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18-104.00 New Splashdown Concessions: Lease Agreement 10 ) OLI LEASE AGREEMENT—NEW SPLASH-DOWN CONCESSIONS,INC. This Agreement is between the City of Spokane Valley, a municipality of the State of Washington, with an address of 10210 East Sprague Avenue, Spokane Valley, Washington, 99206, hereinafter referred to as the "City," and New Splash-Down Concessions, Inc. having offices with an address of 2206 North Pines, Spokane Valley, Washington, 99206, hereinafter referred to as "Splashdown,"jointly,hereinafter referred to along with the City as the "Parties." WITNESSETH: WHEREAS, pursuant to RCW 35A.11.020, a city may lease real property, buildings, or facilities in the rendering of recreational services; and WHEREAS, the City is the owner of Valley Mission Park, located at 11123 East Mission, Spokane Valley,Washington; and WHEREAS, the City (and Spokane County prior to that) previously leased a portion of Valley Mission Park to Splashdown for the purpose of operating a water slide facility for use by the public;and WHEREAS, the City issued a notice of termination of the prior Lease Agreement (Agreement) to the prior owners of Splashdown on May 8, 2018 for material breach of the Agreement principally relating to non-payment of the lease amounts; and WHEREAS, the new owners of Splashdown is a group of investors led by William and Ruth Bleasner and the registered agent is John Montgomery, 2206 North Pines, Spokane Valley; and WHEREAS, Splashdown, under its new ownership, desires to enter into a new lease agreement with the City under the same terms that have been historically agreed to; and WHEREAS, the City desires to have Splashdown continue to provide recreational amenities to the residents of the City and has no other current use for the property at issue. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties mutually agree as follows: Section 1. Subject and Purpose. - The City leases to Splashdown, subject to the terms and conditions herein contained, certain real property in Valley Mission Park located at 11123 East Mission, Spokane Valley,Washington,and more particularly described as follows: 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. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 1 of 9 This property shall hereinafter be referred to as the "Premises" for the purpose of constructing and operating only a water slide or slides and related landscaping uses. Splashdown is further permitted to sell food, soft drinks, active wear, and souvenirs on the Premises consistent with operation of the water slide. Splashdown 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, and subject to any applicable provisions in the Spokane Valley Municipal Code (SVMC). The City reserves the right to designate spaces for specific uses which may place limitations on use by Splashdown. Splashdown 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 67 months, commencing on June 1, 2018, and terminating on December 31, 2023. This Agreement may be extended for an additional five years, which would run from January 1, 2024 to December 31, 2028. The option shall be considered and determined no later than November 1,2023. Section 3. Construction of Slide Facilities. A. Splashdown, at its sole expense, shall construct 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. If at any time during the life of this Agreement the Splashdown 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. B. If Splashdown desires to add additional flumes, apparatus, or other recreational items or facilities other than those constructed and in use at the time this Agreement is executed, Splashdown shall first obtain written permission for the City at least 90 days prior to the start of construction,and obtain all necessary permits related thereto. Section 4. Operation of Slide. A. Splashdown may only utilize the premises for the operation of a business providing recreational water slide services for public use during the last week of May, the months of June, July, and August, and the first week of September; provided, however, that hours of operation shall comply with any applicable SVMC provisions. B. Splashdown shall be responsible for garbage, electricity, water, natural gas, sewer, telephone service, and any other public utility of any kind furnished to the Premises during the term of this Agreement, including any extensions. Splashdown shall pay any and all other costs and expenses of every kind whatsoever 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 such costs. C.Any signage shall comply with currently adopted SVMC provisions. D. Splashdown shall not discriminate against any employee or applicant for employment, or patron in violation of federal or Washington State law. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 2 of 9 Section 5. Fee. - Splashdown shall pay to the City for the initial and renewal terms of this Agreement an annual lease payment of$15,000, plus applicable leasehold excise tax (the annual payment). The annual payment may, at Splashdown's option, be paid in one lump sum payment or, alternatively, in three equal payments. If the annual payment for 2018 is in three equal payments, they shall be physically received by the City no later than 4:00 p.m. on August 5, September 5, and October 5. For subsequent years, if the annual payment is in equal payments, the payments shall be due by 4:00 p.m. on July 5,August 5,and September 5. Section 6. Compliance with Leasehold Excise Tax. A. This Agreement is subject to the "leasehold excise tax" pursuant to chapter 82.29A RCW,as adopted or amended,and shall promptly pay the City all leasehold excise tax amounts in addition to the fees set forth in Section 5. The rate is currently 12.84% pursuant to state law, which currently results in a tax of $642 per $5,000 payment, or $1,926 for the annual lease payment of$15,000. This amount may change in the future if chapter 82.29A RCW is amended, and it shall be Splashdown's responsibility to ensure it is paying the correct amount. B. Splashdown agrees to promptly pay when due any other 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 Splashdown regarding its use of the Premises. Splashdown further agrees to pay promptly when due all applicable taxes imposed on Splashdown as a result of the services provided upon the Premises. C. Splashdown shall comply with and abide by all federal, state, 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 7. 