HomeMy WebLinkAboutCarlsbad Unified School District; 1982-12-01;? 1 .
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JOINT USE hND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the d5 74 day of
.dd, 1989, by and between CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City" and the
Unified School District, State of California, hereinafter
to as "District" .
WITNESSETH
WHEREAS, the governing bodies of the City and District are
Carlsbad
referred
mutually interested in an adequate program of community recreation
under the auspices of the City Parks and Recreation Department: and
in cooperation with the District; and
WHEREAS, cities and school districts are authorized by Chapter
10 of Part 7 of Division 1, Title 1 of the Education Code of the
State of California (sections 10900 et. sec.) to organize, promote,
and conduct a community recreation program and activities within
or without their territorial limits; and
WHEREAS, said governing bodies are authorized to enter into
agreements with each other, to promote the health and general
welfare of the community and contribute to the attainment of the
general recreation objectives for children and adults within the
community; and
EXHIBIT 2
WHEREAS, the City has established a Parks and Recreation
Department responsible for carrying out the purposes of community
recreation; and
WHEREAS, in the interest of providing the best service with
the least possible expenditure of public funds, cooperation between
the City and the District is necessary:
NOW, THEREFORE, the City and District agree as follows:
1. The District will make available to theCity and school
buildings, grounds, playgrounds, and multiuse athletic areas
("school facilitiesV1) for the purpose of conducting a diversified
community recreational program.
2. The use of school facilities shall be in accordance with
the regular procedures of the District in granting requests for use
of school facilities as specified by Chapter 10 of Part 7 of .
Division 1, Title 1 of the Education Code for the State of
California and the policies, rules and regulations of the Governing
Board.
3. The recreation program conducted by the City on school
facilities shall be open on equal terms to all persons residing
within the boundaries of the D&rict and City, but such
participation shall' be subject to rules and regulations adopted by
the City Council and the School District.
4. A schedule of dates for the use of the District
facilities will be worked out in advance by the City in agreement
with the District and that this schedule will be arranged as to
avoid conflict between school and recreation use; that in the
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scheduling of said facilities, school events and programs,
established by the Parks and Recreation Department, shall have
second priority,
shall have third
5. In the
result of the
and any other events by other groups or agencies
priority.
event of any dispute or difference arising as a
recreation program being conducted on City
facilities, on the sites jointly used, or as to the use of a
District facility, then, in that event, said dispute or difference
shall be settled and arbitrated by appealing to the City Manager
and Superintendent of the district, in accordance with established
policies and procedures of the District and City.
6. The Parks and Recreation Department will provide or cause
to be provided all expendable materials, i.e. bats, balls, etc.,
necessary for carrying on its recreation program for all ages that
will be conducted on the facilities.
7. The City may install and maintain sprinkler systems,
turf, playground/equipment, fencing and additional recreational
equipment not in conflict with school use, on school property in
areas selected by the City Manager, subject to the prior approval
by the Superintendent of Schools. Any installations of equipment
or construction of facilities, for community recreation purposes,
shall be at the City's costs and meet standards established in the
California Education and Administrative Code.
8. All structures constructed on the site and all personal
property placed or installed thereon by City and owned by City (the
llImprovementsll), shall remain the property' of City. At the
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termination of the agreement, City may remove the improvement,
unless District indicates its election within thirty days after
such notice of termination, to acquire the Improvement, in which
case title thereto shall vest in District without the necessity of
formal documentation of transfer. in the event that the Citv
removes its imnrovements. anv damacre caused by such removal shall
be immediatelv reoaired bv the City, and the premises restored to
1 the cond't'o 'n w l c
such imorovements. Anv imnrovements not removed bv the Citv within
60 davs shall become the nrooertv of the District. If District
exercises its right to acquire the Improvements, District shall
reimburse City for the Improvements in an amount equal to the fair
market value of the Improvements. Fair market value, as used
herein * means a for
\ sue Im rovements The
expense of such appraisal'shall be borne equally by both parties.
