HomeMy WebLinkAboutCC Resolution 10620 (Bocce Ball Facility Agreement)RESOLUTION NO. 10620
A RESOLUTION AUTHORIZING THE EXECUTION OF THE AMENDED
FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT
PARK BOCCE BALL COMPLEX
(FROM 1/1/2000 UNTIL 12/31/2005)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as
follows:
WHEREAS, the Marin Bocce Federation partnered with the City of San
Rafael to install the Albert Park Bocce Ball Complex; and
WHEREAS, The Marin Bocce Federation operates the Albert Park Bocce
Ball Complex producing community bocce programs; and
WHEREAS, The City of San Rafael wishes to enter into an agreement
with the Marin Bocce Federation for the continuance of operation for the
next five years;
NOW HEREBY BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, the Amended Facility Use and Management
Agreement for the Albert Park Bocce Ball Complex, a copy of which is
hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of said city held on
Monday, the 3rd of April, 2000 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Phillips
JEANki M. LEONCINI, CITY CLERK
AMENDED FACILITY USE AND MANAGEMENT AGREEMENT
FOR THE ALBERT PARK BOCCE BALL COMPLEX
This amended agreement is made and entered into this 3rd day of
APRIL , 2000, by and between the City of San Rafael, herein referred to as "City",
and the Marin Bocce Federation, a private, non-profit corporation herein referred to as
"Federation".
RECITALS
The City, after significant community input, prepared a renovation plan for Albert
Park in 1993. As part of that renovation project, the Federation agreed to build six bocce
ball courts (herein referred to as "Complex") at Albert Park. The construction of said
courts, costing $450,000.00, with little City expenditure, was completed in 1994. Two
additional bocce courts were approved and installed in 1998, at a cost of $200,000.00
borne by the Federation.
The Federation, an organization promoting public participation in the play of
bocce ball in order to promote social and physical well-being of the local community, and
the City, entered into an agreement in December of 1994, for the Use and Management of
the Complex.
The City and the Federation now desire to renew and extend the agreement for the
Use and Management of the Albert Park Bocce Complex so as to continue to enhance the
recreational activities of its citizens and to promote the general health, safety and welfare
by encouraging the public use of the Complex.
The City believes its goal of promoting the general welfare can best be achieved
by extending the agreement for the Federation to use and manage the Complex.
Now, therefore, the City and Federation hereby agree as follows:
AGREEMENT
Section 1: The Complex.
The Complex, which is the subject of this Facility Use and Management
Agreement, is defined as the area in Albert Park containing eight bocce ball courts, two
arbors, patio, restroom facilities, fountain, interior and exterior landscaping, irrigation,
fence and gates as is more specifically designated in Exhibit "A", attached hereto and
incorporated herein. This definition of "Complex" may only be changed upon the parties
written amendment to this Agreement.
Section 2: Duties and Resvonsibilities of Federation.
2.1: Federation shall, during the term of this Agreement, maintain its status as a
private, non-profit corporation pursuant to IRS Section 501(c)(3), or any subsequent
regulation. Proof of status is included in Exhibit `B", attached and incorporated herein.
2.2: Federation shall routinely and regularly, at its sole expense and resources,
manage and maintain Complex, and all its related equipment and furnishings, in
accordance with the specifications and requirements enumerated in Exhibit "C" attached
hereto and incorporated herein. Federation shall be responsible for property damage due
to normal wear and tear, minor vandalism and graffiti for amounts up to $5,000 per
occurrence.
2.3: Federation shall establish, organize, promote, conduct and supervise bocce
ball leagues, lessons, tournaments, casual play for any member of the public who wishes
to engage in such organized bocce ball activities. Federation shall not prevent any
member of the public from participating in any or all Federation activities.
2.4: Federation shall develop reasonable rules and procedures for persons using
Complex, subject to the review and approval of the Park and Recreation Commission and
the Director of Community Services. Such rules shall be in conformity with and shall not
conflict with any other rules and regulations governing the use of the City's parks and
facilities.
2.5: Federation shall, on February ? of each year, provide the Director with a
complete schedule of all Federation organized activities (leagues, lessons, and
tournaments) which will require Federation's organized use of the Complex. Director
shall coordinate City's programs and activities to avoid conflicts with Federation's
activities. Changes to the submitted schedule of events shall be upon written notification
and agreement of the parties.
