HomeMy WebLinkAboutSANTA ANA HISTORIC PRES SOC 5A - 2002
INS'L .,,~E!le IN FILE
WOR;', l,:AY N~LPROCEED
CLERK Or COUNCIL
DATE: f3 n Or REHABILITATION WORK AGREEMENT
,,- . - (For use with COMMUNITY DEVELOPMENT BLOCK GRANT funds)
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\ THIS AGREEMENT, made and entered into this ~ day of , 2002, by and
>if \,.J . between the City of Santa Ana, a charter city and municipa corporation d y org . ed and existing under the
Constitution and laws of the State of California ("City") and the Santa Ana Historical Preservation Society, a
California non-profit corporation hereinafler referred to as "Subrecipient".
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A .1999-048-
...,,_2000-063-
29 A
50 A
WITNESSETH
Recitals:
A. Subrecipient and City have executed the "Agreement for Agreement Between the City of Santa Ana and
na istorical Preservation Society For Use of Community Development Block Grant Funds", dated
, 200 battached hereto as Exhibit A, with all terms incorporated as though fully set forth
B. Subrecipient desires to employ a general building Contractor as defmed in California Business and
Professions Code 9 7057 to perform certain rehabilitation work on property located at 615 North Sycamore Street, in
the City of Santa Ana, California, known as the historical Howe-Waffle House (the "Property").
C. Subrecipient represents that the Contractor hired to perform the rehabilitation work will be qualified,
licensed and able to perform such work as desired by Subrecipient.
D. Subrecipient is financing all or part of the cost of the work to be performed under this Agreement with
proceeds of a grant to Subrecipient from the City. The City is providing the grant funds to Subrecipient with certain
funds made available by the United States Department of Housing and Urban Development ("HUD") under the
Community Development Block Grant Program (the "CDBG Program") and the regulations issued by HUD set
forth in 24 CFR Party 570 (the "CDBG Regulations"). The City Manager is the representative of the City.
WHEREFORE, for and in consideration of the respective and mutual covenants and prornises hereinafter
contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows:
I. THE WORK
1. SCOPE OF WORK
Subrecipient shall hire a qualified Contractor to provide all supervisIOn, technical personnel, labor,
materials. machinery, tools, equipment fixtures and services for the work required for rehabilitation of the Property,
in accordance with the atrached bid and proposal, general conditions, work write-ups. specifications, and drawings,
which documents are incorporated herein by reference as though fully set forth (Exhibit B). All construction related
work under this Agreement shall be to accomplish blight reduction, provide modifications to assist the disabled and
gain ADA compliance, and/or other health and safety modifications.
Subrecipient shall ensure that all work shall be performed in conformance with applicable laws and local
requirements whether or not covered by the specifications and drawings for the work.
Subrecipient acknowledges that housing assisted with CDBG Program funds constitutes HUD-assisted
housing for the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. Sections 4821, et seq.) and is,
therefore, subject to 24 Code of Federal Regulations Part 35. Accordingly, and pursuant to Section 570.608 of the
CDBG Regulations, Subrecipient hereby agrees to and shall be responsible for testing and abatement activities
specified in the Lead-Based Paint Poisoning Prevention Act and the regulations set forth at 24 Code of Federal
Regulations Part 35 with respect to the rehabilitation of the Property.
Subrecipient shall ensure that the hired Contractor shall pay all sales, consumer, use and other similar taxes
required by law, and shall procure and pay for all permits and licenses necessary for the execution and completion of
the work and labor to be performed hereunder.
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2, NOTICE TO PROCEED
The work shall begin no later than twenty (20) calendar days from and after Subrecipient gives the
Contractor written notice to proceed, Failure by Contractor without lawful excuse to substantially begin work
within twenty (20) days of the date of receipt of said written notice to proceed shall postpone the next succeeding
payment to the Contractor for that period of time equivalent to the time between when work was to begin and when
it did begin, Subrecipient and the City shall give said notice to proceed within forty-five (45) calendar days from
and after the date of the signing of this Agreement. If the written notice to proceed is not received by Contractor
within said period, Contractor reserves the right to withdraw his bid and proposal.
3, TIME FOR COMPLETION
All work shall be satisfactorily completed within forty-five (45) calendar days from and after the date of
when said work is commenced.
4, CLEANUP
Subrecipient shall ensure that the Contractor shall keep the premises clean and orderly during the course of
the work and remove all debris at the completion of the work. Materials and equipment that have been removed and
replaced as part of the work shall belong to Contractor.
5. DAVIS-BACON ACT
All laborers and mechanics employed by contractors or subcontractors in the performance of construction
work, including alterations and repairs, in excess of $2,000,00, fmanced in whole or in part with federal funds shall
be paid wages at rates not less than those prevailing on similar construction in the locality as determined in
accordance with the Davis-Bacon Act, as amended, 40 D,S.C. sections 276a - 276a-5, Any such construction
contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. ~5.5. Further,
the payroll reports (along with the "Statement of Compliance") and basic records are required to be maintained and
submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of
funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor
that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. . A breach of the
contract clauses in 29 C.F.R, ~5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations shall be made
as necessary to assure compliance [29 C.F,R. ~5.6(a)(3)].
6, CHARGES AND LIENS
Subrecipient shall ensure that the Contractor shall pay when due all valid charges for labor and material
incurred by Contractor and used in the rehabilitative construction work pursuant to this Agreement and shall also be
responsible for keeping the job free of mechanic's liens recorded by any of the persons enumerated in California
Civil Code ~ 3110, If Contractor fails to make any payments required pursuant to this paragraph, or if Contractor
fails to keep said real property free of mechanic's liens incurred by or under Contractor or its subcontractors,
Subrecipient may settle said claims and Contractor shall notify Subrecipient and the City in writing when a
legitimate dispute arises between Contractor and any and all persons enumerated in California Civil Code ~ 311 O.
In the event of such dispute, Contractor shall record a bond pursuant to in California Civil Code ~ 3143 releasing
said real property from liens of any and all persons. If Contractor fails or is unable to obtain said bond, Subrecipient
may obtain and record said bond and deduct the costs from any payment due Contractor.
7. CORRECTION AND DEFECTS
Contractor shall correct any work that fails to conform to the requirements of this Agreement or any
documents pursuant thereto, where said failure to conform appears during the progress of the work. Contractor shall
remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one (I) year
from the date of substantial completion of the work or within such longer period of time as may be prescribed by
law or by the terms of any applicable special guarantee required by this Agreement or any document pursuant
thereto.
