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HomeMy WebLinkAboutJORGE MARIN, LTD. 1aMAYOR Miguel A. Puller; MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides 11c... a Sarmiento Jose Solaro Sal Tmajem Joan Villegas A I(o) AUG 2 7 2019 June 19, 2018 CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 20 Civic Center Plaza M-23 . P 0 Box 1988 Santa Ana, Calilonnia 92702 namaamto: imlaor Jorge Morin, Ltd. Alvaro Obregon 257 Colonia Ronna, Delegacion Cuatuhicurric Mexico, D.F. 06700 Re: Extension of Art Exhibition Agreement No. N-2017-220 for the Wings of the City Exhibition Dear Mr, Marin: CITY MANAGER Raul Godinez 11 CITY ATTORNEY Sonia R, Carvalho CLERK OF THE COUNCIL Mafia 0, HuiZar Pursuant to Section I ("Tenn") of Agreement No, N-2017-220 entered into by Jorge Maria, Ltd. and the City of Santa Ana, dated October 27, 2017. the time period for aid Agreement is hereby extended through January 31, 2019. The insurance certificates are required to be extended and/or renewed to cover this extension. All other teens and conditions of'said Agreement remain unchanged and in full force and effect. Sincerely, Steve Mendoza Jorge Morin Executive Director Community Development Agency ATT CITY OF SANTA A Maria inzar Raul Godinez 11 Clerk of the Council hkiii'X City Manager X APPROVED AS TO FORM: SANTA ANA CITY COUNCIL. "u A V" wd,ak wm., ^ A[a f, 0. 0 LT lnwds5 Jon, V11", SM irtusm mom, Wry, P'. 1 , W.,d 2 w0d 1 walaa W.10 'i Wx,dS wwd 6 mwae9&w16.=$i a,m mwrinAakmtmxs� cu ar" 49 AMAWROMTA� AMENDED EXPIRATION DATE ENDORSEMENT Endorsement #: 3 Policy Type: Exhibition Policy Named Insured: City of Santa Ana Agent: Huntington T. Block Insurance Agency, Inc. Effective Date: November 6, 2018 Expiration Date: January 31, 2019 It is understood and agreed that the expiration date of this policy as stated on the Coverage Information Page is amended to read January 31, 2019. The additional premium for this change is $656.00.. All other terms and conditions remain unchanged. Company(s): Ironshore Indemnity Inc. (ENDAEDL) Policy Number(s): HTB -003337-000 Percentage Underwritten: 100% Authorized Representative: Huntington T.BBlock �.Insurance Agency, Inc. By t Fine Arts FINE ART EXHIBITION POLICY Insurance The insurance companies signatory hereto (hereinafter called the Company) each only for itself and not one for another by this joint policy of insurance do insure City of Santa Ana (hereinafter referred to as the Insured) For the percentage underwritten for each and every loss covered hereunder as set forth under their respective names. Senior Vice President: Lynn A. Marcin Huntington T. Block Insurance Agency, Inc. An Aon Company 1120 20th Street NW 6th Floor Washington, DC 20036 Telephone: (202) 223-0673 Fax: (202)331-8409 www.HtintingtonTBlock.com (CIPFA_EX) FINE ART EXHIBITION CIP COVERAGE INFORMATION PAGE The Coverage Information Page of this policy states the Coverage that you have selected. Only those sections that are completed with respect to limits of liability, rates, and premiums shall be deemed to be covered by this policy. Policy Type: Named Insured: Exhibition Policy City of Santa Ana Exhibition Name: "Wings of the City" Mailing Address: P.O. Box 1988 Santa Ana, CA 92701 Policy Term: From: November 6, 2017 To: November 6, 2018 12:01 A.M. Standard Time at the place of issuance. Policy Premium: $2,912.00 Premium $146.00 Terrorism premium $3,058.00 Total Premum PARTICIPATING INSURANCE COMPANIES In witness whereof the Companies hereunder have caused this policy to be signed by a duly qualified officer, attorney or agent, this 6th day of November, 2017. Percentage Company(s): Policy Number(s): Underwritten: Ironshore Indemnity Inc. HTB -003337-000 100% Authorized Representative: Huntington a/(��C4-r T. }}Block Insurance Agency, Inc. Issued Date: December 5, 2017 By: // (CIPFA_EX) FINE ART EXHIBITION CLP COVERAGE INFORMATION PAGE DESCRIPTION OF COVERAGES PROVIDED PROPERTY COVERAGE - EXHIBITION Limits of Liability: a. $1,041,000 while on exhibition or otherwise at: 20 Civic Center Plaza Santa Ana, CA, 92701, USA b. $1,041,000 while in transit on anyone conveyance C. $0 while in overseas transit on any one conveyance. d. $1,041,000 in any one loss or disaster, either in case of partial or total loss, or salvage charges, or expenses, or all combined. Deductible: $0 each claim for loss or damage separately occurring. TERRORISM COVERAGE Limit of Liability: a. $1,041,000 as per forms attached. EARTHQUAKE COVERAGE Limit of Liability: a. Not Covered ADDITIONAL INTERESTS SPECIAL CONDITIONS AND ATTACHMENTS CIP_CIT EXHPOL081.0 CL370-USCAN B END_MANU ILP0010104 CL_TR_EC(05-17) ENDERQKX_CA IL0102(05-05) IL0104(09-07) IL0270(09-08) (CIPFA_EX) FINE ART EXHIBITION CIP Fine Arts Itinerary Exhibition Policy Inst Radioactive Cont, Chem, Biological, Bio -Chem & Electro Weapons Excl Clause Manuscript Endorsement Form OFAC Advisory Notice Trade or Economic Sanctions Clause CA Earthquake Exclusion Endorsement California Changes - Actual Cash