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HomeMy WebLinkAboutALDRIDGE ELECTRIC, INC.INSURANCE ON FILE X MAY PROCEED TIL INSURANCE EXPIRES 8-3/s20 CLERK OF COUNCIL DATE NOV 13 2019 o 9W4 �0� LEASE AGREEMENN I? NOV 12 P9 3: 32 A-2019-160 THIS LEASE (the "Lease") is made as of September 2, by and The City of Santa Ana, a charter city and municipal corporation org t e Constitution and laws of the State of California ("City" or" ' a Electric Inc. ("Tenant"). 1. EXHIBITS: The following exhibit is attached hereto and incorporated herein by reference: Exhibit "A" The Premises 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 215 South Center Street in the City of Santa Ana, commonly known as the City Yard. Specifically, Tenant will be leasing the portion identified as Suite 101, consisting of approximately 1,100 square feet of interior storage space and approximately 7,000 square feet of exterior storage space (hereinafter referred to as the "Premises"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary approvals. The Premises are more particularly described in Exhibit A. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Tenn") shall commence on the date first written above and shall continue through February 19, 2021, unless sooner terminated or extended as provided herein. 4. ADDITIONAL LEASE CONDITIONS: See Exhibit B. 5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for additional periods of one (1) month on the same terms and conditions as set forth in this Lease, up to twelve (12) months. Each option shall be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any Extension Period then in effect. If Tenant does not exercise its option to extend as provided herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Consumer Price Index (CPI) increase for any extension period. 6. RENT: (a) Tenant shall pay to Landlord, as monthly rent ("Rent"), throughout the Term, One Thousand One Hundred Dollars ($1,100) for interior storage space and One Thousand Four Hundred Dollars ($1,400) for exterior storage space, for a total monthly sum of Two Thousand Five Hundred Dollars ($2,500) in advance, on the 1st day of each calendar month and continuing through the life of the Terns. Any partial month shall be prorated at Eighty -Two Dollars ($82) per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE I OTH of the month. (b) Landlord and Tenant hereby agree that Rent for any DocuSign Envelope ID; 8D50DC2A•E339.4E8C•A388-000A7CF55027 Extension Period, if the option for such is exercised, shall be subject to a CPI adjustment annually on the anniversary of the commencement date of the term hereof; 7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month subject to the terms of this Lease, terminable by either party upon thirty (30) days' prior written notice to the other. 8. LANDLORD'S TITLE: Landlord hereby covenants, represents and warrants to Tenant that Landlord has fee simple title to the Premises and has the full right and lawful authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws, ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful possession and enjoyment of the Premises, all improvements located thereon and of all easements, rights and appurtenances thereunto belonging. 9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the tenmination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage from any other cause unless such other ,cause is attributable to Tenant. 10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the Premises or any part thereof without the, prior written consent of Landlord. 11, TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable wear and tear, Tenant agrees at Tenant's expense to maintain the premises in good repair. Subject to Landlord approval, Tenant shall make and pay for any renovations, alterations, minor repairs (light bulbs, etc,) and improvements to the Premises as Tenant deems desirable and Tenant agrees that all such alterations and improvements shall be trade in a good and workmanlike manner and in such fashion as not to diminish the value of the building; and that no Stich alterations shall compromise the structural integrity of the Premises. All improvements, additions and alterations, shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, Improvements, additions and alterations completed by Tenant. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the request of Tenant. On surrendering possession of the Premises to Landlord at the expiration or sooner termination of DoouSign Envelope ID: 8D50DC2A-E339-4E8C-A386-OOOA7CF55027 this Lease or any Extension Period, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord. Landlord shall not install or maintain or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 12. MAINTENANCE: Landlord shall provide at its own cost and expense any maintenance required to the Premises. 13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws") applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. 