In the event the parties shall not agree upon said
presiding judge of the Superior Court for the State
County of San Diego shall appoint the appraiser.
appraiser, the
of California,
9. It is further agreed that plans and specifications for
the placement of all equipment, facilities and permanent
improvements upon school property and the type, design and
construction thereof, shall have the prior approval of the
Superintendent of Schools prior to any installation thereof.
10. The District and the City agree to use and maintain the
following specific school grounds and facilities:
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a. City has the option to schedule use of school
grounds, excludinu the Carlsbad Hish School Varsity Baseball and
Football fields, for community recreation, provided the City pays
fifty (50) percent of the cost of renovation of turfed areas used
by City.
b. City will maintain portions of the following school
properties.
Magnolia Field
Jefferson
Pine Ball Field
Buena Vista Lower Field
Pine soccer field
C.H.S. tennis courts
V.J.H.S. tennis/b.b. courts
c. District will maintain
properties:
V.J.H.S. (upper t lower)
Kelly Field
Hope Field
H.S. Softball Fields
d. City will schedule the
4.06 acres
2.30 acres
1.67 acres
2.02 acres
.54 acres
1.26 acres
1.00 acres
12.85 acres
the following school
4.59 acres
2.90 acres
2.80 acres
3.30 acres
13.59 acres
after-school, weekend,
holiday and summer use of all school grounds except the high school
fields when available.
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e. The District will maintain and schedule the high
school grounds and gymnasium. The City may utilize the gymnasium
for an hourly fee of $30.00. The City will provide an on-site
supervisor at all times. The locker room will not be available to
the public.
F. City will maintain and schedule the community use
of the high school tennis courts subject to the school paying 50
percent of the cost for wind
and the Citv will nay one hundred percent (100%) of court nets.
11. Except as expressly provided in this agreement the
District shall be responsible for all costs relating to
maintenance, repair and replacement of District owned and
maintained facilities and grounds.
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12. For the purposes of this agreement, all persons employed
in the performance of services and functions for City shall be
deemed City employees and no City employee shall be considered as
an employee of the District or under jurisdiction of the District,
nor shall such City. employees have any District pension, civil
service, or other status while an employee of the City.
The District shall not be responsible for the payment of any
salary, wage or other compensation to any City personnel performing
services hereunder. for City. City shall not be liable for
compensation or indemnity to any District employee for injury or
sickness or wages arising out of his/her employment with District.
13. The District agrees that during the time that the City
has use of school facilities, City may charge such admissions and
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fees for the said use of facility. All monies so levied and
collected by the City shall be and remain the property of City.
However, no event for which an admission price is charged shall be
held pursuant to this agreement except amateur athletic contests,
demonstrations or exhibits, and other educational and non-
commercial events. In the use of school facilities under this
agreement, City agrees to comply with all of the requirements of
the Education Code of the State of California setting forth the
limitations, requirements' and restrictions on the use of school
facilities.
14. It is understood and agreed that all activities on school
facilities sponsored by District shall be supervised and conducted
by District, and that all activities sponsored by City, pursuant
to this agreement, shall be supervised and conducted by City. Each
party shall be responsible for said areas during their period of
use, will bear the costs of all necessary supervising or teaching
personnel during said period.
15. Insofar as it is legally authorized, the District shall
hold free and harmless the City, members of the City Council,
boards or commissions, its employees, officers and agents, while
acting as such, from all claims, loss, damages, costs, expenses or
liability which may arise by reason of liability imposed by law
because of injury to property or injury to or death of persons,
received or suffered by reason of any defective or dangerous
condition of any ground, site, building, equipment, play areas
recreation facilities or other improvement located on the premises
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owned and maintained by District, or participation in any activity
carried out or sponsored by the District, and further the District
shall be responsible for any and all damages to property caused as
a direct result of any &hool activity being conducted on said
premises by the District. The District shall carrv oronertv damase
and nublic liability insurance that cover the areas and activities
set forth in this asreement. The Citv's nronertv damase and oublic . liabilitv insurance shall include all areas and activities set
forth in this agreement under their self-insurance proqram. Each
party shall furnish the other nartv with a CODY of their uolicies.