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8. GUARANTEE
Contractor guarantees the work performed for a period of one (I) year from the date of final acceptance of
all the work required by this Agreement, unless the work required repair or conslmction of a roof, in which case
Contractor guarantees the work for a period of five (5) years. Further, Contractor shall furnish the Subrecipient, all
manufacturer's and supplier's written guarantees and warranties covering materials and equipment furnished under
this Agreement with a copy forwarded to the City. Contractor guarantees all materials to be as specified and all
work to be completed in a professional manner according to standard practice. Unless otherwise specified, all
materials shall be new. Contractor shall leave the work in a finished condition as determined by acceptable building
standards and to the satisfaction ofthe City.
9. INSPECTIONS
Subrecipient and the Contractor shall permit the United States Government and the City or their designee(s)
to examine and inspect the rehabilitation work. In addition, City shall have the right to inspect any work performed
hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state
and/or local requirements, as well as the terms of this Agreement. Contractor agrees that all work found by such
inspections not to conform to the applicable requirements to be corrected, and Subrecipient shall have the right to
withhold payment to Contractor until it is so corrected.
10. UTILITIES AND COOPERATION
While this Agreement is in full force and effect, Subrecipient shall permit Contractor to use existing
utilities such as light, heat, power and water to carry out and complete the work and shall cooperate with Contractor
to facilitate the performance of coverings and furniture, if and to the extent necessary.
11. OCCUPATION OF PREMISES
The premises are to be OCCUPIED / VACANT during the course of the conslmction work.
12. CHANGE ORDERS
Any changes or deviations from specifications or terms of this Agreement shall be effective only upon
written consent of Subrecipient, Contractor and the City. All change orders will specifically describe the work
and/or changes, any price adjustments and time for completion.
13. NOTICE OF COMPLETION
SUBRECIPlENT shall execute, acknowledge, and record in the manner provided by law, a notice of
completion of work required by this Agreement within fifteen (15) calendar days after fmal inspection and approval
of said rehabilitation work as fully completed by the City.
U. GRANT FUNDS
14. AMOUNT OF GRANT FOR REHABILITATION
City agrees to grant Subrecipient the total sum of $15,000 for the performance of all of the rehabilitative
conslmction work required hereunder payable in accordance with the CDBG Agreement between Suhrecipient and
the City and the Proposal, attached hereto as Exhibits A and B.
Final payment to the Contractor shall be made thirty-five (35) calendar days after final inspection and
acceptance of all work to performed by Contractor and Contractor has furnished the City, for Subrecipient's benefit,
satisfactory releases of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers.
Progress payments and/or fmal payment may be withheld on account of defective work not remedied, claims filed,
failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by
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another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by Subrecipient and the
City.
Ill. INDEMNIFICATION AND INSURANCE
15. INDEMNIFICATION
Subrecipient shall indemnify, defend and save hann1ess City, its officers, employees, agents, representatives
and volunteers from and against any and all damages to or for loss of use of property and for injuties to or death of any
person or persons, including property and employees or agents of City, and shall defend, indemnify and save hann1ess
City, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits,
actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and
including attorney fees and reasonable expenses for litigation or sett1emen~ resulting from or arising out of the negligent
or VlTongful acts, errors or omissions of Subrecipient, its officers, directors, employees, agents, subcontractors and
suppliers arising out of Subrecipient's performance of this Agreement
16. INSURANCE
With respect to performance of work under this Agreement, Subrecipient shall require that its Contractor,
and any subcontractors, maintain insurance as described below:
(1) Workers' compensation insurance with statutory limits, and employer's liability insurance with
limits of not less than $1,000,000 per accident.
(2) Commercial general liability insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall name Subrecipient and the City of
Santa Ana as additional insured in a form substantially the same as that of Exhibit C, attached
hereto and incorporated herein.
Contractor shall (a) furnish properly executed certificates of insurance to Subrecipient and the City prior to
commencement of work under this Agreemen~ which certificates shall clearly evidence all coverage required above
and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior
written notice to Subrecipient and the City; and (b) maintain such insurance from the time work first commences
until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to
completion of work under this Agreement.
IV. GENERAL
17. CONFLICT OF INTEREST
No person who is an employee, agent, consultant, officer or elected official or appointed official of the City
of Santa Ana, who exercises or has exercised any functions or responsibilities with respect to activities assisted with
CDBG funds or who are in a position to participate in a decision-making process or gain inside information with
regard to these activities, may obtain a financial interest or benefit from this Agreement, or have an interest in any
subcontract or agreement with respect hereto, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter.
18. UNAVOIDABLE DELAYS AND DEFAULTS
The time of completion of this Agreement shall be extended by the number of calendar days which
Contractor is prevented from performing work as a result of: inclement weather, acts of Subrecipient or the City not
contemplated by this Agreement, the unavailability of workers or materials due to strikes, accident, acts of God, fire,
unusual delays in transportation, unavoidable casualties, causes beyond Contractor's control, or any cause which the
City may determine justifies the delay. The Contractor shall not be entitled to an extension in the number of
calendar days for completion, unless, within five (5) days from the beginning of such delay he notifies the
Subrecipient and the City in writing of the causes of the delay, which causes must be acceptable to the City.
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19. ARBITRATION CLAUSE
All claims or disputes between the Subrecipient and Contractor arising out of or related to the work sball be
decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration
Association, unless the parties mutually agree otherwise. Initial arbitration fees will be paid in equal sbares by the
Subrecipient and Contractor, unless otherwise agreed to by the parties. Notice of demand for arbitration sball be filed in
writing with the other party, and sball be made within a reasonable time after the dispute bas arisen. The award rendered
by the arbitrator sball be final, and judgment may be entered upon it in accordance with applicable law in any court
baving jurisdiction thereof. If the arbitrator's award is in a sum which is less than that which is offered in settlement by
the Contractor, the arbitrator may award costs and arbitration related attorney's fees in favor of the Contractor. If the
award of the arbitrator is in a sum greater than that which was offered in settlement by the Subrecipient, the arbitrator
may award costs and arbitration-related attorney's fees in favor of the Subrecipient.
20. TIME OF ESSENCE
The timeframes set forth in this Agreement are important and of the essence of this Agreement.
