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HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - TWIN SILO BMX, LTD (2)Official Purchasing Document Last updated 3/2018 Page 1 of 2 AMENDMENT #01 AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND TWIN SILO BMX, LTD. This First Amendment (Amendment #01) is entered into by and between the CITY OF FORT COLLINS (the “City”) and TWIN SILO BMX, LTD (the “Service Provider”). WHEREAS, the Service Provider and the City entered into an Agreement effective February 8, 2018 (the “Agreement”); and WHEREAS, Service Provider and the City desire to amend the Agreement to renew the Agreement and amend portions of the Agreement for improved clarity. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. The term of the Agreement will be extended for one (1) additional year, February 1, 2020 through January 31, 2021. 2. Paragraph 6, subparagraphs a and b, are hereby revised and replaced as follows: a. In consideration of Service Provider’s maintenance work on the Track, the City hereby grants to Service Provider a license to use the Track for its own BMX practices and races during the months of April through November, on a schedule pre-approved by the City in writing (“Approved Use”). Service Provider may, with appropriate notification to the City, conduct Approved Use activities outside of the designated period with appropriate advance notice to the City Representative, and with full knowledge and acceptance that the on-site restrooms are closed for winter outside of April through November. Approved Use may include Service Provider events sponsored by outside sponsors, but does not include Service Provider sponsoring events for outside groups or organizations. Approved Use is subject to a maximum of 150 total attendees, including event participants, participant family members, event staff, spectators, etc. At time of season scheduling (usually by March 31), Service Provider shall notify the City in the event it intends to request a deviation from the maximum number of 150 for any special events/races. For events exceeding this limit, the Service Provider must obtain a permit from the City. To obtain a permit, the Service Provider must complete a BMX Track Application (the “Application”), obtained on-line at http://www.fcgov.com/parks/forms.php. Along with the Application, any event on the BMX track that may exceed 150 attendees (i.e. State-Wide Tournament) will require the Service Provider to pay the City the associated Parks Department permitting fees as listed on the Application. b. Service Provider must provide to the City Representative a proposed schedule of dates for practices, races, camps, etc. upon which it seeks to use the Track by no later than March 31st of each year, and obtain City approval, in writing, thereof prior DocuSign Envelope ID: 2429F290-9D77-4F2B-9B54-1DF6DB423352 Official Purchasing Document Last updated 3/2018 Page 2 of 2 to publishing or advertising said schedule to the public or holding events at the Track. Service Provider will also provide the City with 7 calendar days advance notice of Service Provider’s intent to perform scheduled maintenance on the Track. Service Provider is authorized to perform such maintenance year round. Should the Track require immediate maintenance due to unsafe conditions resulting from vandalism or inclement weather, Service Provider should notify the City Representative of the issue and is authorized to proceed with the necessary corrective action with no further advance notice requirements to the City. 3. Paragraph 8 is hereby revised to read as follows: 8. Utilities. The City will supply to the Track non-potable irrigation water and a 30 amp electricity source at the City’s expense from approximately mid-May until November 1 of each year, provided that Service Provider may use only such quantities of water and electricity as are reasonably necessary for the performance of its duties hereunder, or for the normal conduct of races it conducts with the City’s approval. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: TWIN SILO BMX, LTD. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 2429F290-9D77-4F2B-9B54-1DF6DB423352 Crystal Toureene 1/21/2020 1/21/2020 Track Operator SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY All other terms and conditions of this Policy remain unchanged. ADDITIONAL INSURED: OWNERS AND / OR LESSORS OF PREMISES, LESSORS OF LEASED EQUIPMENT, SPONSORS OR CO-PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy is amended to include as an additional Insured any person or organization of the types designated below, but only with respect to liability arising out of your operations: 1. Owners and / or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an "occurrence" which takes place while you are a tenant in the premises; b. This insurance does not apply to "bodily injury" or "property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and / or lessor of the premises; c. This insurance does not apply to liability of the owners and / or lessors for "bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to the sole negligence of such additional insured. 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: a. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Page 1 of 2 Addional Insured/Waiver of Subrogation/Primary & Non-Contributory POLICY NUMBER: PHPK1948481 DocuSign Envelope ID: 2429F290-9D77-4F2B-9B54-1DF6DB423352 PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY All other terms and conditions of this Policy remain unchanged. 3. Sponsors 4. Co-Promoters THIS INSURANCE IS PRIMARY, WITH ANY INSURANCE OR SELF-INSURANCE PROGRAM MAINTAINED BY THE NAME OF PERSON OR ORGANIZATION LISTED ABOVE BEING NON-CONTRIBUTING EXCEPTING LOSS RESULTING FROM THE SOLE NEGLIGENCE OF THE NAME OF PERSON OR ORGANIZATION LISTED ABOVE. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed that, notwithstanding anything to the contrary in paragraph 8. Transfer of Rights of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, in the event of any payment under this policy, we waive our right of recovery against any person or organization with respect to which the insured has waived its right of recovery. It is further agreed that work commenced under letter of intent or work order, subject to subsequent reduction to writing, with customers whose customary contracts would require a waiver of recovery rights against them also falls within this blanket waiver of subrogation. Page 2 of 2 DocuSign Envelope ID: 2429F290-9D77-4F2B-9B54-1DF6DB423352 (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/15/2020 USI Insurance Services LLC 2375 E. Camelback Rd, Suite 250 Phoenix AZ 85016 Clorinda Thompson 602-279-5800 phx.certificates@usi.com Philadelphia Indemnity Insurance Co. 18058 AMERIBIC1 American Bicycle Association dba: USA BMX 1645 W Sunrise Blvd Gilbert AZ 85233 386758099 A X 1,000,000 X 100,000 Excluded 1,000,000 5,000,000 X Y Y PHPK1948481 3/1/2019 3/1/2020 1,000,000 A 1,000,000 X X X PHPK1948481 3/1/2019 3/1/2020 A X X PHUB666364 3/1/2019 3/1/2020 4,000,000 4,000,000 X 10,000 Certificate holder and any other entities listed below are listed as additional insured under the General Liability on a primary & Non Contributory Basis including waiver of subrogation with respect to the American Bicycle Association/USA BMX sanctioned events/competitions/practices and other operations conducted by American Bicycle Association/USA BMX track operators on behalf of the American Bicycle Association/USA BMX. RE: Twin Silo BMX #1352 City of Fort Collins C/O John Stephen; 215 N. Mason Fort Collins CO 80524 DocuSign Envelope ID: 2429F290-9D77-4F2B-9B54-1DF6DB423352