14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term and any Extension Period, including charges or assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal. 15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless Landlord from and against any and all liability, loss, damage, expense, and costs (including attorney's fees) due to bodily injury, including death, to any person, or loss or damage (including loss of use) to any property, caused by the negligence or willful misconduct of Tenant, its employees, representatives, or agents in connection with this Lease. 17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain insurance as described below: a. Coinrtier Sal General -Liability Insurance: Commercial general liability insurance for injury to person (including death) or damage to property occurring within the DocuSign Envelope ID: BD50DC2A-E339-4E8C-A3B6-00OA7CF55027 building arising out of the use and occupancy thereof by Tenant, its licensees, employees, invitees, agents and customers. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. WoTl W.s Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Such policy shall include a `Waiver of Subrogation' endorsement. Tenant shall provide Landlord with a copy of such endorsement along with the certificate of insurance or copy of the policy. Prior to commencing the performance of the work under this Agreement, Tenant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Tenant may meet the insurance limits as outlined in 17.a. and 17.b. above through a combination of primary and excess/umbrella insurance policies. e. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: i. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord shall be entitled to the broader coverage and/or higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord, ii. Tenant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. iii. Certificates of insurance shall be furnished to the Landlord upon execution of this Agreement. iv. Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days' prior written notice to the City, except for 10 days' notice for non-payment of premium. V. If Tenant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Landlord with required proof that insurance has been procured and is in force and paid for, the Landlord Docu$ign Envelope ID;-8D50DC2A-E339-4E8C-A386-000A7CF55027 shall have the right, at the Landlord's election, to forthwith terminate this Agreement as provided herein. 18, DAMAGE BY CASUALTY (a) In the event of a fire or other casualty in Premises, Tenant shall immediately give notice thereof to Landlord, (b) If the Premises, through no fault of Tenant, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so as to render the Premises untenantable as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square footage of the Premises rendered unusable until such time as the Premises are made tenantable as reasonably determined by Landlord. The entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days following the fire or casualty incident. (c) Except whore Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligence to repair or rebuild the same (except that Landlord will have no obligation to repair or replace any alteration, addition, or improvements to the Premises other than the Tenant improvements installed at Landlord's expense which will be repaired only to the level of Building Standard Improvements). (d) In the event of (i) the total destruction of the Premises, (ii) the partial destruction of the Premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of such damage, or (iii) damage or destruction as a result of any casualty for which insurance proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whether to repair or rebuild within sixty (60) days of the occurrence of such damage or destruction. Upon notification to Tenant of Landlord's decision not to repair or rebuild, this Lease shall terminate. In such an event, Tenant shall be reimbursed by Landlord any rent monies transferred from Tenant to Landlord during this sixty (60) day period within fourteen (14) days after the termination of the lease. 19. EMINENT DOMAIN; (a) if O all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain. premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election Landlord agrees immediately within ton (10) days after ally notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full DocuSign Envelope ID: 8D50DC2A-E339-4EBC-A3B8-00OA7CF55027 details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance, (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may tale such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation, Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease, 20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant, 21, PARKING AREA: Tenant may use the parking areas that are included in the Premises that are the subject of this lease. 