Insofar as it is legally authorized, the City shall hold free
and harmless the District, members of the Board of Trustees, its
employees, officers and agents, while acting as such, from all
claims, loss, damages, costs, expenses or liability which may arise
by reason of liability imposed by law because of injury to property
or injury to or death of persons, received or suffered by reason
of operation of the City recreational program upon said premises,
by reason of its development of the athletic fields on the property
or its performance of its obligations under this agreement,
further, the City shall be responsible for any and all damages to
property caused as a direct result of any recreational activity
being conducted on said premises by the City.
The parties hereto acknowledae that there have been no
renresentations made bv either to the other not contained herein
unon which either nartv is relvins which has induced execution
herein. This acreement embodies the entire aqreement and
understanding between the parties hereto relating to the subject 8
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Contract No. C32-8889
matter hereof.
16. The term of this agreement shall be for a length of ten
years renewable on a year to year basis thereafter by mutual
agreement. In addition, the terms of this agreement may be
modified at any time by mutual consent and written agreement of the
respective parties.
17. Nothing in this agreement shall be construed to prohibit
the Board of Trustees from participating financially in a specific
recreation program when mutually agreed upon by the Board of
Trustees and the City Council.
18. This Community Recreation Agreement may be terminated by
either party as of June 30 of any fiscal year for any reason upon
at least 180 days' written notice to the other.
ATTEST:
LIJtzhBw ALETHA L. RAUTENKRANZ City Clerk ,
APPROVED AS
CITY OF
CARLSBAD UNIFIED SCHOOL DISTRICT
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Approved by the Governing Board of
the Carlsbad Unified School District
at a Regular Meeting held on
January 25, 1989.
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Carlsbad Unified School District
Mailing Addrem 661 Pine Avenue. Carl&ad, California 920W24.39
6350 Yarrow Drive, Suite A, Csrlsbad, California 92609.1644 (619) 7299291 FAXI (619) 438-6796 “All Students Can Learn”
BOARD OF TRUSTEES
JOE ANQEL President
JAME6McCOBIMcK
Vice Resident
JIUANNELNYGAAUD
Clerk
DONALD BI. JOEN6ON Member
J. EDWARD -JR. Member
DISTBICT
AD&lINISTRATION
THolbus K. BIumLEx, Ed.D. superintendent
susAN4iAmJMx BENTLEY, Ed.I Assistant Superintendent Instructional Servicer
JOHN Ii. BLAIR Assistant Sup-intendant
Business Servicea
GERALD C. TAUMAN
Assistant Superintendent Fersmnel Servicea
CHERYLERNgT
Director Elementary Eduatim
DEWAYNE L. FEABEL Manager FacilitieslMaintenan& Operations
February 27, 1989
Mayor Bud Lewis
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008-1989
Subject: Joint Use and Community Recreation Agreement
Between Carlsbad Unified School District
and City of Carlsbad
The above agreement was approved by the Carlsbad Unified
School District Board of Trustees at its Regular Meeting of
January 25, 1989. When it has been approved by the City of
Carlsbad, please return a signed copy to me. If you have any
questions, please call me at (619) 438-5710. Thank you.
Sincerely,
Nancy Gillespie
Administrative Secretary
Bus
Enc
ness Services
osure
Distinguished School Board Award 1984, United States Department of Education
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE
(619) 434-2808
March 27, 1989
Carlsbad Unified School District 6350-A Yarrow Dr. Carlsbad, CA 92009
Attn: Nancy Gillespie, Administrative Secretary
Re: Joint Use And Community Recreation Agreement
The Carlsbad City Council, on March 7, 1989, approved the Joint
Use and Community Recreation Agreement between the City of Carlsbad and the Carlsbad Unified School District.
Enclosed for your records is a copy of the fully executed agreement.
Enc.
c: City Manager
JOINT USE AND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CITY OF CARLSBAD
THIS AGREEMENT, made and entered into this Is- day
of December __ , 1982, by and between the City of Carlsbad,
a municipal corporation, hereinafter called "City" and the .
Carlsbad Unified Schocl District, State of California, hereinafter
called "District".