Valle California Changes California Changes - Cancellation And Nonrenewal COVERAGE INFORMATION PAIGE (CIPFA_EX) FINE ART EXHIBITION CIP FINE ARTS INSURANCE ITINERARY Borrower: Exhibition Name: "Wings of the City" The following is the exhibition itinerary covered by this certificate. Changes made after issuance will be endorsed herein. Exhibition Dates Name and Location of Institution Limits From To various locations within the City of Santa Ana Santa Ana, CA (CIP_CR) $1,041,000 10/27/17 10/27/18 Huntington T. Bloch Insurance Agency, Inc. FINE ARTS INSURANCE EXHIBITION POLICY 1. Property Insured: This Policy covers the Insured property on a "wall to wall' basis from the time said property is removed from its normal repository, incidental to shipment, until returned thereto or other point designated by the owner or their agent prior to return shipment, including while in transit to or from points of consolidation, deconsolidation, packing, or unpacking, while at such locations during such processes or awaiting shipment, while in transit, or while on exhibition or otherwise within the premises per schedule on file at offices of this Insurer. This coverage shall terminate: (a) upon arrival of the property at the final destination designated by the owner or their agent, or (b) upon expiration of this policy, whichever may first occur. The term of this policy may be extended, however, by endorsement hereon and payment of additional pro rata premium. 2. Policy Term: This policy shall attach at 12:01 A.M. Standard Time at the place of issuance shown on the Declarations Page. This policy covers losses payable hereunder for the term indicated. 3. Perils Insured: Risks of physical loss or damage from any external cause, except as hereinafter excluded. Loss, if any, payable to the Insured or order. 4. Limits of Liability: The Insurer shall not be liable under this section of this policy for more than the sums stated on the Declarations Page. 5. Deductible: Each claim for loss or damage separately occurring shall be adjusted separately, and from the amount of such adjusted claim the sum which is stated on the Declarations Page shall be deducted. 6. Premium: The premium for the policy year stated on the Declarations Page shall be due and payable as of the effective date. VALUATION 1. Basis of Valuation: It is understood and agreed that in the event of loss or damage hereunder, all property coming under the protection of this insurance shall be valued at and insured hereunder as follows: (a) As per schedule or schedules on file indicating individual value of each article insured, such amounts to be the agreed value of said articles for purposes of this insurance. (b) In the absence of such schedule, schedules or individual values this Company shall not be liable for more than the suns agreed upon with the owner of the property or admitted by the insured prior to loss, or otherwise this Company shall not be liable beyond the current market value of the property at the time of any loss or damage occurs and in no event for an amount in excess of that specified in the policy. Ascertainment or estimate shall be made by the Insured and this Company, or if they differ, then the amount of loss will be determined as provided for in the Arbitration Clause of this policy. HXHPOL0810 1 OP 5 2. Partial Loss: In cases of partial loss, or damage to any insured item, the amount payable shall be the cost and expense of repair and/or restoration plus any resulting depreciation in value, but not exceeding the fill insured value of that item. 3. Currency Fluctuation: Notwithstanding the limits of insurance stated herein, it is hereby agreed that in the event of loss or damage to the property insured hereunder, with an original valuation in currency other than US Dollars (and/or other currencies), claims will be paid in US Dollars (and/or other currencies), equivalent to the amount of loss in the original currency at the date of settlement. 4. Library of Congress Valuation Clause: With respect to loans from the Library of Congress, Washington, DC: The Library of Congress shall have the right to elect to receive reimbursement in the form of property of a similar nature to the item lost or damaged, such property to be acquired by the Library of Congress within one year from the date of loss as satisfactory replacement of the lost or damaged property for which loss is payable under this policy. In the event of such election, the Insurer shall bear the cost of such property acquired by the Library of Congress. POLICY EXCLUSIONS This policy does not insure against loss or damage caused by: Wear and tear, gradual deterioration, moths, vermin, inherent vice, or loss or damage sustained due to or resulting from any repairing, restoration, or retouching process. However, this exclusion shall not apply where the Insurers and/or their representatives have directed repairing, restoration, retouching, or other process following a loss. 2. War Risks, except with respect