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 Splashdown: This Agreement may be terminated by Splashdown upon 30 days written notice upon a default by the City in the performance of any terms of this Agreement required to be performed by the City, and the subsequent failure of the City to remedy such default within 30 days after the receipt from Splashdown of written notice to remedy the same; provided, however,that no notice of termination shall have any force or effect if the City shall have remedied the default prior to the expiration of the 30-day period, or if the nature of such default is such that a period in excess of 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 a reasonable amount of time to cure the default. By CITY: This Agreement may be terminated by the City upon 30 days' written notice to Splashdown for the following: A. The failure of Splashdown to make any payments of money as required hereunder after receiving 10 days' written notice of its failure to pay such money. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 3 of 9 B. Abandonment of the Premises by Splashdown and/or the continuance of unauthorized conduct and operation of the business required hereunder for a period of at least five consecutive days. Failure to operate the business as authorized herein would be considered abandonment. Provided, however, that the City agrees that interruptions in the operation of the water slide due to weather conditions or repairs shall not constitute an abandonment of the Premises. C. A default by Splashdown in the performance of any terms, conditions, or covenants of this Agreement,and the failure of Splashdown to remedy such default within 30 days after receipt of written notice to remedy the same. Splashdown may cure any such default to the satisfaction of the City, which shall render the notice of default moot. In such event, Splashdown shall have such time as is reasonably required to cure the default. Section 8. Removal of Improvements. A. In the event of termination of the lease under Section 8, the Parties shall have the following remedies: By Splashdown: In the event of termination by Splashdown, and except as provided herein, Splashdown shall have the right to remove all improvements from the Premises at any time within 120 days after such termination within the hours of 7:00 a.m. and 8:00 p.m. Splashdown 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 the City or at the end of the term of this Agreement, the City shall have the right for a period of 90 days after termination to purchase the improvements from Splashdown at a price to be mutually agreed upon. In the event the City does not exercise its right to purchase the improvements, Splashdown 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, and Splashdown does not remove the improvements placed upon the Premises by Splashdown within the time frames set forth herein,the City may at its option, (1) on the payment of$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 Splashdown a fee for dismantling,removing,transporting, and storing said property. Section 9. Waste and Nuisance Prohibited. - Splashdown shall not commit, or suffer to be committed, any waste or nuisance on the Premises. Section 10. Sewers. The Parties agree to the following allocation of costs with regard to sewer: A. Sewer Capital Facilities Rate: Splashdown shall be responsible for paying all Sewer Capital Facilities Rate charges (i.e. ERU's) allocable to Splashdown's use of the Premises. B. Splashdown 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. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 4 of 9 Splashdown shall, at its expense, install an additional water meter(s)to measure the flow of water entering the sewered portion of the Premises. C. Splashdown shall hook up to sewer no later than October 31, 2019, or when the City, as the owner of the property, is notified by Spokane County that hookup is required. D. Splashdown shall pay all monthly sewer charges allocable to Splashdown's use of the Premises. Section 11. 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 10210 East Sprague Avenue Spokane Valley, Washington 99206 To LESSEE: New Splash-Down Concessions,Inc. 2206 North Pines Spokane Valley,Washington 99206 B. The address to which any notice, demand, or any other writing may be given or made or sent to any Party may be changed by at least 30 days' written notice. Section 12. Insurance. Splashdown 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 Splashdown's operation and use of the leased Premises. No Limitation. Splashdown's maintenance of insurance as required by the agreement shall not be construed to limit the liability of Splashdown 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 Splashdown 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 Splashdown'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 Splashdown shall maintain the following insurance limits: Water Slide Agreement—New Splash-Down Concessions,Inc. Page 5 of 9 1. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of Splashdown'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. Splashdown's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of Splashdown's insurance and shall not contribute to it. 2. Splashdown's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after 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 Splashdown 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 Splashdown. Section 13. Indemnification and Hold Harmless. Splashdown 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 Splashdown's use of Premises, or from the conduct of Splashdown's business, or from any activity, work or thing done, permitted, or suffered by Splashdown in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. Section 14. 