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HomeMy WebLinkAboutAPOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. (3)Wi 60iiAN'' ON FILE r`QFrK MAY ON (h I Il. i 11 flANC:E EXPIFIFS Cl 0 tart TE* 'T'i'i 2019 LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. THIS LEASE AGREEMENT ("Agreement") is made and effective this 1 st` day of April, 2019, by and between City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and law of the State of California, herein referred to as "Lessor", and the Apostolic Assembly of the Faith in Christ Jesus, Inc., a California non-profit public benefit corporation, herein referred to as "Lessee". The parties hereto agree as follows: ARTICLE I - TERM OF LEASE Section 1.01 Property and Use (a) Lessor owns the real property described in Exhibit A attached hereto and made a part hereof (the "Property"), located at 308 N. Main Street, Santa Ana, California. (b) Lessor hereby rents to Lessee sole use of the area designated as the parking lot on said Property to park motor vehicles on site per the striping plan referenced in Exhibit B attached hereto and incorporated herein. (c) Lessee is accepting the Property in an "as -is" condition. (d) Lessee may not sublet or assign the Property to any other person, entity, company or organization. (e) Any signage Lessee intends to place upon the Property is subject to prior approval of the Lessor, and must be compliant with City of Santa Ana local regulations. (f) Upon the expiration or termination of this Agreement, Lessee shall surrender the Property to Lessor in good and clean condition, less ordinary wear and tear. Section 1.02 Term (a) The term of the Agreement for renting the Property ("Term") shall be for one (1) year commencing on April 1, 2019 and continuing until March 31, 2020, at rental amounts set forth below. (b) Any holding over after the expiration of the Term, with the consent of Landlord, shall be construed to be an extension from month to month and shall otherwise be consistent with the conditions herein specified, so far as applicable. If consented to by the Landlord, the month-to-month extension shall only be allowed for up to a six (b) month period from the expiration of the Agreement. City will grant to Tenant a 30 -day grace period after the expiration of the Agreement for Tenant to remove any remaining individuals or affiliates parking on the Property. If the holdover term continues past the 30 -day period, Tenant will be responsible for payments to the City for the grace period. (c) Notice of intent to vacate or termination of the Lessor -Lessee relationship is only valid with thirty (30) days prior written notice to the other party for no cause. (d) Notice of intent to terminate due to violation of Lease terms and conditions shall be consistent with California State law. Section 1.03 Rent (a) Upon execution of this Agreement, Lessee shall pay to Lessor the monthly rate of $1,280 during the term of the Agreement. Rent payments will be due upon execution of this Agreement and thereafter on or before the 5`^ of each month, payable to "City of Santa Ana," and remitted to: The City of Santa Ana M-17, 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702. A late charge often percent (10%) shall be applied after any payment hereunder is due but unpaid. (b) Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Section 1.04 Non -Recording Neither party shall record this Agreement. ARTICLE 2 - TAXES AND MAINTENANCE Section 2.01 Taxes Lessee shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any governmental entity on Lessee's Property. If such taxes are not assessed separately to Lessee, Lessor shall provide Lessee with evidence, reasonably acceptable to Lessee, of such tax assessment and the amount due, which is attributable to Lessee. Section 2.02 Maintenance Lessee shall pay for all services furnished to the Property for the use, operation and maintenance of Lessee's Property during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Property during the Term of this Agreement, or any extension thereof. Lessee shall provide lighting for the Property and for persons using the Property. ARTICLE 3 - IMPROVEMENTS AND ACCESS Section 3.01 The Property/Miscellaneous (a) Lessee shall repair any damage to the Property and will leave the Property in satisfactory condition as approved in writing by Lessor. Lessee shall be required to remove all its fixtures upon expiration/termination of the Agreement, and if Lessee fails to do so within thirty (30) days, Lessor may elect to do so at Lessee's sole cost and expense, or elect to not remove such fixtures, in which case, such fixtures shall become the property of Lessor, at Lessor's option. Any personal properly, equipment or other improvements that are not removed within said thirty -day period shall become the property of Lessor, at Lessor's option. Lessee's obligation to pay compensation to Lessor shall not cease, unless and until the fixtures that Lessee must remove, are removed to Lessor's approval. (b) Lessee shall provide access to the Property to the Lessor, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. Except in the case of emergencies, Lessor shall give Lessee twenty-four (24) hours' notice prior to entry into the Property. (c) Lessee shall, at its sole cost and expense, maintain and repair the Property including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Lessee causes any damage to the Property, to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by Lessor. (d) Upon the expiration or termination of this Agreement, Lessor shall approve in writing the surrender of the Properly by Lessee only after being satisfied that the Property has been left in good and clean condition, less ordinary wear and tear. (e) Quiet Enjoyment. Lessee shall have quiet possession of the Property