2.6: Federation shall establish a reasonable fee schedule for persons participating
in its organized activities (leagues, lessons, and tournaments), rental uses of the facilities,
and fees for use of equipment, subject to the review and approval of the Director. This
fee schedule shall be uniformly applied to all persons participating in Federation's
organized activities. Federation shall not discriminate between Federation members and
the public generally.
2.7: Federation shall be responsible for collection and disbursement of program
and rental fees generated by Federation and its organized activities. The fees collected
shall be used primarily for Federation programs, maintenance costs, capital improvements
and repayment of City loans. The City reserves the right to conduct City -organized bocce
programs that compliment the Federation activities at no fee to the Federation.
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2.8: Federation shall provide monitors, attendants or other supervisory personnel
for its programs and organized activities. Federation shall not be required to provide
monitors, attendants, or other supervisory personnel for City -organized or non -Federation
bocce programs.
2.9: Federation shall comply with all requirements and conditions of its Permit
for Possession and Consumption of Beer and Wine, granted by the Director under the San
Rafael Municipal Code Section 2.16.028 (18), Exhibit "D" hereto attached.
2.10: Federation shall notify the Community Services Department at least 60
days in advance, of Federation events, programs or organized activities, involving more
than 100 participants. In such cases, Federation shall, at its sole expense, prepare a
parking plan for the Complex, Albert Park, and San Rafael Community Center for the
dates affected. Said plan shall be provided to the City for review and approval. Federation
shall at its sole expense, implement said plan.
2.11: Federation shall complete, on or before December 30, 2001, installation of
trees, landscape and irrigation and related items as per the Complex landscape plan,
attached hereto and incorporated herein as Exhibit "E".
Section 3. Duties and Responsibilities of Citv.
3.1: City shall permit the Federation use of the Complex for its organized
activities pursuant to the submitted schedules and subject to the provisions outlined in
this Agreement.
3.2: City shall cooperate with Federation in the promotion and supervision of its
organized activities.
3.3: Subject to the City's limitations of budget and other resources, City shall
rebuild and/or repair Complex in the event it is damaged by acts of God, vandalism or
intentional or negligent acts of third parties in excess of $5,000. Both parties understand,
acknowledge and agree that because of fiscal constraints of the City,agreed repairs are
contingent upon the City having funds available for this purpose.
Section 4. Compensation.
4.1: In exchange for Federation's a) contribution of $650,000 worth of park
improvements and b) its ongoing maintenance of Complex(@ $8,000 per year, City shall
waive facility use fees for Complex for the term of this Agreement. Upon any renewal of
this Agreement, the parties shall re -negotiate the terms of compensation.
4.2: Any improvements to Complex must conform to the approved Albert Park
Masterplan, to any and all applicable Federal and State laws and regulations, and to the
City's zoning, building and other codes. Such improvements shall be constructed only
after Federation has obtained all applicable permits. Any proposed improvement or
modification to the Complex shall be reviewed and approved by the Park & Recreation
Commission and the City Council in addition to any other requirement.
Section 5. Renavment of Citv Loans
5.1: On or before June 30 of each year, beginning June 30, 2000, Federation shall
pay to City an annual payment, of $5,000 towards the retirement of the construction
loan totaling $45,000.00, which includes the $10,000 loan for repair of courts E and F,
until said loan is repaid in M.
5.2: On or before September 30, 2000, Federation shall pay to the City
$10,000.00, in full and complete repayment of the loan by City to the Federation for the
installation of the exterior fence.
Section 6. Reports and Audits.
6.1: No later than February 151 of each year, Federation shall provide to the Park &
Recreation Commission a report containing the following:
a) A comprehensive status report describing all organized activities conducted
and supervised during the previous year;
b) A detailed proposal of site improvements, including the estimated costs, time
for completion and funding sources;
c) Recommendations regarding the operation of the Complex.
6.2: Federation shall maintain books, statements, ledgers, accounts and all other
documents related to its management and use of complex under this Agreement.
6.3: City shall have the right, upon reasonable notice, to obtain access to,
review, and to audit Federation's books, statements, ledgers, accounts, and all other
documents relating to its management and use of Complex under this Agreement.
6.4: Federation shall provide to the Director a copy of its annual financial
statement as regularly prepared.