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 this lease, or for the recovery of the possession of the Premises, each Party shall pay all of their own attorney's fees. Section 15. Repairs. A. Throughout the term of this Agreement, Splashdown shall at its own cost and without any expense to the City, keep and maintain the Premises in good, neat, and sanitary order. This includes all buildings and improvements of every kind which may be a part thereof including all appurtenances thereto, including sidewalks adjacent thereto. The City shall not be obligated to Water Slide Agreement—New Splash-Down Concessions,Inc. Page 6 of 9 make any repairs, replacements, or renewals of any kind, nature, or description whatsoever to the Premises,or any buildings or improvements thereon. B. Splashdown shall control all rodents and other pests that may be on or in the Premises during the term of this Agreement. C. Splashdown shall provide trash and garbage receptacles and have refuse removed from the Premises on a regular basis. D. Splashdown shall remain in compliance with all applicable laws and regulations of the Spokane Regional Health Department. Section 16. Insolvency or Bankruptcy - If Splashdown becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Splashdown,then the City may terminate this Agreement. Section 17. Employees - Splashdown shall conduct a background check on all employees working at the water slide or any concessions operated on the Premises. Section 18. Liens - Splashdown shall keep the Premises free and clear from all mechanics' and materialmens' and other liens from work or labor done or services performed in any way arising out of the use of the Premises by Splashdown. Section 19. Ownership of Improvements. — All improvements and equipment placed on the Premises by Splashdown shall be and remain the property of Splashdown, and the City shall have no interest therein except as provided hereinafter. Section 20. Non-Liability of City for Theft,Burglary or Vandalism-The City shall not be liable in any manner for any loss, injury, or damage incurred by Splashdown from any acts of theft, burglary, or vandalism. Splashdown shall be responsible for providing all expenditures relating to any security precaution that Splashdown deems necessary or appropriate for the safety of the personnel, guests, employees, patrons, or users of the premises, or property of Splashdown located on the Premises. Splashdown shall implement security measures sufficient to secure the Premises after hours and prevent unauthorized use. Section 21. Relationship of the Parties. A. The Parties intend that an independent contractor 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 Splashdown. Splashdown 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. No agency, employment or partnership is created by this Agreement. Splashdown'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 22. Venue Stipulation-This Agreement has been made and delivered within the State of Washington, and 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 Water Slide Agreement—New Splash-Down Concessions,Inc. Page 7 of 9 enforcement of this Agreement or any provision hereof shall be instituted and maintained only in Spokane County Superior Court. Section 23. 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. Splashdown may not assign, transfer in whole or in part its interest in this Agreement without the same being first authorized by motion of the City Council. A decision by the City Council to provide consent or denial shall be communicated to Splashdown within a reasonable time frame, not to exceed 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 the 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 24. 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 being 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 Splashdown 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 25. Modification - There shall be no modification of this Agreement, except in writing, executed with the same formalities of this present instrument. Section 26. Severability. 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 shall be deemed void insofar as it may be in conflict, and be deemed to modify the Agreement to conform to such statutory provisions. Section 27. Time of the Essence - Time is of the essence regarding each and every provision of this Agreement. Section 28. All Writing Contained Herein-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. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 8 of 9 Section 29. Exhibits— A.Insurance certificates. IN WITNESS WHEREOF, the PARI'IhS have caused this Agreement to be executed on the date and year set forth above. CITY OF SPOKANE VALLEY: NEW SPLASH-DOWN CONCESSIONS,INC.: I W YI'? ,lam 4..1'.."1- L" - Mark Calhoun, City Manager Name Tax ID No._REDACTED Approved as to form: Approved as to form: or • ice/ Aiecilrney '•unse . `�ew • ash-Down Concess • s,Inc. This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Water Slide Agreement—New Splash-Down Concessions,Inc. Page 9 of 9 RECEIVED 06/22/2018 04:17PM 6/22/2018 5:25 PM Insurance Services -> 915099222196 2 CERTIFICATE OF INSURANCE I DATE(M 0108 PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INF RMATION 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. P.O.Box 469 NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED 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 It 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 MenRDD c. Spokane, WA 99206 "LIMITS SHOWN ARE THOSE IN Certain Underwriters at Lloyds,London!Prime Insurance EFFECT AS OF POLICY INCEPTION" Cumpauy plf 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 ell 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(MMIDOIYY) DATE IMMIDDIYY) LIMITS ill Commercial Liability LAP0386-18060028 6/19/2018 6/19/2019 $100,000 Per Person $1,000,000 Per Accident EJ Claims Made $2,000,000 Policy Aggregate 0 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 OPERATIONILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL 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 HOLDER M ADDITIONAL INSURED U1 LOSS PAYEE The