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09-071.00 Splash Down Concessions
SPLASH -DOWN CONCESSIONS, INC. AGREEMENT THIS AGREEMENT, made and entered into this /!9 1 ' 0 fy of May, 2009, by and between City of Spokane Valley, a municipality of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY," and Splash -Down Concessions, Inc. having offices for the transaction of business at 2922 South Manito Boulevard, Spokane, Washington, 99203, hereinafter referred to as the "LESSEE," jointly, hereinafter referred to along with the CITY as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 35A.11.020, a city may lease or sell any park property, buildings or facilities surplus to its needs, or no longer suitable for park purposes; and WHEREAS, City of Spokane Valley is the owner of Valley Mission Park, located at 11423 East Mission, Spokane Valley, Washington, which the City acquired from Spokane County upon incorporation of the City in 2003; and WHEREAS, a certain portion of Valley Mission Park was declared surplus to the present and foreseeable need of Spokane County by the Board of County Commissioners of Spokane County pursuant to Resolution No. 82 -0350; and WHEREAS, pursuant to Resolution No. 82 -0494, the Board of County Commissioners authorized execution of a Water Slide Agreement with Splash -Down Concessions, Inc. pursuant to which Splash -Down Concession leased a portion of Valley Mission Park for a period of ten (10) years to construct and operate a water slide; and WHEREAS, pursuant to Resolution No. 92 -1018, the Board of County Commissioners authorized execution of another Water Slide Agreement with Splash -Down Concessions, Inc. pursuant to which Splash -Down Concessions leased a portion of Valley Mission Park for a subsequent term of ten (10) years to operate a water slide, with such lease terminating July 25, 2002; and WHEREAS, The parties executed a replacement Agreement in 2002, for a period of five (5) years and said Agreement was conveyed to the City of Spokane Valley and subsequently the 2002 Agreement terminated by its terms on July 30, 2007. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the PARTIES hereto do mutually agree as follows: Section 1. Subject And Purpose - The CITY leases to LESSEE, subject to the terms and conditions herein contained, certain real property in Valley Mission Park located at 11423 East Mission, Spokane Valley, Washington, and more particularly described as follows: Splashdown Water Slide Agreement Page 1 of 11 "1'011 That portion of Blocks 72, 75, 76 lying South of State Highway and Blocks 78, 79, 81 and 82 all in Pinecroft First Addition according to plat hereof recorded in Book "M" of Plats, Page 35, Spokane County, Washington. Together with that portion of vacated Johnson Street adjoining said Blocks. Except the West 110 feet of said Blocks 72, 75, 78 and 81; also, except the East 346.7 feet of said Blocks 76, 79 and 82; also except that portion of said Block 82 and vacated Johnson Street included within the existing tennis courts. Containing 2.56 acres more or less. Hereinafter referred to as the "Premises" for the purpose of constructing and operating only a water slide or slides and related landscaping uses. The LESSEE is granted a concession right to sell food, soft drinks, active wear and souvenirs on the premises consistent with operation of the water slide. The Lease Agreement for Parking Lot, executed August 7, 2001 between Spokane County and LESSEE, Spokane County Resolution number 01 -0739, expired on July 25, 2007, and was not renewed. LESSEE and its clients are permitted to use the paved parking lots immediately adjacent to Mission Road (north and south) for purposes directly related to the operation and normal use of the waterpark, subject to all conditions set forth in the Spokane Valley Municipal Code. The City reserves the right to designate spaces for specific uses which may place limitations on use by Splashdown. LESSEE is not permitted to drive outside of the parking lot area, such as on the grass or sidewalks, without specific written permission from the Parks Director. Section 2. Term - The initial term of this Agreement shall be for ten (10) years commencing on May 1, 2009, and terminating on April 30, 2019. This Agreement shall have two additional five year option periods, each of which may be renewed at the mutual option of the Parties. Provided, however, the renewal shall be subject to all provisions set forth herein. LESSEE shall indicate its intent to renew this Agreement by giving the CITY at least six (6) months written notice prior to the end of the initial term. Section 3. Construction of Slide. A. LESSEE, at its sole expense, shall operate and maintain upon the Premises a water slide or slides, together with appropriate fencing, support structures, landscaping, splash pool, and all related facilities and equipment. No change or modification of the plans and specifications submitted by LESSEE to the CITY and incorporated herein by reference shall be made unless first approved by the CITY. If at any time during the life of this Agreement the LESSEE fails to use the Premises for the purpose of construction and operation of a water slide or slides, without first obtaining permission in writing from the CITY, this Agreement may at the CITY'S option, be terminated. Splashdown Water Slide Agreement Page 2 of 11 B. If LESSEE desires to add additional flumes, apparatus or other recreational items or facilities other than those originally proposed, LESSEE shall first obtain written permission for the CITY at least ninety (90) days prior to the start of construction, and obtain all necessary permits related thereto. Section 4. Operation of Slide. A. During the term of this Agreement the LESSEE shall initiate, contract for and obtain in its own name and fully and promptly pay for all water, gas, sewer (except as set forth in Section 11), B. During the term of this Agreement, the LESSEE shall be responsible for refuse, electricity, heat, lights, power, telephone service, and all other public utilities of every kind furnished to the Premises throughout the term hereof, and all other costs and expenses of every kind whatsoever or in connection with the use, operation and maintenance of the Premises and all activities conducted thereon, and the CITY shall have no responsibility of any kind whatsoever for any thereof. C. LESSEE shall operate the slide for public use during such months and hours as it deems proper; provided, however, that hours of operation shall comply with all provisions as set for in Section 28 (Land Use Action) of this Agreement, such hours of operation which may be imposed in conjunction with any subsequent land use action, if any, or Spokane Valley Municipal Code provisions, which may be adopted, whichever is most restrictive. D. Any signage must comply with currently adopted City Code provisions. E. LESSEE shall not