WITNESSETH
WHEREAS, the governing bodies of the City and the District
are mutually interested in an adequate program of community
recreation under the auspices of the City Parks and Recreation
Department; and in cooperation with the District; and
WHEREAS, cities and school districts are authorized by
Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code
of the State of California (sections 10900 et. sec.) to organize,
.
promote, and conduct a community recreation program and activities
within or without their territorial limits; and
WHEREAS, said governing bodies are authorized to enter
into agreements with each other, tb.promote the health and
general welfare of the community and contribute to the
attainment of the general recreation objectives for children
and adults within the community; and
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WHEREAS, the City has established a Parks and Recreation
Department responsible for carrying out the purposes of
community recreation; and
WHEREAS, in the interest of providing the best service
with the least possible expenditure of public funds, cooperation
between the City and the District is necessary;
NOW, THEREFORE, the City and District agree as follows:
1. The District will make available to the City any
school buildings, grounds, playgrounds, and multiuse athletic areas .
("school facilities") for the purpose of conducting a diversified
community recreational program.
2. The use of school facilities shall be in accordance
with the regular procedures of the District in granting requests
for use of school facilities as specified by Chapter 10 of Part 7
of Division 1, Title 1 of the Education Code for the State of
California and the policies, rules and regulations of the Governing
Board.
3. The recreation program conducted by the City on school
facilities shall be open on equal terms to all persons residing
within the boundaries o‘f the District and City, but such partici-
pation shall be subject to rules and regulations adopted by the
City Council and the School District. .
4. A schedule of dates fbr the use of the District
facilities will be worked out in advance by the City in agreement
with the District and that this schedule will be arranged as to
avoid conflict between school and recreation use; that in the
scheduling of said facilities, school events and programs
shall have first priority and recreation programs, established
by the Parks and Recreation Department, shall have second
priority, and any other events by other groups or agencies
shall have third priority.
5. In the event of any dispute or difference arising
as a result of the recreation program being conducted on City
facilities, on the sites jointly used, or as to the use of a .
District facility, then, in that event, said dispute or
difference shall be settled and arbitrated by appealing to the
City Manager and Superintendent of the District, in accordance
with established policies and procedures of the District and
City.
6. The Parks and Recreation Department will provide or
cause to be provided all expendable materials, i.e. bats, balls,
etc., necessary for carrying on its recreation program for all
ages that will be conducted on the facilities.
7. The City may install and maintain sprinkler systems,
turf, playground/equipment, fencing and .additional recreational
equipment not in conflict with school use, on school property
in areas selected by the City Manager, subject to the prior
approval by the Superintendent of .!!Gchools. Any installations of
equipment or constuction of facilities, for community recreation
purposes, shall be at the City's costs and meet standards
established in the California Education and Administrative code.
a.
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8. All structures constructed on the site and all
personal property placed or installed thereon by City and owned
by City (the "Improvements"), shall remain the property of City.
At the termination of the agreement, City may remove the
improvement, unless District indicates its election within
thirty days after such notice of termination, to acquire the
Improvements, in which case title thereto shall vest in District
without the necessity of formal documentation of transfer. In -
the event that the City removes its improvements., any damage
caused by such removal shall be 'immediately repaired by the
City, and the premises restored to the condition in which they
existed prior to the 'installation of such improvements. An,77 L
improvements not removed by the City within 60 days shall
become the property of the District. If District exercises its
right to acquire the Improvements, District shall reimburse
City for the Improvements in an amount equal to the fair market
value of the Improvements. .Fai'r 'market 'value., a's used herein,
means a price not to exceed the sum paid by the City for such
Improvements, less an amount for use, 'wear ,and tear. The expense I
of such appraisal shall be borne equally by both parties. In
the event the parties shall not agree upon said appraiser, the .
presiding judge of the Superior Court for the State of California,
County of San Diego shall appoint the appraiser.
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9. It is further agreed that plans and specifications
for the placement of all equipment, facilities and permanent
improvements upon school property and the type, design and
construction thereof, shall have the prior approval of the
Superintendent of Schools prior to any installation thereof.