City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT City Attorney FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 10210 E.Sprague Avenue UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Spokane, WA 99206 AUTHORIZED REPRESENTATJV OFT NG GROUP' ISERA-F-014 030CT2005 I, RECEIVED 06/22/2018 04:17PM 6/22/2018 5:25 PM Insurance Services —> 915099222196 3 ADDITIONAL NAMED INSURED ENDORSEMENT FOR STATE OR POLITICAL SUBDIVISIONS AND U.S. GOVERNMENT AGENCIES RCL-99.13 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The"Who is a Participating Member?"provision of this Coverage Contract shall include as an additional Named Insured under the Coverage Contract issued,any state,political subdivision,or U.S.government agency so designated in the schedule below("Additional Named Insured"),subject to the following additional provisions: 1. Coverage applies only to operations performed by or on behalf of the Participating Member for which an Additional Named Insured has issued a permit to the Participating Member,and only with respect to liability arising from the operations of the Participating Member shown on the Participating Member's Declarations Page. 2. No coverage exists for Bodily Injury or Property Damage arising out of operations for which a permit was not issued by an Additional Named Insured. 3. Liability coverage is provided to,and the Insurer has the duty to defend,any Additional Named Insured listed below only with respect to injury,loss,or damage associated with the Participating Member's use and occupancy of State or Federal lands covered by this Coverage Contract. 4. If the Participating Member fails to conduct special permit activities in full compliance with the special representations that are a part of this Coverage Contract,then the Coverage Contract shall nevertheless apply;however,special use permit activities that are not conducted in full compliance with the special representations are subject to an automatic and immediate$5,000 increase of the Participating Member's Self-Insured Retention. 5. No Endorsements issued after the initial Coverage Contract shall be added to the Coverage Contract without the approval of the Additional Named Insured. 6. The Participating Member may use a participant agreement form approved by the Additional Named Insured. This participating agreement provision supersedes any contrary provision contained in the Policy or any other Endorsement. 7. Should this Coverage Contract be cancelled before the end of its stated term,the Insurer shall give any Additional Named Insured 30 day's prior written notice of such cancellation. If notice to any Additional Named Insured is not provided for any reason,the Participating Member's Coverage Contract will cancel; however,coverage will be provided to any Additional Named Insured through the stated term or until proper notice is delivered. Master Coverage Contract# LAP0386 Certificate# 18060028 Participating Member: Splash Down Concession Effective Date: 6/22/2018 Date Issued: 6/22/2018 Additional Named Insured-Designation of State,Political Subdivision,or U.S.Government Agency: The City of Spokane Valley Attention: City Attorney 10210 E.Sprague Avenue Spokane,WA 99206 Endorsement# 1 RCL-99-13 21APR2004 Page 1 of 1 RA • CREST DATE(M(VI/DD/YYYY) �,�,.,... EVIDENCE OF PROPERTY INSURANCE 6/26/2018 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER:OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITtONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,"EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES *BELOW. THIS EVIDENCE OF INSURANCE'DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR.PRODUCER,AND THE•ADDITIUNAL INTEREST.. • AGENCY PHONE' 509 318-21'21 �,�„A/C,Nn,Ext):( ) COMPANY Starr&Brown Liberty Mutual 219 N Pines Rd 24001 E Mission Ave Spokane Valley,WA 99206 Liberty Lake,WA 99019 in'c.Not 009)9284379 1 naDaE$5 Ern„aii@StarrBrow cam CODE:_ f SUB CODE: AGENCY IER ID 9:111EW.SPLA-01 _._._ .______ --.•---._. __� INSURED New Splash-Down Concessions,Inc LOAN NUMBER 'POLICY NUMBER 12727 B Piper Rd BFS58941401 Spokane,WA-99217 EFFECTIVE DATE EXPIRATION DATE 6/22/2018 6122/2019 TERMINATED IF ISMO THIS REPLACES PRIOR EV101=NCE DATED: _ I PROPERTY•INFORMATIONr LOCATION/DESCRIPTION Los#1,Bldg#1,11127 E Mission Ave,Spokane,:WA$9206,Concessions/Tickets/Bathrooms Loc#1,Bldg#2,11127 B•Mission Ave,Spokane,WA•90206,Small Pancesslon Los#1,Bldg#3,11127E:Mission Ave,Spokane,WA-99206,Bathrooms 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 EVIDENCE OF PROPERTY INSURANCE MAY SE'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. COVERAGE INFORMATION PERILS INSURED I BASIC BROAD iSPECIAL I COVERAGE:/PERILS/FORMS I AMOUNT-OF INSURANCE DEDUCTIBLE Loc#1,Bldg#i Building,Special(Including theft),Replacement Cost $124,9161 1,000 Business Personal Property,Special(Including theft),Replacement Cost $10,0001 1,000 Business Interruption,Special(Including Visit) I 1,000 Cos#1,Bldg#'2 Building,Special(including theft),Replacement Cost $28,9221 1,000 Loc#1,Bldg#3 Building;Special(Including theft),Replacement Cost 6167,656 1,000 REMARKS(Including Special Conditions) CANCELLATION • SHOULD ANY .OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCETMTH THE POLICY PROVISIONS. _ADDITIONAL INTEREST NAME AND ADDRESS il I 4 ADDITIONAL INSURED X 1 LENDER'S LOSS PAYABLE L.J LOSS PAYEE X i MORTGAGEE I I (LOANS City of Spokane Valley Attn:City Attorney I AUTHORIZED REPRESENTATIVE 10210E Sprague 1 (...4: eD Spokane,WA 99206 ACORD 27(2016/03) C�1993-2615 ACORD CORPORATION. All rights reserved. The ACORD name and loge are registered marks of ACORD .„---- CREST) ACCORD* CER.TIFICAT`E OF PROPERTY INSURANCE DATE(MMWDD/TYYY) *�'�^"� 06/26/241$ THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T.HE.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•CERTIFICA•TE HOLDER. . PRODUCER 1� MNTAC7 Starr&Brown Erinfo,;, ;(549).928.-2121 ,i�� ,_NSI:(509)928-8379 219 N Pines Rd • EMAIL Email StarrBrown.com ._._..._ Spokane Valley,WA 99206 ADDRESS: _ PRODUCERID: (Tamread Q7 • INSURER(S)AFFORDING COVERAGE __ • NATO# INSURED a • 1 INSURER A l Librty Mutual _ .._.._ --•-_.____._. IINSURER B 3___.._...___ .__...