to Insured Property in overseas transit, including: (1) War, Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (a) by any government or sovereign power (de jute or de facto); or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade. War Risks in overseas transit as described above, is at all times subject to (48) forty-eight hours notice of cancellation, given by either party. Once the cancellation date is reached coverage under this policy shall terminate only with respect to shipments that conmience after the cancellation date. 3. Nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the perils insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radiation or radioactive contamination is insured against by this policy. BXHPOL0810 2 OF 5 ADDITIONAL COVERAGE 1. Debris Removal: This policy covers expenses incurred for the removal of all debris of the Property Insured hereunder, caused by any Insured Peril. The Insurer will not be liable for such cost amounting to more than 25% of the insured value of the property. In no event shall the total incurred by the Insurer for debris removal and claim settlement exceed the Limit of Insurance on the Policy. Payment under this Coverage Extension will not increase the applicable Limit of Insurance, but if: (a) The scan of direct physical loss or damage and debris removal expense exceeds the Limit of Insurance; or (b) The debris removal expense exceeds the amount payable under the 25% limitation; We will pay up to an additional $25,000 in any one occurrence under this Coverage Extension. 2. Owners/Lenders as Loss Payees/Additional Insureds: Owners and lenders of Property Insured under this policy shall be Loss Payees and/or Additional Insureds, as their respective interests may appear. 3. Expediting Expenses: We will pay your actual and reasonable costs resulting from a covered loss of or damage to Covered Property to expedite or repair including, but not limited to, overtime, night work, work on public holidays, rapid transportation of people and/or materials, and extra costs of temporary repair. This Coverage Extension will apply from the date of the covered loss or damage and for such time reasonably necessary to repair, or otherwise mitigate loss for covered properties. The most we will pay under this Coverage Extension in any one occurrence involving one or more items of Covered Property is $25,000. CONDITIONS 1. Arbitration: If the Insured and the Insurer fail to agree as to the amount of loss, each shall, on the written demand of either made within sixty (60) days after receipt of proof of loss by the Insurer, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen (15) days to agree upon such umpire, then on the request of the Insured or the Insurer, such umpire shall be selected by a judge of a court of record in the state in which such appraisal is pending. The appraisers shall then appraise the loss, stating separately the current market value at the time of loss and the amount of loss, and failing to agree shall submit their difference to the umpire. An award in writing of any two shall determine the amount of loss. The Insured and the Insurer shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The Insurer shall not be held to have waived any of its rights by any act relating to appraisal. 2. Assignment of Policy: This policy shall be void if assigned or transferred without the written consent of the Insurer. 3. Automatic Reinstatement: In the event of a loss under this policy the amount of such loss is automatically reinstated immediately without additional premium and the insurance shall remain in force for the full policy limits set forth on the Declarations Page. 4. Cancellation: This policy may be canceled by either the Insured or the Insurer on giving sixty (60) days notice in writing to the other, but ten (10) days notice in the event of non-payment of the premium. Such notice shall not apply to Property in due course of Transit. Upon such cancellation the Insured shall furnish to the Insurer a complete statement of the Insured Property and pay the pro -rata premium to date of cancellation as provided. EXHPOL0810 3 OF 5 If the period of limitation relating to the giving of notice of cancellation is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the maximum period of notice of cancellation permitted by such law. 5. Changes: The terms of this policy can only be changed by an endorsement issued with approval of the Insurer and forming part of this policy. 6. Civil Authority: Notwithstanding anything contained in this policy, it is understood and agreed that this policy also covers against the risk of damage or destruction by civil authority during a conflagration and for the purpose of retarding the same; provided that neither such conflagration nor such damage or destruction is caused or contributed to by war, invasion, revolution, rebellion, insurrection or other hostilities or warlike operations. 