10. The District and the City agree to use and
maintain the following specific school grounds and facilities:
A. City has the option to schedule use of school
grounds, excluding the Carlsbad High School, for community .
recreation, provided the City pays 50 percent of the cost of
renovation of turfed areas used by City.
B. City will maintain portions of the following
school properties:
Magnolia 4.6 acres
Jefferson 2.7 acres
Pine Ball Field 2.0 acres
Pine Soccer Field 1.0 acres
Total 10.3 acres
C. District will maintain the following school
properties:
Valley Junior High 7.5 acres
Kelly . 2.8 acres
Total : 810.3 acres
D. District and City will share maintenance of
2.3 acres at Buena Vista, each being responsible for six months
of any one year.
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E. City will schedule the after-school, weekend,
holiday and summer use of all school grounds except the high
school.
F. The District will maintain and schedule the
high school grounds and gymnasium. The City may utilize the
gymnasium for an hourly fee of $30.00. The City will provide
an on-site supervisor at all times. The locker room will not
be available to the public.
G. City will maintain and schedule the community .
use of the high school tennis courts subject to the school
paying 50 percent of the cost for nets and reconditioning of
the courts.
11. Except as expressly provided in this agreement the
District shall be responsible for all costs relating to
maintenance, repair'and replacement of District owned and
maintained facilities and grounds.
12. For the purposes of this agreement, all persons
employed in the performance of services and functions for City
shall be deemed City employees and no City employee shall be
considered is an employee of the Distridt or under jurisdiction
of the District, nor shall such City employees have any District
pension, civil service, or other status while an employee of the
I City. . ,
The District shall not be responsible for the payment
of any salary, wage or other compensation to any' City personnel
performing services hereunder for City. City shall not be liable
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for compensation or indemnity to any District employee for injury
or sickness or wages arising out of his/her employment with District.
13. The District agrees that during the time that the
City has use of school facilities, City may charge such admissions
and fees for,the said use of facility. All monies so levied and
collected by the City shall be and remain the property of City.
However, no event for which an admission price is charged shall
be held pursuant to this agreement except amateur athletic
contests, demonstrations or,exhibits, and other educational and
non-commercial events. In the use of school facilities under
this agreement, City agrees to comply with all of the requirements
of the Education Code of the State of California setting forth
the limitations, requirements and restrictions on the use of
school facilities.
14. It is understood and agreed that all activities on
school facilities sponsored by District shall be supervised and
conducted by District, and that all activities sponsored by City,
pursuant to this agreement, shall be supervised and conducted by
City. Each party shall be responsible for said areas during .
their period of use, will bear the costs of all necessary
supervising or teaching personnel during said period. .
15. Insofar as it is legally authorized, the District ,
shall hold free and harmless the.Ci'ty, members of the City ,
Council, boards or commissions, its employees, officers and agents,
while acting as such, from all claims, loss, damages, costs,
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expenses or liability which may arise by reason of liability
imposed by law because of injury to property or injury to or
death of persons, received or suffered by reason of any defec-
tive or dangerous condition of any ground, site, building,
equipment, play areas recreation facilities or other improvement
located on the premises owned and maintained by District, or
participation in any activity carrie'd out or sponsored by the
District, and further the District shall be responsible for any
and all damages to property caused as a direct result of any
school activity being conducted on-said premises by the District.
The District shall carry property damage and ,public .liability
insurance that cover the areas and activities set forth in this
agreement. The City's property damage and public liability insur-
ance shall include all areas and activities set forth in this
agreement under their self-insurance program. Each party shall -..
furnish -the other party with a copy of their policies.
Insofar as it is legally authorized, the City shall hold
free and harmless the District, members of the Board of Trustees, its
employees, -officers and agents, while acting as such, from all
claims, loss,'damages, costs, expenses or liability which may arise
by reason of liability imposed by law because of injury to property
or injury to or death of persons, received or suffered by reason of
operation of the City recreational program upon said premises, by
reason of its development of the athletic fields on the property or
its performance of its obligations under this agreement, further, the
City shall be responsible for any and all damages to property caused
as a direct result, of any recreational activity being conducted on
said premises by the City.