21. GENDER AND NUMBER
As used herein, the masculine sball include the feminine and masculine and the singular sball include the plural.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right
to bind their respective parties to each of the terms of this Agreement, and sball indemnify City fully, including
reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto sball be incorporated as if fully set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement sball impair any
such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the
covenants, conditions, or agreements to be performed by the other sball not be construed to be a waiver of any
succeeding breach thereof or of any other covenant, condition or agreement herein contained.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below,
DATED:
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PATRICIAE, HEALY i i
Clerk of th<: Council
DATE:
CITY OF SANTA ANA
APPROVED AS TO FORM:
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YJOSEPH W. FLETCHER
City Attorney
SUBREClPlENT:
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA HISTORICAL PRESERVATION SOCIETY FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, made and entered into this day of , 2002, by
and between the City of Santa Ana, a charter city and municipal corporation of the State of
California ("CITY") and SANTA ANA HISTORICAL PRESERVATION SOCIETY, a California
nonprofit corporation ("SUBRECIPIENT"),
WIINESS.!HH
Recitals:
A. The CITY, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG")
Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I ofthe
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY
to receive CDBG funds and administer such financial assistance; and to provide the services
described in "Exhibit A," hereinafter referred to as "said program" and SUBRECIPIENT represents
that it is qualified and willing to operate said program.
D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Non-Profit Status - Reoresentations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation
in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of
this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part
of SUBRECIPIENT.
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(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S
execution, delivery and performance of its obligations under this Agreement will not constitute a
default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(1) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under
this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
B. Amount of Grant and Quarterlv Disbursement. The amount granted to
SUBRECIPIENT is $ 15,000 ("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT within a time period not exceeding twelve (12) consecutive months following
the date of this Agreement. The CDBG FUNDS shall be disbursed by CITY to
SUBRECIPIENT on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete SUBRECIPIENT'S quarterly activity report, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
information due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend
beyond the term, including but not limited to obligations with respect to indemnification, audits,
reporting, data retention/reporting, and accounting.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A,"
attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as
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required may, in addition to other remedies set forth in this Agreement, result in readjustment of the
amount of funds CITY is othelWise obligated to pay to SUBRECIPIENT under Paragraph IT hereof.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
June 30, 2003 and to use said funds to pay for necessary and reasonable costs allowable under the
federal law and regulations to operate said program. Said amounts shall include, but not be limited
to, wages, administrative costs, and employee benefits comparable to other similarly situated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make
good-faith efforts to gain compliance with local, state or federal rules and regulations following
written notification of said violation(s) from the CITY or other authorized citing agency.
SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notifY CITY
of pending violations, or to remedy such known violation(s) shall result in termination of grant
funding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the
violation(s); failure to gain compliance within such time shall result in termination of grant funding
hereunder.
G. Seoaration of Accounts. All funds received by SUBRECIPIENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A-1I0 requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-II 0 requirements.
H. Audit Report ReQuirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office of Management
and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October I of the
year following the program year in which this Agreement is executed.
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I. Record Keeoing/Reoorting. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
1. Reoorts
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBRECIPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements or
other documentation supporting and evidencing how the CDBG
FUNDS have been expended during the applicable quarter.
(ii) Quarterly Activity Report: SUBRECIPIENT agrees to keep monthly
records of all ethnic and racial statistics of persons and families benefited by
SUBRECIPIENT in the performance of its obligations under this Agreement,
including, but not limited to, the number of low and moderate income persons
and households assisted in accordance with federal income limits, the number
of female heads of households assisted, new program information and year-to-
date program statistics on expenditures, caseload and activities..
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J. Access to Records. CITY and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities
and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in
regard to said program. CITY and the United States Government and/or their representatives shall
also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are
not limited to, questioning employees and participants in said program and entering any premises or
any site in which any of the services or activities funded hereunder are conducted or in which any of
the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
K. Location of RecordslReqnired Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG REGS., s.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other governmental agency takes exception, shall be retained beyond the five (5)
years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In
the event SUBRECIPIENT does not make the above-referenced documents available within the city
of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account
are maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUB RECIPIENT shall be reported immediately to CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall subrnit to CITY and or HOD or its representatives, all records requested,
including audit, examinations, monitoring and verifications of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
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o. Independent Contractor. SUBRECIPIENT agrees that the performance of
obligations hereunder are rendered in its capacity as an independent contractor and that it is in no
way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance or repay CITY all amounts spent in
violation thereof.. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non-
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non-expendable personal property" shall include
leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. LobbYing. SUBRECIPIENT certifies that it will comply with federal law (31
U.S.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its
obligations under this Agreement and prior to any obligation ariging on the part of CITY to pay any
sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance
with its instructions (see C-1).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
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or who are in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain a [mancial interest or benefit from a CDBG-assisted activity of
SUBRECIPIENT, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of CITY, or of
any designated public agencies, or the SUBRECIPIENT.
U. Davis-Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined in accordance with the
Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. S5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. s5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. S5.5. . A breach of the contract
clauses in 29 C.F.R. S5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. S5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. s5.6(a)(3)].
V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following
drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUB RECIPIENT will be required to:
a) Abide by the terms above in statement I.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
3. The United State Department of Housing and Urban Development will be
notified within ten days after receiving notice of any such violation.
4. Within 30 days ofreceiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local health,
7
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070102
law enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2002-2003 CDBG program year amounts expended by SUBRECIPIENT in carrying out
said program for fiscal year 2002-2003 pursuant to this Agreement up to a maximum aggregate
payment of FIFTEEN THOUSAND Dollars ($ 15,000) in installments determined by CITY.
Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly
basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses.
CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied
that such expenses have been incurred and documented within the scope and provisions of this
Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this
Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with CDBG funds.
IV. CONFLICT OF INTEREST
SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct
or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG
FUNDS, shall serve as an officer of SUB RECIPIENT. Further, any conflict or potential conflict of
interest of any officer of SUBRECIPIENT shall be fulJy disclosed in writing prior to the execution
of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof.
Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its list
of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds:
A. SUBRECIPIENT shalJ not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
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B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not lirnit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the lirnited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUB RECIPIENT.
D. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor
repairs to such property which are directly related to the cost of rendering the services under said
program, where the cost constitutes in dollar tenns only an incidental portion of the CDBG
expenditure for rendering the services under said program.
VI. PROHmITION OF NEPOTISM.
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position
funded through this Agreement if a member of that person's immediate family is employed in an
administrative capacity by SUBRECIPIENT. For the purposes of this section, the tenn "immediate
family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and
stepchild. The tenn "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail,
postage prepaid, and addressed as follows:
TO CITY:
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT:
Santa Ana Historical Preservation Society
120 Civic Center Drive West
Santa Ana, CA 92701
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VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUB RECIPIENT pursuant to this Agreement.
IX. HOLD HARMLESS
SUBRECIPIENT shall indenmify, defend and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for loss of use of
property and for injuries to or death of any person or persons, including property and employees or
agents of CITY, and shall defend, indenmify and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all claims, demands, suits, actions
or proceedings of any kind or nature, including, but not by way of limitation, workers compensation
claims and including attorney fees and reasonable expenses for litigation or settlement, resulting
from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its
officers, directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor
workers' compensation coverage, it must execute a Declaration available from the CITY, and
update as is necessary.