discriminate against any employee or applicant for employment, or patron on the grounds of race, color, sex, national origin, creed, marital status, age or presence of any sensory, mental or physical handicap or the use of a trained guide dog or service dog by a disabled person. Section 5. Fee. A. The LESSEE shall pay to the CITY for the initial and renewal terms of this Agreement, a lump sum lease payment as described: $40,000 annually for the first two (2) years; $43,000 annually for the next two (2) years; and $46,000 annually for the remaining six (6) years of the first term. At the end of the first ten (10) year term, these payments will be reviewed and adjusted accordingly by consent of both parties. B. The yearly lease payment shall be paid in three equal installments, with the first due to the City on July 5, the second on August 5, and the third on September 5 of each season. Section 6. Slide Ownership — It is understood that the water slide is a proprietary product of the LESSEE. The CITY obtains no interest therein as a part of this Agreement and may not use any of its specific plans, structures or components without the express consent of LESSEE except as provided hereinafter. Splashdown Water Slide Agreement Page 3 of 11 Section 7. Ownership of Improvements — All improvements and equipment placed on the Premises by LESSEE shall be and remain the property of LESSEE, and the CITY shall have no interest therein except as provided hereinafter. Section 8. Termination — In addition to all other rights and remedies, which the PARTIES may have herein or at law, the PARTIES may terminate this Agreement as follows: By LESSEE: This Agreement may be terminated by the LESSEE upon thirty (30) days written notice to the CITY upon the happening of any one of the following events: 1. The default of Spokane Valley in the performance of any terms, conditions or covenants herein required to be performed by the CITY and the failure of the CITY to remedy such default within a period of thirty (30) days after the receipt from the LESSEE of written notice to remedy the same; provided, however, that no notice of termination as herein provided shall be of any force or effect if the CITY shall have remedied the default prior to the expiration of such 30 -day period, or if the nature of such default is such that a period in excess of thirty (30) days is necessary in order for the CITY to cure the default and shall diligently continue its efforts to correct such default. In such event, the CITY shall have such time as is reasonably required to cure the default. By CITY: This Agreement may be terminated by Spokane Valley upon thirty (30) days written notice to the LESSEE upon the happening of any of the following areas: 1. The failure of the LESSEE to make any payments of money as required hereunder after receiving ten (10) days written notice of its failure to pay such money. 2. Abandonment of the Premises by the LESSEE and /or the continuance of unauthorized conduct and operation of the business required hereunder for a period of five (5) consecutive days. Failure to operate the business as authorized herein would be considered abandonment. Provided, however, that the CITY understands and agrees that LESSEE'S operation is seasonal and closing the Premises for the season or interruptions in the operation of the water slide due to weather conditions or repairs shall not constitute an abandonment of the Premises. 3. The default of LESSEE in the performance of any terms, conditions or covenants herein required to be performed by the LESSEE and the failure of the LESSEE to remedy such default in a period of thirty (30) days after receipt of written notice to remedy the same. Provided, however, that no notice of termination as herein provided shall be of any force or effect if LESSEE shall have remedied the default to the sole satisfaction of the CITY prior to the expiration of such thirty (30) days is necessary in order for LESSEE to cure such default, and Splashdown Water Slide Agreement Page 4 of 11 LESSEE shall have commenced to cure the default and shall diligently continue its efforts to correct such default. In such event, LESSEE shall have such time as is reasonably required to cure the default. Section 9. Removal of Improvements A. In the event of termination of the lease under Section 8 as provided herein, the PARTIES shall have their remedies according to law and in addition shall have the following remedies: By LESSEE: In the event of termination by LESSEE, and except as provided herein, LESSEE shall have the right to remove the water slide, removable supporting structures, buildings and other improvements placed upon the Premises by LESSEE at any time within 120 days after such termination. LESSEE shall restore the Premises to its original condition during the same time frame allowed for removal of the structure. By CITY: In the event of termination by Spokane Valley as provided herein or at the end of the term of this Agreement, the CITY shall have the right for a period of ninety (90) days after termination to purchase the water slide, support structures, buildings and other improvements from the LESSEE at a price to be mutually agreed upon. In the event the CITY shall not exercise its right to purchase the water slide, support structures, buildings and other improvements within the ninety (90) day period, the LESSEE shall remove the same within 120 days after the expiration of such period and restore the Premises to its original condition during the same time frame. B. In the event of a termination for any reason provided for herein, and the LESSEE does not remove the water slide, supporting structures, building and other improvements placed upon the Premises by the LESSEE within the time frames set forth herein, the CITY may at its option, (1) on the payment of one dollar ($1.00) take title to said property; or (2) dismantle, remove and store such property at a location convenient to the CITY and charge to the LESSEE a fee for dismantling, removing, transporting and storing said property. Section 10. Waste and Nuisance Prohibited - During the term of this Agreement, LESSEE shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on the CITY or forfeiture of the CITY'S title to the Premises. LESSEE shall not commit, or suffer to be committed any waste or nuisance on the Premises. Section 11. Sewers. The Parties agree to the following allocation of costs with regard to sewer: A. Sewer Capital Facilities Rate: LESSEE shall be responsible for paying all Sewer Capital Facilities Rate charges (i.e. ERU's) allocable to LESSEE'S use of the Premises. B. LESSEE shall pay all construction costs incurred to connect new service, increase service due to expansion of the water slide facilities, and to maintain sewer service. Splashdown Water Slide Agreement Page 5 of 11 LESSEE shall, at their expense, install an additional water meter(s) to