Section 7. Term.
The term of this Agreement shall be from January 1, 2000 until December 31,
2005, inclusive, subject to earlier termination pursuant to Section 8. Upon expiration, the
term of this Agreement may be renewed for five (5) additional years if:
a) Federation has complied with all the terms and conditions of this Agreement
and of any alcohol permit issued to it.
b) Federation and City have agreed, prior to expiration, to the Federation's
compensation to City for the additional term.
c) There are no other changes to the terms and conditions of the Agreement.
Section 8. Termination of Aareement.
8.1: If, upon sixty days (60) written notice of deficiency in performance, the party
so notified fails to correct the deficiency, the party giving notice may terminate this
Agreement. Deficiency in performance shall be defined as any of the following:
a) Failure of a party to perform or comply with all of the terms and conditions of
this Agreement.
b) The financial insolvency of the Federation as evidenced by
1) any filing for reorganization under the bankruptcy statutes or otherwise
being named as a debtor in such proceeding, which is not set aside within thirty
days of filing, or
2) any audit
3) the dissolution of the Federation.
Section 9. Indemnity.
Federation shall defend, indemnify and hold harmless City, its officers,
employees, agents and volunteers from and against any and all claims, demands, losses,
or liability which may be alleged by any person, or by Federation, for injury to, or death
of persons or damage to property, however arising, from the obligations and actions of
Federation, its officers, employees, agents or volunteers under the terms of this
Agreement, excepting only the sole gross negligence or willful misconduct of City.
Federation assumes all responsibility for damages to property or for injuries to persons
a)directly or indirectly caused by services or equipment provided by Federation under the
terms of this Agreement, b)occurring in or on any portion of the Complex during any and
all Federation -sponsored events, or c) caused by the condition of the Complex.
Section 10. Insurance.
10.1: Federation at its sole cost and expense, shall obtain and maintain, during the
life of this agreement, such public liability insurance in the amount of $1,000,000,
satisfactory in form to the City, and with the City, its officers, employees, agents and
volunteers added as additional named insureds, as shall protect Federation and City its
officers, employees, agents and volunteers from claims for damages or personal injury,
including accidental death as well as for claims for property damage with may arise from
or out of this Agreement, whether by Federation, its officers, agents, employees,
volunteers or subcontractors.
10.2: Each such policy of insurance described in Section 10.1 shall be endorsed
to provide as follows:
a) It is agreed that any insurance maintained by the City shall apply in excess and
not contribute with insurance provided by this policy
b) It is further agreed that the coverage's afforded shall apply as if separate
policies were issued to each (gross liability).
c) All rights or subrogation are hereby waived against the City of San Rafael and
the members of its City Council and elective or appointive officers or employees,
when acting within the scope of their employment or appointment.
d) This insurance shall not be canceled, limited or non -renewed until after
thirty (30) days written notice has been given to the City.
10.3: A duly executed Certificate of Insurance, evidencing all of the coverages
required herein, shall be submitted on the City of San Rafael form, a copy of which is
attached as Exhibit "F", to the City's Risk Manager.
10.4: A properly executed endorsement for the additional coverages and
conditions required herein, must be signed by the insurance companies named, and
provided to the City's Risk Manager promptly upon issuance.
Section 11. Independent Contractor.
It is understood and agreed that the Federation, in its performance of the duties
and obligations under this Agreement, shall act as and shall be an independent contractor
and not an agent or employee of the City. As such, Federation, its employees, agents and
volunteers shall obtain no rights or benefits which accrue to City employees. Federation
expressly waives any claims it, its employees, agents or volunteers may have to any such
rights or benefits.
Section 12. Assimability: No Third Partv Beneficiaries.
12.1: Federation shall not assign or transfer any interest in this Agreement, nor its
duties and obligations under this Agreement, without the prior written consent of the
City, and any attempt by Federation to so assign this Agreement, or any rights, duties, or
obligations arising hereunder, shall be void and of no effect.
12.2: Neither party shall assign or transfer its rights to enforce any part of this
Agreement. The obligation of the City and the obligations of the Federation stated in this
Agreement are not intended to, and do not, create any rights to any other person or entity
which such person or entity would not otherwise have in the absence of this Agreement.
Section 13. Compliance With All Laws: Non-discrimination.