__...........__.._...�__.----�.. �__ ..._.. ..__ _ New Splash-Down Concessions,Inc INSURER a t 12727 E Piper Rd, Spokane,WA 99217 • INSURER.D .._._ _________ I I INSURER E __ _ ` I INSURER F•: • —�__.._. ^- COVERAGES . CERTIFICATE NUMBER:. REVISION NUMBER: . LOCATION•OF PREMISES!DESCRIPTION OF PROPERTY(AttechACOR0101,Additional Remarks Schedule,if spore apace Is required) 1 2 11127 E Mission Ave,.Spokane,WA,99206 City of Spokane Valley Is named.as loss payee-and mortgagee for buildings located.at 11127.E Mission Ave,Spokane Valley,WA 99206. _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE:INSURED.NAMED ABOVE FOR THE POLICY PERIOD -� INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM ORCtiNDITIOU OF ANY CONTRACTOR OTHER.DOt UMENT 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 SY'PAID CLAIMS. !NSI/ TYPE OF INSURANCE. POLICY NUMBER POtICY'EFFECTIVE 'POLICY EXPIRAT)ON COVERED PROPERTY �_.. UNITS LITZDATE DOE A r'' I PROPERTY I X BUILDING $_______ 124,916 CAUSES OF LOSS {DEDUCTIBLES 1BFs5894.1401 06/22/2018 06/22/2019 I PERSONAL PROPERTY $ BASIC 1 BUILDING I • I _ BUSINESS INCOME $ _ 1,000i BROAD CONTENTS �_. EXTRA EXPENSE $ . __ X SPECIAL RENTAL VALUE .6_._..._._. .._..�., EARTHQUAKE BLANKET BUILDING $ WIND � BLANKET PERS PROP $ _ I BLANKET'S=8 PP 9 I_FLOOD ...-I I I x[Business Personal Pt $ 10,000 • • X 1 Business Income $ I INLAND MARINE !TYPE OF.POLICY j $ CAUSES OP LOSS ______ I I $ _._.. �_. NAMED PERILS I POLICY NUMBER -- ' t$�`�T� -�. I $ _J CRIME 9 __. ._.` y_ .._. _ _ TYPE OF POLICY r_____-__ i i 5 BOILER&MACHINERY/ } I I---'EQUIPMENT BREAKDOWN f I --IP_. 1 S _..„,.„ _$._.,____._.__.__.___._. • .. . .. _, _.. $ SPECIAL CONDITIONS!OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached it more apace Is required) CERTIFICATE HOLDER CANCELLATION , ^"e SHOULD ANY.OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City¢f Spokane Valley THE.EXPIRATION DATETHEREQF,NOTICE WILL BE DELIVERED IN Attn:City Attorney ACCORDANCE WITH THE POLICY PROVISIONS. 1021D E Sprague Spokane,WA-99206 AUTHORIZED REPRESENTATIVEff 4 l ~ ACORD 24(2016143) 01995-2016 ACORD CORPORATION. All rights reserved. • The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE nDS/zlwii19"YI PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY International Special Lbents and Reumbnn Association Inc Inc,A Risk AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Retention Purchasing Group qualified under the Risk Retention Act of CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR Federal.Lax 97A5 NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED P Bos 469 Sandy,UT N4091-0469 BY THE INSURANCE POLICIES BELOW 800-321-l493 INSURERS AFFORDING COVERAGE INSURED INSURER A NOTICE Coverage is being provided as part of a Master Group Splash Duwn Concession INSURER B Policy issued to members of the International Special Events and INSURER Recreation Association,Inc ,a Risk Retention'Purchasing Group'authorized under the Risk INSURER 0 Retention Act of 1986'Federal Law 97-05 11127 E Mission Abe MCP Spokane WA 99206 "LIMITS SHOWN ARE THOSE IN Prime Insurance Company 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 of other document with respect to which this te may be issued or may pertain,the insurance afforded by the pekoes 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 POUCY NUMBER DATE(MMI00M/) DATE!Amman-0 LIMITS Vl Commercial Liability PAP1158-19060001 6/19/2019 6/19/2020 $100,000 Per Person J Claims made $1,000,000 Per Accident $2,000,000 Policy Aggregate ✓ Exclude Products J Exclude Completed Operations Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Drive Away ❑ Commercial Garage Liability GKLL OTRPD DOG Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations ▪ Excess Liability, Claims Made OTHER I!ability C overage is only provided to the Additional Insured mth respell to Accidents othennse covered under the Policy/Coverage Contract where the Insured is found directly liable and not x here the Additional Insured is found independently negligent of the Insured DESCRIPTION OF OPERATIOMLOCATIONSNEHICLESEXCLUSION5 ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage is limned to only wurcd acmnres or operations on the Participant Member Dcclarattun Cvrufcate or as may be separately endorsed Waterparks-Admissions, Main Crate-Receipts,Waterparks-Slide-Lech,Premises Liability-Sthedaled durations Only,Snack Bar-Food Concession-Products kiahiLty-Food Only, Waterparks-Pools-Each H CERTIFICATE HOLDER IJ ADDITIONAL INSURED LL LOSS PAYEE I he C its of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 10210 E Sprague At enue FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Spokane, WA 99206UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES City Attorney AUTHORIZED REPRESENTATIVE Vint ha. tT 4Tk ADDITIONAL NAMED INSURED ENDORSEMENT FOR STATE OR POLITICAL SUBDIVISIONS AND U.S. GOVERNMENT AGENCIES RCL-99-13 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The"Who is a Participating Member?"provision of this Coverage Contract shall include as an additional Named Insured under the Coverage Contract issued, any state, political subdivision, or U S government agency so designated in the schedule below("Additional Named Insured"), subject to the following additional provisions 1 Coverage applies only to operations performed by or on behalf of the Participating Member for which an Additional Named Insured has issued a permit to the Participating Member, and only with respect to liability arising from the operations of the Participating Member shown on the Participating Member's Declarations Page 2 No coverage exists for Bodily Injury or Property Damage arising out of operations for which a permit was not issued by an Additional Named Insured 3 Liability coverage is provided to, and the Insurer has the duty to defend, any Additional Named Insured listed below only with respect to injury, loss, or damage associated with the Participating Member's use and occupancy of State or Federal lands covered by this Coverage Contract 4 If the Participating Member fails to conduct special permit activities in full compliance with the special representations that are