measure the flow of water entering the sewered portion of the Premises. C. LESSEE shall re -pay the City all amounts previously owed for General Facilities Charges (GFC), $5,818.75, prior to July 30, 2010. D. LESSEE shall hook up to sewer when required by Spokane County, or when the City, as the owner of the property, is notified by Spokane County that hookup is required. E. LESSEE shall pay all monthly sewer charges allocable to LESSEE'S use of the Premises. Section 12. Notices. A. All notices, demands, or other writings in this Agreement provided to be given or made or sent or which may be given, or made or sent by either Party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified, postage pre -paid and return receipt requested, and addressed as follows: To CITY: City of Spokane Valley, Attn: City Manager 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 To LESSEE: Splash -Down Concessions, Inc. 2922 South Manito Boulevard Spokane, Washington 99203 B. The address to which any notice, demand or any other writing may be given or made or sent to any Party as above provided may be changed by written notice given by such Party as above provided. 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- Splashdown Water Slide Agreement Page 6 of 11 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, $3,000,000 general aggregate. 2. PropeM 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 to 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 ANII. 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. Section 14. Indemnification and Hold Harmless LESSEE shall defend, indemnify, and hold harmless the CITY, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of LESSEE's use of Premises, or from the conduct of LESSEE's business, or from any activity, work or thing done, permitted, or suffered by LESSEE in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the CITY. Section 15. Attorney's Fees - If any action at law or in equity shall be brought to enforce the provisions of this lease or to enforce or interpret any of the covenants, terms, or conditions of Splashdown Water Slide Agreement Page 7 of I 1 this lease, or for the recovery of the possession of the Premises, each Party shall pay all of their own attorney's fees. Section 16. Repairs. A. LESSEE shall, throughout the term of this Agreement, at its own cost, and without any expense to the CITY, keep and maintain the Premises, including ALL buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, including sidewalks adjacent thereto, in good, sanitary and neat order, condition and repair. The CITY shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Premises, or any buildings or improvements thereon. B. The LESSEE shall control all rodents and other pests that may be on or in the Premises during the term of this Agreement. C. The LESSEE shall provide trash and garbage receptacles and have refuse removed from the Premises on a regular basis. D. The LESSEE shall remain in compliance with all applicable laws and regulations promulgated or enforced by Spokane Regional Health Department. Section 17. Insolvency or Bankruptcy - If LESSEE becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the LESSEE, then the CITY may terminate this Agreement. Section 18. LESSEE'S Employees - LESSEE shall conduct a background check on all employees working at the water slide or any concessions operated on the Premises. LESSEE shall ensure that each employee presents a neat and clean appearance in person and in dress while on duty on the Premises. The LESSEE shall take immediate remedial action, which shall include termination in the event any of LESSEE'S employees conduct themselves in an improper or inappropriate manner while on duty. Section 19. Liens - LESSEE shall keep the Premises free and clear from all mechanics' and materialmens' and other liens from work or labor done, services performed, materials, appliances, teams or power contributed, used or furnished or to be used in or about the Premises for or in connection with any operations of LESSEE, or any alteration, improvement, repairs, or additions which the LESSEE may make or permit or cause to be made, or any work or construction by, for, or permitted by LESSEE on or about the Premises. Section 20. Compliance with Leasehold Excise Tax. A. LESSEE hereby acknowledges that to the extent this Agreement is subject to the "leasehold excise tax" as set forth by RCW 82.29A as now or hereinafter amended, the same shall promptly be paid by the LESSEE, in addition to the fees set forth in Section 5 of this Agreement. Splashdown Water Slide Agreement Page 8 of 11 B. LESSEE agrees to promptly pay when due all taxes, rates, charges and assessments, special or otherwise and public charges of every kind and nature which may be lawfully imposed or assessed in any way on the LESSEE with reference to the Premises. The LESSEE further agrees to pay promptly when due all taxes imposed on LESSEE as a result of the services provided upon the Premises, including but not limited to, all sales, business, occupancy and use taxes. C. LESSEE shall also comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Premises, the construction, operation and maintenance of the water slide thereon, the improvements thereon, or any activity conducted on or in such Premises. Section 21. Non - Liability of CITY - Theft, Burglary or Vandalism - The CITY shall not be liable in any manner for any loss, injury or damage incurred by the LESSEE from any acts of theft, burglary, or vandalism. The LESSEE shall be responsible for providing all expenditures relating to any security precaution that LESSEE deems necessary for the safety of the personnel, guests, employees, patrons, or users of the premises, or property of LESSEE located on the Premises. The LESSEE shall implement security measures sufficient to secure the Premises after hours and prevent unauthorized use. Section 22. Relationship of the PARTIES. A. The PARTIES intend that an independent LESSEE relationship will be created by this Agreement. The CITY is interested in only the results to be achieved, and the conduct and control of the services will lie solely with the LESSEE. The LESSEE will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, sub - lessee or otherwise during the performance of this Agreement. B. In the performance of the services herein contemplated, the LESSEE is an independent Contractor with the authority to control and direct the performance of the details of the work and provisions of the services, the CITY being interested only in the results obtained. However, the services contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general right of inspection and supervision for the purpose of determining whether the services are being performed in accordance with the specifications set forth herein. C. No agency, employment or partnership is created by this Agreement. LESSEE'S