Federation shall comply with all applicable laws, ordinances, codes, and
regulations of the State, Federal and local governments. Federation shall not
discriminate, in any way, against any person, on the basis of age, sex, race, color, creed,
or national origin in connection with or related to the performance of this Agreement.
Section 14. Authoritv.
Each party represents that it has duly approved the signing of this Agreement
and has duly authorized the person named below to sign this Agreement on its behalf in
accordance with applicable law. Each such named person personally warrants that he/she
has such approval and authority.
Section 15. Waiver.
Federation understands and agrees that waiver by the City of any breach or
violation of any term or condition of this Agreement shall not be deemed to be a waiver
of any other term or condition contained herein or a waiver of any subsequent breach or
violation of the same or any other term or condition. The acceptance by the City of the
performance of any duty or obligation by Federation shall not be deemed to be a waiver
of any term or condition of this Agreement.
Section 16. Notices.
All notices and other communications required or permitted to be given under this
Agreement shall be in writing and shall be personally served or mailed, postage prepaid
addressed to the responsive parties as follows:
To City: City of San Rafael Attn: Director, Community Services
P.O Box 151560
San Rafael, California 9415-1560
To Federation: Marin Bocce Federation
P.O. Box 150392
San Rafael, California 94915-0392
Notice shall be deemed effective on the date personally delivered or, if mailed, upon
deposit in the mail.
Section 17. Whole Agreement.
This Agreement, including all Exhibits attached hereto, represents the entire
understanding of the parties as to those matters contained herein. No prior oral or written
7
representation or understanding shall be of any force or effect with respect to those
matters covered hereunder. This Agreement may only be modified by a written
amendment executed by the parties to this Agreement.
Section 17. Attorney's Fees.
In the event litigation is initiated to enforce or interpret this Agreement, the
prevailing party shall be entitled to recover its attorney fees and costs, including witness
and expert fees.
City of San Rafael
By ;
AlbekJ. BXro, May
J4
Attest:
hreM.giP
M..,.—Leoncini, City Clerk
Approve As To Content:
Carlene McCart, Director,
San Rafael Community Services
Marin Bocce Federation
Dolly Na e, President
Approved as to Form:
Gary T.
Attached: Exhibit "A" Bocce Ball Complex Diagram
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, City AttoYney
Exhibit `B" Proof of Non Profit Status
Exhibit "C" Maintenance and Repair Responsibilities
Exhibit "D" Permit for the Possession and
Exhibit "E" Proof of Insurance
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INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P. 0. BOX 2508
CINCINNATI, OH 45201
Dace: )JUL V 7 1999
MARIN BOCCE FEDERATION
C/O DAVID M HELLMAN
550 B ST
SAN RAFAEL, CA 94901-3858
EXHIBIT B
DEPARTMENT OF TETE TREASURY
Employer Identification Number:
68-0311346
DLN:
170531427660339
Contact Person:
FRANCIS E BERNHAR.DT TD# 31258
Contact Telephone Number:
(677) 829-5500
our Letter Dated:
APRIL 12, 1995
Addendum Applies.
NO
Dear Applicant:
This modifies our letter of the above date in which we staved that you
would be treated as an organization that is not a private foundation until the
expiration of your advance ruling period_
Your exempt status under section 501(a) of the Internal Revenue Code as an
organization described in section 501(c)(3) is still in effect. Based on the
information you submitted, we have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
organization of the type described in section 509 (a) (1) and 170 (b) (1) (A) (vi) .
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
lose your section 509(a)(1) status, a grantor or contributor may not rely on
this determination if he or she was in part responsible for, or was aware of,
the act or failure to act, or the substantial or material change on the part of
the organization that resulted in your loss of such status, or if he or she
acquired knowledge that the Internal Revenue Service had given notice that you
would no longer be classified as a section 509(a)(1) organization.
If we have indicated in the heading of this letter that an addendum
applies, the addendum enclosed is an integral part of this letter.
- Se2:ause thick r-er-coula hdlp rzsolve auy questions 'aboilt your private
foundation status, please keep it in your permanent records.