B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial
general liability insurance, or equivalent form, with a combined single limit of not less than
$1,000,000 per occurrence.
Such insurance shall: (I) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insureds; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit
instituted arising out of SUB RECIPIENT's operations hereunder.
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SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement,
furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (b) provide that such insurance
shall not be materially changed or terminated except on 30 days prior written notice to the CITY;
(c) maintain such insurance for the period covered by this Agreement; and (d) replace such
certificates for policies expiring prior to the expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any
CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts
receivable attributable to the use ofCDBG funds. [24 CFR 570.503(b)(8).]
B. Any real property under SUBRECIPIENT's control that was acquired or improved
in whole or in part with CDBG funds in excess of $25,000.00 must either be:
1. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for
such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A above, SUBRECIPIENT
shall pay to CITY an amount equal to the current fair market value of the property less any portion
of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement
to, the property. Such payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the
terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment
which has been acquired in accordance with this Agreement and all applicable regulations is no
longer needed for said program, disposition of said equipment will be made as follows:
I. Items of equipment with a current per unit fair market value of less than
$5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or
more may be retained or sold and CITY shall have the right to an amount calculated by multiplying
the current market value or proceeds from the sale by CITY's share of federal funds used to acquire
the equipment, in accordance with 24 CFR 85.32(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder
or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's
right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or
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local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of termination of this Agreement for such period of time as CITY and/or HOD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HOD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (I) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
E. In the event this Agreement is terminated as set forth in subparagraphs XII.A.
through XII.D., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
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XIII. LIMITATION OF FUNDS
The United States of America, through BUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting BUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where BUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. Where CITY has reasonable grounds to question SUBRECIPIENTs fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with BUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are. not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
XV. LAWS GOVERNING mIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
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XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
CITY OF SANTA ANA
DATED:
DAVID N. REAM
City Manager
ATTEST:
APPROVED AS TO FORM:
PATRICIA E. HEALY
Clerk of the Council
JOSEPH W. FLETCHER
City Attorney
SUBRECIPIENT:
DATE:
Name:
Title:
Tax 10:
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Santa Ana Historical Preservation Society
Howe-Waffle House
Scope of Work
Painting:
Carriage House and Gazebo
A. Prepare wood structures for painting, including repair and sanding of all holes and
cracks.
B. Apply first grade flat enamel exterior paint to all siding and decking surfaces and
two coats of first grade semi-gloss enamel to all trim. Trim includes under eaves,
soffits, and fascia. Remove all overspray.
Porch and Step Repairs:
North Side Rear
A. Demolish existing northeast side rear porch.
B. Install new stairs to match the stairs located on the west and north sides of the
structure.
C. All materials shall be equal or better grade than existing.
Front Porch
A. Repair porch steps' treads, risers, and molding.
B. All material shall be equal or better grade than existing.
North Side Porch
A. Repair porch steps' treads, risers, and molding.
B. All material shall be equal or better grade than existing.
South side Rear
A. Repair porch and steps.
B. All material shall be equal or better grade than existing.
Air Conditioning Framing:
A. Frame in existing electrical and refrigerant lines for AlC located in the southern
bedroom.
B. Install y," drywall to new framing.
C. Prepare and paint new wall to match existing.
Exhibit A
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Budget
Santa Ana Historical Preservation Society
Howe-Waffle House
FY 1998-99 COBG Grant (Remainder)..... ............ .........$2,520
FY 1999-00 COBG Grant.. ...... ..... ...... ......... .......... ....$5,000
FY 2000-01 COBG Grant. ...... ......... ..... ....... ....... ...... .$5,000
FY 2000-01 COBG Re-allocation. ... ....... ..... ......... ... .....$2,480
Total COBG Grant............................................... ..$15,000
Payment to Sub-contractor for Historic Preservation........ .$15,000
Exhibit B
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Certification Regarding Lobbying
Certification for Contracts. Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language ofthis certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission ofthis certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization
Program Title
Name of Certifying Officer
Signature
Date
EXHIBIT C
Page I of2
-..
.,
SUBRECIPIENT warrants the following:
I. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of2
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Disclosure of Lobbying Activities
"> ~~. .,v,,~~.. . _, ~~_~ ~~
.;::;"~'~~~Q1~~~~~~!
Approved by OMB 0348-<l046
Complete this tonn to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse side for Instructions and P~ic Reporting burden statement)
1. Type of Federal Action 2- Status of Federal Action 3. Report Type
o a. contract o a. bid/offer/application o a.lnitial filing
b. grant b. initial award b. material change
c. cooperative agreement e. post-award For Material Change Only
d. loan year (my) quarter
e. loan guarantee
f. loan insurance date of last repcrt ("!"'dd!yyyy)_____
.. . ., If Reporting Entity In No. 4 Is Subawardee. enter Name and Address
Name and Address of Reporting Entity 5.
DPrime D Subawardee Tier . if known: of Prime
Congressional District. if known Congressional District, if known
6. FederalOeparbnenUAgency 7. Federal Program Name/Description
-
CFDA Number, Wapplicable
8. Federal Action Number, if known 9. Award Amoun~ W known
$
10a. Name and Address of Lobbying Registrant b. Individuals Perfonning Services (including address if different from No. lOa.)
(if individual, last name, first name, MI) (last name, first name, Ml)
(attach continuation sheet(s) if necessary)
13. Type of Payment (check an that apply)
o a. retainer
D b. one-time fee
D c. commission
D d. contingent fee
o e. deferred
o f. other (specify)
planned
11. AmountofPayment(checkaDlhatappfy)
$ actual
12. Form of Payment (check. aft that apply)
D a. cash
o b. in-kind; specify: nalure
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s). or Member(s) contacted,
for Payment Indicated in Item 11
(attach oontlnuation sheet's) if necessary)
15. Continuation sheets attached DYes D No
16.lnfonnation requested through this form is authorized by See.319,
Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10; Pub. L. 104- Signalure
65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities
is a material representation of fact upon which reliance was placed Print Name
by the above when this transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This Infonnation Title
will be reported 10 the Congress semiannually and will be available
for public Inspection. Any person who fails to file the required Telephone No.
disclosure shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Federal1Jse,COnly:. .
Authorized for Local Reproduction
Standard Form-LLL (7/97)
.- .