a part of this Coverage Contract, then the Coverage Contract shall nevertheless apply, however, special use permit activities that are not conducted in full compliance with the special representations are subject to an automatic and immediate$5,000 increase of the Participating Member's Self-Insured Retention 5 No Endorsements issued after the initial Coverage Contract shall be added to the Coverage Contract without the approval of the Additional Named Insured 6 The Participating Member may use a participant agreement form approved by the Additional Named Insured This participating agreement provision supersedes any contrary provision contained in the Policy or any other Endorsement 7 Should this Coverage Contract be cancelled before the end of its stated term, the Insurer shall give any Additional Named Insured 30 day's prior written notice of such cancellation. If notice to any Additional Named Insured is not provided for any reason,the Participating Member's Coverage Contract will cancel, however, coverage will be provided to any Additional Named Insured through the stated term or until proper notice is delivered_ MasterCoverage Contract# PAP1158 Certificate# 19060001 Participating Member Splash Down Concession Effective Date 6/19/2019 Date Issued 5/23/2019 Additional Named Insured -Designation of State, Political Subdivision, or U S Government Agency The City of Spokane Valley Attention City Attorney 10210 E Sprague Avenue Spokane, WA 99206 Endorsement# 1 RCL-99-13 21APR2004 Page 1 of 1 DATE(MM✓WOnrl CERTIFICATE OF INSURANCE 05/23/2919 PRODUCER AND THE NAMEDINBBRED International Special Events and Recreation Association,Inc Inc,A Risk THIS CERTIFICATE RIGHT UASAMATTER OFINF NONLY Retention Puichasing Group qualified under the Risk Retention At t of 1956. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS Federal Lar.e7.45 CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELY OR PO Bch 4te NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED Sandy,ITT 54091-0109 BY THE INSURANCE POLICIES BELOW. SMII-321-1493 INSURERS AFFORDING COVERAGE INSURED INSURER NOTICE Coverage is being provided as part of a Master Group Splash Dorm Concession INSURERS Policy issued to members of the International Special Events and INSURER C_ Recreation Association,Inc a Risk Retention Purchasing Group'authorized under he Risk INSURER D Retention Act of 1986 Federal Law 97-45 11127 E Mission Ave mist ioco Spokane, WA 9920b "LIMITS SHOWN ARE THOSE IN Prime Insurance company EFFECT AS OF POLIO INCEPI ION" 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 bythe 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 TYPE OF INSURANCE POLICY NUMBER POLICY MMODTIVE PUAICh maliDi EXPIRATION 1 TIVI •ImMNWfI1 LIMITS U Commercial Liability PAP1158-19060001 6/19/2019 6/19/2020 $100,000 Per Person 0 Claims Made $1,004000 Per Accident $2,000,000 Policy Aggregate 0 Exclude Products U Exclude Completed Operations Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Drive Away L Commercial Garage Liability GKLL OTRPD DOC Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations U Excess Liability, ❑ Claims Made OTHER DESCRIPTION OF OPERATIONILOCATIONSNEH!CLESEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CurcrdgemLmnW to only insured activities or operations on the Participant Member Declaration Cerntit ate or as may he separate])endorsed Waterparks-Admissions. Main Gate-Receipts Waterparks-Slides-Each Premises Liability-Scheduled Locations Only,Snack Rai-Food Concession-Products Liability-Food Only Waterparks-Pots-Each 1st] CERTIFICATE HOLDER U ADDITIONAL INSURED LI LOSS PAYEE FOR PROOF OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE us lkih k,,.� dlr�tl CRESTA tICSCPRCERTIFICATE OF PROPERTY INSURANCE �05/2212i 019 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. CONTACT PRODUC ER NAME: Starr&Brown Mt.Eat).(509)928-2121 (,e ,Net:(509)928-8379 219 N Pines Rd EENL EmailaStarrBrOWILCOm Spokane Valley,WA 99206 BWRFsa PRODUCER NEWSPLA-01 P RUERm: INSURER(S)AFFORDING COVERAGE NAIC INSURED INSURER Liberty Mutual _ _ INSURER B' New Splash-Down Concessions,Inc POURER c 12727E Piper Rd —Spokane,WA 99217 INSURER D INSURER E. INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATOR OF PREMIESI DESCRIPTION OF PROPERTY JAW eh ACORD IM,Additional Remarks Schedule,If mesa paw N remind, 1 1 11127 E Mission Ave,Spokane,WA,99206 City of Spokane Valley is named as loss payee and mortgagee for Oundings located at 11127 E Mission Ave,Spokane Valley.WA 99206. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTMTHSTANDING 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. 'T LNTSnR TYPE OF INSURANCE POLICY NUMBER W ILEI POLICY POLICY PIR COVERED PROPERTY UNITS MMILIDAYYTI A X I PROPERTY X BUILDING 130,162 CAUSES OF LOSS DEDUCTIBLES BFS58941401 06/2212019 0612212020 PERSONAL PROPERTY BASIC BUILDING 1000 BUSINESS INCOME BROAD CONTENTS EXTRA EXPENSE X SPECIAL RENTAL VALUE EARTHQUAKE BLANKET BUILDING 'MND BLANKET PERS PROP FLOOD _ BLANKET BLDG&PP X Business Personal Pr 10,300 X anilines Income I INLAID MARNE TYPE OF POLICY I CAUSES OF LOSS _ NAMED PERILS POLICY NUMBER cw,E TY PE OF POLICY BOILER a MACNNERYI EQUIPMENT BREAKDOWN -— SPECIAL CONDITIONS/OMERCOVEMOES(ACORD 101.Additional Ramada&Meek.Miry N M<Md if moo space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Spokane Valley THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN City of Attn: Sy kaneV ACCORDANCE WITH THE POLICY PROVISIONS. ttOrney 10210 E Sprague Spokane,WA 99206 AUTHORIZED - '/ REPRESENTATIVE ACORD 24(2016103) t 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �.� CRESTA AtCM O EVIDENCE OF PROPERTY INSURANCE es5ni/2019 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCYPHOAx,No, 609 928-2121 COMPANY Li LAX:, Starr&Brown 24 sty Mutual 219 N Pines Rd 25001E Mission Ave Spokane Valley,WA 99206 Liberty Lake,WA 99019 i Noc(609)9284379 iwRiss:Emall@StarrBrown.com CODE: SUB CODE'AGE _ CUSTOTOMERM&NEWSPLA-01 INSURED New Splash-Down Concessions,Inc LOAN NUMBER POLICY NUMBER 12727 E Piper Rd BFS58941401 Spokane,WA 99217 EFFECTIVE DATE EXPIRATION DATE 6/22/2019 6/22/2020CONTINUED UNTIL J TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED' PROPERTY INFORMATION LOCATION/E5C0.W1ICN Loc#1,Bldg#1,11127 E Mission Ave,Spokane,WA 99206,Concessions/Tickets/Bathrooms Loc#1,Bldg#2,11127 E Mission Ave,Spokane,WA 99206,Small Concession Loc#1,Bldg#3,11127 E Mission Ave,Spokane,WA 99206,Bathrooms 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 EVIDENCE OF PROPERTY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGE INFORMATION PERILS INSURED r BASIC BROAD SPECIAL COVERAGE I PERILS AMOUNT OF INSURANCE DEDUCTIBLE LOC#1,BMg#1 .