business is separate and apart from that conducted by the CITY. Neither Party will have authority to act for the other in any obligations or expenses whatsoever of the other Party. Section 23. Venue Stipulation - This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted and maintained only in any of the Courts of competent jurisdiction in Spokane County, Washington. Splashdown Water Slide Agreement Page 9 of 11 Section 24. Assignment - Each Party to this Agreement binds themselves, their partners, successors, executors, administrators, and assigns to the other Party of this Agreement and to the Party's successors, executors, administrators and assigns of each other Party with respect to all terms, conditions and covenants set forth herein. The LESSEE may not assign, transfer in whole or in part its interest in this Agreement without the same being first authorized by resolution or motion of the City Council. A decision by the City Council to provide consent or denial shall be communicated to the LESSEE within a reasonable time frame not to exceed thirty (30) calendar days of written request. The City Council's decision shall be made considering, among other factors, the financial stability, experience in operating /owning water slides and related recreational facilities, and ability to meet conditions within this Agreement. In the event of an assignment, the assignee shall assume all liability of the assignor. Any unauthorized voluntary assignment or sub -lease shall be void, and shall terminate this lease at the CITY'S option. Section 25. Waiver - No officer, employee, or agent of the CITY has the power, right or authority to waive any of the conditions or provisions of this Agreement. The waiver of any breach of this Agreement shall not be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. The failure of the CITY to enforce at any time any of the provisions of this Agreement or to require at any time performance by the LESSEE of any of the provisions hereof, shall be in no way construed to be a waiver of such provisions, nor any way affect the validity of this Agreement or any part hereof or the right of the CITY to thereafter enforce each and every such provision. Section 26. Modification - There shall be no modification of this Agreement, except in writing, executed with the same formalities of this present instrument. Section 27. Severabilib A. It is understood and agreed by the PARTIES that if any part, term or provision of this Agreement is held by the Court to be illegal, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the PARTIES shall be construed and enforced as if this Agreement did not contain a particular part, term or provision held to be invalid. B. If it should appear that any part, term or provision hereof is in conflict with any statutory provisions of Washington, then the part, term, or provision hereof which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and be deemed to modify to conform to such statutory provisions. Section 28. Land Use Action - The LESSEE shall comply with all provisions of the Findings and Order in the Matter of Reviewing the Administrative Action of the Spokane County Zoning Adjuster Decision to Approve Conditional Use Permit No. CUE -5 -83; Splash -Down, Inc., dated May 16, 1983, or such other land use conditions required in conjunction with the use of the Premises. Splashdown Water Slide Agreement Page 10 of 11 Section 29. Time of the Essence - Time is of the essence of each and every provision herein. Section 30. All Writing Contained Herein - A. This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES. In the event any language in an attachment which has been made part of this Agreement conflicts or appears to conflict with this document, it is expressly agreed by the parties that this written Agreement shall control in the resolution of any such disputes. B. The LESSEE has read and understands the whole of the above Agreement and now states that no presentation, promise or Agreement not expressed in this Agreement has been made to induce the LESSEE to enter it. Section 31. Exhibits — A. Insurance certificates. B. Findings and Order in the Matter of Reviewing the Administrative Action of the Spokane County Zoning Adjuster Decision to Approve Conditional Use Permit No. CUE -5 -83; Splash -Down, Inc., dated May 16, 1983. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on the date and year set forth above. CITY OF SPOKANE VALLEY: SPLASH -DOWN CONCESSIONS, INC.: David Mercier, City Manager A%�u Title: Tax ID No._ REDACTED ATT / This document contains confidential tax information and istine Bainbridge, 1ty Clerk has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any APPROVED AS TO FORM: redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Q / 4,e Office 4 the City Att ney Splashdown Water Slide Agreement Page 11 of 11 06/03/2009 12:04 4809817176 KILLEEN ASSOCIATES PAGE 01 boy- �dP f r A' CERTIFICATE OF LIABILITY INSURANCE 6%3%2009 PROOUCER (480) 922 -1450 FAX: (290 )922 -1349 THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GLS Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1745 S Alma School Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Suite 24S Mesa AZ 85210-30 INSURERS AFFORDING COV ( NAIC # INSURER A; Ce rtain UftCL_- rri tore COV Splash Down Concessions, Inc., DBA: Splash INSURER B: ._s 2922 S Manito Blvd INSURER C ......�_�.N._........_ INSURER I Spokana l WA 99203 INSURER E OVERAGES 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SH OWN MAY HAVE BEEN R EDUCED SY PAID CLAIMS, T _ IFL _...., ..� _- POLICY NUNB> =R DATE IN fIfO 1 V T I O ( bXPIR71nrM LAMITb GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY .A. X CLAIMS MADE f X .I OCCUR 01211L AGGREGATE LIMIT APPLIES PER; X1 POLICY I 179 I I Lac AuTOMOMLE UASIUTY 3 ANY AUTO S ALL OWNED AUTOS AUTO ONLY • EI► AC 03ENT SCHEDULED AUTOS OTHER THAN EA AC C AUTO ONLY: AGG HIRED AUTOS EACW OCCURRENCE NON -OWNED AUTOS I cA RA0e LIAet I ANY AUTO EXCESS I UMBRELLA LIABILITY 1 OCCUR E . CLAIMS MADE DEDUCTIBLE RETENTION i WORKERS COMPENSATION AND EMPLOYER$ LIABILITY YIN ANY PROPRIETORIPARTNERIEXECIITIVE OFFICEFVMEMSER EXCLUOED7 (Mendstory In NN) If I y r �s, dmerlde unxr BPEGIAL PROVISIO 3 aetow OTHER 1 4610 5/30/2009 5/30/2010 MED EXP (Am arm pmw) 5 1,000 PERSONAL A ADV INJURY S 1 0 000,000 GENERAL AGGREGATE _ S_ ___2 000 000 PRODUCT8- COMP1OPAGGIS __. 