2007/07/25 Council Agenda Packet

8 Upon written request by the City, the insurer or his/her agent will furnish, prior to or during any work being performed under this Agreement, a copy of any policy cited above, certified to be a true and complete copy of the original. Premier Golf Centers, LLC's Commercial General Liability Insurance policy shall name the City of Everett, its officers, employees and agents as Additional Insureds with respect to the operations performed under this Agreement. Prior to any work being performed under this Agreement, Premier Golf Centers, LLC shall provide the City with a Certificate of Insurance acceptable to the City Attorney. Receipt by the City of any certificate showing less coverage than required is not a waiver of Premier Golf Centers, LLC's obligation to fulfill the requirements. Premier Golf Centers, LLC certifies that it is aware of the provisions of Title 51 of the Revised Code of Washington, which requires every employer to be insured against liability of Workers' compensation, or to undertake self-insurance in accordance with the provisions of that Title. Premier Golf Centers, LLC shall comply with the provisions of Title 51 of the Revised Code of Washington before commencing the performance of the work under this Agreement. Premier Golf Centers, LLC shall provide the City with evidence of Workers' Compensation Insurance (or evidence of qualified self-insurance) before any work is commenced under this Agreement. In case of the breach of any provision of this Section, the City may, at its option, provide and maintain at the expense of Premier Golf Centers, LLC, such types of insurance in the name of the Premier Golf Centers, LLC as the City may deem proper, and may deduct the cost of providing and maintaining such insurance from any sums which may be found or become due to Premier Golf Centers, LLC under this Agreement, or may demand Premier Golf Centers, LLC to promptly reimburse the City for such cost. Notwithstanding any provision in this Agreement, the failure of Premier Golf Centers, LLC to comply with the above provisions of this Section shall subject this Agreement to immediate termination without notice to any party in order to protect the public interest. Premier Golf Centers, LLC shall immediately notify the City's Risk Manager of any occurrence related to Premier Golf Centers, LLC's operation of the Facility that may result in a claim asserted against Premier Golf Centers, LLC and/or the City. 6. INTEREST: Any interest due to either Premier Golf Centers, LLC or City pursuant to this Agreement shall accrue at a rate equal to the prime rate publicly announced by Bank of America on the date such interest began to accrue which shall be thirty (30) days after the date due. Except as otherwise specifically provided herein, interest on any payment due by either party to the other hereunder shall be payable from and after the thirtieth (30`h) day after the date upon which such payment was due if such payment is not timely made. 7. CAPITAL IMPROVEMENTS: Capital improvements shall be deemed to include any item purchased in connection with the operation of the Facility which, under generally accepted accounting principles consistently applied, would be a capital improvement. All costs for capital improvements shall be the responsibility of City, and all decisions as to whether or not to undertake any capital improvement projects or otherwise in respect of any capital improvements shall be made by the City. Premier Golf Centers, LLC may 4 7)