JJUL 26 '02 11: 26Ft! WILLDAi" ~14 940 63991'1N'l+CCI'I.1lEV TO
~ """
9'3406399 P. 2. 02
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PROJECTSPECIFICATlON/BI[ aLl MU'Mb ~
PROPERlY OWNER: Howe Waffle House
ADDRESS: 120 Civic Center Drive
PHONE NUMB~ (714)
02
DESCRIPTION OF STRUCTURE
l..>c SINGLE FAMILY
SF (IMng area):
Total SF:
Number of Bed"""",,:
. Number of Bathrooms:
Total # of Rooms:
FOUNDATION: Raised
GARAGE: Carriage House
MULTI FAMILY
NlJII1ber d Units I Mix:
EXT. WAll.S: Wood
ROOF: Composition .
CARPQRTS:
Code A . 1 st Pr1orl1y.
Code B . 2nd Priority:
Code C . 3rt! P1i~
PRIORITY CODES AND DEFINmOHS
He<ilth & Safety and Code 1Iem8. .
FUlUI'll Health & Safely I Malnterlance Items.
CosmeIIc lmprllv8menll.
WORK STANDARDS
1. All work performed by contractor WIll comply with all codes, ordinances, and standards
adopted by the City of Santa Ana.
2. Contnictdr shall obtain and pay for all required pennits and fees.
3. Contractor shaD provide all material. equipment, and labor lD complete the work items.
4. All work wiD comply with !heal! standards and practices used by that specific trade. .
5. All material used on the project will be new and standard construction grade unless
oth8IWise noted in the speclfications.
BIDDING PROCESS
1. This projcct will be funded with CDBG 1imds this requires the City to follow the Davis Bacon
regu1ati0ll;S.
2.' Please bill this project accooliDgly.
3. 'B1d.diDg Omll:lctOr5 must have previous exp<<i.=.ce bidding Davis Bacon regulated projects.
f:.XHf~Ir g
.'
,
::wc. 26 -'1i~t i[:26AM l.1YLCDAr-T """1.4 -~0 -~9FlNA+CCtl.!lEU TO
'-"
PROJECT SPEClACATlON" BID SHEET
Date: January 28. 2002
Proj umb.
...,
99406399 P. 3. 03
"1..1"1..J........
Dale
Owner (Signature)
Date
PAINl1NG. '
(CARRIAGE HOUSE &: G~O)
Ducription:
A. Prepare woac1_ fo< painting by waIcr blasting all areas. SCl'llpiDg olf all loose and peoIinc paint.
All holc.s and eracb in \l\'OOd shall be filled and sanded to a smooth paint ready surface.
B. Apply III mm cow:r.&lc of a firsl grade f1a1 ClIaII1Cl oxterior paiDt to all sidinllllCi d'''1<iDi 11lIUces. Apply an even
covenp of two eoatIof first pde. semi- gloss enamel paiDt to aU lrim. "Trim" incIudee IlN!eI' eava, IOffib, and
. fascia. :AlI ovulpl:a)' sba1I be removed. All areas around ~ shall be pro~ from over spm)'. Voids,
IUI1>, ana blislm willl10l be accqled!
A. All meIhods; and matc;ials used sbalI comply with Chapter 47 of !be Uniform Building Code.
NOTES:
I. . c...t>-lDl sliall ha~ 0_ IiiDIIDd date color UIIlPIoand IppI'OYIIIllIaDlpIe DE poiat applied to IIDIII area
~ of SIru_ prior opplicali.on of painL
MA,TFju,u,o,ECinCAnONS
a. Sidmg ~I
.M.~I'~ type 'Color
c. Labot
512:00 to 515.00' pilon
$12.00 10 $15.00' ga\lllIl
S '
Manuf'oclum' , type , Color
b.Trim
Owner's Si~:
-
TotalAmclllmS ?5"oo-
.
2
. .
:.ilL 26 '02 11:27f't1 WILLDR'" 714 940 6399~.1EU TO
'--'
PROJECT SPECIFICATION f BID SHEET
Date: Janu3/y 28. 2002
Project l\Ium
99406399 P ..4. 04
....,
'J./~o"",
DIte
Owner (Signature)
Dale
PORCR aad STEPS REP~
FY - 1999-00
Dcs<:ription:
1. North~ideREAR
A .Deololish existil111 norIMast side rear pOldL
B. 111&1all new sw.s TO match tbe IIain locaIlld on tbc west ad IIOrth side o!tbe IlnlGtUR.
C. All materials shall be equal or better pde !bon eadsting.
2 Front Porch
. A. Rep;.ir pccdlllop'.lrelIdI, rU.I ad .....!.l!loIa
! .
B. All ~ ~U'be equal <<better arade lIWI exlsliDg.
i
i
3. North side Porch
A. ~ porc:b 1lep'.ItudI, niIen and motdiDg.
a All materialllhaU be c~lII1 or beaiet padc 1bon exisliag.
4. South ~deRBAR
A. 'Rcpait pote\I~ '!cpI.
B. :All tIlI1erials SbaU be equal to or bener!bon c:xistiag.
MATERIAL SP~CIFlC.U:IONS
, .
L Malerial AllowaDce $
b. LabOt Costs
s
,
Ower', SipatuR:
,
..
Toll! MalllriaIIlld Labor Coats $ 3 .~
.
3
,.
:JUL 26 '02 11:2~ WILLDFI'! -'4 940 6399ft1Ro+Cll1.DEU TO
"-'
PROJECT SPECIFiCATION:' BID SHEET
Date: Janl/lllY 28.2002
Project Number.
.....,
99406399 P. 5, 05
"
~u>/.__
Date '
Owner (SlgrlaIure)
Date
AIR CONDmONlNG PROJECT
FY .1998-99
Description:
Premilli
;
A. Frame in ~timg .l~ and refriacram lilies for AJC Iocalcd in the southern bedroom
,
B. 1usta1l~.. d(ywan tel ~.w framing.
c. Prepare and paiol new wa11 to mat;h ~
MATERIAL SNCJFICAnONS
Co MatcNI AlloWIQCC S
cL I.2lior CostS
S
I.
Owcer'sS~;
-
TOTAI.AMOUNTS I, '12) -
NOTE:
,. . .
I, All ~'and ~ ....d 1halI comply with &ll Codes, Ol"'I;"o..- _1taadan!I u adopted by !be ,City of
SaDla~ ; ,
2. All apptQpriUe penNt. abal1 be obtaiDcd FiDr to work llanilll.
Qwno:r's Siplllre:
4
TOTALP.ffi
.'
.
,
.JO!:. 26 -'02- If:2"7AM WILLDAt-I -'4 940 6393A~.1lEU
'-'
, PROJECT SPECIFICATION 1810 SHEET
Date: January 28. 2002
Project Nf't ,. It-- / ,
Con1rllClor~ _
Tn
.."