22. TENANT'S DEFAULT: (a) If Tenant shall default in payment of Rent, when due, Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the failure of Tenant to cure such default within seven (7) days after the date of receipt of such notice shall, at the sole option of Landlord, cause the termination of this Lease. (b) If Tenant shall default in the perfonnance of any other terms or provisions of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination of this Lease immediately, 23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances" shall mean, without limitation, any substance that is biologically or chemically active or any hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead -based paint, DocuSign Envelope ID:$D501)02A-E339-4E80-A3B8--006A7CF55027 asbestos or petroleum derivative substances), or material defined as such in (or for purposes of) (i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or ordinances, (it) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local "Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amendments or successor statutes with respect to any of the foregoing, (b) During the Tenn of this Lease, Tenant represents and warrants that no Hazardous Substances will be stored on the Premises and that no Hazardous Substances will be discharged on the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and costs of remediation, arising from Tenant's breach of any of the representations and warranties contained in this Section, 24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to this Lease shall be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, to the following persons. MEW: ?g—C�: Aldridge Electric, Inc, Public Works Agency Attn: Eric Von Baumbach City of Santa Ana 844 E. Rockland Rd, 20 Civic Center Plaza (M-21) Libertyville, IL 60048 Santa Ana, California 92701 Attention: Executive Director of Public Works Agency AND Clerk of Council City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior to the effective change, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. pocuSign Envelope ID:8D50DC2A-E339-4E8C.A3E6-OOOA7CF55027 25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is for storage space for equipment and materials associated with the OC Streetcar Project. No other use of the premises shall be permitted without written consent of the Landlord. 26. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 101 contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the platters contained herein. (b) Landlord agrees to turn over the Premises is clean, good condition and in working order. (c) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns, (d) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (e) If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (f) This Lease shall be governed by the internal laws of the State of California without regard to and excluding its principles of conflicts of laws. (g) The parties further agree that upon request, they shall do such further acts and deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out the intent and purposes of Lease. (h) Unless the context in which used clearly requires another construction, throughout this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singular of terms shall include the plural and vice versa, The section headings are for convenience only and shall not affect the construction hereof. (i) If any one or more of the provisions hereof shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not DocuSlgn Envelope ID: BD50OC2A.E339-4E8C-A3B6.000A7CF55027 affect the validity or enforceability of any other provision hereof, which shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The parties intend that if any provision hereof is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 0) Time is of the essence in the performance of each party's respective obligations. (k) This Lease may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same instrument, and it shall not be necessary that any single counterpart bear the signatures of all parties. (1) Unless expressly stated to be exclusive, no remedy conferred herein shall be deemed to be exclusive of any other remedy conferred herein or any other remedy now or hereafter available at law or equity, All remedies conferred herein, and all remedies now or hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and may be enforced concurrently or successively, (m) All provisions of this Lease shall be construed as covenants and agreements where used in each separate provision hereof and shall bind and inure to the benefit of the parties hereto, their respective heirs, legal representatives, successors and assigns. (a) All periods of time shall include Saturdays, Sundays and legal holidays; provided that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday, then such act or notice shall be timely performed if given on the next succeeding business day, (o) Any holding over by Tenant of the Premises after the expiration or termination of this Lease shall operate and be construed as a tenancy from month to month on alltenns of this Lease, terminable by either party upon thirty (30) days' prior written notice to the other.. (p) Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. 