If you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
District rector
Letter 1050 (DO/CG)
INFERNAL REVE_VLTE SERVICE
DISTRICT DIRECTOR
2 CUPANIA CIRCLE
MONTEREY PARK, CA 91755-7406
Date_
{SPR I `? 1SIES
THE MARIN BOCCE FEDERATION
P O BOX 150392
SAN RAFAEL, CA 94915-0392
Dear Applicant:
DEPARTMENT OF = TREASURY
Employer Identification Number_
68-0311346
Case Number:
955066032
Contact Person:
DANIEL HUM
Contact Telephone Number:
(213) 725-6619
Accounting Period Ending:
December 31
Foundation Status classification:
1"70(b) (1) (A) (vi)
Advance Ruling Period Begins:
February 1, 1994
Advance Ruling Period Ends:
December 31, 1998
Addendum Applies:
No
Based on information you supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined you
are exempt from federal income tax under section 501(a) of the Internal Revenue
Code as an organization described in section 501(c)(3).
Because you are a newly created organization, we are not now making a
final determination of your foundation status under section 509(x) of the Code -
However, we have determined that you can reasonably expect to be a publicly
supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi)
Accordingly, during an advance ruling period you will be treated as a
publicly supported organization, and not as a private foundation. This advance
ruling period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you must
send us the information needed to determine whether you have met the require-
ments of the applicable support test during the advance ruling period. If you
establish that you have been a publicly supported organization, we will classi-
fy you as a secmion 309(a)(1) or 509(a)(2) organization as long as you continue
to meet the requirements of the applicable support test. If you do not meet
the public support requirements during the advance ruling period, we will
classify you as a private foundation for future periods. Also, if we classify
you as a private foundation, we will treat you as a private foundation from
your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a
private foundation until 90 days after the end of your advance ruling period_
If you send us the required information within the 90 days, grantors and
contributors may continue to rely on the advance determination until we make
a final determination of your foundation status.
if we publish a notice in the Internal Revenue Bulletin stating that we
Letter 1045 (DO/CG)
-2 -
THE MARIN BOCCE FEDERATION
will no longer treat you as a publicly supported organization, grantors and
contributors may not rely on this determination after the date we publish the
notice. In addition, if you lose your status as a publicly supported organi-
zation, and a grantor or contributor was responsible for, or was aware of, the
act or failure to act, that resulted in your loss of such status, that person
may not rely on this determination from the date of the act or failure to act.
Also, if a grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organization, then
that person may not rely on this determination as of the date he or she
acquired such knowledge.
If you change your sources of support, your purposes, character, or method
of operation, please let us know so we can consider the effect of the change on
your exempt status and foundation status._ If you amend your organizational
document or bylaws, please send us a copy of the amended document or bylaws.
Also, let us know all changes in your name or address.
As of January 1, 1984, you are liable for social security taxes under
the Federal Insurance Contributions Act on amounts of $100 or more you pay to
each of your employees during a calendar year_ You are not liable for the tax
imposed under the Federal Unemployment Tax Act (F[TTA).
organizations that are not private foundations are not subject to the pri-
vate foundation excis® taxes under Chapter 42 of the Internal Revenue Code.
However, you are not automatically exempt from other federal excise taxes_ If
you have any questions about excise, employment, or other federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you
or for your use are deductible for Federal estate and gift tax purposes if they
meet the applicable provisions of sections 2055, 2106, and 2522 of the Code_
Donors may deduct contributions to you only to the extent that their
contributions are gifts, with no consideration received. Ticket purchases and
similar payments in conjunction with fundraising events may not necessarily
qualify as deductible contributions, depending on the circumstances. Revenue
Ruling 61-246, published in Cumulative Bulletin 1967-2, on page 104, gives
guidelines regarding when taxpayers may deduct payments for admission to, or
ocher participation in, fundraising activities for charity_
you are not required to file Form 990, Return of Organization Exempt From
Income Tax, if your gross receipts each year are normally $25,000 or less. 1f
you receive a Form 990 package in the mail, simply attach the label provided,
check the box in the heading to indicate that your annual gross receipts are
normally $25,000 or less, and sign the return.
If you are required to file a return you must file it by the 15th day of
the fifth month after the end of your annual accounting period. We charge a
penalty of $10 a day when a return is filed late, unless there is reasonable
Letter 1045 (DO/CG)
1
3
THE MARIX BOCCE FEDERATION
cause for the delay. However, the maximum penalty we charge cannot exceed
$5,000 or 5 percent of your gross receipts for the year, whichever is less. we
may also charge this penalty if a return is not complete. So, please be sure
your return is complete before you file it.
