14-193.00 Splash-Down ConcessionsOFFICE OF THE CITY ATTORNEY
CARY P. DRISKELL — CITY ATTORNEY
ERIK J. LAMB — DEPUTY CITY ATTORNEY
11707 East Sprague Avenue Suite 103 • Spokane Valley WA 99206
509.720.5105 ♦ Fax: 509.688.0299 • cityattorney@spokanevalley.org
2014 AMENDMENT TO THE SPLASH -DOWN CONCESSIONS, INC.
AGREEMENT EXECUTED MAY 19, 2009, AND AMENDED JUNE 7, 2012
(1) The City of Spokane Valley entered into a lease agreement with Splash -Down Concessions,
Inc. (the 2009 Agreement) on May 19, 2009 for use of certain park property located at Mission
Park. The parties agreed to changes in the 2009 Agreement, which shall be referred to as the
2012 Amendment to the Splash -Down Concessions, Inc. Agreement (the 2012 Amendment)
regarding repayment of past due lease amounts, as well as amending the yearly lease rates.
(2) The City and Slash -Down Concessions, Inc. (Splash -Down) agree to amend Section 13B of
the 2009 Agreement so that the minimum insurance required for commercial general (CG)
liability is reduced from $1 million per occurrence/$3 million aggregate to the revised to $1
million per occurrence/$2 million aggregate. As such, Section 13 of the 2009 Agreement is
amended as follows:
Section 13. Insurance. The LESSEE shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the LESSEE's operation and use of the leased
Premises.
No Limitation. LESSEE's maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the LESSEE to the coverage provided
by such insurance, or otherwise limit the CITY's recourse to any remedy available at
law or in equity.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01 and shall
cover premises and contractual liability. The CITY shall be named
as an insured on LESSEE's Commercial General Liability insurance
policy using ISO Additional Insured -Managers or Lessors of
Premises Form CG 20 11 or a substitute endorsement providing
equivalent coverage.
2. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance
LESSEE shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $32,000,000 general
aggregate.
2. Property insurance shall be written covering the full value of
LESSEE's property and improvements for their full replacement
value with no coinsurance provisions.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Commercial General Liability insurance:
1. The LESSEE's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the CITY shall be excess of the LESSEE's
insurance and shall not contribute with it.
2. The LESSEE's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the CITY.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
LESSEE shall furnish the CITY with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
LESSEE.
(3) All remaining sections of the 2009 Agreement, as amended by the 2012 Amendment, remain
in effect.
Dated: l U ?/
Mike Jackso , ity Manager