27. LANDLORD'S REPRESENTATIONS; Landlord hereby covenants, warrants and represents to Tenant that: (a) Landlord has the sole right, legal power and authority to enter into this Lease. (b) All required actions have been taken and satisfied by Landlord to authorize the execution and performance of this Lease. No other proceedings or actions on the part of Landlord are necessary to authorize this Lease or to carry out the transactions contemplated hereby. This Agreement constitutes the legal, valid and binding obligation of Landlord enforceable against Landlord in accordance with its terns. DocuSign Envelope ID: 8D50DC2A-E339-4E8C-A3B6-000A7CF55027 A-2019-160 (c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the full right, legal power and actual authority to bind Landlord to the terms and conditions hereof, 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney J#n M.Funk Assistant City Attorney FOR APPROVAL Execu SWector PE, PLS Executiv Director Public W rks Agency CITY OF SANTA ANA Manager ALDRIDGE ELECTRIC, INC. DocuSigned by. WlA,t.V' 8/8/2019 By: Gene uebner Title: CFO 10 DocuSign Envelope ID:. 8050D02A.E339.4E80-A3B6-000A7CF55027 Exhibit A The Premises U.jj I "^ III= S. CENTER STREET 1 „ I��iri� 1��1�11 nuu�� �� riii�r irirr l �mvs> rwnrr �. _ eavx 11100. Square East �t \\ interior storage apace, square feet exterior atora..+.n.raG„space, u+Mw+" +Rafe H �MTH-T. -� CITY OF SANTA ANA CITY YARD N DocuSign Envelope ID: 8D50DC2A-E339-4E80-A386-00OA7CF65027 EXHIBIT B 1. Tenant will be provided ten (10) keyeards to access the Corporate Yard. 2, The keyeards must be returned when the lease expires and/or the leased space is vacated, whichever occurs first. 3. If a keycard is lost or stolen it MUST be reported immediately to the City's Stores and City Yard Property Specialist by email at Eriquier er santa-ana,org, 4, A $25 keycard replacement fee applies for all lost or stolen keyeards. �1 m 'awiro CERTIFICATE OF LIABILITY INSURANCE oATE1MMro0nvvv) 10/30/2019 THIS CERTIFICATE IS ISSUED AS A 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 policytles) 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 endorsement(s), PRODUCER Arthur J. Gallagher Risk Management Services, Inc. Chi S. Riverside Plaza, Suite 1500 Chicago IL 60606 Ne - Certificate Service Center PHONE 312-704-0100 C.ro_Eat): _. IFiJC xok 312-803-7443EWAI NOIU s, BSO.COIR,Chica oCerts@ajg.com INSURER;Sj AFFORDING COVERAGE t. NAIC r INSURER A: Zurich American Insurance Company16535 INSURED ALORELE41 ALDRIDGE ELECTRIC, INC. 844 E. ROCKLAND ROAD LIBERTYVILLE, IL60048 INSURER B: American Guarantee and Liability Ins Co _ 26247 INSURER c: American Zurich Insurance Company 1 40142 _ _ IxsuRERo: _ INSURE0. E INSURER F: rnvcnwrvc .. —- ' M"VlolVn INUMpCK.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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 TR TYPE OF INSURANCE AODL BURR, POLICY EFF POLICY EJIP POLICY NUMBER kike00 MMIDO/Yl'YY LIMITS A X " COMMERCIALGENEMLLIA6ILTTY GL0694223700 3/312019 3131I2020 CLAIMBMU3E � OCCUR CE EgCH OCCURREN0,_ CE $200000 PREM�ISEb EaEN 1 j 51 000000 X Convadual Led, _ p APerson) $10,000 X XCU _ME PERSONAL S Am INJURY 152,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 54.000.000 _ POLRO- ICY�jE,�LOC PRODUCTS - COMPIOP AGG 54,000,000 OTHER: S A AUTOMOBILE LIABILITY 13AP694308800 3/3112019 "`7/31/2020 COMBINED SINGLE LIMIT Ea ri' tlenit 35,000,000 .,� ANY AUTO - BODILY INJURY (Per Parson) 5 -' OWNED SCHEDULED BODILY INJURY(Peraahen0;5 . AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY P!HWhHTYDAMAGE r t S .AUTO PD- COMPICOLL S 510.000/s10.000 B X UMBRELLA UAa X OCCUR AUC636955400 3/312019 3/31/2020 EACH OCCURRENCE $5.000.000 EXCESS LIAa CINMS-MADE AGGREGATE S 5.000,000 DED RETENTIONS A WORKERS COMPENSATION C AND EMPLOYERS' LIABILITY VVC636955200(W1) W312019 '3/31/2026X PER DTH- YIN ANYPROPRIETORIPARTNEWEXECU'd WC694308900(ADS) 3/312019 3/31/2020 STATUTE ER _ OFFICERIMEMBER EXCLUDED? NIA I EL. EACH ACCIDENT 51.Ooa.o00 (Mandatory In NH) j It yes, dear ibe under : _ ELDISEASE -EA EMPLOYEE 51,000.000 _ DESCRIPTION OF OPERATIONS below IEL DISEASE -POLICY LIMIT S1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101. Additional Remarks Schedule, may be dached if mom $Pace Is requi.dl RE: 215 S. Center Street Santa Ana. AE Yard Location. City of Santa Ana. officers, agents, employees, and volunteers are named as additionally insured as respects the General Liability policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carded by City shall be excess and noncontributory. 30 Day Notice of Cancellation in favor of Certificate Holder applies as required by written contract. REVIEWED & APPROVED CER I iF;CA I c nuLUCH CANCELLATION OV O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division FRANCINE R. VILLAREA ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZEDREPRESENTATIVE Santa Ana CA 92702 A //% ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic -- Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Policy No. OL06942237-00 Effective Date: 03/31/2019 This endorsement modifies Insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who is An Insured Is amended to include as an additional insured any person or organization whom you are required to add as an additional Insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional Insured under one or both of the following endorsements: a. The Insurance Services Office (I80) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising Injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement, However, solely with respect to this Paragraph 1., insurance afforded to such additional Insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising Injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily Injury" or "property damage" caused by "your work" and Included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional Insured. 