— - Building,Special(Including theft),Replacement Cost 3130,162 1,000 Loc#1,Bldg#2 Building,Special(including theft),Replacement Cost $30,223 1,000 Los#1,BMg#3 Building,Special(Including theft),Replacement Cost S174,697 1,000 Loc#1,Bldg#1 Business Interruption,Special(Including theft),Actual Loss Sustained 1,000 Business Personal Property,Special(Including theft),Replacement Cost $10,300 1,000 REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSURED X LENDER'S LOSS PAYABLE LOSS PAYEE X MORTGAGEE City of Spokane Valley LOAN Attn:City Attorney 10210 E Sprague AUTHORIZED REPRESENTATIVE Spokane,WA 99206 li ACORD 27(2016/03) ®`919933-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IH- rD4 DATE(MMIWMY) CERTIFICATE OF INSURANCE 0523/2019 PRODUCER AND THE NAMED INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INF RMATION ONLY International Special Events and Recreation Assoctsoon,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 97.45.469 NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED S BoxUT BY THE INSURANCE POLICIES BELOW. 800-321-1493 2 800n- 84091-0469INSURERS AFFORDING COVERAGE INSURED INSURER NOTICE Coverage Is being provided es ped of a Master Group Splash Down Concession INSURER Policy issued to members of the Imemabwd Special Events and INWflERC 'Recreationmw On Asslvon.Inc. Risk Retention'Purchasing Group authomed under the Risk INSURER O Retention Act 011986 Federal Law 97-45 11120 E Mission Ave "vi,e.o e Spokane. WA 99206 "LIMITS SHOWN ARE THOSE IN Prime Insurance Company EFFECT AS OF POLICY INCEPTION" COVERAGES The policies of Insurance listed below have been issued to lie insured named above for the policy indicated meNotwithstanding any requirement term or alMNana any contractor order document with respect to which Mists te may be issued or may by Paid the insurance afforded by the names descnbed herein is subject to ell the terms.exclusions and conditions of such policies.Aggregate llmis shown may have been reduced by Paid claims POTYPE OF INSURANCE POLICY NUMBER DATE IMINDY1 CY EFFECTIVE RATE 1LICY Mlln9/MYII o'YLIMITS © Commercial Liability PAP1158-19050001 6/19/2019 6/19/2020 $100,000 Per Person $1.000.000 Per Accident © Claims Made $2.000,000 Policy Aggregate • Exclude Products © Exclude Completed Operations n Commercial Auto Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Orme Away • Commercial Garage Liability G.K.L L O.T R P.D. 120 C Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operabons El Excess Liability ❑ Claims Made OTHER CESCRIPTION OF OPERATioIaocATToNSVENICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS overage is limited to only insured achy ties or operations on the Participant Member Declaration Certificate or as may be separately endorsed Waterparks-Admissions. Wmerparks-Pools Each 1 It CERTIFICATE HOLDER U ADDITIONAL INSURED UI LOSS PAYEE FOR PROOF OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES AUTXORMED REPRESENTATIVEtu. T\rt CERTIFICATE OF INSURANCE D05/232019 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 Lew 97-45 NEGATIVELY AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED SO Sandyy,,UT 89 84091-0469 BY THE INSURANCE POLICIES BELOW. 800-321-1493 INSURERS AFFORDING COVERAGE INSURED INSURER A NOTICE'Coverage is being pWlded as part Of a Master Group Splash Dose Concession INSURER B Policy Issued to members M the kMemabonal Special Events and INSURER Recreation AssociabOO.Inc a Risk Retention'Purchasing Group'authorized under the Risk INSURER D Retention Act Of 1986:Federal Law 97-45 11127 E Mission Ave wer 10CP c Spokane, WA 99206 "LIMITS SHOWN ARE THOSE IN Prime Insurance Company COVERAGES EFFECT AS OF POLICY INCEPTION" The policies of insurance listed below have been issued to Me insured named above for the policy indicated Netwihstanding any requitement term et condition of any contract or other document with respect b which this certificate may be issued or may pertain.the insurance afforded by the policies desaibed herein is subject to an the terms.exclusions end conditions of such policies Aggregate limits shown may have been reduced by paid deems EFFECTIVE TYPE OF INSURANCE POLICY NUMBER DATEPOLICY IIMMmYvj PDAITE missio EXPIRATIONCY ON1'Y1 WAIS ® Commercial Liability PAP1158-19060001 6/19/2019 6/19/2020 $100,000 Per Person E Claims made $1,000,000 Per Accident 52,000,000 Policy Aggregate sEag Exclude Products Exclude Completed Operations Li Commercial Auto Liability Any Auto MI Owned Autos Scheduled Autos Hired Autos Nan-Owned Autos Drive Away E Commercial Garage Liability GKLL 0.T R.P D D O.C. Cargo On Hook Employee Dishonesty Wrongful Repossession Claims Made Exclude Products Exclude Completed Operations €xcess I lability ❑ Claims Made OTHER Liability Coverage is only provided to the Additional Insured'nth respect to Accidents olhernise covered under the Policy/Coverage Contract where the Insured is found directly liable and not where the Additional Insured is found independently negllgml of the Insured DCoovDverageOxlimitd ooNMLOured activiEMs or operations on tAhe x�Member Declarrat ion or as may beendorsed Wale-parks- B Ylmur pert Participant 5 separatelygAdmissions, Waterps-,Pooq-Each,...P_. ..a.a__."__,..r._....._...._.nn>...._,._�...�_�.�...._.o_p . v._..c_.____�..... ......_:.�.__.