You are not required to file federal income tax returns unless you are
subject to the tax on unrelated business income under section 511 of the code.
if you are subject to this tax, you must file an income tax return on Form
990-T, Exempt Organization Business Income Tax Return. In this letter we are
not determining whether any of your present or proposed activities are unre-
lated trade or business as defined in section 513 of the Code.
You need an employer identification number even if you have no employees.
if an employer identification number was not entered on your application, we
will assign a number to you and advise you of it. Please use that number on
all returns you file and in all correspondence with the Internal Revenue
Service.
If we said in the heading of this letter that an addendum applies, the
addendum enclosed is an integral part of this letter.
Because this letter could help us resolve any questions about your exempt
status and foundation status, you should keep it in your permanent records.
if you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter_
Sincerely ours,
Richard R..Orosco
District Director
Letter 1045 (DO/CG)
EXHIBIT C
Marin Bocce FedL .ion Maintenance and Repair I —,ponsibilities for the
Albert Park Bocce Court Complex
The following list outlines the required tasks to be completed by the Marin Bocce
Federation to maintain the bocce court complex at Albert Park.
The intent of the list is to outline the agreed upon maintenance tasks necessary to
keep the court area safe and clean for public and Marin Bocce Federation uses.
1) Litter removal at least twice per week and garbage collection services at least once
per week.
2) Hard surface cleaning at least once a week.
3) Bocce court surface cleaning at least once a week.
4) Weeding -hand weeding a minimum of 3 times per year and seasonal pre -emergent
spraying as needed.
5) Pruning: a) Trees- once per year -sycamore (palard 18 trees) -Pears (6) -Cypress (21)
b) Shrubs - twice per year.
6) Fertilize plant areas, at a minimum once per year, and more often as needed.
7) Irrigation - MBF is responsible for programming the irrigation system, for day to
day adjustment of the irrigation heads and routine checks of the system. MBF is also
responsible for repairs due to MBF negligent maintenance, abuse, misuse or other
neglect. City parks department will be responsible for major repairs to the irrigation
system and the major connections to Albert Park. (Major repairs -examples- replace
sprinkler heads, main line repairs, valve or controller repairs.)
8) Structures - MBF will conduct routine maintenance as needed of the arbors, paths,
walls, benches, fountains and court amenities.
9) Drain Maintenance - MBF will keep court and patio drainage lines cleared and
maintained (ie: remove debris, leaves from drain inlets and catch basins ) on a weekly basis.
City will be responsible for drain line connections to Albert Park main drain lines.
10) Vandalism - MBF will be responsible for repair of day to day vandalism to the
"Complex" (ie: graffiti, or marring of the courts) as per the agreement terms.
EXHIBIT D
City of San Rafael
PERMIT FOR POSSESSION AND CONSUMPTION
OF BEER AND WINE IN BOCCE BALL COMPLEX
AT ALBERT PARK
The City of San Rafael hereby permits the Marin Bocce Federation and persons
registered to participate and participating in the Federation leagues and organized
activities, to possess and consume beer and wine on the Bocce Court Complex in Albert
Park. This permit is granted by the Director of Community Services as authorized by
Sections 2.16.028 (18) and 8.18.030B of the San Rafael Municiaal Code; and is issued to
the Federation subject to following terms and conditions:
1. This permit shall expire on December 31, 2005.
2. Possession and consumption of beer and wine shall only occur during the Federation
sponsored, organized, and supervised activities, between the hours of 10:00 a.m. and
10:30 p.m. and only in the Bocce Complex at Albert Park.
3. The Federation shall be responsible for compliance with any and all other federal,
state, and local regulations regarding the possession and use of alcohol.
4. The Federation shall not sell or furnish alcoholic beverages, nor allow or permit
participants to sell or furnish alcoholic beverages to any person at any time in Albert
Park.
5. The Federation understands. acknowledges and agrees that this permit is revocable by
the City at any time without cause, upon forty-eight (48) hour notice. This permit
may be immediately and automatically revoked upon violation of any of the terms
and conditions of this permit or upon any violation of law by the Federation or its
participants.
6. Federation shall have a supervisor or manager or other responsible organization
official at the Complex when the alcohol permitted under this permit is being
possessed or consumed. Said official shall be responsible to monitor conduct and
shall immediately notify law enforcement should dangerous or unlawful conduct
occur.
