Loading...
HomeMy WebLinkAboutA5152 - PALM SPRINGS AIR MUSEUM LICENSE 4 ACRE PARCEL SHORT TERM OVERFLOW PARKING USE Palm Springs Air Museum LICENSE AGREEMENT License —4 acre parcel 4 ACRE PARCEL ADJACENT To AGREEMENT A5152 PALM SPRINGS AIR MUSUEM MO 7732 09-07-05 This License Agreement (hereinafter referred to as "License") is made by and between the City of Palm Springs, a California Charter City (hereinafter referred to as "City"), and the Palm Springs Air Museum, Inc., a California non-profit corporation (hereinafter referred to as "Licensee"). City is the owner of a four acre vacant parcel of property generally located to the north of and adjacent to the Palm Springs Air Museum (the "Museum"), owned and operated by the Licensee. The property is more specifically described on Exhibit "A" to this License (the "Property"). The Property is currently vacant land, planned for future airport use and development. The City, however, does not have any immediate or imminent use or development plans for the Property and the City is willing to make it available for a short term use, involving minimal improvements. Licensee desires to use the Property for overflow parking uses on an interim, short term basis and is willing to make certain limited improvements and assume certain risks and liabilities as provided in this License. Section 1. Grant of License. City hereby grants to Licensee a license to enter upon and use the Property for the limited purposes of providing overflow vehicle parking for employees and guests of Licensee in conjunction with events and activities conducted at the Museum. Section 2. Term of License. This License shall remain in full force and effect until terminated by either of the parties hereto, by providing thirty (30) days written notice to the other party of such termination. This License is terminable at will and may be terminated for convenience and without cause. Upon termination of this License, the Licensee shall, at Licensee's sole cost and expense, restore the Property to its condition as of the effective date of this License, unless otherwise directed in writing by the City's Director of Aviation. Section 3. Investigation and Condition of the Property. Licensee acknowledges that it has had full access to the City's files concerning the Property, as well as the Property itself, and has undertaken its own investigation of the Property. Licensee has reviewed the City's records concerning the condition of the Property and has had adequate access to the Property to make its own judgment regarding the suitability of the Property for the Licensee's contemplated use. Licensee acknowledges that it has access to the Property in an "as is" condition under this Agreement, and that City makes no representation or warranty concerning the physical, environmental, geotechnical, or other condition of the Property, and the suitability of the Property for the overflow museum parking use. Licensee specifically DetIGIE° AL BO 206421.1 Page 1 of 7 ANWOR AGRERIVJLlk r acknowledges that no officer, official, employee, consultant, or agent of the City has made any representation or warranty of any nature concerning the Property, including, without limitation, topography, climate, air, water rights, utilities, present and future zoning, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the Site is suited, or drainage. Licensee further agrees that it shall be responsible for the condition of the Property it creates or causes while Licensee is utilizing the Property. All obligations of Licensee under the terms of this Licensee, including the installation and maintenance of any improvements on the Property, shall be at the sole cost and expense of the Licensee. Section 4. Licensee's Obligations. In consideration of City's agreement to allow entry into the Property, Licensee agrees to the following: A. The parties acknowledge that the security of the public and the Property is a priority. For this reason, Licensee shall implement safeguards to minimize security breaches and to prevent the general public (not including employees and guests of the Licensee) from accessing the Property. Prior to commencement of use activities, Licensee shall install a chain link fence around the perimeter of the ancillary museum vehicle parking Site to prevent the general public from accessing the Property. During the term of the License, Licensee shall maintain the fencing. Licensee shall be solely responsible for the cost of installing, maintaining, and providing any security necessary in connection with this License. Licensee shall undertake such other reasonable security measures as City's Director of Aviation requests in writing to Licensee. B. Licensee shall install and maintain minimal parking improvements, including surface treatments