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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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5/29/2025 1:42:46 PM
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BOCC
Date
6/3/2025
Meeting Type
Business
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Agenda
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8-p
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21 <br /> County as additional insureds.-All renters shall provide evidence that renter's <br /> liability coverage includes coverage for injuries to athletic participants, <br /> evidence of participant liability waivers that release the Manager and Owner <br /> and, if applicable, accident insurance. Manager shall require all renters to <br /> waive any right to subrogation which any insurer of a renter may acquire by <br /> any means and to require any necessary endorsement to effect this waiver of <br /> subrogation. <br /> (b) Manager shall acquire and maintain sexual abuse or molestation liability <br /> coverage either through separate policy or through endorsement of its general <br /> liability policy. Regardless of method such coverage shall have a limit of not <br /> less than $1,000,000 per occurrence. <br /> (c) Manager shall acquire and maintain automobile liability coverage with <br /> limits of not less than $1,000,000 per occurrence for bodily injury and property <br /> damage. <br /> 11.7 Self-insured Retentions (SIR). Owner must approve any SIR by Manager. <br /> The Owner may require Manager to purchase coverage with a lower retention or provide <br /> proof of ability to pay losses and related investigations, claim administration, and defense <br /> expenses within the retention. The policy language shall provide, or be endorsed to <br /> provide, that the SIR shall be satisfied by Manager, but may, at the Owner's sole discretion, <br /> be satisfied by the Owner. The commercial general liability and any policies, including <br /> excess liability policies, may not be subject to SIR that exceed $2,500 unless approved in <br /> writing by the Owner. Any deductibles and SIR shall be the sole responsibility of Manager <br /> and shall not apply to the Owner except as stated in this subsection. Owner reserves the <br /> right to obtain a copy of any policies and endorsements for verification. <br /> ARTICLE 12 COVENANTS AND REPRESENTATIONS; INDEMNIFICATION <br /> 12.1 Owner's Covenants and Representations. Owner makes the following <br /> covenants and representations to Manager, which covenants, and representations shall, <br /> unless otherwise stated herein, survive the execution and delivery of this Agreement: <br /> (a) Owner's Status. Owner is a county government duly organized, validly <br /> existing, and in good standing under the laws of the State of North Carolina with full <br /> power and authority to enter into this Agreement and execute all documents required <br /> hereunder. <br /> (b) Authorization. The making, execution, delivery, and performance <br /> of this Agreement by Owner has been duly authorized and approved by requisite action <br /> and this Agreement has been duly executed and delivered by Owner and constitutes a <br /> valid and binding obligation of Owner, enforceable in accordance with its terms and <br /> applicable laws, except as enforceability may be limited by laws affecting creditors' rights <br /> and principles of equity. <br /> (c) Documentation. If reasonably necessary to carry out the intent <br />
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