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Home My WebLink AboutYMCA of San Diego County; 1962-07-01;LEASE THIS LEASE, made and entered into as of the 1st day of July, 1962, by and between San Diego Gas br Electric Company, a California corporation, Lessor, and Young Men*s Christian Association of San Diego and San Diego County, a non-profit corporation, Lessee, WITNESSETH: - WHEREAS, the Lessor is the owner of that certain real property which is hereinafter described and is willing to lease the same to the Lessee; and WHEREAS, the Lessee is desirous of hiring and leasing the said described property from the Lessor for certain recreational purposes; and WHEREAS, the Lessee recognizes that the Lessor has leased certain other lands and the surface of certain lagoon waters to the City of Carl&ad, a municipal corporation, and that this Lease and the terms a-d conditions hereof, insofar as they may affect the premises heretofore leased to said City, are subordinate to and require the approval of said City; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof, the parties mutually agree as follows: 1. Demised Premises. For and in consideration of the payment of the rents and the performance of the covenants hereinafter contained, by Lessee, Lessor hereby lets to, and Lessee hires and leases from Lessor, those certain premises more particularly described in Exhibit A attached hereto, which is made a part hereof by reference as though set forth at length herein. 2. Use. The demised premises may be used by Lessee solely for the purposes connected with Lessee’s youth recreational 1 camping program which shall at all times be under the competent and effective supervision of agents, servants and employees of Lessee. Lessee shall not use the demised premises for any commercial or business venture . - -. 3. Term. The term of this Lease shall be for the period of one (1) year commencing on the 1st day of July, 1962, and ending on the 30th day of June, 1963. 4. Renewal. This lease is renewed from year to year after the term provided in Paragraph 3, unless either party notifies the other in writing at least sixty (60) days prior to the expiration of any succeeding year, provided in no event shall the term of this lease, or any renewal or * extension hereof, extend beyond the 31st day of March, 1972. 5. Rent. The Lessee agrees to pay to the Lessor the sum of ONE DOLLAR ($1.00) per’year for the use and occupancy of said premises, receipt of which rent for the term of this Lease is hereby acknowledged. 6. Improvements. Lessee may place and install fire rings, picnic tables, and such other equipment or facilities, including a fence not to exceed six (6) feet in height, along the northerly and southerly sides of said premises, that may be incidental to its use of the demised premises as a recreational camping area, provided that Lessee shall not erect any structures of any kind on the demised premises other than as required by law for sanitary purposes. Lessee agrees to keep the said premises free and clear of any and all liens at all times. a. Lessee shall have the right, subject to the approval of the City of Carlsbad, to construct a combined boat and fish- ing pier upon the property of Lessor and over the surface of the waters used by the said City under the lease hereinabove men- tioned. 2 - -. b. Upon the termination of this Lease, or any extension hereof, either by its expiration or upon notice, Lessee agrees upon the request of Lessor to remove, at its own expense, any and all structural or other improvements which may have there- tofore been erected or constructed on the demised premises. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination hereof. 7. Subordination. This Lease is subordinate to that certain lease between Lessor and the City of Carlsbad dated March 4, 1957, and amended on April 1, 1962. The said lease and amendment are and shall be paramount to this Lease and this Lease is subject to the approval of said City. 8. Waste. Lessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the demised premises and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, the County of San Diego, and the State of California. 9. Sanitary Facilities. As further consideration for this Lease, Lessee agrees, at its own expense, to erect, provide, maintain and service such suitable sanitary facilities as may be required for the comfort and needs of the persons entering upon or using the demised premises. 10. Hazards. Both parties recognize and agree that, due to the operation of the tides, the flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters c ntiguous to the demised premises, and the Lessee, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon said waters do so - -. with specific knowledge and express notice, which the Lessee undertakes to give to all such persons, of such conditions, and the Lessee and such persons specifically release and hold the Lessor harmless from snd against any and all claims, demands, and liabilities for damages or injuries occa- sioned by or resulting from such subsurface conditions. This release is in addition to such other release and indemnification as is provided below. 11. Right of Entry. The Lessor reserves the right to enter _. upon the demised premises at any time for the purpose of viewing the same to see if Lessee is faithfully complying with the terms and conditions of this Lease. Lessor further reserves the right at any time to enter in or upon the said premises to dredge, redredge, fill, refill, improve, main- tain and to do any and all work as in its sole discretion it may deem neces- sary or required incident to its operations as a public utility. 12. Rights of Lessee. The Lessee shall have no rights nor acquire any interest in or to the demised premises other than as provided in this Lease. 13. Default. Should default be made in the performance of any of the terms or conditions of this Lease and such default shall continue for ten (10) days after the Lessee has been notified in writing of such default, then Lessor may re-enter, take possession of said premises, and remove any and all persons and property of the Lessee therefrom. 14. Assignment. - The Lessee shall not assign this Lease nor sublease the premises demised hereunder. 15. Waiver. Any waiver by Lessor of any breach of one or more of the terms, covenants, and conditions of this Lease shall not be a waiver of any subsequent other breach of the same or of any other term or condition hereof. 16. Indemnity. The Lessee hereby agrees to indemnify, save and hold Lessor harmless from any and all loss, damage, injury, 4 and claims resulting from sny act or omission of the Lessee, its employees, agents, licensees, permittees, invitees, or other persons upon the demised premises with or without the consent of the Lessee, to the person or persons, or properties, or property of any person, including injury to or death of any person in any way arising from use and occupancy of the demised premises by the Lessee, its agents, servants, employees, and other persons, which said injury or injuries, damage or damages, may be caused by the negligent _~ acts or onlissions of the Lessor or of its officers, agents, servants, - -. employees, or otherwfs e. 17. Public Utilities Commission Requirement. This Lease is made pursuant to the authority of and subject to the conditions prescribed by General Order No. 69 of the Public Utilities Commission of the State of California dated and effective November 1, 1923, and is conditioned upon the right of the Lessor to repossess the above-described property or to terminate this lease upon giving the Lessee thirty (30) days prior written notice of such termination whenever, in the interest of its service to its customers, it shall appear in the discretion of the Lessor necessary or desirable to do so. This Lease shall be subject to such changes and modi- fications as the Public Utilities Commission may direct in the exercise of its jurisdiction. 18. Notices. Notices to be given hereunder from one party to the other may be served in person or sent by certified mail to: a. Lessor at 861 Sixth Avenue, San Diego, California. b. Lessee at 1115 Eighth Avenue, San Diego, California, or such other place as the parties may designate. IN WITNESS WHEREOF, the parties hereto have caueed this Lease to be executed for and on behalf of each by and through their respectively 5 authorized corporate officers as of the day and year first above written. San Diego Gae & Electric Company, a Corporation c- ,J: BY __. .-&-A ~-- Secrhary Young Men’s Christian Association of San Dieao and San Diego County, a Non- p,F-$Jt Corporation./, By ,/j&, J<@:~/&H~ ,(, /-- I . .- ;/’ 7-r- - / i LESSEE Attest: <.,“’ The foregoing Lease is approved. CITY OF CARLSBAD, a Municipal Corporation Attest: Clerk State of California COllflty Of San Diego 1 ; ss. 1 On .__...___..______.._.......... A~S.?t...??- _. __._______...____..________( 19.62 . . . . . . before me, the undersigned, a Notary Public in and for said County and State, personally ap eared ..___...___ ~ . . .._......................... H. G. hllin ___________...___.._........................................ ~ . . . . . . . . , known to me to be the _.___.______________........................ President, and R. C. Cave11 ..___...__....__................................................. -- . -- . .._.___..______..._.............. known to me to be the . ..__..... _ . . . . . . . . . . . . . . . . . . . . . . . _ ..___... Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its ByLaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. : ; E I Seal 1 6 .> .a ,‘A -4 . 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As further caaderation for tbfe sublea8e, Sublarsee agreea, at it8 own expen88, to e-et, provide, maintain am! 8ervieo ruch suitable sanitary facilitieo ao may be required for the cmnfort and need8 of the persons entering upon or urfng the demired premirer. 10. Hazards. Both pmtier recognise and agree t&at, due to the operation of the tider, the flow of watecm, and other cau#em not under the con- trol of either party, certain aubeurface obatructioar, okm.l8, bar8, and other potentially dangerour condition8 may develop from time to time is and under the surface of the watsrr contfguous to the dsmiokd premirer, and the Sublesree, it8 agent& 8ervant8, employee8, permitteeu, licen8ee8, invitees, and other persons using and entering upon said waters do 80 with specifia knowledge and exprees notice, which the Sublesree undertake8 to give to all such person@, of 8uch conditions, and t&e Subleruee and ruch pereom rpeczificolly-relearre and hold the Suble88or harmlerr from and againet kny ti all claim8, demand& and liabilitie8 for damage8 or injurie8 oacaeioned by or resulting from au& subourZaoe conditiona. Thim rehemwe ir in indemnification a! ie provided below, 11. Right’ of Entry. The Sublsrmor addition to rucb other relea8e and reaervea the right to enter upon the demised premises at any time for the purpose of viewing the came to me if Subls~ree ir faitM#ly complying with the term8 and maditionr of thir Sublearse. 13. Right8 of Subleesee. The Subleseee rball &mm no right nor acquire any interert in or to the demired prernirer other than a8 provided in thio &blare. ’ 13. Default. Should default be made in the performance of any of the terms or condition8 of thi8 Subleaoo and ruch default hall co$inue for ten (10) dayrr after the Subleomee hur b8en notified in writing of puch default, the Sublssror may re-enter, t8ka porrssrrion of raid premi801, and remove any and all persoar and property of the Stablerae@ therefrom, , . 8 ’ .I - .P 3: - ,--I . . 