and stripping as approved by the Director of Aviation. The Licensee shall give the City twenty-four hours prior written notice of Licensee's commencement of work on the Property. Licensee shall issue periodic written reports to City to keep City informed on the progress of the work. C. Maintain the Property in a good, clean, and safe condition and shall not use the Property in a manner that will unreasonably interfere with City's rights in the Property or the City's ability to use any adjacent property of the City. Section 5. Assumption of All Risks and Liabilities. A. Licensee, as a material part of the consideration to City, hereby assumes all risks and liabilities arising out of or relating to the remediation and/or use of the Property including, without limitation, injury to persons in, upon or about the Property during Licensee's use of the Property or arising from any use of or work undertaken upon the Property or other activities of Licensee or Licensee's employees, contractors, agents, representatives, guests or invitees ("Licensee's Parties") on the Property. Licensee hereby waives all claims with respect thereof against City. B. City shall not be liable for any injury to the Property or injury to or death of any of Licensee's Parties, or injury or death to any trespasser, or injury to or death of 206421.1 Page 2 of 7 any other person in or about the Property from any cause except to the extent caused by the negligence or willful misconduct of the City, the City or the City or City's Licensee's employees, contractors, agents, representatives, guests or invitees. Section 6. Release and Indemnification by Licensee. Licensee shall release, indemnify, defend (with counsel designated by City), protect, and hold harmless City and City's officers, officials, employees, consultants, and agents from and against any and all claims, including Environmental Claims, Environmental Cleanup Liability, and Environmental Compliance Costs Concerning Hazardous Materials, demands, judgments, actions, damages, losses, penalties, liabilities, costs, and expenses (including, without limitation, attorney's fees and court costs) arising from or in connection with (1) the performance of any obligation by Licensee under the terms of this Agreement, (ii) Licensee's use of the Property, or (iii) the conduct of Licensee's business or any activity, work or things done, permitted or suffered by Licensee in or about the Property, except to the extent caused by City's sole negligence or willful misconduct. For purposes of this Section, the following terms shall have the following meanings: "Environmental Claim" means any claim for personal injury, death and/or property damage made, asserted or prosecuted by or on behalf of any third party, including, 'without limitation, any governmental entity, relating to the Property or its operations and arising or alleged to arise under any Environmental Law. "'Environmental Cleanup Liability" means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the Property, including the ground water there under, including, without limitation, (A) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therewith and (B) any cost, expense, loss or damage incurred with respect to the Property or its operation as a result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup or abatement. "Environmental Compliance Cost" means any cost or expense of any nature whatsoever necessary to enable the Property to comply with all applicable Environmental Laws in effect. "Environmental Compliance Cost" shall include all costs necessary to demonstrate that the Property is capable of such compliance. "Environmental Law" means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of persons, including employees, to Hazardous Materials or other pro-ducts, raw materials, chemicals or other substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical sub- stances from industrial or commercial activities, or (D) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal. 206421.1 Page 3 of 7 "Hazardous Material" is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is: (A) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (B) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections 25115, 25117 or 251227, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (C) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (D) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Sections 25501 Q) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (E) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (F) "used oil" as defined under Section 25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (1) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (J) designated as a "toxic pollutant" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317; (K) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M) defined