99406399 P.,6.02
..J-uofD_
Date
Owner ($ignatl,Ire)
oatS
,
Total1ine Item Cost
Perm~ &. 'Fees
Overhead I Supeniision
Grand Total
-
S I', ....,
S .4 ~.. 1t,..J.. 1_..1.-
S , - .....1"".L.J~~~
- II.
s -~ HIS /"-1 ,~
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J ACpRq~ CERTIFIC/GE OF LIABILITY INSlC,ANCE DATE (MM/DDfYY)
<.
07/11/2001
PRODUCER (209)473-5023 FAX (209)478-0217 < II~ I~.~_I ~ '5 . A'."" """ ur "'UN
Truex Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 7276 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2291 W. March Lane, Suite 100A INSURERS AFFORDING COVERAGE
Stockton, CA 95267
INSURED Conference of CA Historical Societies. INSURER A: Hartford
dba: Santa Ana Historical Preservation INSURER B:
Society --
.- INSURER c:
120 Civic Center Dr W INSURER 0:
Sa~ta Ana CA 92701 INSURER E:
COVERAGES
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 RESPECTTQ 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~f~ TYPE OF INSURANCE POLICY NUMBER t'~Lfi(ri:;t8a'rm DATE (MMlDDfYY) LIMITS
GENERAL LIABILITY 57UUNGI551O-01 06/30/2001 06/30/2002 EACH OCCURRENCE $ 1,000,00~
~
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 300,OO~
\ CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 10 , OO~
A PERSONAL e. ADV INJURY , I,OOO,OO~
GENERAL AGGREGATE $ 2,000,OO~
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG $ 2,OOO,OO~
I .nPRO. n
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
-, (Eaaccident) ,
ANY AUTO
---j
ALL OWNED AUTOS BODILY INJURY
~ ,
SCHEDULED AUTOS (Per person)
-
I HIRED AUTOS BODILY INJURY
q NON.OWNED AUTOS (Peraccidenl) ,
PROPERTY DAMAGE $
I (Per accident}
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
~ ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
:~ ~EOUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I I' ER
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $
E.L. DISEASE. fA EMPLOYE $
E.L. DISEASE - POLICY LIMn .
OTHER 57UUNGI551O-01 06/30/2001 06/30/2002 Limit: $ 21,000
Business Personal
A Property Deductible: $" 500.
DESCRIPTION OF OPERATlONSJLOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
~enewal certificate. The City of Santa Ana, its Officers, agents, employees & volunteers are named
~s additional insureds as respects their interests in connection with the Insured's operations
Fonducted on City property.
CERTIFICATE HOLDER 1 1 ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY W1LLIOKX~ MAIL
City of Santa Ana - CDBG ....3..0..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
~J(IIlOOIH9IJCUKJ(~IIlIK!lOOlJIIll)QJ(K~)OIJ(X
M-25 Community Development Agency 1l~llK~~K~9Ol0llfJ{ft)(JIIl(WXKXXJ(XXXX
POBox 1988 M-25
Santa Ana, CA 92702 AUTHORIZED ~:NTATIV~ N~~
Richard ris ,,-. .
""",, -' ,.-.
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.
.
.
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ADDITIONAL INSURED ENDORSEMENT
'.....-....
,
I
:lnSurance Company Hartford Insurance Compa;w
This endmrsement modifies such insurance as is afforded by the provisions of Policy
# 57UUNG]5510 -01 relating to the following:
1. I The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701;
, .
its officer~1 employees, agents and representatives are named as additional insureds
("additionf31 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 nqt additional to or contributing with any other insurance carried by or for the
benefit o~ the additional insureds.
3. I 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. , T:1e
,
inclusion of ar1Y person or organization as an insured shall not affect any right which such
person at organization would have as a claimant if not so included.
4. , With respect to the additional insureds, this insurance shall not be cancelled,
or material!y 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 92701.
(Completion of the following, including countersignature, is reqUired to make this
endorsement effective.)
i
I
Effectiv, ,06/30/01
Policy #: 57UUNGI5510 -01
I this endorsement form as a part of
I
Issued to
Santa Ana Historical Preservation Society
Named Insured
Countersigned by
/?;.; j( ()A' S ~
',-"
_" _01'..'_ '...__F
--...'.....
ACORD CERTIFICr JE OF LIABILITY INS' ...., l\NCE DAT/EIMMlDDIVYI
'.,.., ......., 07 OS/2000
PRODUCER (209)478-5023 9)478-0217 '-'~ '''~~~''. ''-~.~ ,,'
. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Truex Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P . O. Box 72 76 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2291 W. March Lane, Suite 100A
Stockton, CA 95267
INSURED Conference of CA Historical Socletles
dba; Santa Ana Historical Preservation Soc.
14561 Livingston Street
Tustin, CA 92780
INSURERS AFFORDING COVERAGE
INSURER A:
Hartford
. .
INSURER B:
INSURER c:
INSURER 0:
. p
I
COVERAGES
INSURER E:
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 RESPECTTD WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE !ERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
'eTR TYPE OF INSURANCE POLICY NUMBER DATE IMMlDDIYY) ~~A'TE (MMlDDlYYl UMITS
GENERAL LIABILITY 57UUNGI5Sl0 06/30/2000 06/30/2001 EACH OCCURRENCE $ 1,000,000
-oc-
X COMMERCIAL GENERAlllABILlTY FIRE DAMAGE (Anyone fire) $ 300,000
I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 10,000
A , PERSONAL & AQV INJURY $ 1,000,000
-
GENERAL AGGREGATE $ 2,000,000
-:-::- PRODUCTS. COMPfOP AGG $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
I' .nPRO. n
POLICY JEer Loe
AUTOMOBIL.E LIABILITY COMBINED SINGLE LIMIT
---, (Eaaccident) $
ANY AUTO
---,
ALL OWNED AUTOS BOOlL Y INJURY
- ..~~~- $
SCHEDULED AUTOS (Per person) . .
- . . ... .
HIRED AUTOS ~ BOOll Y INJURY
- ~ $
NON-OWNED AUTOS t-~ (Per accident) -
r-
r- .........O~;'() b J>J PROPERTY DAMAGE $
(Per aCCident)
GARAGE LIABIUTY V' JC.r\ f.I"!>-'I.'I.0\1 AUTO ONLY. EA ACCIDENT $
R ANY AUTO c~~ ~'I.'l OTHER THAN "ACC $
., AUTO ONLY: AGG S
EXcess LIABILITY 'f!"" oJ.:: v ) EACH OCCURRENCE $
P OCCUR o CLAIMS MADE ( AGGREGATE $
"-- $
R DEDUCTIBLE $
I RETENTION $ $
WORKERS COMPENSATION AND I TORY LIMITS I IV.,,'
EMPLOVERS' LIABILITY E.L. EACH ACCIDENT $
E.L. DISEASE. EA EMPLOYE $
E.t. DISEASE. POLlCY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSllOCATIONSJVEH1CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
enewa 1 Certificate. The City of Santa Ana, its Officers, agents, employees & volunteers are named
s additional insureds as respects their interests in connection with the Insured's operations
onducted on City property.
CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRJBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWlLL~ MAil
City of Santa Anna-CDBG ....3.D.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
M-25 Community Development Agency JlIlJJI*X)(~KX~IIJ(~)(~XllXX
P. O. Box 1988 M-25 Il~JIlIC0@IXl'Il)(!QllXM~IO(J(XXXXX
Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE
Richard -Sarris
'<0'" \,,"/) IV" '"00
Tu
S:20S~?6tl2:7
r, UU.
P.02
:1..\ U."'.tc.J lll~l:" .tJULJ. .~:. ':'1 i. ,;-'Uj L~' ~~
JUl-22-1SSS 11:23 ~ROM C~7Y CF SANTA ANA~COM.DEv
(.- "
I
. ,
~.-
'........
\...../
-'.- - _.
1
I
I
I
I
I
I .
,I~urance Company Hartford Insurance Companv
I -
This erid~rsement modifies such insurance as is afforded by the provisions of Policy
# 57UUNG]5510 relating to the following:' , ,
i
1. i Tne City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701;
its officer~, employees, agents and representatives are nam~d as additional insured$
("additipn~1 Insureds") with regard to liability and defense 'of suits arising from the
operation~ and uses performed by or on behalf of the named insured. .
I '
2. I with respect to claims arising aut of the operations and uses perform~d by
or on be~alf of the named insured, such insurance as is afforded by this policy is primary
and is 'nqt additional to or contributing with any other insurance carried by or for the
benefit o~ the additional insureds.
I'
, "
3, i 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 pf 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. '
I ' .
I . .
. 4. I With respect to the additional insureds, this insurance shall not be can~lIed;
or materi*-lIy reduced In coverage or limits except after thirty (30) days written notic~ has
been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701'.
I ' . '
i
!
(Completion ofthe following, including countersignature.: is reqUired to make this
endorsement effective.) ,
I '
EffectiV,: 06/30/ ?OOO ' this endorsement form as a p~rt 01
pOlicy,#157UUNGI5510
, I'
"
Issued tf
.)w'
"'"
.
ADDITIONAL INSURED ENDORSEMENT
Santa Ana Historical Preservation Society
Named Insured W.? ~.
countersigned by t;!f ~
-:;-
I ltO 1?01\~it
ltii~GD~ j\.S' _
" ~~ ' Ec;~O~~ne~
'~ista(\t I (1-- "..f 1...)
JUN-14-2006 11:13 PM
GUY BALL
714 730 6140
P.li32
, .
[iiCORD", CERTIFICATE OF LIABILITY INSURANCE 105-1;'';006
THIS CERTIRCATE IS ISSUED AS A MATTER DF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I'RODUC!lt
TRUEX INS AGCY A CALIF
129006 P: (866)467-8730
PO BOX 33015
SAN ANTONIO TX 78265
CORP/PHS
F: (877) 905-0457
IN&UflfO
INSURERS AFFORDING COVERAGE
INsu....,Hartford Casualt Ins Co
INSURlR B:
INSURER C;
INSUREFI D:
INSURER E:
I SANTA ANA HISTORICAL PRESERVATION
SOCIETY
120 W CIVIC CENTER DR.
SANTA ANA CA 92701
COVERAGES
;.::~ REaUIREME~T. TERM OR C';,'NOIl~;;-N~F ".ANVy. roN~iiACT.OR' ~~'::'~I~~~~~E~~~IT"";;ESPECTTO"wHiCH':r"';CERTlFICATE MAV"BE i';Sl,nED'o;;~INU
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POucrES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REOUCED BY PAID CLAIMS.
'1'1.1'1 TYN: OF "IUItANa POUC'Y NUMII!" ~~ffM!Q',:g~~ ':...lfl~'::lJ'?r I .......
r!!NMAL UUIUTV I EACH OCCURRENCE .1 000,000
A COMMERCIAL GENERAL LIABIUTY 57 SBA AW4648 07/30/06 07/30/07 I "!If D....GElAny _"'1 .300,000
I CLAIMS MADE ~ OCCUR I MED EMP (Any on. ~r"l .10 000
X Business Liab i PERSONAl .. ADV INJURV .1 000 000
I GENERAL AGGREGATE .2,000,000
GEN'L AGGREGATE LIMIT APPlIES PER: PRODUCTS - COMPIOP AGQ .2-LOOO 000
I POLICY II j~.?T I-X-llOC
AUTOMO_E UAISlITV CDMIINED SINGLE LIMIT .1,000,000
- 07/30/06 07/30/07
A ANY AUTO 57 SBA AW4648 IhKCldent!
-
ALL OWNED AUTOS I BODILY INJURY I~
-
SCHEDUlED AUTDS fPflr par-.nl
rx HIRED AUTOS BODILY INJURY
rx .
NON-OWNED AUTOS (Pereccld.ntl
F
r- PROPERTY DAMAGE .
(PllttlCcid.nI1
ClARAQE UAIIUTY [ AUTO ONLY -EA ACCIDENT .
R ANY .UTO I OTHER THAN EAACC .
, AUTO ONt V: .GO .
UCUILlAlIlfTY EACH OCCURRENCE I.
P OCCUR U CLAIMS MADE ~ AGGFlEGATE I.
, c:1;tt t?" L I'
~ ~EDUCTI.LE .
RETENTION . / .
WORKMI eoM~NIATION AND I ~~v"[,1.iV.1 I Oll'-
eMPLOYEIII'LIAIIUTY
E.L. EACH ACCIDENT .
H. DISEASE - fA EMPlOVEE .
E.l. DISEASE - POLICY LIMIT .
Ont..
DBCInPTION OF OPlRATlaNlflOCATlDNINIUUCLUIEXCLUttoNI ADDB) 8Y rHDOlUlMENTlIl'f;ClAL f"IIOVI'ION.
Those usual to the Insured's Operations. The Community Redevelopment Agency
of the City of Santa Ana, its officers, employees, agents, volunteers and
representatives are Additional Insured.
E HOLDER AD.DmoNAL INIUIllD; INIU(IIflI UTTU: ~ CA
SHOULD ANV OF THE ABOVE DESCRIBED POUCIES DE CANCEllED BEFORE THE
City Of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAil
30 DAYS WRITTEN NOTice (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
Community Redevelopment Agency HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHAll IMPOSE NO
M25 PO BOX 1988 OBLIGATION OR lIABIUTY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENT A TIVES.