7. Collection from Others: No loss shall be paid hereunder if the Insured has collected the same from others. However, when the Insured purchases coverage from a transporting carrier to cove the Insured's deductible, this will be considered special insurance and therefore not be subject to this clause. 8. Each Insurer: The interest of each Insurer hereunder is individual and not joint, and whenever the right or privilege is retained by the Insurers, such right or privilege may be exercised by each Insurer independently. 9. Examination Under Oath: The Insured shall submit, and so far as is within his or their power, shall cause all other persons interested in the property and members of the household and employees to submit to examinations under oath by any persons named by the Insurer, relative to any and all matters in connection with a claim and subscribe the same; and produce for examination all books of account, bills, invoices, and other vouchers or certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Insurer or its representatives, and shall permit extracts and copies thereof to be made. 10. Excess Insurance: Permission is granted to the Insured to purchase excess insurance without prejudice to this Policy, nor shall the existence of such insurance, if any, reduce or affect the Insurers' liability under this Policy. 11. Liberalization Clause: If a revision of this policy form which would broaden coverage without an additional premium is adopted during this policy period, or within 6 (six) months before Fine Art coverage is effective, the broadened coverage will apply. 12. Loss Buy Back: The Insured shall have the right to repurchase from the Insurer property of the Insured that is recovered for the amount paid to the Insured for the loss, plus an amount which represents loss adjustment and recovery expenses. Damaged property of the Insured, for which a total loss has been paid, may be re -purchased by the Insured at its fair market value at the time of loss. The Insurer agrees to notify the Insured by mail at the last known address of the right to repurchase damaged or recovered property and the Insured shall have sixty (60) days from date of such notice to exercise the repurchase right. 13. Misrepresentation and Fraud: This Policy shall be void if the Insured has intentionally concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance, or the subject thereof, whether before or after a loss. 14. No Benefit to Bailee: This insurance shall in no way inure directly or indirectly to the benefit of any carrier or other bailee. 15. Notice of Loss: In the event of loss or damage which may give rise to a claim under this insurance, notice is to be given to the Insurer as soon as is reasonably possible, and to the police if a crime is suspected. The Insured shall also file with the Insurer or its agent within ninety (90) days from the date of loss, a detailed EX11POL0810 4OF5 sworn proof of loss. Moreover, the Insured must give the insurer such relevant information and evidence as may reasonably be required, and cooperate fully in tae investigation and adjustment of any claim. 16. Other Insurance: If there is any other valid and collectible insurance covering the Property Insured hereunder, whether prior, subsequent to, or simultaneous with this Insurance, which in the absence of this insurance would cover the loss or damage hereby covered, then the Insurer shall not be liable hereunder for more than the excess over and above such other insurance. This clause, however, shall not apply to property of others in the Insured's care, custody or control and the existence of such insurance or payment of a loss thereunder shall not constitute a defense to any claim otherwise payable under this policy, nor shall such insurance be called on to contribute to any loss payable hereunder. The provisions of this clause do not apply to insurance expressed to be underlying or to excess amounts insured hereunder. 17. Packing and Securing of Property in Transit or Storage: It is a condition of this insurance that the Insured will take all reasonable steps to ensure that Property Insured Linder this Policy will be packed by competent packers and in such a manner as to withstand the normal hazards associated with transit or storage. 18. Pairs and Sets: In the event of the total loss of any articles which are part of a pair or set, the Insurer agrees to pay the Insured, at the option of the Insured, the full amount of the value of such pair or set as determined by the Valuation Clause contained herein, subject otherwise to the applicable Deductible Clause set forth herein, and the Insured agrees, if such option is elected, to surrender the remaining article or articles of the pair or set to the Insurer. 19. Prevailing Terms and Conditions: All matters not provided for herein or by endorsement hereon shall be covered by the terms and conditions of the Insurer's printed policy form to which this form is attached and which has been issued in conjunction herewith. The forgoing clauses contained in this form are to supersede and take the place of all other clauses in the printed form of the policy wherein they may conflict. 