for the entire term hereof subject to all the provisions of this Agreement. Section 3.02 Liens Lessee will not permit any mechanics' or materialmen's or other liens to stand against the Property by reason of any use or occupancy by Lessee, or any person claiming under Lessee. ARTICLE 4 - INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Lessee shall protect, defend, indemnify and save and hold harmless Lessor, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Lessee's performance of this Agreement or Lessee's failure to comply with any of Lessee's obligations contained in the Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. In the event Lessor is named as codefendant, Lessee shall notify Lessor of such fact and shall represent Lessor in such legal action unless Lessor undertakes to represent itself as codefendant in such legal action, in which event Lessor shall bear its own litigation costs, expenses and attorney's fees. Lessee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Lessor, including fees and costs for special counsel to be selected by Lessor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Lessor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 1. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status — Exhibit C The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Section 4.03 Property Insurance Lessee shall provide to Lessor, before entering the Property, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the Property in an amount equal to the full replacement cost and/or value thereof; this policy shall contain a replacement cost endorsement naming Lessee as the insured and shall not contain a co-insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to Lessor. The proceeds of any such insurance payable to Lessor shall be used for rebuilding or repair as necessary to restore the Property at the discretion of Lessor. The policy shall name Lessor as an Additional Insured. The policy or policies shall also contain the following endorsements: The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Lessor; and Lessor will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Lessor prior to the execution of this Agreement. At least thirty (30) days' prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Lessor. Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Lessee shall furnish to Lessor certificates of insurance and additional insured endorsements to each of Lessee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; shall state that the policy is currently in force; and shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Lessor. Lessee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Lessor by Lessee under the Agreement. Lessor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Lessee shall provide within fifteen (15) days of Lessor's request. ARTICLE 5-TERMINATION/DEFAULT Section 5.01 Termination (a) In the event of any damage, destruction or condemnation of the Property, which renders the Property unusable or inoperable in Lessor's judgment, Lessee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Property by giving written notice to Lessor within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Lessor determines that the Property is no longer adequate for Lessee to continue its operations, or any repairs to the Property have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations in the Property, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Lessor. (c) This Agreement may be terminated on fifteen (15) days prior written notice by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within thilty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. ARTICLE 6 -ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Lessee shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Property or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use said Property, or any portion thereof, without the prior written consent of the Lessor. Section 6.02 Abandonment by Lessee Should Lessee breach this Agreement and abandon the Property prior to the expiration of the Term, Lessor may recover at least one month's rental compensation for Lessee's failure to give notice of such tel mination/vacation of the Property. Section 6.03 Default by Lessee Should Lessee default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Lessor may, in addition to the remedies specified in Section 6.02 of this Agreement, re-enter and regain possession of the Property in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Lessor to re-enter and regain possession of the Propel ty, Section 6.05 Cumulative Remedies The remedies given to Lessor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach The waiver by Lessor of any breach by Lessee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Agreement. ARTICLE 7 -HAZARDOUS MATERIALS Section 7.01 At the time of execution of this Agreement, Lessor warrants that the Property is clean and contains no known hazardous materials. Lessee represents and warrants that it will comply with all environmental laws during the term of this Agreement; its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. Lessee further agrees to clean-up and remediate any hazardous substance on the Property and hold Lessor harmless from and indemnify Lessor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Lessor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 - MISCELLANEOUS Section 8.01 Force Majeure - Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Lessee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Lessor or Lessee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: To Lessor: City of Santa Ana Finance and Management Services Agency Attn: Executive Director 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6549 To Lessee: Apostolic Assembly of the Faith in Christ Jesus, Inc. 12942 Old Foothill Blvd. Santa Ana, CA 92705 Attn: Leobardo A. Maffey, Pastor A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, orother communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Contract Administrator The Executive Director of the Finance and Management Services Agency, or his/her designee, shall be City's Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section 8.04 Compliance with Laws Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Lessee's use and occupancy of the Property whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Lessor and Lessee and shall be considered grounds for termination of this Agreement by Lessor. Lessee will obtain all permits and other governmental approvals, required in connection with Lessee's activities hereunder, and update such permits/approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Lessee shall not commit or permit the commission by others of any waste on the Property. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Property; and Lessee shall not use or permit the use of the Property for any unlawful purpose. Section 8.08 Repairs Lessee shall be required to make any repairs to the Property occurring from damages caused by Lessee, its employees, agents, contractors, and subcontractors. Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement Section 8.10 Governing Law This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of; in connection with or by reason of this Agreement. Section 8.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 Reserved Section 8.13 Conflict of Interest Lessee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this Agreement. Section 8.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Lessor and Lessee respecting the Property and correctly sets forth the obligations of Lessor and Lessee to each other as of such date. Any agreements or representations respecting the Property or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Lessor and Lessee, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.17 Non -Discrimination Lessee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Lessee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. [signature page to follow] Signature Page — Parking Lease with Apostolic Assembly (2019-20) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _L� :���1-- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: A HRYN DCfWNS, CPA Executive Director, Finance and Management Services Agency CITY OF SANTA ANA STEVEN MENDOZA Acting City Manager APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. By. Title: j9�- FOURTH STREET MINE, THIRD STREET .17 308 North Main Street Exhlblt A Exhibit B 308 N Main Street — Parking Lot me ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # _ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective _ __ , this endorsement form as a part of Policy # Issued to ®® Named Insured Date: Countersigned by_ _ Authorized Representative of Insurer Or Insurance Agent APOSASS-76 CARC ,a►cc�►�2v CERTIFICATE OF LIABILITY INSURANCE DAT CERTIFICATE __ 311312019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). _ PRODUCER C��CT Amy M MCBFIC@ Services (ACG) 124 307.1245 INSURED INSURERS: Apostolic Assembly of the Faith In Christ Jesus ribs iglesia INSURER Apostolica Sion 12942 Old Foothill Blvd INSURER D Santa Ana, CA 92705 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTUVITH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITH RESPECTTOWHICH 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. INSR LTR ADDL TYPE OF NSURANCE D SL'BR wvD POLICY NUMBER -POLICYEFF POLICY EXP MMlD Y MMxSrvSYY1' LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. 1'000'000 GLAIMS-MADr X OCCUR X X 04M5AO498911 9/1/2018 9/1/2099 PREA SES°Ea ooE'irJence $ 1,000,000 10'00 MEDEXI(An was e.s ) g 9,000,000 PERSONAL &ADV INXRv A 5'000'000 GEN'L AGGREGATE LPI�MO()IT APPLIES PER GEN9PRALAGGREGATE $ X POLICY �P!FG1' LOC PRODUCTS-COMP/OPAGG 8 ,000,00 OTHER'. ^ " COMEINEO SINGLE LIMIT AUTOMOBILE LIABILITY Ea ccldent $ _ PNYAUTC 5OIPILVNJURY(POPRNpr�ereon) $ AUT(7S ONLY AUTGSULED BODILY INJURY or acGaent S A� p �Ep AUONLY PROPERTY �MA(3E Per adent $ AUP�%ONLV UMBRELLA LIAR OCCUR BCH OGGIRREN(� $ EXCESS LIAS CLAIMS -MAGE AGGREGATE DEO RETLNI ONI �.. WORKERSCOMPENSATION 1'' 0TH- I TATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEX-TCU1'I VE �YINI EL. TACH ACCIDENT W OFPICERIM MBER EXCL.IIDm? a WA (MantlaCoryPn NH) EL. DISEASE-EAEMPLOYEE @ if yes, f,ceodbs Udder trew EL�IA-PS . OLCY LIM7DESCRIP�ATkNS DESCR PTION OF OPERATIONS I LOCATI DNS f VEHICLES (ACORD 101 Additional Remarka Sc hetlule, may do attached if more space I® required) RE: Use of parking lot at 308 N. Main Street, Santa Ana, CA. Certificate holder is named as additional insured. An insured may waive the right to recover, in writing, before an occurrence takes place. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cit of Santa Ana, Its officers, officials, Y ACCORDANCE WITH THE POLICY PROVISIONS, employees and agents 20 Civic Center Piaia (M-25) PO BOX 1988 AUTHORIZED REPRESENTATIVE /� h7( V Santa Ana, CA 92702 ,— �,✓t`c`,-a:J h ®(/ Zc i ACORD 25 (2016103) O 1958-2015 ACORD CORPORATION All rights reserved. The ACORD name and logo are registered marks of ACORD / J 04M5A0468911 Brotherhood Mutual' hrourn�ce C'umfxny This Liability Coverage Endorsement is subject to the terms of the applicable Commercial Liability Coverage Form (GL -100) and the Liability and Medical Coverage Form (BGL-11). Only one liability coverage coverage will apply to an occurrence and any related loss. This endorsement is attached to and made part of the policy. THIS INSURANCE ENDORSEMENT FORMS PART OF YOUR POLICY CONTRACT. PLEASE READ IT CAREFULLY. MINISTRY OPERATIONS COMMERCIAL LIABILITY COVERAGE PROVISION MODIFICATION DESIGNATED ADDITIONAL