6 . t&pm8!808~dIlurmndk+; i i 18. wsilmr* Myw8$verby8ublruuofurjl-obaar,u8Euoof~ tomn8, aolmmM& aaldawrdttfQllareftMrmlouorhrll8ot~rnJvoFof~~ rr+qPcnrt~*rbrarohofUuuauaroi~~~~~ox~~I#~* : 18‘ kdemaf* m&o slubsosuo bar&y agwu $0 $tbdmt& uvo ubd bfd~93;Ip-8irosBuy88delllo8~ 4!amp, Ltajtul, 8lBlmwu weuMh# fwm my sot OJr Qa%lmimlea of the ~bl*8800, tt8 olaqbyu~~ agerarr, lfao8s808, peraaitteu, i8BvWer, oratbrrrpetsoaa upm tbw d8Edud pswmf8u witlmrwithoutf~euas~tof~sublouoo# tothopew8notpawou,wt -- I I* ’ .’ f-3 *. i * . . , . _L ,!--Y -. . . . . reby consents to the foregoing Sublease. AttoW; BAN DWQQ OM (tr ELEcTmC 4izatdwAI#I*p, a Guporaw President ’ . _I) * . #b . ** . . ’ .- L “f a . l , . . . IiNuL~axPrIo~exIDDLEUo11uRSGllltDl3Y SAliDIJMOQAS&EIECTR~C(?lPANX To m! SuBmm ET CITY OF CARLSBAD To THE r.n.c,r, . r‘ * , That cwtaln partlorr of Lot "H" uf Raacho Agm Hedlonda, recording ts the Hap thereof NQ, 823, fi2.d $81 thr Wftor of tiha Oounty h0ord.r cf San Dlego County described a8 follmr Cmncing at Corner No, 1 of aaid Ramho Agua Hedionda; thence Suuth 78' 03' Eaat alaq the Ncrthershrly line uf said Let "H" af Ran&o Agu.8 Hedlunda, a dbtame of lOU.32 feet; thsme leaving raid Wart& oa*rlq llna af Lot "H*, South 30' l48' East, a dirtrace of 238.36 foot; thence South 76’ 46' Eut, a di&anco of 931.69 feet to a point of inter- rrsctlon with th Verterly ri&t of uay line of the Atchlaon, Topeka & Santa Fe Rail- Cmpany aa said right of way Is dsecribed in a Dued reoorded September 13, 1948, in Book 29U at Page 76 of oaid Official Recorda; therm South 03' 33' 25" East, a distance of 167.89 feet to the TRUE #)IlR OF BXOINNJX3; therm from aaid TRUE POINT OF BEQINUNCJ, North 26' 56' 40" West, a di8ta.11~0 alt 210.40 feet; thence North 62' 39' 20" &art, a dlstame of 327.51 feet; thence South 26' 561 itOw East, a distance uf 208.78 feet; thonco South 53' 401 50” West, a dlatance of 257.37 fmtj thence Scuth 57' U.' 50" Yost, a distance ab 73.95 feat; thence North 26' 56’ how Uort, a dbtmce & bs.55 feet to the TRUE POINT OF' BECMNING; excepting fra the above described property that certain portion thereof lplng above MmnSea~Xmel, United Stat411 ~01ogicalSwm~~tun. ‘, . . * ” MEMORANDtJM DATE: TO: FROM: SUBJECT January 15, 1979 DIRECTOR, PARKS & RECREATION DEPARTMENT CITY CLERK SUBLEASE, dated July 1, 1962 Between CITY and YMCA Pleaie advise of the status of the above-referenced Sublease covering a portion of the Agua Hedionda area originally leased by the City from SAN DI,EGO GAS & ELECTRIC COMPANY ANITA DACK MURPHY, Deputy City Clerk . .__ c Exhibit A 'SUBLEASE, THIS SUBLEASE, made and entered into as of" s by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sublessee"). WITNESSETH: ,.-e-b WHEREAS, Sublessor is the lessee of that certain real property of Ranch0 Aqua Hedionda Middle Lagoon Waters which is hereinafter described and is willing to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Sublessor for certain recreational purposes; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof, the parties mutually agree as follows: 1. .Demised Premises. For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained, Sublessor hereby lets and Sublessee hereby hires and leases from Sublessor those certain premises more particularly described in Exhibit 'A" attached hereto and incorporated herein by reference (the "Property"). 2. Use. The,Property shall be used by Sublessee.for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee's recreational camping program, which use shall at all times be under the competent and effective supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the Property for any commercial or business venture. Sublessee's use of the water, shall be non-exclusive. - Exhibit 3 , 3. Term. . 'The initial term of this Sublease shall be for a period of ten (20) years commencing on the day of 9 1983, and ending on the day of ' 9 19931 This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. Notwithstanding anything to the contrary in this paragraph, either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. 4. 'Rent. Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($1.00) per year for the use and occupancy of the Property, receipt of which rent for the first (1st) year of the initial term of this Sublease is hereby acknowledged. 5. 'Improvements: Sublessee shall have the right, subject to the approval of San Diego Gas & Electric Company and City of Carlsbad, to construct and repair any recrea- tionally related improvement upon the Property, including, but not limited to, a combined boat and fishing pier. Sublessee agrees to keep the Property free and clear of any and all liens at all times. Upon the termination of this Sublease, either by its expiration or upon notIce, Sublessee agrees, upon receipt of written request from Sublessor, to remove, at Sublessee's own expense, any and all structural or other improvements which may have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination of this Sublease. /2/ 5- - .- ,.. -- _.- _._-_. --__-. __-..- -- .6. .Subordination. This Sublease is subordinate to that certain written lease between Sublessor and San Diego Gas & Electric Company, dated March 4, 1957; a copy of which is attached hereto, marked Exhibit "Bl' and incorporated herein by -. - reference, as amended April 1, 1962, a copy of which Amendment is attached hereto, marked Exhibit "C" and incorporated herein by reference. 7. Waste.- Sublessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, _ regulations, and ordinances respecting health and safety of the City of Carlsbad, the County of San Diego, and the'state of California. 8. .Sanitary.Facilities. ' As further consideration for this Sublease, Sublessee .agrees, at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons enteri.ng upon or using the Property. 9.' Hazards. Both parties recognize and agree that due to the operation of the tides, the flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters contiguous to the Property and Sublessee, its agents, servants, employees, permittees, licensees, invitees, and otherpersons using and entering upon said waters do so with specific knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such conditions, and Sublessee and such persons - specifically release and hold Sublessor harmless from and against any and all claims, demands, and liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. This release is in addition to such other release '3' .~ (0 . and indemnification as is provided below. 10. Right.of.&ry. Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if Sublessee is faithfully complying with the terms and conditions of this Suhlease. 11.’ Rights of Sublessee. Sublessee shall have no right nor acquire any interest in or to the Property other than as provided in this Sublease. 12. Assignment. Sublessee shall not assign this Sublease nor sublease the Property; provided, however, Sublessee may allow other persons to use the Property for a fee. In the-event that Sublessee allows the City of Carlsbad Parks and Recreation Department ("Parks") to use the Property, the following provis and conditions shall apply: (a) .Fees. During prime-time months (as hereinafter defined) Parks sha ons 1 be charged the same rate charged to YMCA Groups for use of the "Property". During non-prime time months (as hereinafter defined) Parks shall be charged one-half (l/2) of the prime-time rate for use of the Property. "Prime Time" as hereinabove : used shall include the months of May through October and all federal, state, county, and city school vacations, and all federal, state, county, and city holidays. "Non-prime time" as hereinabove used shall include all months, days, and times which are not prime time. (b) Lifeguards. Sublessee shall not require Parks to employ Sublessee's lifeguards if, but only if, Parks' lifeguards complete Sublessee's orientation program and agree to, and in fact do, follow and uphold all of Sublessee's rules. /4/ 7 - (c) Reservations. Parks and Parks' groups have the right to reserve dates for use of the Property up to one (1) year prior to the date of the actual use. 13. Waiver. Any waiver by Sublessor of any breach of one or more of the terms, covenants, and conditions of this Sublease shall not be a waiver of any subsequent other breach of the same or of any other term or condition hereof. 14. Indemnity. Sublessee hereby agrees to indemnify, save, and hold Sublessor harmless from any and all loss, damage, injury, and claims resulting from any act or omission " of Sublessee, its employees , agents, licensees, permittees, invitees, or other persons upon the Property with or without the consent of'sublessee, to the person or persons, or property or properties of any person, includi,ng injury to or death of any person in any way arising from'use and occupancy of the Property by Subl,essee, its agents, servants, employees, and other persons. Notwithstanding any of the above to the contrary, Sublessee shall not be responsible for and does not hold Sublessor harmless from any act or omission, which act or omission constitutes active negligence (whether direct, vicarious, or imputed) on behalf of Sublessor, its employees, or its agents. 15. Attorneys' Fees. 1~ the event either party shall be required to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person pre- vailing in such action or proceeding shall be entitled to recover from the other person or to be reimbused the prevailing person's actual attorneys' fees and costs including, but not limited to, expert witness fqes, witness fees, and any and all other fees and costs, whether or not the proceeding or action proceeds - to judgment. /5/ rY .--._._ --- 16. Construction;, Whenever used in this Sublease, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine andneuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine. . 17. Headings and Captions; The headir-gsand captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not be construed to be a substantive part of,this Sublease and shall not in any way define, limit, expand, or affect I any provision of this Sublease. 18:.Notices., Notices to be given hereunder from one party to the other may be served in person or sent by certifi.ed mail to: SUBLESSOR: SUBLESSEE: 1200 Elm Avenue Carlshad, California 92008. 200 Saxony-Road Encinitas, California 92024 or such other place as the parties may designate. /6/ - . IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed for and on behalf of each by and through their respectively authorized corporate officers as of the day and year first above written. SUBLESSOR: CITY OF_ CARLSBAD, ,a municipal corporation 9 Mayor Attest: Clerk SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation By' Attest: Secretary The undersigned hereby consents to the foregoing Sublease. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By-' ^ President Attest: Secretary _ __ ._ .