20. Required by Law: Any provisions required by law to be stated in policies issued by subscribers hereto shall be deemed to have been stated herein. In the event of litigation, subscribers hereto, upon request, agree to issue separate policies covering their individual subscription. 21. Settlement of Claims: All adjusted claims, the settlement amount and terms of which have been agreed by the Insurer and the Insured, shall be paid or made good to the Insured within thirty (30) days after satisfactory proof of interest and loss has been received and accepted at the office of the Insurer. 22. Subrogation: In the event of any payment under this policy the Insurer shall be subrogated to all the Insured's rights of recovery therefore against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. This clause shall not apply to professional packers and shippers, auction houses, other individuals or institutions or other bailees with whom the Insured has waived their right of recovery, in writing, prior to a loss. 23. Suit Against Insurer: No suit, action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim. Provided, however, that if by the laws of the state within which this policy is issued such a limitation is invalid, then any such claims shall be void unless such action suit or proceeding be commenced within the shortest lin-Lit of time permitted by the laws of such state to be fixed herein. 24. Value Declared: It is understood and agreed that any Property Insured hereunder while in transit may be dispatched under a declaration as being "without artistic value", the values declared in such cases being only nominal values. EXHP01,0810 50P5 10/11/2003 INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO- CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith 1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel 1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof 1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter 1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub -clause does not extend to radioactive isotopes, other than nuclear fuel, when such ,isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes 1.5 any chemical, biological, bio -chemical, or electromagnetic weapon. CL 370 U.S.A. & CANADA ENDORSEMENT FOR THE INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO -CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE 10/11/03 This policy is subject to the institute Radioactive Contamination, Chemical, Biological, Bio - Chemical And Electromagnetic Weapons Exclusion Clause 10/11/03 (RACCBE). The inclusion of RACCBE in this policy is material to underwriters' willingness to provide coverage at the quoted terms, conditions and rates. It is the intent of the parties to give maximum effect to RACCBE as permitted by law. In the event that any portion of RACCBE may be found to be unenforceable in whole or in part under the law of any state, territory, district, commonwealth, or possession of the U.S.A., or any province or territory of Canada, the remainder shall remain in fall force and effect under the laws of that state, territory, district, commonwealth or possession, province or territory. Further, any such finding shall not alter the enforceability of RACCBE under the laws of any other state, territory, district, commonwealth or possession of the U.S.A., or any province or territory of Canada, to the fullest extent permitted by applicable law. CI370-USCAN B 29/01/04 Endorsement #: Policy Type: Named Insured: Agent: Effective Date: Expiration Date: RR Deductible Coverage Information Change Endorsement 1 Exhibition Policy City of Santa Ana Huntington T. Block Insurance Agency, Inc. November 6, 2017 November 6, 2018 It is understood and agreed that that the Deductible as shown on the Coverage Information Page is $0 each claim for loss or damage, separately occurring, except that the Deductible shall be $5,000 if such loss or damage results from theft, vandalism or malicious mischief. Company(s): Ironshore Indemnity Inc. (ENn_MANU) Percentage Policy Number(s): Underwritten: HTB -003337-000 100% Authorized Representative: Huntington T. Block Insurance Agency, Inc. By: f ILP0010104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS ENDORSEMENT No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www,treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 TRADE OR ECONOMIC SANCTIONS CLAUSE Named Type: Exhibition Policy Named Insured: City of Santa Ana This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged. Company(s): Ironshore Indemnity Inc. CL_TR_EC(05-17) Policy Numbers(s): Percentage Underwritten: HTB -003337-000 100% Signature for Company(s) Huntington T. Block Insurance Agency, Inc Page 1 of 1 EARTHQUAKE EXCLUSION ENDORSEMENT Endorsement #: 2 Effective Date: November 6, 2017 Policy Form: Exhibition Policy Named Insured: City of Santa Ana Expiration Date: November 6, 2018 It is understood and agreed that the "This Policy Does Not Insure" Section of this policy is amended to include the following exclusion with respect to locations in the STATE OF CALIFORNIA. Loss or damage caused by volcanic eruption or earth movements including, but not limited to, earthquake, landslide, mud flow, earth sinking, rising, or shifting. All other provisions of this policy apply. Company(s): Ironshore Indemnity Inc. (ENDERQKX_CA) Percentage Policy Number(s): Underwritten: HTB -003337-000 100% Authorized Representative: Huntington T. Block Insurance Agency, Inc. By: POLICY NUMBER: HTB -003337-000 INTERLINE IL 01 02 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY With respect to an 'open policy", the following are added to any provision which uses the term actual cash value: A. In the event of a total loss to a building or structure, actual cash value is calculated as the lesser of the following: 1. The Limit of Insurance applicable to that building or structure; or 2. The fair market value of the building or structure. B. In the event of a partial loss to a building or structure, actual cash value is calculated as the lesser of the following: 1. The amount it would cost to repair, rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation is based upon the condition of the property at the time of the loss; or 2. The Limit of Insurance applicable to the property. C. In the event of a partial or total loss to Covered Property other than a building or structure, actual cash value is calculated as the lesser of the following: 1. The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation, based on the condition of the property at the time of loss; or 2. The Limit of Insurance applicable to the property D. An 'open policy" is a policy under which the value of Covered Property is not fixed at policy inception, but is determined at the time of loss in accordance with policy provisions on valuation. The term 'open policy" does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. IL 0102 05 05 © ISO Properties, Inc., 2005 Page 1 of 1 POLICY NUMBER: HTB -003337-000 IL 01 04 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART — FARM PROPERTY — OTHER FARM PROVISIONS FORM — ADDITIONAL COVERAGES, CONDITIONS, DEFINITIONS FARM COVERAGE PART — LIVESTOCK COVERAGE FORM FARM COVERAGE PART—MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM STANDARD PROPERTY POLICY A. When this endorsement is attached to the Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy. B. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by fire: We do not provide coverage to the insured ("insured") who, whether before or after a loss ("loss"), has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. That insured's ("insured's") interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. C. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured ("insured"), whether before or after a loss ("loss"), has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. An insured's ("insured's") interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. D. Except as provided in E., the Appraisal Condition is replaced by the following: If we and you disagree on the value of the property or the amount of loss ("loss"), either may make written request for an appraisal of the loss ("loss"). If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss ("loss"). If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. E. The Appraisal Condition in: 1. Business Income (And Extra Expense) Coverage Form CP 00 30; and 2. Business Income (Without Extra Expense) Coverage Form CP 00 32; IL 01 04 09 07 © ISO Properties, Inc., 2006 Page 1 of 2 is replaced by the following: If we and you disagree on the amount of Net Income and operating expense or the amount of loss, either may make written request for an appraisal of the loss. If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. Page 2 of 2 0 ISO Properties, Inc., 2006 IL 01 04 09 07 ❑ POLICY NUMBER: HTB -003337-000 INTLERLINE IL 02 70 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before cancellation if we reason, the effective date of cancel for any other 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 1 of 4 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (3) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 2 of 4 C. The following is added and supersedes any provisions to the contrary: NONRENEWAL Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Capital Assets Program (Output Policy) Coverage Part Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below: b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins, Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This Restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (3) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insurance group. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 3 of 4 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.I. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 4 of 4