INSURED(S) AGREEMENT Additional Insured named in an endorsement properly designated in the declarations. We provide the modified coverage described in this endorsement (BGL-150), but only if it is properly designated in the declarations, and only with respect to the Additional Insured(s) designated on the schedule(s) attached to this endorsement. PROVISION MODIFICATION With respect to the Additional Insured(s) and the Applicable Coverages designated on any schedule attached to this endorsement, Condition 7 of the Conditions section of the Commercial Liability Coverage Form (GL -100) and Condition 11 of the Conditions section of the Liability and Medical Coverage Form (13GL-11) are deleted and replaced by the following: Subrogation Rights— If we make payment under any liability coverage or any medical coverage, we reserve the right to require from all applicable insureds, and from anyone to whom or on whose behalf we pay, an assignment of their right of recovery. Upon our request, such person or entity must transfer to us their right of recovery against any party responsible for the injury, and must assist us in our attempt to recover any amounts we have paid under the liability coverage or the medical coverage, We are not liable under any liability coverage or any medical coverage if any person has impaired our right to recover. Waiver of Subrogation Rights — An insured may waive our right to recover against an 11 Additional Insureds — With respect to any person or entity shown on any schedule attached to the Commercial Liability Coverage Provision Modification — Designated Additional Insured(s) endorsement (BGL-150), we will provide the Applicable Coverages shown on any applicable schedule to the Additional Insured named in that particular schedule. Any Applicable Coverages shown an the schedule are provided only to the extent that any Additional Insureds shown on any applicable schedule are legally liable for the acts of you, your leader, your employee or your appointed person, as defined in relation to an Applicable Coverage shown on that particular schedule. Any Applicable Coverages granted to an Additional Insured by this endorsement and attached schedule(s) are strictly subject to the terms of the policy. The limit of coverage provided to any Additional Insured(s) designated on any schedule attached to this endorsement will be the lesser of: the limit shown on the applicable schedule for any designated coverage provided to that Additional Insured; or the amount of coverage required to be provided to the Additional Insured under any applicable contract or agreement; Copyright 2015, Brotherhood Mutual Insurance Company BGL-150 (4.1) All Rights Reserved ,rye,✓deu�� y� �- Page 1 of 3 except that the limit of coverage provided by this endorsement shall never be greater than the limits Indicated on the declarations. The limit of coverage that applies to the Additional Insured will be a shared limit of coverage (shared with all other insureds under the Applicable Coverage of the policy). Nothing in this provision will act to increase any limit of the policy. No coverage will be provided to any Additional Insured in relation to: a any liability incurred by an Additional Insured, other than tort liability, or b liability that is incurred prior to the date that we provide an applicable coverage to you, or that is incurred after a previously -applicable coverage terminates; or c any independent acts, errors or omissions of any Additional Insured. Any coverage provided to the Additional Insured designated on the schedule in this endorsement will be primary and non-contributory in relation to other insurance provided to them on a primary basis by another policy. Nothing in this endorsement will act to increase any limits of coverage, or to in any way modify any terms of the policy other than the terms specified herein. 04MSA0468911 LIMITATION The coverage provided by this endorsement does not apply to liability arising solely out of the activity of any additional insured, or arising out of any operations other than your operations. OTHER PROVISIONS All other provisions of the applicable Commercial Liability Coverage Form (GL -100) and the Liability and Medical Coverage Form (BGL-11) apply to the Additional Coverages of this endorsement, unless otherwise modified herein. f�ub L7 Copyright 2015, Brotherhood Mutual Insurance Company BGL-150 (4.1) Al Rights Reserved Page 2 of 3 04MSA0468911 This Schedule is an attachment to the Commercial Liability Coverage Provision Modification —Designated Additional Insured(s) endorsement (BGL-150). This schedule contains identifying and specifying information only, and does not grant, change or modify any coverage of the policy unless attached to the Commercial Liability Coverage Provision Modification —Designated Additional Insured(s) endorsement (BGL-150). This endorsement is attached to and made part of the Commercial Liability Coverage Provision Modification — Designated Additional Insured(s) endorsement (BGL-150). COMMERCIAL LIABILITY COVERAGE PROVISION MODIFICATION DESIGNATED ADDITIONAL INSURED(S) SCHEDULE (The information required below may be shown on a separate schedule and/or supplemental declarations.) Named Insured: APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST Policy Number: 04M5A0468911 JESUS DBA', IGLESIA APOSTOLICA SION Additional Insured: See Attached 20 Civic Center Plaza M-25, PO Box 1988 Santa Ana CA 92702 :able Coverage(s) and Limit(s): RAGE L $1,000,000 Begins: 09/01/2018 Coverage Ends: 09/01/2019 Copyright 2015, Brotherhood Mutual Insurance Company BGL-150 (4.1) Al Rights Reserved Y ✓` t" `j 47 PA - K of -5 - Page 3 of 3 APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS DBA IGLESIA APOSTOLICA SION 04M5A0468911 City of Santa Ana, its officers, officials, employees and agents 5 ��