as "Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; or (N) defined as such or regulated by any "SuperFund" or "Superlien" law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or underground storage tanks, as now, or at any time here-after, in effect. Section 7. Insurance. Prior to the commencement of use of the Property, Licensee will provide City with proof of insurance, at Licensee's sole cost and expense, to remain in full force and effect during the entire term of this License. The following policies of insurance shall be maintained: A. Workers' Compensation Insurance. Workers' Compensation Insurance in an amount required by the laws of California and Employer's Liability Insurance in an amount not less that,ONE MILLION DOLLARS ($1,000,000) combined single limit for all damages arising from each accident or occupational disease. B. Commercial General Liability. Commercial General Liability Insurance written on a per-occurrence and not a claims-made basis in an amount not less that ONE MILLION DOLLARS ($1,000,000) combined single limit. C. Automobile Liability Insurance. A policy of comprehensive automobile liability insurance written on a per-occurrence basis in an amount not less than TWO 206421.1 Page 4 of 7 MILLION DOLLARS ($2,000,000) combined single limit covering all owned, non-owned, leased, and hired vehicles used in connection with operations occurring on the Property. D. Other Insurance. Such other policies of insurance including, but not limited to, casualty insurance, business interruption insurance and fidelity insurance, as may be required by the Director of aviation due to the nature of Licensee's operations. E. General Provisions. All of the foregoing policies of insurance shall name the City as an additional insured and shall be primary insurance and any insurance maintained by City shall be excess and non-contributing. Each insurer of Licensee shall waive all rights of contribution and subrogation against City and its respective insurers. Each of such policies of insurance shall name City and its affiliated entities, and their respective officers, directors, agents, and employees. All policies of insurance required to be obtained by Licensee hereunder shall be issued by insurance companies authorized to do business in California and must be rated no less than B+:VII or better in Best's Insurance Guide. Prior to engaging in any operations hereunder, Licensee shall deliver to City certificate(s) of insurance evidencing the coverages specified above. Such policies shall not be cancelled or materially altered to the detriment of City or Licensee without the insurer providing City with 30 days' written notice. Section 8. License Not Assignable. This License shall become effective on the effective date and is personal to the Licensee and is not assignable. Any attempt by Licensee to assign this Agreement shall be void and shall cause the immediate termination of this Agreement. Section 9. Waste, Damage, or Destruction; Surrender of Property. The Licensee shall not allow any waste, damage, or destruction to occur on the Property. If this Agreement terminates, upon such termination, Licensee, as its sole expense, shall repair any waste, damage, or destruction and shall restore the Property to that condition existing prior to Licensee's use of the Property, waste, damage, or destruction. Section 10. Government Approvals; Compliance with Laws. Licensee, at its sole cost and expense, shall obtain all permits and approvals required from any governmental or quasi-governmental City having jurisdiction with respect to the use and related activities as set forth in the agreement. Section 11. Governing Law. This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Section 12, Attorney's Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall 'be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, ,and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 206421.1 Page 5 of 7 Section 13. Severability. If any paragraph, section, sentence, clause of phrase contained in this Agreement shall become illegal, null or void, against public policy, or otherwise unenforceable, for any reason, or held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining paragraphs, sections, sentences, clauses or phrases contained in the Agreement shall not be affected thereby. Section 14. Waiver. The waiver of any breach of any provision hereunder by City or Licensee shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. No failure or delay of any Party in the exercise of any right given hereunder shall constitute a waiver thereof nor shall any partial exercise of any right preclude further exercise thereof. Section 15. Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. Section 16, Notice. Any notice required or permitted to be given hereunder shall be in writing and signed by the Party, officer or agent of the Party to whom it is to. be sent, and shall be either: (a) personally delivered to the Party to whom it is to be sent, or (b) sent via overnight courier services, or (c) sent via certified or registered mail, return receipt requested, postage prepaid to the respective addresses, or such other addresses as the Parties may specify in writing: To City: Palm Springs International Airport of the City of Palm Springs 3400 East Tahquitz Canyon Way, Suite OFC Palm Springs, California 92262 Attn: Director of Aviation To Licensee: Palm Springs Air Museum 745 N. Gene Autry Trail Palm Springs, California 92262 Attn: President/Museum Director Section 17. Effective Date. The effective date of this License shall be August 20, 2005 [SIGNATURE PAGE FOLLOWS] 206421.1 Page 6 of 7 CITY OF PALM SPRINGS PALM SPRINGS AIR MUSEUM Ely: , /r '-17 David H. Ready �� �(f]�a,'1ui �yl(�u°t�F� City Manager (Name Typed or Printed) 1 Date: @n .pU�$ , i Date: APPROVED T1 CITY 110U!HC1 ATTEST: �acmes Thompson, City Clerk APPRn AS TO FO : Douglas and, City Attorney 1 2064211 Page 7 of 7 EXHIBIT"A" LEGAL DESCRIPTION AND IDENTIFICATION OF PROPERTY Location: Gene Autry Trail on the north side of the Air Museum at the Palm Springs Airport in Palm Springs,California 92262. Assessors Parcel Numbers: Riverside County Tax Assessors Parcel Number (Portions of).677-260-012, 017,0181 &022 . Common Address: Bone Legal Description: + APN: (Portions oo: 677-260-. 012,017,018,&022: POR 4.30, 1.25, 65.47, & 9.85 (TOTALING 4) ACRES IN POR SW'1/4 OF SEC 7 T4S R5E Current Ownership: City of Palm Springs Condition of Title: No assessment of the condition of the title has been made by the appraiser, but as outlined in the Assumptions and Limiting Conditions which are part of this report, the property is appraised as if free and clear of any encumbrances. Annroximate Emend Layout .... .M.Y p ru1 w n !1 tY� I} w.M MnM Y 11 ar.r ti ..il Yl4 fµi P y 11 P 11 E3 � (D iM Y.4 RM Y.R. RY IRW 1 RY FR IIP 1/ y n.wYi From.Debi Edwards At:AvQuest Insurance Service FaXID:Avquest Insurance Se To Steve (Date-10111/2005 02:38 PM Page:2 of 3 ACOR[)_ CERTIFICATE OF LIABILITY INSURANCE OP ID D 13ATE(MMIOWYYYYI PA124S-1 10 06 05 -PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AvQuest Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a division of Shaw Aviation In HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11344 Coloma Road,• Suite 170 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gold River CA 95670 Phone: 916-853-8080 Fax:916-853-8090 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Travalere xnausanca company INSURERS: Palm Springs' Air Museum, Inc. INSURERC: 7415 N. Gene•Autry Trail IrvsuRERD: Palm Springs CA 92262 NSURER 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 CONOUNON OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IAEXPIRATION TR NSR TYPE OF INSURANCE POLICY NUMBER POLICYIVE DATE MMINYY)FECT PDATTEYMMID LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES(Eaocc�urence) S CLAIMS MADE 1�1 OCCUR MED EXP(Any ono person) S PERSONAL A ADV INJURY S GENERAL AGGREGATE S GEN'LAGGREGATE LIMIT APPLIES PER. PRODUCTS-COMWOP AGO S POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Sl 000,000 A X ANYAUTO KTa-eta-eavDsza�.-T<r-a 01/21/05 01/21/06 (Ea accident) r ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperscn) S ][ HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS ; (Per acciaem) PROPERTY DAMAGE S (Px ecddeMl GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER TRAM EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S ODDER CLAIMS MADE AGGREGATE S 3 DEDUCTIBLE S RETENTION S Is ' WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS°LIABILITY ANY PROPRIETORIPARTHERIEXECUTNE E.L.EACH ACCIDENT RA ; OFFICEREMBER EXCLUDEDi E.L.DISEASE-EA EMPLOYEE ; Uyyee,de under SPECIAL.PRO PflOVISIONSbalow E.L.DIBEASE-POLICY LIMB ; OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is included as an additional insured per the policy terms, conditions, and exclusions. - CERTIFICATE HOLDER CANCELLATION CTYPLSP SHOULD ANY OF THEABOVE DESCRIBED POLICIES BECANGBLLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENOEAVORTO MAIL 10 DAYS WRITTEN Palm Springs International NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT,BUT FAILURE TO DO SO SHALL Airport E7: Cielo Street MPOSE NO OBLIGATION OR LUIBILITY'OF ANY KIND UPON THE INSURER,ITS AGENTS OR - Palm Springs CA 92262 R RFS r TIVFs- .