-_... _ - RECORDING REQUESTED BY: ’ Mr. David Kulchin WHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encinitas, California 92024 'MEMORANDUMOF SUBLEASE This Memorandum of Sublease is made as of" 1983, by an between CITY OF CARLSBAD, a municipal corporation (“Sublessor”) and NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION (“Sublessee”), concerning that certain real property (the "Property" located in the City of Carlsbad, State of California, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. For good and adequate consideration, Sublessor subleases the Property To Suhlessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the Sublease, which is incorporated in this Memorandum by this reference. The term of said Sublease is ten (IQ) years, commencing -' 1983, and terminating on --,1993, subject to three (3) Y successive five (5) year extensions, unless either party gives the other written notice at least sixty (60) days prior to the end of the initial term or any successive,term that the Sublease is to terminate at the end of such term. Notwithstanding anything to the contrary in this paragraph, either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. This memorandum is not a complete summary of the Sublease. Provisions in this Memorandum,shall not be used in interpreting the Sublease provisions. In the event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. /l/ II - Executed on the date first written above. SUBLESSOR: CITY GF CARLSBAD, a municipal corporation Y Mayor Attest: aJ!aL;p. l2zckAb Clerk SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation Bv" Attest: Secretary STATE OF CALIFORNIA ) 1 ss. COUNTY OF 1 On August 4, 1983 9 before me,; the undersigned, a Notary Public in and for said State, personally appeared m H. casler ¶ known to me to be the Mayor of the City of Carlsbad, and known to me to be the person whose name is subscribed to the within-instrument and acknowledged thatsJe executed the same on behalf of the P/ City of Carlsbad, known to me to be the person who executed the within instrument on behalf of the corporation therin named and acknowledged that such corporation exeouted the within instrument pursuant to its charter. al seal. yew-; NOTAQY PUBLIC ' COUNTY OF On ) ss. .I t ¶ before me, the unders,igned, a Notary Public in and for said State, personally appeared , known to me to be the of the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. NOTARY PUBLIC /3/ 13 - LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS & ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CARLSBAD TO THE Y.M.C.A. The certain portion of Lot "H" of Ranch0 Aqua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Comvencing at Corner No. 1 of said Ranch0 Agua Hedionda; thence South 78 03' East along the Northeasterly line of said Lot "H" of Ranch0 Agua Hediond~,lla distance,of 1014'.32 feet; thence leaving said Northeasterly lioe of Lot H , South 30 48' East, a distance of 238.36 feet; thence South 76 46' East, a distance of 931,69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka & Santa Fe Railway Company as said right of way is described in a Deed recorded September 13, 1948, in Book 2944 at Page 76 of said Official Records; thence South 83' 33' 25" East, a distance of 167.89 feet to the TRUE POINT OF B&GINNING, -F UEPOINT OF BEGINNING; thence from said North 26 56' 40" West, a distance of 210.40 fee&; thence North 62 39' 20" East, a distance of 327651 feet; thence South 26 56' 40" East, a distance of 208.78 fget; thence South 53 40' 50" West, a distance of 257.37 fget; thence South 57 11' 50" West, a distance of 73.95 feet; thence North 26 56' 40" West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certain portion thereof lying above Mean Sea level, United States Geological Survey Datum. EXHIBIT "A" . March 4, 1957, lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EXHIBIT "B" ., - - - April 1, 1962, Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EXHIBIT "C" _. . _- , t , ,’ .a’ IIT--D8N’T SAY IT INTER-DEPARTMENT MEMORANDUM TQ Marsha Backlund 51 DATE 8-5 19 83 A. tvl. P. M. Re: Sublease with YMCA for Niddle Lagoon Waters Attached per your request is the original sublease with the YMCA for the middle waters of the Agua Hedionda Lagoon. As soon as you obtain signatures from the YXCA, please return original document !’ /I to this office. Also attached is a copy of the document for you to give to the YMCA for their records. /! 1; I’ 1; Thanks. !! /' I! Karen ‘1 I/ j/ ;I REPLY ON THIS SHEET I~.------------- ----= FROM -__----___--___.--__- --.__ - r I C h SUBLEASE THIS SUBLEASE, made and entered into as of , by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and North Coast Family YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation ("Sublessee"). WITNESSETH WHEREAS, Sublessor is the lessee of that certain real property of Ranch0 Agua Hedionda Middle Lagoon Waters which is hereinafter described and is willing to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Sublessor for certain recreational purposes; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof, the parties mutually agree as follows: 1. Demised Premises For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained, Sublessor hereby lets and Sublessee hereby hires and leases from Sublessor those certain premises more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). 2. Use The property shall be used by Sublessee for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee's recreational camping program, which ? . use shall at all times be under the competent and effective supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the property for any commercial or business venture. Sublessee's use of the water, shall be non-exclusive. 3. Term The initial term of this Sublease shall be for a period of five (5) years commencing on the 6th day of March, 1983 1984 and terminating on the 6th day of March, 1989. This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. If the City's lease with San Diego Gas & Electric described in paragraph 6 is terminated this sublease shall terminate. 4. Rent Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($1.00) per year for the use and occupancy of the Property, receipt of which rent for the first (1st) year of the initial 5. term of this Sublease is hereby acknowledged. Improvements Sublessee shall have the right, subject to the approval of San Diego Gas & Electric Company of City of Carlsbad, to construct and repair any recreationally related improvement upon . . . . . . . . . 2. the Property, including, but not' limited to, a combined boat and fishing pier. Sublessee agrees to keep the Property free and clear of any and all liens at all times. Upon the termination of this Sublease, either by its expiration or upon notice, Sublessee agrees, upon receipt of written request from Sublessor, to remove, at Sublessee's own expense, any and all structural or other improvements which may have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination of this Sublease. 6. Subordination This Sublease is subordinate to that certain written lease between Sublessor and San Diego Gas & Electric Company, dated March 4, 1957, a copy of which is attached hereto, marked Exhibit "B" and incorporated herein by reference, as amended April 1, 1962, a copy of which Amendment is attached hereto, marked Exhibit "Cl' and incorporated herein by reference. 7. Waste Sublessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, the County of San Diego, and the State of California. 3. b- .’ a. Sanitary Facilities As further consideration for this Sublease, Sublessee agrees, at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons entering upon or using the Property. 9. Hazards Both parties recognize and agree that due to the operation of the tides, the flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters contiguous to the Property and Sublessee, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon said waters do so with specific knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such conditions, and Sublessee and such persons specifically release and hold Sublessor harmless from and against any and all claims, demands, and liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. T his release is in addition to such other release and indemnification as is provided below. 10. Right of Entry Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if 4. - Sublessee is faithfully complying with the terms and conditions of this Sublease. . 11. Rights of Sublessee Sublessee shall have no right nor acquire any interest in or to the Property other than as provided in this Sublease. 12. Assignment Sublessee shall not assign this Sublease nor sublease the Property; provided, however, Sublessee may allow other persons who are a part of its programs to use the Property for a fee. Sublessor shall have the right to use the water. In the event that Sublessee allows the City of Carlsbad Parks and Recreation Department ("Parks") to use its facilities, the following provisions and conditions shall apply: (a) Fees During prime-time months (as hereinafter defined) Parks shall be charged the same rate charged to YMCA Groups for use of Y Facilities. During non-prime time months (as hereinafter defined) Parks shall be charged one-half (l/2) of the prime-time rate for the use of Y Facilities. "Prime Time" as hereinabove used shall include the months of May through October and all federal, state, county and city school vacations, and all federal, state, county and city holidays. "Non-prime Time" as hereinabove used shall include all months, days, and times which are not prime-time. (b) Lifequards Sublessee shall not require Parks to employ . . . 5. - Sublessee's lifeguards if, but only if, Parks' lifeguards complete Sublessee's orientation program and agree to, and in fact do, follow and uphold all of Sublessee's rules. (c) Reservations Parks and Parks' groups have the right to reserve dates for use of Y Facilities up to one (1) year prior to the date of the actual use. 13. Default Should default be made in the performance of any of the terms or conditions of this Sublease and such default shall continue for thirty (30) days after Sublessee has received notice in writing from Sublessor of such default, Sublessor may reenter, take possession of the demised premises, and remove any and all persons and property of Sublessee therefrom. "Default" as hereinabove used shall be limited to Sublessee's (a) abandonment and vacation of the Property (failure to occupy and operate the Property for thirty (30) consecutive days shall be deemed an abandonment and vacation; (b) failure to remove any lien of any kind against the Property within thirty (30) days of the lien being recorded against the Property; (c) failure to properly provide and maintain sanitary facilities and improvements. Any waiver by Sublessor of any default committed by Sublessee shall not constitute a waiver of any subsequent default. 14. Waiver Any waiver by Sublessor of any breach of one or more of the terms, covenants, and conditions of this Sublease shall not 6. be a waiver of any subsequent other breach of the same or of any other term or condition hereof. 15. Indemnity _ Sublessee hereby agrees to indemnify, save, and hold Sublessor harmless from any and all loss, damage, injury, and claims resulting from any act or omission of Sublessee, its employees, agents, licensees, permittees, invitees, or other persons upon the Property with or without the consent of Sublessee, to the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of by Sublessee, its agents, servants, employees, and other persons using the property with the consent of Sublessee or under the supervision or control of Sublessee. Sublessor hereby agrees to indemnify save and hold harmless Sublessee from any and all loss, damage, injury and claims resulting from any act or omission of Sublessor, its employees, agents, licensees, permittees, invitees or other persons upon the property with the consent of Sublessor, or the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of the property by Sublessor, its agents, servants, employees, and other persons using the property with the consent of Sublessor or under the supervision or control of Sublessor. 7. - Notwithstanding any of the above to the contrary, Sublessee and Sublessor shall not be responsible for and does not hold each other harmless from any act or omission, which act or omission constitutes active negligence (whether direct, vicarious, or imputed) on behalf of each other, their employees, or agents. 16. Insurance Sublessee shall maintain a liability insurance policy for its facilities and for the property insofar as it is used by people with the consent of Sublessee or under the supervision or control of Sublessee. The City shall be named as an additional insured under such policy. Sublessor shall include the property in its self insured program to cover people who are using the property without authorization of Sublease or who are not under the supervision or control of Sublessee; 17. Attorneys' Fees In the event either party shall be required to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person prevailing in such action or proceeding shall be entitled to recover from the other person or to be reimbursed the prevailing person's actual attorneys' fees and costs including, but not limited to, expert witness fees, witness fees, and any and all other fees and costs, whether or not the proceeding or action proceeds to judgment. a. - la. Construction whenever used in this Sublease, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine. 19. Headings and Captions The headings and captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not be construed to be a substantive part of this Sublease and shall not in any way define, limit, expand, or affect any provision of this Sublease. 20. Notices Notices to be given hereunder from one party to the other may be served in person or sent by certified mail to: SUBLESSOR: 1200 Elm Avenue Carlsbad, California 92008 SUBLESSEE: 200 Saxony Road Encinitas, California 92024 or such other place as the parties may designate.' IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed for and on behalf of each by and through their respective authorized corporate officers as of the day and year first above written. . . . . . . . . 9. - SUBLESSOR: CITY OF CARLSBAD, a municipal corporation . MARY H. C#SLER, Mayor Attest: SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation By: Attest: P’ / u 6 I’i 77 d--- ,,,&-&gzL~c F SecretarM The undersigned hereby consents to the foregoing Sublease. SAN DIEGO GAS 61 ELECTRIC COMPANY, a corporation By: President Attest: Secretary 10. - - _- RECORDING REQUESTED BY: Mr. David Kulchin WHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encinitas, California 92024 MEMORANDUM OF SUBLEASE This Memorandum of Sublease is made as of /rlAv /d, / 1984, by and between CITY OF CARLSBAD, a municipal corporation ("Sublessor") and NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION ("Sublessee"), concerning that certain real property (the "Property") located in the City of Carlsbad, State of California, and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. For good and adequate consideration, Sublessor subleases the Property to Sublessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the Sublease which is incorporated in this Memorandum by this reference. The term of said Sublease is five (5) years, commencing March 3, 1984 and terminating on March 3, 1989, subject to three (3) successive five (5) year extensions, unless either party gives the other written notice at lease sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. If the City-San Diego - Gas & Electric lease for the Property is terminated this agreement shall automatically be terminated. This Memorandum is not a complete summary of the Sublease. Provisions in this Memorandum shall not be used in interpreting the Sublease provisions. In the event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. Executed on the date first written above. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation --’ By: /fw MARY H. CA LER, Mayor L ATTEST: ALETHA L. SUBLESSEE: NORTH COAST FAMILY YOUNG MEN'S CHRISTIAN ASSOCIATION, a non-profit corporation By: ATTEST: (. . I . i Secretary /,! STATE OF CALIFORNIA ) ) ss. COUNTY OF SANDIEGO 1 On my 17, 1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared &l?U?YH.CASLEB known to me to be the Mayor of the City of Carlsbad, and known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same on behalf of the City of Carlsbad, known to me to be the pedson who executed the within instrument on behalf of the corporation therein named and acknowledged that such corporation executed the within instrument pursuant to its charter. WITNESS my hand and official seal. - --. ._ KAREN-R. STEVENS Notary Pubiic - Cafifmti Prhcipd Office In -- t W Cumma, Emm Se@ 21. 115 STATE OF CALIFORNIA 1 SAN DIEGO ) ss. COUNTY OF 1 On April 27, 1984 , before me, the undersigned, a Notary Public in and for said State, personally appeared Les Vaughn known to me to be the Chairman-Board of Managers of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. -- ------ --w~~NHss--my hand and official seal. A - - i .- .- m n LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS 6 ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CARLSBAD TO THE Y.M.C.A. The certain portion of Lot "H" of Ranch0 Agua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Commencing at Corner No. 1 of said Ranch0 Agua Hedionda; thence South 78" 03' East along the Northeasterly line of said Lot "H" of Ranch0 Agua Hedionda, a distance of 1014.32 feet; thence leaving said Northeasterly line of Lot "H", South 30' 48' East, a distance of 238.36 feet; thence South 76" 46' East, a distance of 931.69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka & Santa Fe Railway Company as said right of way is described in a Deed recorded September 13, 1948, in Book 2944 at Page 76 of said Official Records; thence South 83" 33' 25" East, a distance of 167.89 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, North 26" 56' 40" West, a distance of 210.40 feet; thence North 62" 39' 20" East, a distance of 327.51 feet; thence South 26" 56' 40" East, a distance of 208.78 feet; thence South 53" 40' 50" West, a distance of 257.37 feet; thence South 57" 11' 50" West, a distance of 73.95 feet; thence North 26" 56' 40" West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certain portion thereof lying above Mean Sea level, United States Geological Survey Datum. EXHIBIT "A" March 4, 1957, lease between. San Diego Gas 61 Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. , EXHIBIT "B" - April 1, 1962, Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EXHIBIT "C" - WHITE IT-IION'T SAY IT INTER-DEPARTMENT MEMORANDUM TO MarshaBacklund DATE 5-17 Isa4 A.M. P. M. Re: YEA Sublease Enclosed is the originaldocunentwhichhas been signed by theMayor.. Uehasinformdme thatafteryouobtain the signatures for SDG&E, you will return the documnt to our office. Also enclosed is the original mmrxandun of sublease, which ke informs me you will return to the YlrysA so that they may record it. REPLY ON THIS SHEET FROM WlLHER Jrlvlcr ipc STANDAIID INTER DEPT. MEMO FORM ll--24-m .- . - - SUBLEASE .- THIS SUBLEASE, made and entered into as of November 27, 1984 9 by and between CITY OF CARLSBAD, a municipal corporation (“Sublessor”) and North Coast Family YOUNG MEN’S CHRISTIAN ASSOCIATION, a non-profit corporation (“Sublessee”). WITNESSETH WHEREAS, Sublessor is the lessee of that certain real property of Ranch0 Agua Hedionda Middle Lagoon Waters which is hereinafter described and is willing to sublease the same to Sublessee; and WHEREAS, Sublessee is desirous of hiring and subleasing the said described property from Sublessor for certain recreational purposes; NOW, THEREFORE, in consideration of the performance of the terms and conditions hereof, the parties mutually agree as follows: 1. Demised Premises For and in consideration of the payment of the rents and performance by Sublessee of the covenants hereinafter contained, Sublessor hereby lets and Sublessee hereby hires and leases from Sublessor those certain premises more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the “Property”). 2. Use The property shall be used by Sublessee for the general purposes of recreation, sporting, fishing, and other purposes connected with Sublessee’s recreational camping program, which use shall at all times be under the competent and effective supervision of agents, servants, and employees of Sublessee. Sublessee shall not use the property for any commercial or business venture. Sublessee’s use of the water, shall be non-exclusive. 3. Term The initial term of this Sublease shall be for a period of five (5) years commencing on the 27th day of November I 1984 and terminating on the 27th day of November 7 1989. This Sublease shall automatically be renewed for three (3) successive five (5) year terms unless either party gives the other written notice at least sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. If the City’s lease with San Diego Gas & Electric described in paragraph 6 is terminated this sublease shall terminate. 4. Rent Sublessee agrees to pay to Sublessor the sum of ONE DOLLAR ($1.00) per year for the use and occupancy of the Property, receipt of initial term of this 5. Improvements which rent for the first (1st) year of the Sublease is hereby acknowledged. Sublessee shall have the right, subject to the approval of San Diego Gas % Electric Company and the City of Carlsbad, to construct and repair any recreationally related improvement upon . . . . . . . . . 2. . ’ the Property, including, but not limited to, a combined boat and fishing pier. Sublessee agrees to keep the Property free and clear of any and all liens at all times. Upon the termination of this Sublease, either by its expiration or upon notice, Sublessee agrees, upon receipt of written request from Sublessor, to remove, at Sublessee’s own expense, any and all structural or other improvements which may have theretofore been erected or constructed on the Property by Sublessee. The removal thereof shall be accomplished within sixty (60) days from and after the date of expiration or termination of this Sublease. 6. Subordination This Sublease is subordinate to that certain written lease between Sublessor and San Diego Gas & Electric Company, dated March 4, 1957, a copy of which is attached hereto, marked Exhibit “6” and incorporated herein by reference, as amended April 1, 1962, a copy of which Amendment is attached hereto, marked Exhibit “C” and incorporated herein by reference. 7. Waste Sublessee shall not commit, suffer, or permit any waste, nuisances, or unlawful acts on the Property and shall at all times maintain the same in a clean and sanitary condition in compliance with all applicable laws, rules, regulations, and ordinances respecting health and safety of the City of Carlsbad, the County of San Diego, and the State of California. . . . 3. - 8. Sanitary Facilities As further consideration for this Sublease, Sublessee agrees, at its own expense, to erect, provide, maintain, and service such suitable sanitary facilities as may be required for the comfort and needs of the persons entering upon or using the Property. 9. Hazards Both parties recognize and agree that due to the operation of the tides, the flow of waters, and other causes not under the control of either party, certain subsurface obstructions, shoals, bars, and other potentially dangerous conditions may develop from time to time in and under the surface of the waters contiguous to the Property and Sublessee, its agents, servants, employees, permittees, licensees, invitees, and other persons using and entering upon said waters do so with specific knowledge and express notice, which notice Sublessee undertakes to give to all such persons of such conditions, and Sublessee and such persons specifically release and hold Sublessor harmless from and against any and all claims, demands, and liabilities for damages or injuries occasioned by or resulting from such subsurface conditions. This release is in addition to such other release and indemnification as is provided below. 10. Right of Entry Sublessor reserves the right to enter upon the Property at any time for the purpose of viewing the same to see if . . . 4. Sublessee is faithfully complying with the terms and conditions of this Sublease. 11. Rights of Sublessee Sublessee shall have no right nor acquire any interest in or to the Property other than as provided in this Sublease. 