2, RECEI i t - JUN 0 3 2609 S & RECREATION DEPT COMBINED SINGLE LIMIT (Ea acddenl) 9 $ B ODILY INJURY er Person) 3 BODILY INJURY (Per strident) S PROPERTY DAMAGE (Per aeddmt) AUTO ONLY • EI► AC 03ENT S OTHER THAN EA AC C AUTO ONLY: AGG S , , 3 EACW OCCURRENCE B AGraREGATB S E.L. EACH ACCID E.L. DISEASE - EA EM c 1 n1cGeQ0 _ PA! If- DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I M(CLUSIONSADDED 0Y E,NDORSEMENTI SPECIAL PRO%APO%a cartiiicate holder named additionn1 me==ad with V*apacts to the pxmmisma leased at 11127 Z. Mission Ave, Spokane, VA, 99206. CANCELLATION CERTIFICATE HOLDER 3HOUW ANY OP THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION City of S pokane Va11ey DATE THER THE ISSUING INSURER WLL ENDEAVOR TO MAIL 31� __ DAYS WRITTEN 11707 E . Spokane Ave NOTICE To THE CB MROAlt HOLDER NAMED TD THE LEFT, SLIT FA LURE TO DO SO SMALL Spokane Valley WA 992 IMPOSE NO OHLI" ACA OR LIA01LITY OF ANY [ONO UPON THE INSURM, rrTS AGOM OR RBPR ATIVEB. AUTHORIZED REPRBSENTATM Tim Killeen /TIM ACORD 25 (2009101) ®1988.2009 ACORD CORPORATION. All rights meerved. [NS025 (=901) The ACORD name and logo are re9tstered marks of ACORD 06/03/2009 12:04 4809817176 KILLEEN ASSOCIATES - PAGE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer tights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively emend, extend or alter the coverage afforded by the policies listed thereon. AOORD 25 (2009101) INS025 (200901) 0610312009 12:04 - 4809817176 KILLEEN ASSOCIATES PAGE 03 ZONING ADJUSTOR . SPOKANE COUNTY, WASHINGTON IN THE MATTER OF CUE -5 -83; SPLASHDOWN, FINDINGS OF FACT, DECISION INC. - COMMUNITY WATERSLIDE AND OFF- AND CONDITIONS STREET PARKING FACILITY ) THIS MATTER, Being the consideration b the Zoning Adjustor of Spokane County, approving the application (CUE -5 -83 , for the purpose establishing a community waterslide, concessions and off - street parking facility, herein- after referred to as the "Proposal ", and the Zoning Adjustor of Spokane County having held a public hearing on April 1, 1983 and having fully considered all testimony presented thereat, and further having visited the site and vicinity in question, and having rendered a decision on the 6th day of April, 1983, approving said proposal, does hereby make the following: FTNnTN6 OF FACT 1. That the proposal is generally located in Valley Mission Park, east of Pierce Road, adjacent and north of Mission Avenue. Parking area is south of Mission Avenue. Parcel #'s 09543 -0606 and 16542 -0320. 2. That the proposal consists of a conditional use request for a com- munity waterslide, hot tubs, and small concession area as well as a conditional use request for an associated 228 car off -street parking facility across Mission Avenue from the slide and park area. 3. That the adopted Spokane County Generalized Comprehensive Land Use Plan indicates Urban usage of the area encompassed by the proposal. 4. That the site is zoned Agricultural- Suburban and Agricultural. 5. That the existing land uses in the area of proposal include the exist- ing Valley Mission Park, single family residences to the south of the parking area, multiple family residences to the southeast, single family residences to the west and the park and Interstate 90 to the north. 6. That the applicant submitted an Environmental Checklist which was re- viewed by the Zoning Adjustor and a Preliminary Declaration of Non - Significance was issued for this project on March 15, 1983. The Proposed Declaration was circulated to thirteen local and state agencies for comments and concerns re- garding the proposal. No agencies have recommended that the Proposed Declaration be changed. 7. The applicant has entered into a lease agreement with Spokane County which allows for the operation of the waterslide activity on County property sub- ject to certain conditions. 8. That the wateslide activity is proposed to operate on 100 day seasons beginning on Memorial Day (May 30) and concluding on Labor Day. The daily operation of the slide activity would run from 10 a.m. to 10 p.m. 9. To handle traffic at the park, the applicant proposes development of a parking area of initially 2.5 acres which may be expanded to 5 acres if warranted by parking demand. 10. That the proposal is a Conditional Use within the Agricultural- Suburban zone under Sections 4.24.300 and 4.24.310 of the Spokane County Zoning Ordinance. Additionally, the proposed uses comply with the dimensional and location standards for these uses as noted in Zoning Ordinance Provision 4.24.300 (a) (2) (1); mini- mum lot size: 12,500 square feet, and 4.•24.310 (b) (1); minimum lot size; 7,500 square feet, (b) (2) [the parking area must abut or be directly across the street from the property served by the parking area]. 11. Public testimony from more than a dozen res4dents voiced strong concern over the development of the waterslide and parking facility. Chief concerns were that the proposal is a commercial use in a residential area. The parking lot which is located near residential uses will not be compatible with them due to noise, littering, lights and substantially increased traffic. ,pl FINDINGS OF FACT, DECISION AND CONDITIONS CUE -5 -83 PAGE 2 12. The description of the proposal establishes that the proposed water - slide facility is primarily a recreational venture consistent with other park and playground activities.. Further, this use has been found in keeping with the Spokane County Comprehensive Land Use Plan as indicated by a memo dated March 31, 1983 from the Spokane County Long Range Planning Administrator. 13. The Zoning Adjustor notes that public testimony further indicated the park's present uses of a softball field, swimming pool, picnic area, tennis courts, etc., already utilize most of the existing parkin4 capacity at the park during the spring, summer and fall. 14. The Zoning Adjustor finds that the waterslide would contribute ad- ditional amounts of new traffic to•the immediate area which requires that a properly paved, fenced and landscaped parking facility be constructed to handle the anticipated traffic and-parking needs as noted in the conditional use standards (4.24.300 62, b4 and 4.24.310 b5 -9). 15. That vehicular and pedestrian access to the site is proposed to be re- viewed and controlled by the Spokane County Engineer's Office. The Engineers Office has further made recommendations for this use to promote the public health, safety and general welfare in its initial operation. 16. That the State Department of Social and Health Services has indicated that the applicant must conform to State Wastewater Disposal regulations and construct all necessary facilities to properly dispose of this wastewater gen- erated by this use. 17. That is is difficult to predict in advance exactly the traffic, park - inq and use demands created by the proposal as there has been no previous experience with this use in Spokane County. 18. That to maintain compatibility of the project with adjacent uses, the project should be administratively reviewed by the Zoning Administrator after the initial season to determine if other reasonable conditions or limitations should be attached for the continued use of the waterslide and parking facility. 