2. if such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07104 edition); or b. The iSO CG 20 37 (07104 edition), such person or organization is then an additional Insured with respect to such endorsement(s), but only to the extent that "bodily Injury", "property damage" or "personal and advertising injury" is caused, in whole or In part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, REVIEWED & APPROVED By Risk MiANACiEMENT DivisiON N 06 019 u�a'ta-Aa �et�'ara includes copyrighted material of insurance Services Office. Inc., h' p r r FRANCINE R. VILLAREAL in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and Included In the "products -completed operations hazard", with respect to Paragraph 2.b, above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (1) Only applies if the "bodily injury", "property damage" or "personal and advertising Injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (II) Does not apply to "bodily injury" or "property damage" caused by "your work" and Included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional Insured. 3. If neither Paragraph 1. nor Paragraph 2, above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional Insured: a. Under the ISG CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form Is specified), such person or organization Is then an additional Insured only to the extent that "bodily Injury", "property damage" or "personal and advertising injury" is caused, In whole or In part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement, However, solely with respect to this Paragraph 3,, Insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies If the "bodily injury", "property damage" or "personal and advertising Injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1, nor Paragraph 2, above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional Insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or If no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional Insured only to the extent that "bodily injury" or "property damage" is caused, in whole or In part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional Insured: (1) Only applies to the extent permitted by law; (2) WIII not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and REVIEWED & APPROVILL By Risk MANACEMENI DIVISION NOV 0 6 "1 U-GL-1114-A CW (11/18) Includes copyrighted material of Insurance Sery e 0 I t ..�. Page 2 of 4 FRANCINE R. VILLAREAL (4) Does not apply to "bodily Injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. E. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occurrence" which caused the "bodlly injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement; the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional Insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional Insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b, of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This Insurance Is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy In which the additional Insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional Insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional Insureds, and which endorsement applies specifically to that identified additional Insured. gy Ris M N SEMEN (D9 s ah NO 6019 U-GL-1114•ACW (11r18) Page 3 or 4 Includes copyrighted material of Insurance Sorvic f�, I ,1VIINL RCA(- F. Solely with respect to the Insurance afforded to an additional Insured under Paragraph A.3, or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured —Automatic —Owners, Lassoes Or Contractors Limit The most we will pay on behalf of the additional Insured is the amount of Insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. REVIEWED & APPROVILL, By Risk MANAGEWMT NViSION N vas�o�s U-GL-1114-A CW (1 of 4 Page 4 of 4 Includes copyrighted material of InsurM�wl¢MLp�Co�y1W�IREk¢rmisslon, Other Insurance Amendment -- Primary And Non - Contributory ZURICH Policy No. I M pate of Pol. I Exp. Date of Pol. I Eft. Dale of End. I Producer No, I RddT Pram Return Prem, L06942237-00 03/3112019 0313112020 03/31l20t9 Included THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Named Insured: Address (including ZIP Code): This endorsement modifies Insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph Is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other Insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured, 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional Insured, in which the additional Insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit This provision does not apply to any policy in which the additional insured Is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. REVIEWED & APPROVED By Risk MANAGEMENT l"thilsiON U-GL-1327-B CW (04113) Pago 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with Its permission.