12. Assignment Sublessee shall not assign this Sublease nor sublease the Property; provided, however, Sublessee may allow other persons who are a part of its programs to use the Property for a fee. Sublessor shall have the right to use the water. In the event that Sublessee allows the City of Carlsbad Parks and Recreation Department (“Parks”) to use the Property its facilities, the following provisions and conditions shall apply: (a) Fees During prime-time months (as hereinafter defined) Parks shall be charged the same rate charged to YMCA Groups for use of the Property Y Facilities. During non-prime time months (as hereinafter defined) Parks shall be charged one-half (l/2) of the prime-time rate for the use of the Property Y Facilities. “Prime Time” as hereinabove used shall include the months of May through October and all federal, state, county and city school vacations, and all federal, state, county and city holidays. “Non- prime T ime” as hereinabove used shall include all months, days, and times which are not prime-time. (b) Lifeguards Sublessee shall not require Parks to employ 5. Sublessee’s lifeguards if, but only if, Parks’ lifeguards complete Sublessee’s orientation program and agree to, and in fact do, follow and uphold all of Sublessee’s rules. (c) Reservations Parks and Parks’ groups have the right to reserve dates for use of the Property Y Facilities up to one (I) year prior to the date of the actual use. 13. Default Should default be made in the performance of any of the terms or conditions of this Sublease and such default shall continue for thirty (30) days after Sublessee has received notice in writing from Sublessor of such default, Sublessor may reenter, take possession of the demised premises, and remove any and all persons and property of Sublessee therefrom. “Default” as hereinabove used shall be limited to Sublessee’s (a) abandonment and vacation of the Property (failure to occupy and operate the Property for thirty (30) consecutive days shall be deemed an abandonment and vacation; (b) failure to remove any lien of any kind against the Property within thirty (30) days of the lien being recorded against the Property; (c) failure to properly provide and maintain sanitary facilities and improvements. Any waiver by Sublessor of any default committed by Sublessee shall not constitute a waiver of any subsequent default. 14. Waiver Any waiver by Sublessor of any breach of one or more of the terms, covenants, and conditions of this Sublease shall not 6. - be a waiver of any subsequent other breach of the same or of any other term or condition hereof. 15. Indemnity Sublessee hereby agrees to indemnify, save, and hold Sublessor and SDG&E harmless from any and all loss, damage, injury, and claims resulting from any act or omission of Sublessee, its employees, agents, licensees, permittees, invitees, or other persons upon the Property with or without the consent of Sublessee, to the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of the Property by Sublessee, its agents, servants, employees, and other persons using the property with the consent of Sublessee or under the supervision or control of Sublessee. Sublessor hereby agrees to indemnify save and hold harmless Sublessee from any and all loss, damage, injury and claims resulting from any act or omission of Sublessor, its employees, agents, licensees, permittees, invitees or other persons upon the property with the consent of Sublessor, or the person or persons, or property or properties of any person, including injury to or death of any person in any way arising from use and occupancy of the property by Sublessor, its agents, servants, employees, and other persons using the property with the consent of Sublessor or under the supervision or control of Sublessor. . . . . . . 7. - Notwithstanding any of the above to the contrary, Sublessee and Sublessor shall not be responsible for and does not hold Sublessor each other harmless from any act or omission, which act or omission constitutes active negligence (whether direct, vicarious, or imputed) on behalf of Sublessor, each other, its their employees, or its agents. 16. Insurance Sublessee shall maintain a liability insurance policy for its facilities and for the property insofar as it is used by people with the consent of Sublessee or under the supervision or control of Sublessee. This policy shall include a comprehensive general liability coverage of not less than $l,OOO,OOO for each occurrence for bodily injury and property damage combined. The City and SDG&E shall be named as an additional insured under such policy. Sublessor shall include the property in its self insured program to cover people who are using the property without authorization of Sublessee or who are not under the supervision or control of Sublessee. 17. Attorneys’ Fees In the event either party shall be required to commence any action or proceeding against the other by reason of any breach or claimed breach of any provision of this Sublease, to commence any action in any way connected with this Sublease, or to seek a judicial declaration of rights hereunder, the person prevailing in such action or proceeding shall be entitled to recover from the other person or to be reimbursed the prevailing person’s actual attorneys’ fees and costs including, but not 8. , ‘. limited to, expert witness fees, witness fees, and any and all other fees and costs, whether or not the proceeding or action proceeds to judgment. 18. Assumptions The YMCA shall assume all terms, conditions, and covenants of the lease between SDG&E and the City (with the exception of the payment of rent) to the extent those terms, conditions and covenants are not inconsistent with sublease. 19. Construction Whenever used in .this Sublease, as the context requires, the singular number shall include the plural, the plural number shall include the singular, the masculine gender shall include the feminine and neuter, the feminine gender shall include the masculine and neuter, and the neuter gender shall include the masculine and feminine. 20. Headings and Captions The headings and captions at the beginning of the various paragraphs and subparagraphs of this Sublease shall not be construed to be a substantive part of this Sublease and shall not in any way define, limit, expand, or affect any provision of this Sublease. 20. Notices Notices to be given hereunder from one party to the other may be served in person or sent by certified mail to: SUBLESSOR: 1200 Elm Avenue Carlsbad, California j2008 SUBLESSEE: 200 Saxony Road Encinitas, California 92024 9. .- IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed for and on behalf of each by and through their respective authorized corporate officers as of the day and year first above written. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation By: LER, Mayor Attest: Rautenkranz, City lerk SUBLESSEE: NORTH COAST FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION, a non-profit Attest: The undersigned hereby consents to the foregoing Sublease. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation c -46 / By: E. M. Gabriel son, Manager Land & Environmental Department IO. STATE OF CALIFORNIA ) ) ss. COUNTY OF %&/ &E&3 1 On ~&Tcee& 24 /4J4 , before me, the undersigned, a Notary Public in and for said State, personally appeared /wmi?I/ lu: e452e known to me to be the Mayor of the City of Carlsbad, and known to me to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same on behalf of the City of Carlsbad, known to me to be the person who executed the within instrument on behalf of the corporation therein named and acknowledged that such corporation executed the within instrument pursuant to its charter. WITNESS my hand and official seal. STAT COUN E OF TY OF CALIFORNIA DieqQ ) On -984 , before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Dorazio, Jr. known to me to be the Director of Board of Management of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. RECORDING REQUESTED BY: Mr. David Kulchin WHEN RECORDED, RETURN TO: Mr. David Kulchin North Coast Family YMCA 200 Saxony Road Encinitas, California 92024 MEMORANDUM OF SUBLEASE This Memorandum of Sublease is made as of November 27, 1984, by and between CITY OF CARLSBAD, a municipal corporation (“Sublessorll) and NORTH COAST FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION (“Sublessee”), concerning that certain real property (the “Property”) located in the City of Carlsbad, State of California, and more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference. For good and adequate consideration, Sublessor subleases the Property to Sublessee, and Sublessee hires the Property from Sublessor, for the term and on the provisions contained in the Sublease which is incorporated in this Memorandum by this reference. The term of said Sublease is five (5) years, commencing November 27, 1989nd terminating on November 27, 1989, subject to three (3) successive five (5) year extensions, unless either party gives the other written notice at lease sixty (60) days prior to the end of the initial term or any successive term that the Sublease is to terminate at the end of such term. Notwithstanding anything to the contrary in this paragraph, 11. . - either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. If the City-San Diego Gas & Electric lease for the Property is terminated this agreement shall automatically be terminated. This Memorandum is not a complete summary of the Sublease. Provisions in this Memorandum shall not be used in interpreting the Sublease provisions. In the event of conflict between this Memorandum and other parts of the Sublease, the other parts of the Sublease shall control. Executed on the date first written above. SUBLESSOR: CITY OF CARLSBAD, a municipal corporation By: MARY H. CAS ATTEST: ALETHA L. RAUTENKRANZ, City lerk SUBLESSEE: NORTH COAST FAMILY YOUNG MEN’S CHRISTIAN ASSOCIATION, a non-profit corporation ATTEST: By: LEGAL DESCRIPTION OF MIDDLE LAGOON WATERS OWNED BY SAN DIEGO GAS & ELECTRIC COMPANY TO BE SUBLEASED BY CITY OF CARLSBAD TO THE Y.M.C.A. The certain portion of Lot “H” of Ranch0 Agua Hedionda, according to the Map thereof No. 823, filed in the Office of the County Recorder of San Diego County described as follows: Commencing at Corner No. 1 of said Ranch0 Agua Hedionda; thence South 78” 03’ East along the Northeasterly line of said Lot “H” of Ranch0 Agua Hedionda, a distance of 1014.32 feet; thence leaving said Northeasterly line of Lot “H”, South 30” 48’ East, a distance of 238.36 feet; thence South 76” 46’ East, a distance of 931.69 feet to a point of intersection with the Westerly right of way line of the Atchison, Topeka & Santa Fe Railway Company as said right of way is described in a Deed recorded September 13, 1948, in Book 2944 at Page 76 of said Official Records; thence South 83” 33’ 25” East, a distance of 167.89 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, North 26” 56’ 40” West, a distance of 210.40 feet; thence North 62” 39’ 20” East, a distance of 327.51 feet; thence South 26” 56’ 40” East, a distance of 208.78 feet; thence South 53” 57” 11’ 40’ 50” West, a distance of 257.37 feet; thence South 50” West, a distance of 73.95 feet; thence North 26” 56’ 40” West, a distance of 45.55 feet to the TRUE POINT OF BEGINNING: excepting from the above described property that certain portion thereof lying above Mean Sea level, United States Geological Survey Datum. EXHIBIT “A” - -. . . i I March 4, 1957, lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EXHIBIT “B” April 1, 1962, Amendment to Lease between San Diego Gas & Electric Company (as Lessor) and City of Carlsbad (as Lessee) to be provided by Sublessor. EXHIBIT "C" I Alexander 81 Alexander Inc. COMPANIES A X 130 E. Randolph Dr. Chicago, lllinols 60601 CrlMPPINY A Tha Tnprrranro (-!nmn~nv nf the Certificate No. zl IAME AND ADDRESS OF INSURED YMCA of San Diego County 7510 Clairemont Mesa Blvd. San Diego, CA 92111 2TTMTPEARNY B COMPANY LETTER C E?T?Y D COMPANY LETTER E Thts is to certtfy that policies of insurance listed below have been Issued to the Insured named above and are tn force at this time. Notwithstanding any requirement, term or condttlon of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the policies descrtbed herein is subject to all the terms, exclusrons and conditions of such poltcies. TYPE OF INSURANCE GENERAL LIABILITY m COMPREHENSIVE FORM PREMISES-OPERATIONS EXPLOSION AND COLLAPSE HAZARD UNDERGROUNDHAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD n CONTRACTUAL INSURANCE BROAD FORM PROPERTY DAMAGE I.4 INDEP. CONTRACTORS Q PERSONAL INJURY AUTOMOBILE LIABILITY 8 COMPREHENSIVE FORM OWNED cl HIRED cl NON-OWNED EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS’ COMPENSATION and EMPLOYERS’ LIABILITY OTHER IN OF OPERATlONSiLOCATlONSi POLICY NUMBER MP 969 73 69 POLICY PERIOD :ff. 11/l/84 5x' 7/l/85 Ill iXP iff. EXP iff ix!2 LIMITS OF LIABILITY IN THOUSANDS (000) EACH OCCURRENCE AGGREGATE BODILY INJURY s 5 PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTY DAMAGE I I $ 1,000 s 1,000 COMBINED I PERSONAL INJURY $ 1,000 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY % BODILY INJURY BY ACCIDENT % EACH ACCIDENT BODILY INJURY BY DISEASE % POLICY LIMIT BODILY INJURY BY DISEASE $ EACH EMPLOYEE I RE: NORTH COAST YMCA I Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall im- 1 fl pose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF CARLSBAD 1166 ELM AVENUE CARLSBAD, CA 92008 DATE ISSUED: 11-8-84/jc I BY rized to Act CERTIFICATE HOLDER - _.