19. That the proposall, except as provided herein meets all current standards of the Spokane County Zoning Ordinance for this use. 20. That the proper legal requirements for advertising of the hearing be- fore the Zoning Adjustor of Spokane County have been met. DECISION From the foregoing Findings, a review of the Planning Department File No. CUE -6 -83, testimony at the public hearing,_and a site visit, the Zoning Adjustor hereby in approving the proposal makes the following conditions: Prior to occupanc y ermit release and authorized use of the proposed facility, the app can sha A. COUNTY PLANNING DEPARTMENT 1) Submit a finalized development and parking plan for approval to the Planning Department indicating the type of recreational facilities established and all proposed structures to.be utilized in connection with the facility. 2) The existing parking area in Valley Missiorr Park shall be striped for parking in accordance with the Final Development Plan. 3) The parking area south of Mission Avenue shall: a) Be developed in compliance with setback requirements and be fully paved and striped. b) Be developed with a 6' sight obscuring cyclone fence along the paved areas easterly, westerly and southern borders. c) The applicant provide and develop an evergreen and ground cover landscape plan for the front yard alonq Mission Avenue and side yard areas of the southern parking facility. d) The applicant is responsible_to control dust, litter and other waste in the parking facility during seasonal operation. c Applicetion #: G:3c Auditors' Recordir. CERTIFICATE OF EXEMPTION Title Notice Spokane County Division of Building and Planning 1026 W. Broadway Ave. Spokane, WA. 99260 City Existing "parent" tax parcel number(s) 45162.0320 _ Site address or frontage road name 11426 �.N o Rker.ce Road Public road [A Private road O Private driveway ❑ Auditors recording #: Legal description - Section 16 Township 2,S" Range The West half of Tract 10 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plats, Page 20; Situate in the County of Spokane, State of Washington. continued on back Total existing acreage 9 New property size 4. 42 Current zoning UR ' 3.5 Comprehensive Plan category (work) Name ofapplicant M odern Electric Water Co. phone Number (home) 928 -4540 Mailing address P. 0. Box 14008 Spokane State WA Zi 99214 -0008 Staff Use Only This Certificate of Exemption Issued pursuant to section h of the Short Subdivision requirements for Spokane County and RCW 68.17 is intended to indicate if the property as described is exempt from the State and Local Subdivision laws which regulate the sale, lease or transfer of ownership of property and Is subject to the following conditions and /or findings: 1. NOTICE TO PURCHASER - This piece of property may not have appropriate prdvlslons for potable water supplies (drinking water), sanitary wastes (septic tank or sewer), drainage ways, streets or road, alleys or other public ways. Spokane County Is not responsible for making provisions for the above - stated Items. If this property Is served by a private road, Spokane County is not responsible for improving or maintaining said private road. 2. For property created via this exemption, the applicant shall file a Sogregalion Application with the County Assessor prior to the Issuance of a building permit. 3. This Certificate of Exemption Is for and shall run with the land, and shall be applicable to the applicant, owner, heirs, successors or assigns. 4. The use of thig property must conform to the Zoning Code b. The following conditions shall also apply continued on back The required information has been submitted to the County Engineer. By Date Division of nglneering bZ APPROVED ID DENIED B o _ Date ? Iliv� Divla oft4ding 8 Plenn I certify that I as owner or authorized agent have examined this document and state that the information contained In it and submitted by. me or my agent to compile said document is true and correct, and authorize Spokane County to proceed with processing. In addition, I have read and understand the provisions contained herein and agree to comply with them. I understand that the Issuance of this exemption is not Intended to verify that adequate provisions have been made for drainage ways, potable water supplies, roads and sanitary wastes. Any subsequent approval based on this exemption shall not be construed to give authority to violate or cancel the provisions of any state or local law. Applicant By: w - -- _ Date MTrPAF.r. AAxF.P . MWPPAT MAMA(-V.R RELATED FILES: Receipt #: 20 � 12/10/96 iY coo � f TI. IE Fn 0 9 ov o` a., I No CL lk Lo 00 cc) ise.; U ar •-•0 i 11, � .�n � E UJ • I . tv 0 9 ov o` a., I 06/16/2009 12:1F 4809817176 KILLEEN ASSOCIATES -- PAGE 01 ® DATE (MW00fYrM AG' 1 CERTIFICATE CIF LIABILITY INSURANCE 6i16i2009 PRODUCER (480) 922 -1450 EAX: (480) 922 -1348 THIS CERTIFICATE IS ISSUED AS A MAT TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CLS Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1745 S Alma School Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 245 AZ 852 -3013 INSURERS AFFO COVERAGE NAIC # Mesa Certa Undjorw ritern at INSURER A; -_ Splash Down Co - AcOn ions , Inc., DSA: Splash INSURER B.- 2 922 S Mani to Blvd INSU RER C: INSU RER D: Spokane WA 99203 INSURER E: COVERAGES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF MAY PERTAIN, THE INSURANCE AFFORDED BY THE POIJOIES DESCRI81550 HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY H AVE SEEN REDU CED BY PAID CLAIMS. _ IN8R Da' -_ - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UNVS DATE EACH OCCURRENCE s 1,000,000 pENERALUASIUrr X COtWwIERCIA GENERAL LIAB . i PREntls.ES�9 M81 s _ 1 , 000 A X 1 CWkA6 MADE FA OCCUR r W L004619 5/30/2009 5/30/2010 WD . EXPS nN one n) S _1, 000 PERSONAL & AOV INJURY S 1 " 000 , 1 00q M- GENERAL AGGREGATE _ S 3 OOQ ; PRODUC . COMPIOP AGO S 2, 000 , 000 GEN t AGGREGATE LUuI1T APPLIE PER X POLICY PRO• LOC AM MOBILE LIABILITY R ECEIVE COMBINED SINOLE LIMIT L (� '�` °�") - ANY AUTO 1 I ALL DIMJED AUTOS BODILY INJURY 8 {Per person) SCHEDULED AUTOS JUN 16 209 -- -- HIRED AUTOS BODILY INJURY $ (Per RaldaM) I NON -OWNED AUTOS PARKS & RECREATION DEPT. PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDE S GARAGE LIABILITY EA ACC 9 ANY AUTO OTHER THAN AUTO ONLY: AGG S I Q(GESS f UMBRELLA LIAD1L11Y EA OCCUR -- i I OCCUR CLAIMS MADE AGGREOATB__ S DEDUCTIBLE - S RETENTION S WC STATU OTH WORKERS COMPENSATION J.IMLTS __ E AND E KOYER6' LIABILITY YIN ANY PRQPRIETORPARTNEPAXECLM\fE f E.L. EACH ACCIDENT ... L S OPFICERAAEMBER EXCLUDED? U E. L. DISEASE - EA EMPLO $ (Mendatw y In NH) H yea, describe und9r E.L. DISEASE -POLICY LIMIT 13 SPECIAL PROVISIONS below I • OTHER DESCRIPTION OF OPERATIONS / LOCATIaNE I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER (509) 688 -0188 City of Spokane valley 11707 E. Spokane Ave. Spokane Vallay, WA 99206 ►ANCELLATION SHOUW ANY OF THEABOVE DESCRIBED POU00 AE CANCELLED BEFORI" tf1E UPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL � O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BVT FAILURE TO DO SO SHALL IMPOSE No OBLIGATION OR UMILITY OF ANY 10NID UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Tim Killeen/TIM ACORD 25 (2009101) ® 198$ -2009 ACORD CORPORATION. All rights resarvad. INS025 (2oog0» The ACORD name and logo are iregistared marks of ACORD 06/16/2009 12:1F 4809817176 KILLEEN ASSOCIATES -- PAGE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not oonfar rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certfficate does not confer rights to the certificate holder in lieu of such andorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a oontract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon_ ACORD 26 (2009101) 06/16/2009 12:1r 4809817176 KILLEEN ASSOCIATES PAGE 03 a1-o I Client#:8738 SPLASDOW ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/05/2016 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. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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). PRODUCER CONTACT NAME: Haas&Wilkerson Insurance PHE No,Ext):913 4324400 FAX (AIC,No): 4300 Shawnee Mission Parkway E-MAIL ADDRESS: . Fairway,KS 66205 INSURER(S)AFFORDING COVERAGE NAIC# • 913 432-4400 INSURER A:ACE American Insurance Company 22667 INSURED INSURER B: Splash Down Concessions,Inc.dba INSURER C: Splash Down Family Waterpark INSURER D: 2922 S Manito Blvd. INSURER E: Spokane,WA 99203 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER (MM/DDIIYYY YY) (MM/DDY/YY EXP LIMITS A GENERAL LIABILITY G24633780 07/01/2016 07/01/2017 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO(EaEcecu ence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $EXCLUDED PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ - AUTOS _ AUTOS NON-OHIRED AUTOS _ AUTOS PROPERTY(Per acccident)ident)DAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION INC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER OFFICRR/ EXCUPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Spokane Valley THE EXPIRATIONDATTE T EREOF, NOTICEWILL BE BEFORE DELIVERED IN 11707 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Suite 103 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S265253/M265252 TAFFV POLICY NUMBER: G24633780 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 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): Name Of Person(s)Or Organization(s)(Additional Insured): City of Spokane Valley 11707 East Sprague Avenue Suite 103 Spokane Valley, WA 99206 Additional Premium: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability arising out of the will not be broader than that which you are ownership, maintenance or use of that part of the required by the contract or agreement to premises leased to you and shown in the provide for such additional insured. Schedule and subject to the following additional B. With respect to the insurance afforded to these exclusions: additional insureds, the following is added to This insurance does not apply to: Section III—Limits Of Insurance: 1. Any "occurrence" which takes place after you If coverage provided to the additional insured is cease to be a tenant in that premises. required by a contract or agreement, the most we 2. Structural alterations, new construction or will pay on behalf of the additional insured is the demolition operations performed by or on amount of insurance: behalf of the person(s) or organization(s) 1. Required by the contract or agreement; or shown in the Schedule. 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable Limits of Insurance shown in the Declarations. CG 20 11 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 DATE (MM/DD/YY) CERTIFICATE OF INSURANCE 06/20/2017 PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY International Special Events and Recreation Association, Inc. Inc., A Risk AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Retention Purchasing Group qualified under the Risk Retention Act of 1986; CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR Federal Law 97-45. NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED P.O. Box 469 BY THE INSURANCE POLICIES BELOW. Sandy, UT 84091-0469 INSURERS AFFORDING COVERAGE 800-321-1493 INSURER A: INSURED NOTICE: Coverage is being provided as part of a Master Group Splash Down Concession Policy issued to members of the International Special Events and INSURER B: Recreation Association, Inc. INSURER C: , a Risk Retention 'Purchasing Group' authorized under the Risk Retention Act of 1986: Federal Law 97-45. INSURER D: 11127 E Mission Ave INSURER E: Spokane , WA 99206 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds, London INSURER F: EFFECT AS OF POLICY INCEPTION" COVERAGES The policies of insurance listed below have been issued to the insured named above for the policy 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. POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) TYPE OF INSURANCEPOLICY NUMBERDATE (MM/DD/YY)LIMITS LAP0374-170600316/9/20176/9/2018$100,000Per Person Commercial Liability $1,000,000Per Accident Claims Made $2,000,000Policy Aggregate Exclude Products Exclude Completed Operations Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Drive Away Commercial Garage Liability G.K.L.L. O.T.R.P.D. D.O.C. Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations Excess Liability Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL INSURED Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negligent of the Insured. DESCRIPTION OF OPERATION/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations on the Participant Member Declaration Certificate or as may be separately endorsed. Waterparks - Admissions, Main Gate - Receipts, Waterparks - Slides - Each., Premises Liability - Scheduled Locations Only., Snack Bar - Food Concession - Products Liability - Food Only., Waterparks - Pools - Each. CERTIFICATE HOLDERADDITIONAL INSUREDLOSS PAYEE City of Spokane Valley -City Hall SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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. 11707 E Sprauge Suite 106 Spokane , WA 99206 AUTHORIZED REPRESENTATIVE OF THE 'PURCHASING GROUP' ISERA-F-014 03OCT2005 ADDITIONAL INSURED ENDORSEMENT RAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Coverage Contract and must be adhered to for coverage to be provided to the Participating Member under the Coverage Contract. No activities conducted by the Participating Member are covered under the Coverage Contract unless they are conducted in full compliance with all of the requirements specified below and in the Coverage Contract. The Participating Member must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Participating Member agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Coverage Contract will result in the denial of coverage under the Coverage Contract meaning the Insurer will not be obligated to indemnify or defend you. Master Coverage Contract Number: LAP0374Certificate Number:17060031 Participating Member:Splash Down Concession Effective Date: 6/20/2017 Additional Insured:City of Spokane Valley -City Hall 11707 E Sprauge Suite 106 Spokane, WA 99206 The "Who is a Participating Member" provision of the Coverage Contract shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Participating Member only, and subject to all other terms and conditions of the Coverage Contract and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Participating Member and only to the extent the Participating Member would have been liable and coverage would have been afforded to the Participating Member under the terms and conditions of this Coverage Contract had such Claim been made against the Participating Member. The Coverage Contract expressly provides that coverage is to be construed and enforced in accordance with the laws of the State of Utah, and the Participating Member has consented to the jurisdiction of the courts of the State of Utah and has agreed that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to coverage issues. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Master Group Policy issued to the Insured Association, the participating member Coverage Contract, and all related documents providing coverage to the Participating Member. The failure of the Participating Member to adhere to any such provisions will also defeat coverage under the Coverage Contract for all Additional Insureds. A copy of the Participating Member Coverage Contract may be obtained from the Participating Member or by contacting the Industry Association Purchasing Group office in Salt Lake City, Utah, during normal business hours. Endorsement No.:2 Rick J. Lindsey 729929 RAP-99-12 12DEC2007Page 1 of 1 DATE(MM/DD/YY) CERTIFICATE OF INSURANCE 06/20/2017 PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY International Special Events and Recreation Association,Inc.Inc.,A Risk AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Retention Purchasing Group qualified under the Risk Retention Act of 1986; CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR Federal Law 97-45. NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED P.O.Box 469 Sandy,UT 84091-0469 BY THE INSURANCE POLICIES BELOW. 800-321-1493 INSURERS AFFORDING COVERAGE INSURED INSURER A: NOTICE:Coverage is being provided as part of a Master Group Splash Down Concession INSURER B: Policy issued to members of the International Special Events and INSURER C: Recreation Association,Inc. ,a Risk Retention'Purchasing Group'authorized under the Risk INSURER D: Retention Act of 1986:Federal Law 97-45. 11127 E Mission Ave IAICI IRFR F• Spokane, WA 99206 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds,London EFFECT AS OF POLICY INCEPTION" COVERAGES The policies of insurance listed below have been issued to the insured named above for the policy 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. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS • Commercial Liability LAP0374-17060031 6/9/2017 6/9/2018 $100,000 Per Person ❑Q Claims Made $1,000,000 Per Accident $2,000,000 Policy Aggregate ❑J Exclude Products © Exclude Completed Operations ❑ Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Drive Away ❑ Commercial Garage Liability G.K.L.L. O.T.R.P.D. D.O.C. Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations ❑ Excess Liability ❑ Claims Made LIMITATION OF COVERAGE FOR ADDITIONAL INSURED Liability Coverage is only provided to the Additional Insured with respect to Accidents otherwise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negligent of the Insured. DESCRIPTION OF OPERATION/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limited to only insured activities or operations on the Participant Member Declaration Certificate or as may be separately endorsed.Waterparks-Admissions, Main Gate-Receipts,Waterparks-Slides-Each.,Premises Liability-Scheduled Locations Only.,Snack Bar-Food Concession-Products Liability-Food Only., Waterparks-Pools-Each. LI I CERTIFICATE HOLDER 1J I ADDITIONAL INSURED H I LOSS PAYEE City of Spokane Valley-City Hall SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 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 11707 E Sprauge Suite 106 UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Spokane, WA 99206 AUTHORIZED REPRESEN E OFTHE'PURC ASING GROUP' • ISERA-F-014 030CT2005 44 IrII-RAr ADDITIONAL INSURED ENDORSEMENT RAP-99-12 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Coverage Contract and must be adhered to for coverage to be provided to the Participating Member under the Coverage Contract. No activities conducted by the Participating Member are covered under the Coverage Contract unless they are conducted in full compliance with all of the requirements specified below and in the Coverage Contract. The Participating Member must advise its employees, agents, contractors, and/or subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Participating Member agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Coverage Contract will result in the denial of coverage under the Coverage Contract meaning the Insurer will not be obligated to indemnify or defend you. Master Coverage Contract Number: LAP0374 Certificate Number: 17060031 Participating Member: Splash Down Concession Effective Date: 6/20/2017 Additional Insured: City of Spokane Valley-City Hall 11707 E Sprauge Suite 106 Spokane, WA 99206 The'Who is a Participating Member"provision of the Coverage Contract shall be amended to include the person or organization scheduled in this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Participating Member only, and subject to all other terms and conditions of the Coverage Contract and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Participating Member and only to the extent the Participating Member would have been liable and coverage would have been afforded to the Participating Member under the terms and conditions of this Coverage Contract had such Claim been made against the Participating Member. The Coverage Contract expressly provides that coverage is to be construed and enforced in accordance with the laws of the State of Utah, and the Participating Member has consented to the jurisdiction of the courts of the State of Utah and has agreed that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to coverage issues. The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Master Group Policy issued to the Insured Association, the participating member Coverage Contract, and all related documents providing coverage to the Participating Member. The failure of the Participating Member to adhere to any such provisions will also defeat coverage under the Coverage Contract for all Additional Insureds. A copy of the Participating Member Coverage Contract may be obtained from the Participating Member or by contacting the Industry Association Purchasing Group office in Salt Lake City, Utah, during normal business hours. Endorsement No.: 2 Rick J.Lindsey 729929 RAP-99-12 12DEC2007 Page 1 of 1