• UT RI REP ESENTATIVE ' ACORD 25)2001l08) ACORD CORPORATION 1986 From' Debi Edwards At:AvQuest Insurance Service FaxID:Avquest Insurance Se To.Steve Date. 10/11/2005 02:38 PM Page 3 of 3 FILE No.95F 10,-11 '05 13:04 ID:W.BROWN & ASSOC. FAX:949 428 1398 PAGE 2i 2 W.BROWN&ASSOCIATES 19000 MacArthur Blvd., Suite 700 INSURANCE SERVICES Irvine,CA 92612 (949)851-2060 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY TO: City of Palm Springs,Palm Springs International Airport El Cielo Street,Palm Springs,CA 92262 THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO: _Palm Springs Air Museum,Inc.,its officers, directors, agents,employees,&volunteers 745 N. Gene Autry Trail,Palm Springs,CA 92262 POLICY NO. NAF3025085 POLICY PERIOD FROM: January 21,2005 TO: January 21,1006 INSURANCE COMPANY: KI,Specialty Insurance Company - DESGRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Airport Liability: Single Limit Bodily Injury and Property Damage S 10,000,000.00"* each occurrence But aggregate as respects products/completed operations and personal injury including: ®. Premises ( Personal Injury ®' Products/Completed Operations ® Contractual ® Independent Contractors ® On-Premises Auto Liability* ❑ Hangarkeeper's Liability: $ each aircraft $ each loss Deductible: $ each Loss each aircraft Additional Coverages: *,Az respects On-Premises Auto Liability: Limit of Liability: S1,000,000,00 each occurrence **Suhjcct to a Premises Property Damage Deductible of S2,500,00 each and every loss except S10,000.00 each and every* Loss as respects aircraft. Coverage includes: Those premises necessary and incidental to the Insured's Operations at: Palm Springs Regional Airport,Palm Springs,CA including those premises necessary and incidental to the Aviation Operations of the Named Insured,including all required parking lots. The:above Certificate Holder is included as an Additional Insured but only to the extent of liability vicariously imposed upon the Additional Insured solely as the result of an act or emission of the Named Insured or its employees in connection with the Named Insured's Operations. Subject to WK Endorsement This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,tem'i,or condition of any contractor other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies desenbed herein is subject to all the terms,exclusions and conditions of such policies. Should any of die above described polloy(ies)be canceled before the expiration date hereof,the issuing company Will endeavor to give 30 days*notice to the certificate holder named herein, However,failure to mail such notice shall not impose any obligation nor any liability of any kind upon the company,its representatives or ageors: *10 days for non-payment" Date oflssuc: October I L ZOOS W.Brown&Associates Insurance Services Can No.: I reissued. LOCATION:W,BROWN & ASSOC. RX TIME 10/11 '05 12:47 A 0&13 ERTHOLDER COPY STATE , P,O. BOX 807 SAN FRANCISCO,CA 94142-0807 COMPENSATION, - - - IN SU Fit A`,NCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-01-2005 - GROUP: _ . POLICY NUMBER: 1738791-2005 - - CERTIFICATE ID:, 3 CERTIFICATE EXPIRES: 06-01-2006 `05-01-2005/06-01-2006 PALM SPRINGS' INTL AIRPORT SK - JOB: PO BOX 2743 PALM SPRINGS CA 92263 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. - - - This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. - ' We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. - This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein Notwithstanding any requirement, term, or condition of any contract or other document ,. with respect to which this certificate of 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. , AUTHORIZED REPRESENTATIVE PRESIDENT - EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. - ' ENDORSEMENT H2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE"'06-01-2005 IS ATTACHED TO AND - FORMS ,A PART OF THIS POLICY„ - - - EMPLOYER - - - '_ - ,LEGAL NAME - , %- PALM'�SP,RINGS AIR: MUSE-UM- INC ' PnLM^SpRtNcs AIR MUSEUM:`-`INC. ' 745 N GENE AUTRY. TRL PALM SPRINGS" CA:;92262 05/17/2005„ iFEv.a-os) eRINTEDl& - PO4O8 DOCUMENTTAIS ACORD„ CERTIFICA`, OF LIABILITY IMSURAN- -j'E f, " PALMS-1 s i DAoi zo o' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AvQuest Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a division of Shaw Aviation In HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11344 Col.oma Road, Suite 170 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gold River CA 95670 (a! ti Phone: 916-853-8080 Fax:916-853-8090 INSURERS AFFORDING COVERAGE ' NAIL# INSURED INSURERA XL specialty Insesance company INSURER B' Palm Springs Air Museum, Inc. INSURER 745 N. Gene Autry Trail INSURER D' Palm Springs CA 92262 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 FEILIA YPE OF INSURANCE POLICY NUMBER DATEYMM/DDm E POATE MM/00 TION LIMITS LIABILITY EACH OCCURRENCE $ 10,000,000 MERCIAL GENERAL LIABILITY RENEWAL OF NAF301892101/21/05 01/21/06 PREMISES(Ea occurence) $N/A CLAIMS MADE K OCCUR