-.-- -.. - --. -- .- -.--. .- ..__ --._ - _. -.. ..- -. -_-. ___.-_ _, - PRODUCES ALEXANDER G ALEXANDER, INC. BARNEY t?, BARNEY - LOCAL AGENT P.O. BOX 85638 II c ERTIFICATE #38 INSURED YMCA OF SAN DIEGO COUNTY 7510 CLAIREMONT MESA BLVD. SAN DIEGO, CA 92111 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFF NATIONAL UN1 OF PITTSBLJRG TYPE OF INSURANCE POLICY NUMBER MP 9046416 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS ) ALL OWNED AUTOS ( $#$Rp#$N) 1 ) HIRED AUTOS NON-OWNED AUTQS GARAGE LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY DESCRIPTION OF OPERATlONSlLOCATlONS~ RE: NORTHCOAST YMCA -IICLES/SPEI ZIAL ITEMS POLICY EFFECTNE DATE (MM/DD~ 12/31/86 POLICY EXPIAATION DATE (MMmDPIY) 12/31/87 / PERSO;iNJURY I!$ l,ooo, Et; (PER ACCIDENT PROPERN DAMAGE BI 8 PD COMBINED El Fi PD COMBINE0 STATUTORY t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF CARLSBAD 1166 ELM AVENUE CARLSBAD, CA 92008 ~M:ti’l?a _ CERTIFICAI - OF- INklANCE ISSUE DATE (MMIDDIYY) 12-19-90/rb PRODUCER CERTIFICATE NO. 51 BARNEY & BARNEY P.O. BOX 85638 SAN DIEGO, CA 92186-5638 e __.,, ..-_ . THIS CERTlFlCATk lS’i%UED AS A MATTER OF INFORMATION ONLY AND ; CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI : DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHI L!m!~a!sI!w?Yw, -. ____. I- - . - .._ . . . COMPANIES AFFORDING COVERAGE NATIONAL UNION FIRE INSURANCE f:FE;NYA COMPANY OF PITTSBURGH, PA COMPANY INSURED LETTER B YMCA OF SAN DIEGO COUNTY 7510 CLAIRJXMT NESA BLVD. SAN DIEGO, CA 92111 COMPANY LETTER C COMPANY D LETTER COMPANY LETTER E ----_“_-_- .I-l.x~...“__.j_.,.l.~. ._. . ..-..._. .I. ,. , .-_^ /,~ ,~ i .,. ,. , ,y. . ,I -_ .-. l..-l.ll~.ll .,, _ ,i_-. .I.. COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iI I” r I , j 1 I ! I t 5. 1 1 ) , I co .TR TYPE OF INSURANCE -,-- -- _ _ _.-~ ^._. _. ” . _ . ._ . I GENERAL LIABILITY A x COMMERCIAL GENERAL LIABILITY CLAIMS MADE x OCCUR. OWNER’S 8. CONTRACTOR’S PROT. -^-----.^a- -__.-., .-, . .^ -_-_ _I,. AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS x HIRED AUTOS x NON-OWNED AUTOS GARAGE LIABILITY j-- _... .~. I / EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM _- ..,. I.._ _ ^ WORKER’s COMPENSATION AND EMPLOYERS’ LIABILITY __.I _-._ _.-.- I : OTHER POLICY NUMBER RENEWAL OF MLP 5222668 . . RENEWAL OF MLA 5225327 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS ,_i.- _,,. __.- -. -^__-- GENERAL AGGREGATE s 2,000,00( AGG. $ 2,000,00( $ 12/31/90 1,000, o()( $ 1,000,00( $ MED. EXPENSE (Any one person) $ ..~.. . ..,. 1,, ,- ., ., ..I COMBINED SINGLE LIMIT $ 1,ooo,ooc BODILY INJURY (Per person) $ 12/31/90 12/31/91 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ --. 11 . _. . . EACH OCCURRENCE $ AGGREGATE $ _^, STATUTORY LIMITS WITH RESPECT TO THE YMCA PROGRW! BEIPJG EACH ACCIDENT $ CONDUCTED ON THEIR PREMISES. DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ 4 ___-._. .“,_ ^ ~..--... I. “,1. i DESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS YMCABRANCH: 'PROGRAM SITE: MAGDALENA ECKE A UATIC PARK (LAGOON), CARLSBAD, CA 92008 8E 'DATES OF COVERA : l/1/91-12/31/91 ADDITIONAL INFORMATION: LAND LEASED FROM THE CITY OF CARLSBAD CERilFibATE HOLDER .._I CANCELLATION *lO DAY NOTICE #OR ?iON PAYHEii'f CITY OF CARLSBAD 6 SDGSE 1200 CARLSBAD VILLAGE DRIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL f30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE EFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7/90) D CORPORATION 1990 ----__--.- ---- - ” POLICY NUMBER: MLP 5 2668 COMMERCIAL GENERAL LIABILITY INSURED: YMCA OF SAN DIEGO COUNTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. ~EXXSED DEC 2 6 jgg[~ SCHEDULE 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): (SEE BELOW) 3. Additional Premium: (If no entry appears above, the informabon required to complete this endorsement wik be shown In the Declara- tions as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as This insurance does not apply to: an insured the person or organization shown in the Schedule but only with respect to liability arising out 1. Any “occurrence” which takes place after you of the ownershrp. maintenance or use of that part of cease to be a tenant in that premises. the premises leased to you and shown in the Schedule 2. Structural alterations. new constructlon dr dem- and subject to the following additional exclusions: olition operations performed by or on behalf of the person or organization shown in the Sched- ule. YMCABRANCH: PROGRAM SITE: MAGDALENA ECKE A ATIC PARK (LAGOON), CARLSBAD, CA 92008 DATES OF COVERA E: ii? 1 ADDITIONAL INFORMATI 6 l/91-12/31/91 N: LAND LEASED FROM THE CITY OF CARLSBAD CITY OF CARLSBAD G SDGGE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 A'lTN: CARL POPE CG 20 11 1185 Copyright, Insurance Services Office. Inc.. 1984 -- .- CERTIFICAI f;r INSURANCE ISSUE DATE (MM/DD/YY) 12/18/91/dr I------ ----__------ _-.- l_____.---"-_-~--_-..--"_ll -.~I.._ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ‘RODUCER C!!TIFICATR NO. 46 P.O. BOX 85638 SAN DIEGO, CA 92186-5638 DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE POLICIES BELOW. .- COMPANIES AFFORDING COVERAGE NSURED COMPANY A NATIONAL UNION FIRE INSURANCE LETTER COMPANY OF PITTSBURGH, PA COMPANY LETTER B YMCAOF SANDIEGO COUNTY 4715 VIEWRIDGE AVE. SUITE 100 SAN DIEGO, CA 92123 COMPANY LETTER C COMPANY LETTER D :OVERAGES COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 rR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 \ x COMMERCIAL GENERAL LIABILITY Rl!xmwAL OF PRODUCTS-COMPIOP AGG. 5 2,()()(),0()0 CLAIMS MADE x OCCUR. MLP 2033878 12/31/91 12/31/92 PERSONAL B ADV. INJURY 5 1,()00,0()0 OWNER’S 8 CONTRACTOR’S PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 ---. . ---lu____ll_“_l_y-- _I--.m-L^--w --w-~- /_ .--,- MED. EXPENSE (Any one person) $ TCXC~~IJDED Y e---w. AUTOMOBILE LIABILITY A ANY AUTO COMBINED SINGLE LIMIT 0 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS RENEWAL OF MIA 5258877 BODILY INJURY 12/31/91 12/31/g2 (Per person) $ x HIRED AUTOS x NON-OWNED AUTOS BODILY INJURY (Per accident) s GARAGE LIABILITY PROPERTY DAMAGE s I_I1--._ ,--. - ._,-- IIy_~-~-, ^_._ 1, ~. “-, ___ .-- ,.-,l.-.. II . .IlP __._. _,I. (_ _*” F.. ._. ,,.-. ,, . ^ __-__-_l_-_ - EXCESS LIABILITY EACHOCCURRENCE 5 UMBRELLA FORM AGGREGATE 5 OTHER THAN UMBRELLA FORM A--- I_ .I_.I,_l--_._~.L_I.~I .__-. .----.., -. ..,. ----, - -_II .-_I- .*. -.,_1_-_ ‘. - -^wi-,--i,- WORKER’S COMPENSATION STATUTORY LIMITS WITH RESPECT TO THE YMCA PROGRAM BEING EACH ACCIDENT $ AND CONDUCTED ON THEIR PREMISES. DISEASE-POLICY LIMIT 0 EMPLOYERS’ LIABILITY DISEASE-EACH EMPLOYEE $ --- _-1-~~~.~-4 . . -- ~.J_y-~.-.--,_. _ I._ ._ _LII_ _...-*- .~I ._~ c_.~. I‘ . ..--... “,. -,..,-_. _ _“-. -.-.-I-Y-l) r-., _.. -.~a_ 1. -.,,.s j-_“- -.1-n..1 “.-- ~^_ OTHER - ---,J”I-=-m__-- KSCRIPTION OF OPERATfDNSILOCATIONSNEHICLES/SPEClAL ITEMS =ch =a : --,-. MAGD~~A ECKE __v/n__l__xi_l----~.~ PROGRAM SITE: DATES OF COVERAGE: WU-IX&'AI&X (LAGOON), CARLSBAD, CA 92008 RDDITIONAL INF'ORMATION: - 12/31/92 LAND L-ED FROMTHE CITYOF CARLSBAD ,a-.-- L1~~ll-l-...~_~l .."I. .__._.-I -aI .". -._._ .Y _, F_ 11" ,. ^_ jl-~._l__-"L. ..^ ,-. .d-_-I__"I-ew.--uP :ERTIFICATE HOLDER CANCELLATION *lO DAY #OTICE FOR HOH PAW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITYOF CARLSBAD h SDGhE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ATTN: CITYCLRRX EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL +30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7/90) OACORD CORPORATION 1990 “. ._ - MLP - 33878 - POLICY NUMBER: COMMERCIAL GENERAL LIABILITY NAMED INSDRHD: YMCA OF SAN DIEGO COUNTY -THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , ’ L ADDITIONAL INSURED-MANAGERS OR LESSORS Of PREMISES Thrs endorsement modifies Insurance provided under the followtng: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE 1. Designabon of Premises (Part Leased to You): 2. Name of Person or Organlzatlon (AdditIonal insured): 3. AddItIonal Premium: (SEE BELOW) (if no entry appears above. the rnformatlon requrred to complete this endorsement Walt be shown II-I the Declara- tions as applicable to this endorsement.) WHO IS INSURED (Section II) IS amended to Include as This Insurance does not apply to: an insured the person or organization shown in the Schedule but only with respect to liability arrsing out of the ownership. maintenance or use of that part of the premises leased to you and shown rn the Schedule and subject to the followlng additlonal exclusions: 1. 2. Any “occurrence” which takes place after you cease to be a tenant In that premises. Structural alterations. new constructlon dr dem- olition operations performed by or on behalf of the person or organlration shown In the Scnea- ule. YMCA BRANCH: MAGDALENA ECKE PROGRAM SITE: AQUATIC PARK (LAGOON), CARLSBAD, CA 92008 DATES OF COVERAGE: l/1/92 - 12/31/92 ADDITIONAL INFORMATION: LAMI LEASED FROM THE CITY OF CARLSBAD CITY OF CARLSBAD 6 SDGhE 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ATTN: CITY CLHRK CG 20 11 1185 CopyrIght. Insurance Services Office. Inc.. 1984 - .