The parties llereto acknowledge that the-e have been no
representations made by either to the other not contained herein
upon which either party is relying which has induced execution
herein. This agreement embodies the entire agreement and under-
standing between the parties hereto relating to the subje-ct
matter hereof.
16. The term of this agreement shall be for a length of
ten years renewable on a year to year basis thereafter by mutual
agreement. In addition, the terms of this agreement may be
modified at any time by mutual consent and written agreement of
the respective parties.
17: Nothing in thii agreement shall be construed to
prohibit the Board of Trustees'from participating financially in
I :'a specific reoreation program when mutually agreed upon by the
Board of Trustees and the City Council.
18. This Community Recreation Agreement may be terminated
by either party as of June 30 of any fiscal year for any reason
upon at least 180 days' written notice to the other.
ATTEST:
ALETHA L. RAUTENKRANZ I
City Clerk
CITY OF CARLSBAD, A municipal Corporation of the State of
California
MARY H. ASLER, Mayor
CARLSBAD,UNIFIED SCHOOL DISTRICT ,
City Attorney V Distrrct Supekintendent
BY President
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Board of Trustees
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CHANGE ENDORSEMENT MP 12 01
(Ed. 02 79)
iIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW:
ENDORSEMENT EFFECTIVE DATE POLICY NUMBER TERM FROM 12-17-83 59 -SM 801514 FCA-V 1 YRS 9-7-83
‘OMPANY AETNA C E S CO.
INSURED’S NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE’S NAME AND MAILING ADDRESS
CARLSBAD SCHOOLS, INC. INSURANCE UNLIMITED
PRODUCER CODE 1 4447
POLICY CHANGES
IT IS HEREBY AGREED TO ADO CITY OF CARLSBAD AS ADDITIONAL
INSURED PER ATTACHED GL 2011
SPECIFY FORM NOS. AND EDITION DATES AFFECTED BY POLICY CHANGES:
l- COVERAGE
SMP Liability Insurance Form: Bodily Injury and Property Damage Liability (Combined Single Limit)
Premises Medical Payments
jJ ;!; Liability Insurance
0 Medical Payments Coverage Part
0 Forms other than SMP Liabilitv Insurance Form ’ Specify Coverage Part
f-l Revised Dual Limits:
SECTION l-PROPERTY COVERAGE
LIMITS OF LIABILITY
SECTION II-LIABILITY COVERAGE
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INSTALLYENT PAYMENT PREMIUMS
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Previous Additional Return Revised
lnstallments Premium Premium Installments
Dates of subsequent installments, 2. d t s S
if payable in annual installments: 3. % $ $ %
PREMIUM DUE AT EFFECTIVE DATE OF ENDORSEMENT: 17,17,Rt Je, f
Total for remainder of policy term: 4/17/84D~ _ s;: s -30
MP 12 01 (Ed. 02 79) Agency, BY
GL2011
(Ed. 07 66)
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
(The following information is required only when this endorsement is issued subsequent to preparation of policy.)
Endorsement effective Policy No. Endorsement No.
Named Insured
Additional Premium S Countersigned by (Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE
SMP LIABILITY INSURANCE
STOREKEEPERS INSURANCE
ADDITIONAL INSURED
(Premises leased to the Named Insured)
It is agreed that the “Persons Insured” provision is amended to include as an insured the person or organization designated below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional exclusions:
The insurance does not apply:
1. to any occurrence which takes place after the named insured ceases to be a tenant in said premises:
2. to structural alterations, new constructlon or demolition operations performed by or on behalf of the person or organization designated below.
SCHEDULE
Designation of Premises
(Part Leased to Named Insured)
Name of Person or Organization
(Additional Insured)
Annual Premiums
Bodily PropetZr
Injury Damage
Liability Liability
740 PINE AVE. CITY OF CARLSBAD INCL INCL
CARLSBAD, CA 92008 1200 ELM ST.
CARLSBAD, CA 92008
nfw. 231994
GL20110766