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1993-0517_SMITH, JOAN IRVINE_Hold Harmless Agreementr 0 HOLD HARMLESS AGREEMENT 40 THIS HOLD HARMLESS AGREEMENT is made this 17th day of May, 1993, by and between THE CITY OF SAN JUAN CAPISTRANO (hereinafter called City) and JOAN IRVINE SMITH, owner of "The Oaks Stable," located in the City of San Juan Capistrano (hereinafter called Smith). W I T N E S S E T H: WHEREAS, Smith holds two annual horse shows at The Oaks Stable designated as "The Oaks Classic" held in June of each year, and "The Oaks Fall Classic" held in September of each year; and WHEREAS, the aforesaid horse shows are two weeks in duration and require the installation of 14 temporary overflow barns. Smith has petitioned the City to use the City -owned berm behind the stable property for such temporary overflow barns; and WHEREAS, after review by City staff it appears that the area is suitable for the requested use and would not impose on other activity in the area, NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: SECTION 1. AGREEMENT TO USE. City agrees to allow Smith to use the City -owned property for the installation of temporary overflow barns twice each year in connection with sponsorship of The Oaks Classic and The Oaks Fall Classic horse shows. It is understood that the duration of each horse show is approximately two weeks, and shall occur between dates approved in advance by City. SECTION 2. RESTORATION OF PROPERTY. Smith agrees, after each use, to restore the City -owned property described herein to the same condition it was in prior to her installation of the temporary overflow barns. SECTION 3. INSURANCE. Smith agrees to provide City with proof of liability and property damage insurance in the sum of ONE MILLION DOLLARS ($1,000,000) and, if requested by City, shall arrange to have City named as an additional insured on the insurance policy. SECTION 4. HOLD HARMLESS. Smith agrees to hold City, its elected and appointed officials, employees and agents harmless from any claims or liability whatsoever arising out of her installation of temporary overflow barns and use of the City -owned property described herein while sponsoring The Oaks Classic and The Oaks Fall Classic. SECTION 5. TERMINATION OF AGREEMENT. City may, without cause, terminate this Agreement at any time. Notice of termination of this Agreement shall be given in writing to Smith and shall be considered complete when same is deposited in the U.S. Mail, First Class postage prepaid. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF S4ASFORM: CAPISTRANO JOAN IRVINE SMITH dba The Oaks Stables By By A l APPROVED Attorney - 2 - A01411s1o. CERTIFICAITOF INSURANCE ISSUE DATE (MM/OD/YY) 05/18/93 PRODUCER 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 AL SCHLOM INSURANCE AGENCY L_PQLlClES-ftLOW- P O BOX 1099 COMPANIES AFFORDING COVERAGE SUNLAND CA 91041-1099 LETTERYA GOLDEN EAGLE INSURANCE COMPANY COMPANY B INSURED LETTER ATHALIE I. SMITH AKA ATHALIE IRVINE SMITH LETTERNY C DBA: THE OAKS CLASSICCO `" z 28650 ORTEGA HWY LETTERNY D _ T c� m SAN JUAN CAPISTRANO CA 92675 COMPANY LETTER E .�� w ;Tl COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 2�1ILICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECM WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AALLCL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE LTR GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. — AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY POLICY NUMBER FRP 219431 POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYY) DATE (MMMONY) 06/02/93 GENERAL AGGREGATE $ 1,000,000 06/07/93 PRODUCTS-COMPIOPAGG. $ EXCLUDED PERSONAL & ADV. INJURY $ EXCLUDED EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any ane tire) $ EXCLUDED MED. EXPENSE IAny one person) $ EXCLUDED COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per eccIder l) PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 UMBRELLA FORM AGGREGATE $ 4,000,000 A X OTHER THAN UMBRELLA FORM EXC 219432 v _06/02/93 06/07/93 _ WORKER'S COMPENSATION STATUTORY LIMITS AND EMPLOYERS' LIABILITY OTHER EACH ACCIDENT $ DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMSCERTIF I CATE HOLDER IS ADDED AS ADDITIONAL INSURED AS RESPECTS TO BERM BEING USED BY THE NAMED INSURED DURING THE OAKS CLASSIC BEING HELD 6/2/93 THROUGH 6/7/93. CERTIFICATE HOLDER ADDITIONAL INSURD CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTE MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO CA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIT OF AN PON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU o..P _ AI. E- - .._ -.._. ATTN: NANCY BARNEY C AC RD 25•S (7/90) _.^._ _. _ - -_ ..___ _. _. _ CACORD_CORPORATION 1990. T� OAKS' CLASSIC • CL POLICY NUMBER: FRP 219431 & EXC 219432 i11 THIS ENDORSEMENT CHANGES THE POLICY., PLEASE READ IT CAREFULLY. CG 20 2411 B5 ADDITIONAL INSUREDS --OWNERS OR OTHER INTERESTS . FROM WHOM LAND HAS BEEN LEASED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation of Premises (Part Leased to You): CITY BERM AT BACK OF THE OAKS PROPERTY Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTE SAN JUAN CAPISTRANO CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations zl applicable to this endorsement.) WHO IS AN INSURED -(Section II) is amended to include as an insured the person or organization shown in the ., Schedule but only with respect to liability arising out of ; the ownership, maintenance or use of that part of the land leased to you and shown in the Schedule and sub- .` ject to the following additional exclusions: - F_ This insurance does not apply to: t. Any "occurrence" which takes place after you teat to lease that land; 2. Structural alterations, new construction or demo tion operations performed by or on behalf of C person or organization shown in the Schedule. MITHFNTIC �..�..•+'. Copyright, Insurance Services Office. Inc., 1984 Ll May 27, 1993 JVASO • inumuun r�umr 1961 ITT6 Ms. Joan Irvine Smith The Oaks Stables 28650 Ortega Highway San Juan Capistrano, California 92657 Re: Use of City Berm for Events Dear Ms. Smith: MEMBERS OF THE CITY COUNCIL COLLENS CAMPS" GARY L. HAUSOMPM OIL JONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGE SCARBORIXIGH Enclosed for your records is a fully -executed copy of the Hold Harmless Agreement for use of City property during two annual horse show events held each year at The Oaks Stable. The City has received all required insurance. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Cheryl Johnson City Clerk Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171