- F I f C c Admms CiERTlHCAl m OF AGUE ISSUE DATE (MMIDDIYY) 12/18/92 Iv 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND BARNEY & BARNEY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P. 0. BOX 85638 DOESNOTAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE POD IQFS BFI OW. SAN DIEGO, CA 92186-5638 COMPANIES AFFORDING COVERAGE CERTIFICATE NO. 31 NSURED YMCA OF SAN' DIEGO COUNTY 4715 VIEWRIDGE AVE. SUITE 100 SAN DIEGO, CA 92123 2f,wfEwAGE8 NATIONAL UNION FIRE INSURANCE ?:-tNyA COMPANY OF PITTSBURGH, PA COMPANY LETTER B COMPANY LETTER C COMPANY LElTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 rR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS * GENERAL LIABILITY A x COMMERCIAL GENERAL LIABILITY RENEWAL OF CLAIMS MADE x OCCUR. MLP 2033878 GENERAL AGGREGATE * 2,000,000 PRODUCTS-COMPIOP AGG. * 12/31/92 12/31/93 2,000,000 PERSONAL & ADV. INJURY $ 1 r 000 l 000 OWNER’S 8 CONTRACTOR’S PROT. EACH OCCURRENCE $ l;ooo;ooo FIRE DAMAGE (Any one fire) $ 100,000 AUTOMOBILE LIABILITY COMBINED SINGLE A ANY AUTO LIMIT $1,000,000 ALL OWNED AUTOS RENEWAL OF BODILY INJURY L SCHEDULED AUTOS MLA 5258877 12/31/92 1 2,3 1,g3 IPer Person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY OTHER WlTH RESPECT TO THE YMCA PROGRAM BEING STATUTORY LIMITS CONDUCTED ON THEIR PREMISES. EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS YMCA BRANCH: MAGDALENA ECKE PROGRAM SITE: AQUATIC PARK (LAGOON), CARLSBAD, CA 92008 IATES OF COVERAGE: 12/31/92 - 12/31/93 9DDITIONAL INFORMATION: LAND LEASED FROM THE CITY OF CARLSBAD ZERTIFICATE HOLDER CANCELLATKSN "10 DAYS NOTICE FEFR NON PAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 3ITY OF CARLSBAD & SDG&E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3TTN : CITY CLERK MAIL *TODAYS WRITTEN NOTICE ~0 THE CERTIFICATE HOLDER NAMED ~0 THE 1200 CARLSBAD VILLAGE DRIVE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ZARLSBAD, CA 92003 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 4cfwm 2&s ‘17190) BAGORD CORPORATKlN 1990 “- A a POLICY NUMBER: MLP 2033& C _ MERCIAL GENERAL LIASILI~Y NAMED INSURED: YMCA OF SAN DIEGO COUNTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .ADDlTIONAL INSURED-MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the followcng: COMMERCIAL GENERAL LIABILIN COVERAGE PART. SCHEDULE 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): 3. Additional Premium: (SEE BELOW) (If no entry appears above. the information required to complete this endorsement wtll be shown in the Oeclara- tions as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as This insurance does not apply to: an Insured the person or organization shown In the Schedule but only with reswt to liabrlity arlsing out 1. Any “occurrence” which takes place after you of the ownership, maintenance or use of that part of cease to be a tenant In that premises. the premises leased to you and shown rn the ScheduJe 2. Structural alterations, new construction or dem- and subject to the following additional exclusrons: oktion operations performed by or on behalf of the person or organiratlon shown In the Sched- ule. YMCA BRANCH: MAGDALENA ECKE PROGRAM SITE: AQUATIC PARK (LAGOON), DATES OF COVERAGE: cA~Lmm, CA 92003 12/31/92 - 12/31/93 ADDITIONAL INFORMATION: LAND LEASED FROM THE CITY OF CARLSBAD CITY OF CARLSBAD & SDGCE ATTN: CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, f?A 92008 CG 20 11 1185 Copynght. Insurance Servrces Office, Inc.. 1984 ‘ROlf’CER Barney & Barney P.O. Box 85638 San Diego, CA 92186-5638 (619) 457-3414 COMPANIES AFFORDING COVERAGE COMPANY CRUM & FORSTER-UNITED STATES FI"RE Mst#: 1045 LEl-rER AINSURANCE ,CO ." COMPANY NSIJREDYMCA OF SAN DIEGO COUNTY LE-KER B COMPANY LETTER C 715 VIEWRIDGE AVENUE ,.. COMPANY UITE 100 LElTER D AN DIEGO CA 92123 COMPANY LElTER E -e-mm-” .a I %WERAQES 'i"," 1." ::; ,' I'_/ " .*‘I;;. ", :I:.,.s..,~~~~,,~~~~,,,~ m>.".+ b"~?~~S~ u~~~";~;~ "I """$";r, ', ^ ) p-"' ,."< .:"?p',""',y; ." ,- : (. ;' ..::.:..: \ ;_ ,I~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ,s,: . ..:i .‘_._” * ,“* 1112). INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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. :0 rR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTWE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/W) LIMITS GENERAL LIABILITY GENERAL AGGREGATE *5,o!?O,PoO x COMMERCIAL GENERAL LIABILITY PROD”&COMP/OP AG6. ‘i* 2 ,,.op 9, 0 0 6 j-'- t CLAIMS MAD% occw.546-000-111-9 12/31/93 12/31/94 PERSONAL&A&NJ”RY $i, ooo,@@ l _.“_ A OWNER’S 8 CONTRACTOR’S PROT. EACH OCCURRENCE ~~1,00d~~00 *SEE BELOW ", .: ^. _I FIRE DAMAGE (Any one fire) ~****50,~~~~ ME;. EXP&(A”; one perso”,&* 4 j;-* i J( tk * 0 AUTOMOBILE UABILITY x ANY AUTO COMBINED SINGLE LIMIT fl,OOO,0~q ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) R********o X HIRED AUTOS 506-000-102-4 12/31/g3 12/31/g4 BOD,LY,N;URY . . X NON-OWNED AUTOS (Per accident) d********o GARAGE LIABILITY .“... .._ “. PROPERTY DAMAGE J********o EXCESS LIABILITY EACH OCCURRENCE *******Jr*0 UMBRELLA FORM AGGREGATE ‘**‘****kj;,o OTHER THAN UMBRELLA FORM _.-w-111 ,.... 1 WORKER’S COMPENSATION ! ,,,,,, ;;,- “-* -l^l,m _l_” --_. - IN - _,_“_ .~_I_ -..- “4+ ~-I _ AND EACH ACCIDENT *********(-j _ .__ _” “I. EMPLOYERS LIABILITY DISEASE - POLICY LIMIT ‘***‘*$***i(y ,.” ..” ,.. DISEASE- En& EMPLOYEE $********O‘ oT"ElPROPERTY $19,957,200 BKT BLDG; 506-000-102-4 12/31/93 12/31/94 $5,443,082 BKT CONTENTS; $5000 DED, IESCRIPTION OF OPERATlONS/LOCATIONS/VE”ICLES/SPEClAL ITEMS WITH RESPECT TO THE YMCA PROGRAM BEING ONDUCTED ON THEIR PREMISES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LAIMS. :mPK?ATyE l-@&mm ~~~ I' '.l '"' ,:;" : _. T": ;,'~~~~l*.‘~~~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ITY OF CARLSBAD 61 SDG&E MAll3L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR TTN: CITY CLERK LIABILITY OF ANY KIND 200 CARLSBAD VILLAGE DRIVE AUTHORIZED REPRESENTATIV ARLSBAD CA 92003 CAROL ROBINSON-CERT #19 k . - NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: 546-000-I 11-9 INSURANCE COMPANY: CRUM & FORSTER - U.S. FIRE INSURANCE CO. POLICY PERIOD: 12131193 TO 12131194 YMCA BRANCH: MAGDALENA ECKE PROGRAM SITE: AQUATIC PARK (LAGOON), CARLSBAD, CA 92008 DATES OF COVERAGE: 12131193 - 12131194 ADDITIONAL INFORMATION: LAND LEASED FROM THE CITY OF CARLSBAD ADDITIONAL INSURED: CITY OF CARLSBAD 8, SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. MSWORD - ENDORSE - 93YGLAI - l/5/94 ‘RODUCER Barney t Barney P.O. Box 85638 San Diego, CA 92186-5638 (619) 457-3414 Mst#: 1045 ~IJRED YMCA OF SAN DIEGO COUNTY ,,1, 1, . ..“. “...-.\‘ .I, ..I :. ” I: :. &CR y;. _’ j, ‘ ,,., _.. ISSUE DATE (MM IDD /W) l&Y 34770 12/14/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPANY CRUM t FORSTER-UNITED STATES FIRE IErrER * INSURANCE CO COMPANY LETIER B 4715 VIEWRIDGE AVENUE SUITE 100 SAN DIEGO CA 92123 COMPANY LJZITERC COMPANY LEITER D COMPANY LEllER E zoyER9sfEQ ” ._, I,._ .I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 TR TYPE OF INSURANCE F’DLICY NUMBER POLICY EFFECTIVE FDLICY EXPIRATION DATE (MM/DD/YY) DATE (MMIDDIW) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A f .~_ c !__. _, CLAIMSMADEX OCCUR. 546-000-128-l OWNER’S 8 CONTRACTOR’S PROT * GENERAL AGGREGATE s*~,000,00~ PRODUCTS-COMP/OP AGO. $*2 , 000; oo( 12/31/94 12/31/95 PERSONAL&ADV. INJURY $*I, oci‘6, 06.t EACH OCCURRENCE $*1,666,60‘~ FIRE DAMAGE (Any one fire) .$~***5O,Om MED.EXPENSE(Anyonepmm) ;*+*****+*t AUTOMOBILE LlABlLlTY x COMBINED SINGLE ANY AUTO LIMIT "*1,000,00c ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Wr F-m $*********c AX HIRED AUTOS 506-000-115-9 X 12131194 w3v95 BoDlLy ,NJURY NON-OWNED AUTOS (Per accident) $*********c GARAGE LIABILITY PROPERTY DAMAGE b********c EXCESS LIABIUN EACH OCCURRENCE ,*********c UMBRELLA FORM AGGREGATE $?*********( . .., _ -. -,_ ? . -^ ‘” ^” - _ _. . ._ - OTHER THAN UMBRELLA FORM i WORKER’S COMPENSATlON STATUTORY LIMITS - -X*,-_..,--,I -“-1---. AND EACH ACCIDENT ,*********c .^ ,. . .-,.. ,.” EMPLOYERS LIABILITY DISEASE - POLICY LIMIT g*********c 'OTHERBUILDING AND DISEASE - EACH EMPLOYEE $* * * * * * * * * ( $5,000,000 LOSS LIMIT; A PERSONAL 506-000-115-9 12/31/94 12/31/95 $5,000 DEDUCTIBLE; PROPERTY SPECIAL FORM; REPLACE COMBINED. DESCRIF’TlON OF OPERATlONS /LOCATIONS /VEHICLES /SPEClAL ITEMS WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. *SUBJECT TO SIR PROVISIONS WITHIN THE POLICY. THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, PER THE ATTACHED ENDORSEMENT 94/94YLEAS.DCC _' '.I' 7 )*('""' & 'dr'.;,,,? -. .; y;, :, -x "_ _' I' :";*.. ."',‘ ‘I - .;z ._' ,:,:,i. ,,"- ;>..wp ,' . . "', _,' :;~Y _" _" ",::',p, :,:>,:a ,:$C, : .,y ^ '"<p CITY OF CARLSBAD &I SDG&E ATTN: CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR - NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: 546-000-I 28-1 INSURANCE COMPANY: CRUM & FORSTER - U.S. FIRE INSURANCE CO. POLICY PERIOD: 12/31/94 TO 12/31/95 YMCABRANCH: MAGDALENA ECKE RE: AQUATIC PARK (LAGOON), CARLSBAD, CA 92008 ADDITIONAL INSURED: CITY OF CmLSBAp 6 SJjC&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. MSWORD /ENDORSE/94/94YLEAS,DOC 12/l 4194 (3) Barney & Barney P.O. Box 85638 San Diego, CA 92186-5638 (619) 457-3414 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Mst#: 1045 .^ " INSURED yM($ OF SAN’ D&Go &UN& f$$f'YA CRUM & FORSTER-UNITED STATES FIRE INS CO COMPANY LElTER B COMPANY LETTER C 4715 VIEWRIDGE AVENUE SUITE 100 COMPANY LETTER D SAN DIEGO CA 92123 COMPANY LERER E ~~~.: ‘-yTyy /j”““ .“,j :,.-.:j: ‘ri,l’:,~~,:-‘~--“~~~~~~~~.~~ ‘.:: “‘I ..’ ,‘““.~,~“‘;;[.:; ,.“; ‘,:‘:‘ip;-:~ :.‘;~‘:.I:‘?; I :..:. .,,.:i”“*“_l :*f.., “::-l:,‘i’ ‘. / ” _., THIS lS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 33 .TR. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MMIDDIW) LIMITS GENERAL LIABILITY GENERAL AGGREGATE ~5rOO0,00~ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. i “1-1 --t Q 2 E 0 () Q c 0 0, A !-_ -1 CLAIMS MADEX. OCCUR.’ 546-000-153-3 12/31/95 12/31/96 PERSoNALaADV'NJURY %,OOO,OOr OWNER’S 8 CONTRACTOR’S PROT. EACH OCCURRENCE Ql, 000,00~ ?J FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one personi $***50r OO( h * * * * * * * * , AUTOMOBILE LIABILITY COMBINED SINGLE X ANY AUTO LIMIT :1,000,00~ ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS AX: *********i HIRED AUTOS 506-000-423-7 12/31/95 12/31/96 BODILY INJURY x NON-OWNED AUTOS (Per accident) $ *********I GARAGE LIABILITY PROPERTY DAMAGE $ *********i EXCESS LIABILITY EACH OCCURRENCE Sk********1 UMBRELLA FORM AGGREGATE %********t .“I_..~.I; .__,-, .~,_ ..1 -i.” - .._,\,_,_,.. x1.- _.L.,X OTHER THAN UMBRELLA FORM >: - ‘_ -- WORKER’S COMPENSATION STATUTORY LIMITS _ __,* ,... __I ,_ .~ ^_, AND EACH ACCIDENT f-k********1 EMPLOYERS LIABILITY DISEASE‘- bOLlCY LIMIT ‘. $k**i*****( DISEASE - EACH EMPLOYiE Q * * * * * * * * , OTHERBUILDING AND $26,909,251 LIMIT: A,PERSONAL 506-000-423-7 12/31/95 12/31/96 $5,000 DEDUCTIBLE; PROPERTY SPECIAL FORM; REPLACE DESCRIPTION OF OPERATIONS/LOCATlONS/VEHICLES/SPECIAL ITEMS WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. *SUBJECT TO SIR PROVISIONS WITHIN THE POLICY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1‘ $ :.. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAvOR ~0 “;; CITY OF CARLSBAD 61 SDG&E ATTN: CITY CLERK ., < MAIL- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE “ _:., LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR '. .:‘- LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. .". 1200 CARLSBAD VILLAGE DRIVE CARLSBAD GOGUE-CERT #16 "..T"‘?y~~',~.".". !l"‘lc:""‘,,' ,.‘:" :,;-,;a.; ._ ."' _ ", I ,, .‘.i '., - >’ . - - NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: 546-000-I 533 INSURANCE COMPANY: CRUM & FORSTER - U.S. FIRE INSURANCE CO. POLICY PERIOD: 12131 I95 TO 12131196 YMCA BRANCH: MAGDALENA ECKE RE: AQUATIC PARK (LAGOON), CARLSBAD, CA 92008 ADDITIONAL INSURED: CITY OF CARLSBAD & SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. MSWORD /ENDORSE/95/9!5YLEAS.DOC 12/13/95 (3) I b -A -me CERTIFiCiZ OF !MSURAli “c ,, .v. :.‘::‘*,” “%-?T ISSUE DATE (MM /DO /YY) Barney & Barney P.O. Box 85638 2367 - t&B @i+?O 12112196 1 THIS CERTIFICATE IS ISSUED AS A MAlTER OF lNFORMATlON ONLY AND ‘IFICATE HOLDER. THIS CERTIFICATE CONFERS NO RIGHTS UPON THE CERT DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92186-5638 (619) 457-3414 Mst#: 1045 COMPANY LETTER NSURED YMCA OF SAN DIEGO COUNTY 4715 VIEWRIDGE AVENUE SUITE 100 SAN DIEGO CA 92123 COYPANV LETTER COMPANY LElTER COMPANY LETTER COMPANY LETTER COMPANIES AFFORDING COVERAGE CRUM & FCRSTER-UNITEDSTATES FIRE A INS CO .__, l._. _,. ,., .-. ",,_ .__ -1 .."I __ 1- B ,. .“” ““.. .._._“, I.. _ I,.-,_-L,l._..“-.-X^-I C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ 10 rR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPlRAllON DATE (MMIDDIYY) DATE (MMIDDIYY) : LIMITS GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY I-- 7 AL _.J CLAIMSMADE X OCCUR. 546-000-172-2 GENERAL AGGREGATE , i $ *5&c! Q.QJ..Q,Q” . .,” -” ,“__” ,._ -I,, .,-_ “_, -‘t” ._““. PRODUCTS-COMP/OP AGG. i $ * 2 ~, eQ.o._Q,OeleQ,Q . . . x .-, ,-- .-, -“,, _-, “.,“i 12 / 3 1 / 9 6 12 / 3 1 / 9 7; bERSONACa !?!~,!“:‘!!RY.. -1 i% ,e Q.Q,,Q, QQ. OWNER’S & CONTRACTOR’S PROT. EACH OCCURRENCE _ _, .” .-, i $ *A ,LlQ.Q,..QQ t -. .~“, -$ _ FIRE DAMAGE (Any one fire) ..I ‘,, . _ ,~, ,_“, ,.“.“~, ___ ,_I_ ,,_ .i.L%&!!.%5 Q,.eQQ MED. EXPENSE (Any one pers~n)j $ * j, * * * * * * * AUTOMOBILE LIABILITY : COMBINED SINGLE x ANY AUTO LIMIT /$ ._ -, ._ ,, “,_“, ALL OWNED AUTOS I~ ,-.IIX,L” -“- .