�... Wvteaarks-Pools-Each LJI CERTIFICATE HOLDER IA ADDITIONAL INSURED UILOSS PAYEE The City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT 10210 E.Sprague Avenue FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Spokane. WA 99206 UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES City Attorney AUTHORIZED RFPRFSEMATIydriek% " aY -_ I ADDITIONAL NAMED INSURED ENDORSEMENT FOR STATE OR POLITICAL SUBDIVISIONS AND U.S. GOVERNMENT AGENCIES RCL-99-13 This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully) The"Who is a Participating Member?"provision of this Coverage Contract shall include as an additional Named Insured under the Coverage Contract issued,any state, political subdivision,or U S.government agency so designated in the schedule below('Additional Named Insured"), subject to the following additional provisions: 1. Coverage applies only to operations performed by or on behalf of the Participating Member for which an Additional Named Insured has issued a permit to the Participating Member, and only with respect to liability arising from the operations of the Participating Member shown on the Participating Member's Declarations Page. 2. No coverage exists for Bodily Injury or Property Damage arising out of operations for which a permit was not issued by an Additional Named Insured 3. Liability coverage is provided to,and the Insurer has the duty to defend, any Additional Named Insured listed below only with respect to injury, loss, or damage associated with the Participating Member's use and occupancy of State or Federal lands covered by this Coverage Contract. 4. If the Participating Member fails to conduct special permit activities in full compliance with the special representations that are a part of this Coverage Contract,then the Coverage Contract shall nevertheless apply; however,special use permit activities that are not conducted in full compliance with the special representations are subject to an automatic and immediate$5,000 increase of the Participating Member's Self-Insured Retention. 5. No Endorsements issued after the initial Coverage Contract shall be added to the Coverage Contract without the approval of the Additional Named Insured 6 The Participating Member may use a participant agreement form approved by the Additional Named Insured. This participating agreement provision supersedes any contrary provision contained in the Policy or any other Endorsement. 7. Should this Coverage Contract be cancelled before the end of its stated term,the Insurer shall give any Additional Named Insured 30 day's prior written notice of such cancellation. If notice to any Additional Named Insured is not provided for any reason,the Participating Members Coverage Contract will cancel; however,coverage will be provided to any Additional Named Insured through the stated term or until proper notice is delivered. Master Coverage Contract# PAP1158 Certificate# 19060001 Participating Member. Splash Down Concession Effective Date: 6/19/2019 Date Issued: 5/23/2019 Additional Named Insured-Designation of State, Political Subdivision, or U.S Government Agency' Tilt Oily Of Opohanc Voncy Attention: City Attorney 10210 E Sprague Avenue Spokane,WA 99206 Endorsement# 1 RCL-99-1321APR2004 Page 1 or 1 4t ' P.O.Box 469 Special Events 1-0 Recreation Association Incorporated P.0.nti nal Sandy,UEv nts and 69 • Phone:800.2575590 Fax:877-4526910 e,s.+,etIScnS EMall:lseraeinsurefun.com e e`"' 'a. Website:www.insurerun.com Instructions for Online Certificates of Insurance&Additional Insured/Loss Payee requests Getting started: 1. Have your contract information or Declaration page available for easy reference.The steps require accurate account information to proceed. 2. Requests for Additional Insured and Loss Payee certificates can also be submitted with steps below.All information will be sent to our Customer Care team.Additional charges may apply and must be paid before an Additional Insured or Loss Payee certificate is issued Please allow 24 hours for the Issuance of these types of certificates. Steps for online Certificates and requests: 1. Go to ISERA's home page at www.insurefun corn Available 24/7 2. Select"Forms"on top option bar and then select the"Certificate Request"option. 3. Fill out all necessary fields. Boxes with a red asterisk are required before continuing.You will submit 1 complete request form for each entity a Enter the 7-digit Master Coverage Contract Number starling with an"L".This can be found at the top of your Participant Member Declaration Certificate. b. Enter the 8-digit Certificate Number This can also be found at the top of your Participant Member Declaration Certificate c. Click"Check Policy" d. Verify that this is your business name to move forward by clicking"Yes". If your business name does not match, check your Master Coverage Contract Number and Certificate Number and re-enter them. e Enter your name for the person making the request and use the pop-up calendar to choose the proposed effective date of the certificate (Please note that certificates cannot be backdated.) f. Use the drop down menus to choose the type of certificate and nature of the entity you are requesting for. g Enter the name of the entity exactly at it should appear on the certificate. h. Enter the Contact name, mailing address,phone number of the entity you are requesting for. i. Use the drop down menu to select the entity's preferred delivery method of the Certificate and the place to send it to. For faster processing, please enter an email address. j Enter a date using the pop-up calendar and a location to be listed on the certificate if needed.(Please note that certificates cannot be backdated.) k. If ycu need to inareeee your Iimie for an ada,eonal mewed ar event, glaaee eater the.ocueeted !imam (Prone. note that there will be an additional charge for all increased limits and that the aggregate limit cannot be decreased during the entire policy period.)Allow 24 hours for processing. I. Review the entered information. Click Submit if it is correct Your certificate will be delivered via fax,email or mailed as indicated on the request form.To enter another request, go to the top of the page and select the link that says"click here"to submit another certificate request. Call us during business hours at 877-585-2851 or email us at rmdC inrimeis.com if you have any questions, problems or feedback about using our new online feature.A representative will be available to help you Monday through Friday 8-00am- 5:00pm Mountain Time