MED EXP(Any one person) s3,000 PERSONAL B ADV INJURY $ 10,000,000 GENERAL AGGREGATE $N/A GREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $10,000,000 CY PRO- TOO JECT ILE LIABILITY COMBINED SINGLE LIMIT AUTO (Ea accident) $ WNED AUTOS BODILY INJURYDULED AUTOS (Per person) $ D AUTOS BODILY INJURY-OWNED AUTOS (Per..,d.nt) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EA ACC $ AUTO ONLY AGG $ E%CESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYER'S"'LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOWPARTNERIEXECUI IVE OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ It yes,describe under SPECIAL PROVISIONS below El DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Certificate holder is included as an additional insured but only to the extent of liability vicariously imposed upon the additional insured solely as the result of an act or omission of the named insured or its employees in connection with the Named Insured's Operations. CERTIFICATE HOLDER CANCELLATION CTYPLSP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Palm Springs International NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Airport IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR El Cielo Street Palm Springs CA 92262 REPRESENTATIVES. AUTH ZEO ESENTATIVE De d ACORD 25(2001108) ©ACORD CORPORATION 1988 5 CORA. CERTIFICA- OF LIABILITY INSURAr `E iID'D DTE(MM/DD/YYYY) PALMS-1 04 27 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AvQuest Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a division of Shaw Aviation In RECEIVED HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 11344 Coloma Road, Suite 179,ITY OF PALM SPRIP �z ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Gold River CA 95670 Phone: 9lfi-653-BOBO Fax:916 0 INSURERS AFFORDING COVERAGE NAIL# INSURED ♦ Fg r' 1r15 INSURERA. data u..on eue Co. of Pvttsb JAfME� S 1 �"iW(5[prySON INSURER B' Palm Springs Air Museum .L�}ycT.Y CLERK INSURER 745 N. Gene Autry Trail INSURER Palm Springs CA 92262 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 Ws POLIO FFE TIVE POLICY EXPIRATI01 LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIVV DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ed occurence) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGE $ JECT POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraccident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORV LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ It yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER A Aircraft HINDER 05/01/05 05/01/06 See Pg 2 Liability Attached DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS See Wordings on Page 2 Attached CERTIFICATE HOLDER CANCELLATION CTYPLSP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Palm Springs International NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,RUT FAILURE TO DO SO SHALL Airport P.O. Box 2743 IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER,ITS AGENTS OR Palm Springs CA 92263 R PRESEN TIVES. AU H Z EPRESENTATIVE b' ACORD 25(2001108) ©ACORD CORPORATION 1988 .PALMSrl PAGE 2; ' N OTE PAS ' INSURED5N a Ealm Springs AarMuseumIhc OPID DE DATE 04/27/05�` .. ,. .....: _... ..._.r .._.. _. ,.,.,.. .. * 1944 North American P-51D N151PB - * 1944 Boeing B17G N3509G - * 1944 Curtis Wright P40 N999CD * 1944 Douglas A-26C N9425Z * 1945 Corsair Vought F4U-4 N66290 * 1944 Grumman FM-2 Wildcat N47201 * 1944 Grumman F6F-5 Hellcat N4964W * 1945 Grumman F7F-3 Tigercat N207F * 1950 Grumman FSF Bearcat N700A * 1945 Grumman TBM-3E Avenger N7075C * 1958 Grumman C1A N7171M * 1944 North American B-25N N8163H * 1958 North American AT-6T N85JR * 1944 Rupublic P47D N47BP * 1945 Vickers Spitfire N114BP * 1945 Bell P63A King Cobra N163BP * 1940 Piper J-3 Cub N28118 * 1940 Boeing Stearman E-75 N5359N * 1945 Douglas DC-3 N60154 Limit of Liability: Combined Single Limit of $5,000,000 for Bodily Injury and Property Damage. Subject to a $250,000 per passenger seat limitation. Wordings: Certificate holder is included as an additional insured as respects to aircraft liability coverage subject to all policy terms, conditions, and exclusions. CONTRACT ABSTRACT Contract Company Name: Palm Springs Air Museum Company Contact: Sharon Maguire Summary of Services: License Agreement 4 Acre Parcel Adjacent to Museum Contract Price: N/A Funding Source: N/A Contract Term: Month to month - 30 day notice of cancellation Contract Administration Lead Department: Aviation Contract Administrator: Richard Walsh Contract Approvals Council/ Community Redevelopment Agency Approval Date: 9/7/05 Minute Order/ Resolution Number: MO 7732 Agreement No: A5152 Contract Compliance Exhibits: Yes Signatures: Yes Insurance: On file Bonds: N/A --------------- Contract prepared by: Richard Walsh Submitted on: 9/22/05 By: Janet Buck r