company — Primary Company
P.O. BOX 6450 Excess Carrier's Schedule on File with California JPIA
NEWPORT BEACH, CA 92658 - 6450
PH (949) 756 -0271 / FAX (949) 756 -2713
CODE: SUB•CODE:
INSURED -T � - � ��— LOAN NUMBER 1 POLICY NUMBER
California JPIA and its Member: I 8040110926X10
� -
City of Seal Beach EFFECTIVE DATE ^ T -- EXPIRATION DATE
CONT. UNTIL
211 Eighth Street 07/01/2010 1 07/01/2011 TERMINATED 0
Seal Beach, CA 90740 -6379 I IF CHECKED
- THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATION 1 DESCRIPTION
2001 Chevrolet S10 4x4 S #1GCCT19W828100353 $25,000
2001 Chevrolet S10 4x4 S #1GCCT19W328100373 $25,000
2001 Chevrolet S10 4x4 S #1GCCT19WX28101620 $25.000
2001 Chevrolet S10 4x4 S #1 GCCT19W128100923 $25.000
2002 Chevrolet Avalanche 4x4 S #3GMEK13T02G119717 $37,000
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
EVIDENCE OF PROPERTY INSURANCE 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.
COVERAGE INFORMATION
COVERAGE/ PERILS / FORMS AMOUNT OF INSURANCE ; DEDUCTIBLE
All Risk Property Insurance — Limits Per Occurrence - Replacement Cost $500,000,000 •
Subject to Policy Exclusions
(Earthquake & Flood Excluded*)
Sub - Limits apply as follows (but not limited to):
510,000,000 Flood Coverage — AII locations not separately insured for
Earthquake & Flood Aggregate Limit
$50,000,000 Course of Construction
$ 2,500,000 Newly Acquired Property (not reported in 120 days) unnamed locations I
$ 250,000 Newly Acquired Fine Arts
$ 500,000 Animals
$ 10,000 Limited Mold - 5100,000 Limited Mold Aggregate Limit
•EARTHQUAKE AND FLOOD ARE COVERED ONLY IF INDICATED ABOVE, AND APPLIES PER j E
PROPERTY LOCATIONS ON SCHEDULE ON FILE WITH INSURANCE COMPANY. I .
REMARKS (Including Special Conditions)
- -
4 0 Deductibles:
Earthquake - 5% of combined total values per covered location subject to a minimum deductible of 5100,000
Flood.- $100,000 per Occurrence - 5250,000 Flood Zones A 8 V
Vehicle Comprehensive and Collision - 51,000 Per Occurrence
Emergency Vehicle Comprehensive and Collision - $5,000 Per Occurrences
Ali Other Porlis.- 55,000 Per Occurrence
CANCELLATION __
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POL1CYPROVISIO■S.
ADDITIONAL INTEREST
N AME AND ADDRESS I --....eiv.-.--
a
.: MORTGAGEE 0 ADDITIONAL INSURED
LOSS - -_�_
Chevrolet Motor Division E LOSS PAYEE El OTHER
General Motors Corporation LOAN
515 Main Street,ISte. 101 1 `
P
Thousand Oaks, CA 91360 Y'�, AUTHORIZED REP' 8
V y t . A
•mss = ,�a *.' _ :'�-�
• MW11 404 - "n VFAM� F' i'M -101E - ,-..4•.w'...,a •.t"r; < �e: frI"'^�. •.sr ht At ?x'..:e 3 :iv,,v Y naj ::i' 5 %K;i "" l ?:?
. i X}- i kYX. �t� "x.•`Y�: ?.e ae •[w¢�Xses -.. tEk.
ACORD 21 (2003 -12) ;
Blank Page 1 of 1
Jill Ingram
From: Wendy Kruse [WKruse @alliantinsurance.com]
Sent: Tuesday, July 06, 2010 11:43 AM
To: Jill Ingram
Subject: FW: City of Seal Beach - Cert Holder Address
Attachments: Seal Beach - 2 Certificates of Ins..pdf
Hello Jill,
Can you please let me know which one of the suite #'s is correct, we have 2 different
ones, please see attached certificates for 2010 -2011 renewal, as soon as I hear back
from you, I can place these in the mail.
Thanks,
Wendy Kruse for Gail White
" i/7 gatc k
Alliant Insurance Services, Inc.
License #0C36861
1301 Dove Street, #200
Newport Beach, CA 92660
Direct 949 - 660 - 8154 * Fax 619- 699 -0907
Wkruse @alliantinsurance.com
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7/6/2010