7. Federation shall notify in writing all registered participants in its organized activities
as to the terms and conditions of this permit. Such writings shall include, but not be
limited to, notices posted at the Complex, and a statement of these terms and
conditions in the Federation's Rules and Regulations.
8. Federation shall, at its sole cost and expense, obtain and maintain during the term of
this permit and for any extension thereof, a commercial general liability insurance
policy with a minimum occurrence coverage in the amount of $1,000,000 to cover
any and all claims of whatever nature, arising out of the activities of the Federation
under this permit and out of the Federation's use and management of the Complex.
All insurance shall name the City, its officers, agents, volunteers and employees as
additional named insureds under said policy and shall comply with all of the
requirements of section 10 of the Facilitv Use and Management Agreement.
I, , the of the Marin Bocce Federation, have read,
understand and accept, on behalf of the Federation, the terms and conditions of this
permit. I represent that I have the authority to bind the Marin Bocce Federation to the
terms and conditions of this permit.
Date: Marin Bocce Federation
ACOI?D LtK i l -I(;A' '- UI' LIAbiLI I_Y INSUF NN(;t; ID
u~03/13/010
PRODUCER THIS CERTIFICATE I )UED AS A MATTER OF INFORMATION
Gol,den Gate Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CA License #0708905 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4r" 0 Civic Center Dr, Ste 520 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Rafael CA 94903
Pnone: 415-479-1800 Fax:415-492-1671 INSURERS AFFORDING COVERAGE EXHIBIT E
INSURED INSURER A: Nonprofits' Insurance Alliance
INSURER B:
The Marin Bocce Federation INSURER
550 B Street INSURER D:
San Rafael CA 94901
I I INSURER E
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE POLICY NUMBER POLICY
ATE (M/NEFFECTIVE DATE (M/D/Y) EXPIRATION LIMITS
GENERAL LIABILITY I EACH OCCURRENCE $1000000 Ij
A X COMMERCIAL GENERAL LIABILITY 996143NPO 08/14/99 08/14/00 FIRE DAMAGE (Any one fire) S100000
I CLAIMS MADE a OCCUR I MED EXP (Any one person) $10000
_ I PERSONAL & ADV INJURY $1000000
I GENERAL AGGREGATE S lOOOOOO
GEN'LAGGREGATE LIMIT APPLIES PER:
I PRODUCTS•COMP/OPAGG
$1000000
POLICYF—] JECT n LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
S
ANY AUTO
(Ea aaeldena
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per Person)
$
HIRED AUTOS
BODILY INJURY
S
NON -OWNED AUTOS
(Per &=iderrO
—
PROPERTY DAMAGE
S
(Pareccidenq
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
S
ANY AUTO
OTHER THAN EA ACC
S
AUTO ONLY: AGG
$
EXCESS LIABILITY
EACH OCCURRENCE
$
7 OCCUR E� CLAIMS MADE
AGGREGATE
$
S
DEDUCTIBLE
$
RETENTION S
S
WORKERS COMPENSATION AND
IUIH-
TORY (LIMITS I ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY OMIT
S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
(*Except 10 days notice of cancellation for non-payment of premium)
Certificate holder is named as Additional Insured, per form CG2011 attached.
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER:
SANRAFA
City of San Rafael
P.O. Box 151560
San Rafael CA 94915
I
ACORD 25-S (7197)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Philip T.agtret.o MV C; ix -,Z;9
QACORD CORP6RATION 1988
Nonprofits' Insurance
Alliance of California
A MEAD KX ►BANG ... A MEA[i KX NCN OrM
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Designation of Premises (Part Leased to You):
2. Name of Person or Organization (Additional Insured): Any person or organization acting as a manager or lessor of a
covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or
agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance
naming that person or organization as additional insured has been issued.
Additional Premium: Included
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable
to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include
as an insured the person or organization shown in the
Schedule but only with respect to liability arising out of the
ownership, maintenance or use of that part of the premises
leased to you and shown in the Schedule and subject to the
following additional exclusions:
CG 2011 (11/85)
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to
be a tenant in that premises.
2. Structural alterations, new construction or demolition
operations performed by or on behalf of the person or
organization shown in the Schedule.