HomeMy WebLinkAboutTayman Park Golf Group 2012-07-01; Addendum 6 2012-07-01Cou (e17 -
ADDENDUM NO. 6 TO UKIAH MUNICIPAL GOLF COURSE LEASE AGREEMENT
This Agreement ("Addendum No. 6") entered in Ukiah, California on April 1, 2020 ("Effective
Date"), amends the Municipal Golf Course Lease Agreement ("Lease"), dated July 1, 2012,
between the City of Ukiah ("Lessor" or "City"), a general law municipal corporation, and
Tayman Park Golf Course Group, Inc. ("Lessee" or "TPGG"), a corporation in good standing
under the laws of the State of California, as amended by Addendum No. 3, dated March 13,
2018, Addendum No. 4, dated October 17, 2018, and Addendum No. 5, dated October 2, 2019.
Except as expressly amended by this Addendum No. 6, all other terms and conditions of the
Lease, as amended by Addenda Nos. 3, 4 and 5 remain in full for and effect.
AGREEMENT:
Exhibit I to the Lease is hereby replaced by the revised Exhibit I attached hereto.
WHEREFORE, the Parties have entered this Addendum No. 6 on the Effective Date.
City of 'ah:
By:
Sage Sangiacomo, City M
Attest:
Kristine Lawler, City Clerk
Approved as to form:
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TAYMAN PARK GOLF GROUP, INC.,
Lessee
By:
Its:
Attached: Exhibit 1 (revised 4/1/2020)
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INSURANCE REQUIREMENTS FOR LESSEE
Exhibit I- RevisedApril1,-2020
Lessee shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the lessee.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01).
B. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability insurance (for lessees with
employees).
C. Property insurance: One policy with separate policy limits for (i) all risks of loss, except wildfires and (ii) for risk of loss from
wildfire. Coverage limited to City owned structures and personal property. All proceeds of insurance must be payable to City.
D. Insurance Services Office Automobile Coverage (Form No. CA 0001 (Ed. 1/87), Code 1; "any auto".
11. Minimum Limits of Insurance
Lessee shall maintain limits no Tess than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Insurance must be written
on an occurrence basis.
B. Employer's Liability: $2,000,000 per accident for bodily injury or disease.
C. Property Insurance: For the portion of the property insurance under Section I.C(i), full replacement cost with no coinsurance
penalty provision and under I.C(ii), full replacement cost with no coinsurance penalty up to a policy limit of $500,000.
D. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
III. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Lessee to provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or
to approve the deductible without a guarantee.
iv. REQUIRED INSURANCE PROVISIONS
Proof of General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
A. The City, its officers, officials, employees and volunteers are to be covered as ADDITIONAL INSURED with respect to liability
arising out automobiles owned, leased, hired or borrowed by or on behalf of the Lessee; and with respect to liability arising out of
ownership, maintenance or use of that part of the premises leased to the lessee.
B. The Workers' Compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid
under the terms of this policy which arises from the work performed by the named insured.
C. The lessee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess
of the Lessee's insurance and shall not contribute with it.
D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party,
except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City.
V. Rating — Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term
credit rating and AMB -1 for short-term credit rating.
VII. Verification of Coverage
Lessee shall fumish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements
should be on forms provided by the City. If endorsements are on forms other than the City's forms, endorsements must provide coverage that is
equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications at any time.
If you have questions regarding our insurance requirements contact: Risk Manager
(707)-463.6287 Fax: (707) 463.6204
Ukiah Municipal Golf Course Lease