+.Al*QQn.,QQ BODILY INJURY : (Per person) I$ SCHEDULED AUTOS A X HIRED AUTOS ___ ,,._.,, ,._" __..___...c.,"~.~~-k~~~~.~.*-k 506-000-541-6 X NON-OWNED AUTOS 12/31/96 12/31/97:;&+kw as i ********* _“, “_ I .-.__“__^_x. ,-,,, + .-14- _-. ..-” /,“-_“-“..-- GARAQE LIABILITY PROPERTY DAMAGE ? is I *****Jr*** EXCEOS LIABILITY EACH OCCURRENCE I .__” ,“-, I$********* ___^__ .-“,,“w.,-+ ,.I_ “~,-.-.“.ll-,,l”ll-~- UMBRELLA FORM AGGREGATE *I-“.w..a-- 1---,wcI OTHER THAN UMBRELLA FORM i - WORKER’S COMPENSATION ’ STATUTORY LIMITS i Fd.,w ,.X. .^ ._,” _ .,,, __;, _.~ AND EACH ACCIDENT ~._.‘-_” .-__^-, I .-_I,- x~,~.--...- EMPLOYERS’ LIABILITY DISEASE - POLICY LIMIT q-~l;&“ti .k%AA ’ .._- ,L_ ““.. .^.” ,..- “,. “-““l-“,ll-. “.L%k&& lk2kA ??ahk DISEASE-EACHEMPLOYEEf$*~******k OTHER BUILDING AND : $27,733,506 LIMIT; A PERSONAL 506-000-541-6 12/31/96 12/31/97 $5,000 DEDUCTIBLE; PROPERTY SPECIAL FORM; REPLACE ~~cvrrl W8CRIPTlON OF OPERAfiONS ILOCATIONS/VEHlCLES /SPECIAL ITEMS &VU J. WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. *SUBJECT TO SIR PROVISIONS WITHIN THE POLICY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF CARLSBAD & SDG&E MAIL - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: CITY CLERK : LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1200 CARLSBAD VILLAGE DRIVE CARLSBAD MCFIELD-CERT #15 _ , '.:. ,, ::,.: _" ,w-~,:~'-.r. THE CERTIFICATE HOLDER IS NAMED AS ADDfTlONAL INSURED PER THE ATTACHED ENDORSEMENT. NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: 546-900-172-2 INSURANCE COMPANY: CRUM & FORSTER - U.S. FIRE INSURANCE CO. POLICY PERIOD: lU31/96 TO 12l31197 YMCA BRANCH: MAGDALENA ECKE RE: AQUATIC PmK (LAGOON), CARLSBAD, CA ADDITIONAL INSURED: CITY OF CARLSBAD & SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. MSWORD /ENDORSE/96/96YLEASDOC 12/l 1196 (3) PRODUCER Barney & Barney, LLC P.O. Box 85638 San Diego, CA 92186-5638 (619) 457-3414 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Lic#bC03950 Mst#: 1045 COMPANY CRUM & FORSTER-UNITED STATES-FIRE. .-' LETTER A INS CO YMCA OF SAN DIEGO COUNTY INSURED 4715 VIEWRIDGE AVENUE SUITE 100 SAN DIEGO CA 92123 coyER;cel?s COMPANY LETTER B NO COVERAGE ON THIS DOCUMENT .^ COMPANY LETTER c NO COVERAGE-ON THIS DOCUMENT COMPANY LEVER D 'NO COVERAGE ON THIS DOCUMENT E NO COVERAGE ON THIS DOCUMENT .' _I COMPANY LElTER ” ___: ___‘I .., :A”; ._... ““ym _1 I; i.“:‘: :‘::,:.“%A;;, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPk OF INSURANCE POLICY NUMBER POLICY EFFECTWE POLICY EXPlRATlON DATE (MMIDDIYY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE ‘s*5 1 0.0.0 ,....OOL x COMMERCIAL GENERAL LIABILIN PRODUCTS-COMP/OP AGG. A i-1 f $*2, OQQ ro‘or: CLAIMSMADEX OCCUR. 541-026-428-4 12/31/97 12/31/98 PERSoNAL&ADV.'NJURY ;.%.l, 000,0.0I OWNER’S & CONTRACTOR’S PROT. EACH OCCURRENCE $*l,ooo,oo( * FIRE DAMAGE (Any one fire) !****.50, QQ( MED. EXPENSE (Any one fmon] 4 * * * or * * * * [ AUTOMOBILE LIABILITY COMBINED SINGLE x ANY AUTO LIMIT $*1, aoo, OQ( ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ AX HIRED AUTOS 506-003-019-3 NON-OWNED AUTOS 12/31/97 12/31/98 FpJZDJi,,,, '$ *********t X *********( GARAGE LIABILITY PROPERTY DAMAGE $ *********c EXCESS LIABILITY EACH OCCURRENCE %t***.****( UMBRELLA FORM NO COVERAGE AGGREGATE ., “,.__I. ._ _ ._ OTHER THAN UMBRELLA FORM WORKER’S COMPENSATION STATUTORY LIMITS ~““I.IIL.liI --.i_ .,X -,_. AND NO COVERAGE EACH ACCIDENT $******.**a{ EMPLOYERS LIABILITY DISEASE - POLICY LIMIT t********( DISEASE - EACH EMPLOYEE $+ c * ~ c * ~ ~ ~ OTHER BUILDING AND $29,940,590 LIMIT; A PERSONAL 506-003-019-3 12/31/97 12/31/98 $5,000 DEDUCTIBLE: PROPERTY sPECIAL FORM; REPLACE ONS /LOCATIONS /VEHICLES /SPECIAL ITEMS LVb 1 WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. *SUBJECT TO SIR PROVISIONS WITHIN THE POLICY. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF CARLSBAD & SDG&E MAIL ?t..k DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: CITY CLERK ND UPON TUlE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92003 FIELD-CERT #16 ~0~~~~ pi& ,’ _.” : ;._ __ I, ” “. :‘zf:. “““Z’ s”“--~.,:“~. .~~.‘~~.” \ ““(‘,,.. __ ::.,. I. ‘2-I “-“yyy‘:,.” :* I ,,““.“:“$+qy,,~;;~ THE CERTlFlCATE HOLDER lS NAMED AS ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: 541-026-428-4 INSURANCE COMPANY: CRUM 8, FORSTER - U.S. FIRE INSURANCE CO. POLICY PERIOD: 12l31/97 TO lU31/98 YMCA BRANCH: MAGJJALENA RE: AQWCIC PARK (LAGOON) CARLSBAD,CA ADDITIONAL INSURED: cFl!Y OF CARLSBAD & SW;&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. dhny documents\word\endore\ymcamstrL97l97yleas,doc 12/11/97 (3) ‘ROOUCER Barney & Barney, LLC P.O. Box 85638 San Diego, CA 92186-5638 (619) 457-3414 Lic#OCO3950 Mst#: 1045 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE f;!;;NYA GALLAGHER HEFFERNAN INS. - FIREMANS NO COVERAGE ON THIS DOCUMENT NSURED YMCA OF SAN DIEGO COUNTY _ll- COMPANY LETTER c NO COVERAGE ON THIS DOCUMENT 4715 VIEWRIDGE AVENUE SUITE 100 1 COMPANY LETTER D NO COVERAGE ON THIS DOCUMENT -- SAN DIEGO CA 92123 f;'fN' E NO COVERAGE ON THIS DOCUMENT ~*~~ y ,_I ‘. . . .’ ;:; _ : ,;. *_ 8 THIS IS TO CERilFY THAT’THE PbLlClES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 TYPE OF INSURANCE ERCIAL GENERAL LIABILITY CLAIMS MADE R’S 8 CONTRACTOR’S PROT. ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILIP/ . WORKER’S COMPENSATION AND EMPLOYERS’ LIABILITY ESCRIPTION OF OPERATIONS I LOCATIONS I’ POLICY NUMBER MXG80719682 MXG80719682 NO COVERAGE NO COVERAGE MXG80719682 POLICY EFFECTIVE DATE (MMIDDNY) 12/31/98 12/31/98 12/31 98 LIMITS PROPERTY DAMAGE EACH ACCIDENT '$35,628,962 LIMIT; 12/31/99 $5,000 DEDUCTIBLE; SPECIAL FORM; REPLACE r-mCT HICLES I SPECIAL ITEMS WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. 0~~~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF CARLSBAD & SDG&E ATTN : CITY CLERK 1200 CARLSBAD VILLAGE DRIVE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CARLSBAD CA 92003 YSON-CERT #014 NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: MXG80719682 INSURANCE COMPANY: FIREMAN’S FUND INSURANCE CO. POLICY PERIOD: 12/31/98 TO 12/31199 YMCA BRANCH: MAGDALENA RE: AQUATIC PARK (LAGOON) CARLSBAD, CA ADDITIONAL INSURED: CITY OF CARLSBAD & SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. c:hy documents\word\ymca endorsements\014.doc 12/08/98 (3) CERTIFICATE ‘RODUCER Barney & Barney & Barney, LLC-CA Barney, Inc-CA /-“: INSURANCE YMC31367 7 ISSUE DATE (MM/DD/YY) No 15770.. 12/09/99 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Lit oco 3 9 5 c DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE LicOC2431~POLlClESBELOW. P.O. Box 85638 San Diego, CA 92186-5638 (858) 457-3414 Mst#: 1045 COMPANIES AFFORDING COVERAGE iCOMPANY A GALLAGHER HEFFERNAN INS. - FIREMANS :""" __ ^ . . .._. F.uNR...INsuR-.Co., ._..__....._..____I........ -- -.-.- ._-.- ----------_ -. II__--^-I__I__I-~ -----_-A f;!pRNY B NO COVERAGE ON THIS DOCUMENT NSURED YMCA OF SAN DIEGO COUNTY i.-- . . . . . . . . .._._ - .._. --..--.-----..- -..-..- _-.. _._..._.__._._ - _...._......... ..-. j EOFN&W c NO COVERAGE ON THIS DOCUMENT L-- ..__-_.._ ---------- .-__. IxI-- .-___ __-_--.-~------- -.....-.-..-.---.-.---. -_-- 4715 VIEWRIDGE AVENUE SUITE 100 ;;;#;;N' D NO COVERAGE ON THIS DOCUMENT ;--.-.--- _._.___ ------------ .--.. -.- . ..__. - _-.- ___ -..-- -..-...-... . . . ..-.-..-.-.-..-.- - SAN DIEGO CA 92123 i f;OhW;NY E NO COVERAGE ON THIS DOCUMENT ZOUERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :o 1 TR) NPE OF INSURANCE POLICY NUMBER i POLICY EFFECTlVE I POLICY EXPIRATION I I DATE (MMIDDNYJ ! DATE(MMlDDfWl i LIMITS iGENERAL LIABILITY &-7 1 I iGENERAL AGGREGATE c p *5 00 O&Q4 ‘COMMERCIAL GENERAL LIABILITY u-F 1 I IPRODUCTS-C0~p10p AGG. /$ *2 000 R_-j_-.i CLAIMS MADE k-1 OCCUR. / L MXG8 0 7 19 6 8 2 / j OWNER’S 8. CONTRACTOR’S PROT. i j 12/31/g] 12,31,0@%'NAL~AD~~NJu~~~.w~~~000~% f---q 1 IEACH OCCURRENCE L-- ;d l_l-.-*--I1__I_I--_ i / r t [MED. EXPENSE (Any one person) I$ * * * * * 0 i AUTOMOBILE LIABILITY i-, w ANY AUTO j ALL OWNED AUTOS H ~~ SCHEDULED AUTOS dd HIRED AUTOS 1.x-i NON-OWNED AUTOS b_i GARAGE LIABILITY i 1 1 i COMBINED SINGLE : LIMIT c-- (5 *1,-J()o.-JQ ! / i BODILY INJURY /$ i (Per person) i 12/31/g{ 12/31/0&&NJ”RY j ********* ----c-- / MXG80719682 8 ; (Per accident) /$ -----: ********* i-- / PROPERTY DAMAGE j$ ! 1 ********* i EXCESS LIABILITY “-- /EACH OCCURRENCE ia *jr******* i ' I- -- - ;.-: UMBRELLA FORM j NO COVERAGE ~AGGREGATE is *******Jr* : i OTHER THAN UMBRELLA FORM j WORKER’S COMPENSATION L 1 STATUTORY LIMITS ! - AND j NO COVERAGE EMPLOYERS’ LIABILITY I /OTHER BUILDING AND + PERSONAL ! MXG80719682 j PROPERTY FH ACCIDENT ------T--- :$ ********* ! I IDISEASE - POLICY LIMIT .a *Jr******* ;DISEASE - EACH EMPLOYEE 1s ********* j $38,489,331 LIMIT; j 12/31/g! 12/31/Oq $5,000 DEDUCTIBLE; j SPECIAL FORM; REPLACE I rnmn. 1 C!OST IESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I SPECIAL ITEMS WITH RESPECT TO THE YMCA PROGRAM BEING CONDUCTED ON THEIR PREMISES. :ERTiFICATE HOLDER CITY OF CARLSBAD & SDG&E CANCELLATtON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92003 GATA CERT #013 . I c. NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: MXG80719682 INSURANCE COMPANY: FIREMAN’S FUND INSURANCE CO. POLICY PERIOD: 12/31/99 TO 12/31/00 YMCA BRANCH: MAGDALENA RE: AQUATIC PARK (LAGOON) CARLSBAD, CA ADDITIONAL INSURED: CITY OF CARLSBAD & SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. c:\my documents\ymca endorsements\01 3.doc 12/08/98 (3) - A PM B B P S ( M _- INS 4 S' S. cc __--. co LTR idI). CERTIFICATE -4: INSURANCE --t ISSUE DATE (MM/DDiYYj YMC31767 i- 7 Nn 1 r;7 7 0 iLl1 2 / 0 7 / 0 0 IDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND arney & Barney, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE LLC - CA Lit 0 C 0 3 95 0 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE arney & Barney, .O. Box 85638 Inc-CA LicOC24310: POL~C~ESBELoW~ COMPANIES AFFORDING COVERAGE an Diego, CA 92186-5638 858) 457-3414 GALLAGHER HEFFERNAN INS. - FIREMANS st#: 1045 / fOhl;;NY A I----- . ..^.._. -...-.-mJNLINs~*. .dJQ,. __-. -_.---------- ____ -.-.-^-l___--- ____ -^- / ----__-__ _ ._-. - ._-_1-_-_ __* I_-_ _- _,___I_- -_- -..-1-1.__..,.__1__1_11- -__^-- _-_-.-_ COMPANY 1 LElTER B NO COVERAGE ON THIS DOCUMENT muRED YMCA OF SAN D I EGO COUNTY I.-.-......--. ___.~_...--.--..-...--.~.._____-_~_~-.-~-..-......~_-._____-__~--.-.---.~.-~--~~-..--~.~-.~-~~~-- 1 COMPANY c 1 LElTER NO COVERAGE ON THIS DOCUMENT 1.. ..-. ..--.. ....I.__.. .^.._..._..._ .-.__-___... -.-.__-._.-.--- -.._ -- __._.^ -------- ___. -__---.--.---__ 715 VIEWRIDGE AVENUE i COMPANY D NO COVERAGE ON THIS DOCUMENT UITE 100 j LElTER AN DIEGO CA 92123 iCOMPANY E NO COVERAGE ON THIS DOCUMENT j LElTER IVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. “.--l-**~.--_--. POLICY EFFECTIV POLICY EXPIRATION GENERAL LIABILITY _-- ------ --““-_ BODILY INJURY -_l-l- .-..._ HIRED AUTOS .-.-.-~-, CHOCCURRENCE joTHERBUILDING AND /PERSONAL ; /PROPERTY iMXG80719682 ONDUCTED ON THEIR PREMISES. i $38,312,397 LIMIT; ~12/31/00~12/31/01~ $5,000 DEDUCTIBLE; j SPECIAL FORM; REPLACE F THE ABOVE DESC EXPIRATION DATE THEREOF, THE ITY OF CARLSBAD & SDG&E MAIL 3 0 DAYS WRITTEN NOTICE TTN: CITY CLERK 200 CARLSBAD VILLAGE DRIVE ARLSBAD CA 92003 THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENT. l ‘, NAMED INSURED: YMCA OF SAN DIEGO COUNTY POLICY NUMBER: MXG80719682 INSURANCE COMPANY: FIREMAN’S FUND INSURANCE CO. POLICY PERIOD: 12/31/00 TO 12/31/01 YMCA BRANCH: MAGDALENA RE: AQUATIC PARK (LAGOON) CARLSBAD, CA ADDITIONAL INSURED: CITY OF CARLSBAD & SDG&E THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to included as an insured any person or organization with whom the Named Insured has agreed in writing to provide liability insurance, but only with respect to acts or omissions in connection with the Named Insured’s operations. \\anneh\ymca endorse\Ol2,doc 12/08/98 (3)