Santa Ana, CA, 92702
A~r.t~j~ ,
ACORD 26-S (7/97)
c ACORD CORPORATION 198B
l
L
-
--
-
-
-
-
-
-
....
-
-
-
-
-
-
-
-
-
-
-
-
!!!
-
-
-
-
-
-
-
-
. !!!!!
-
-
-
-
-
-
-
-
-
-
-
-
-
.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGE
l
This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated
below:
,.,
N
'"
U)
N
Policy Number: 57 SBAAW4648 DX
COpy
r--
<>
N
<>
00
""
'"
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<>
<>
<>
rl
N
.
Named Insured and Mailing Address; SANTA ANA HISTORICAL
PRESERVATION SOCIETY
120 CIVIC CENTER DRIVE WEST
SANTA ANA CA 92701
Policy Change Effective Date:
07/30/06
Effective hour is the same as stated in the
Declarations Page of the Policy.
Policy Change Number: 001
Agent Name:
Code:
TRUEX INS AGCY A CALIF CORP/PHS
129006
POLICY CHANGES:
ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING
STATEMENT.
THIS IS NOT A BILL.
NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE
BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED
ADDITIONAL INSURED(S) ARE ADDED
THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN
THIS POLICY.
LOCATION 001 BUILDING 001
PERSON/ORGANIZATION: SEE FORM IH 12 00
FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE:
IH12001185 ADDITIONAL INSURED - PERSON-ORGANIZATION
PRO RATA FACTOR: 1.000
THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN.
Form 55 121104 05 T
Process Date: 07/12/06
Page 001
Policy Effective Date: 07/30/06
Policy Expiration Date: 07/30/07
uw COpy
nml
HARTFORD
The Hartford
Fax Cover Page
To:
From:
Date:
Ray
Duran, Laura (Comm Lines, San Antonio/Center)
Ju117,2006
Re:
Pages:
6
(Including the Cover Page)
< <c1torms. thehartford. co m-. tit> >
"""This transmission and/or attachment(s) contain information which may be confidential and/or privileged.
The information is intended for the use of the individual or entity named on this transmission. If you are not
the intended recipient, any disclosure, copying, distribution or other use of this communication is prohibited.
If you have received this communication in error, please notify the sender to arrange for retrieval of the
original communication and/or attachment(s). Thank You. """
The Hartford Finandal Services Group
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will nol pay expenses for "bodily injury":
a. Any Insured
To any insured, excepl "volunteer workers".
b. Hired Person
To a person hired 10 do work for or on behalf
of any insured or a lenanl of any insured.
c. Injury On Normally Occupied Premises
To a person injured on lhal part of
premises you own or renl lhallhe person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whelher or nol an
"employee" of any insured, if benefils for
lhe "bodily injury" are payable or musl be
provided under a workers' compensalion
or disability benefils law or a similar law.
e. Athletics Activities
To a person injured while praclicing,
inslrucling or participaling in any physical
exercises or games, sports or alhlelic
conlesls.
f. Products-Completed Operations Hazard
Included wilh lhe "producls-completed
operations hazard".
g. Business Uability Exclusions
Excluded under Business Uability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
1I1eir spouses are also insureds, but only with
respect to 1I1e conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only WITh respect to lhe conduct of your
business. Your managers are insureds, but
only WITh respect 10 lheir duties as your
managers.
d. An organizalion olher than a partnership,
joint venlure or limiled liability company, you
are an insured. Your "executive officers'l and
directors are insureds, bul only WITh respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
WITh respect 10 lheir liability as stockholders.
e. A trust, you are an insured. Your truslees
are also insureds, but only wilh respect 10
lheir dulies as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
lhan eilher your "execulive officers" (if you
are an organizalion olher than a
partnership, joinl venture or limiled liability
company) or your managers (if you are a
limiled liability company), bul only for acls
wilhin lhe scope of lheir employmenl by
you or while performing dulies relaled 10
lhe conducl of your business.
However, none of these Ilemployees" or
"volunteer workersll are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, 10 your partners or
members (if you are a partnership
or joinl venlure), to your members
(if you are a limited liability
company), or 10 a co-"employee"
while in lhe course of his or her
employmenl or performing duties
relaled to the conducl of your
business, or to your olher
"volunteer workersll while
performing dulies relaled 10 lhe
conducl of your business;
(b) To lhe spouse, child, parenl,
brolher or sisler of lhat co-
Ilemployee" or that Ilvolunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which lhere is any obligalion
10 share damages wilh or repay
someone else who musl pay
damages because of lhe injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising oul of his or her providing
or failing to provide professional
heallh care services.
If you are no1 in lhe business of
providing professional heallh care
services, Paragraph (d) does not apply
10 any nurse, emergency medical
lechnician or paramedic employed by
you 10 provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
Page 10 of 24
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employeesll, "volunteer workersll,
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
I1volunteer worker"L or any organization
while acting as your real estate manager.
c. Temporary Custodians 01 Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative 11 You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative wili have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
appiy to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator 01 Mobile Equipment
With respect to "mobile equipmenf' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway w~h your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only w~h respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
w~h respect to:
a. "Bodiiy injury" to a co-"empioyee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator 01 Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through 1. below are add~ional
insureds when you have agreed, in a written
Form SS 00 08 04 05
Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only wrth respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular oourse of the vendor's
business and only if this Coverage Part
provides ooverage for "bodily injury" or
"property damage" included wrthin the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(1) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (1); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
oourse of business, in
oonnection with the distribution
or sal e of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or oontainer,
entering into, acoompanying or
oontaining such products.
b. Lessors 01 Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury't, "property damagetl or
"personal and advertising injuryll
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Page 12 0124
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
l1occurrence" which takes place after
you cease to lease that equipment.
c. Lessors 01 Lsnd Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or prem ises
leased to you,
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not appiy to:
(a) Any "occurrence" which takes
place after you cease to I ease that
iand or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any arch~ect, engineer, or surveyor, but
only w~h respect to liability for "bodily
injury" I "property damagell or "personal
and advertising injuryll caused, in wrole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your beha~,
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
I1personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products-
completed operations hazard",
1. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
llproperty damage II or "personal and
advertising injury' caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products-
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products-
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
I'Bodily injury", "property damage" or
"personal and advertising injuryU
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Form SS 00 08 04 05
Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawi ngs, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
This General Aggregate limit does not
apply to "property damage' to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one Iloccurrencell is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
anyone person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
S. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liabi lity Coverage for damages because of
"property damage" to anyone premises, while
rented to you, or in the case of damage by fire,
lightning or explosion. while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the ruies below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or Ilsuits" brought; or
c. Persons or organizations making claims or
bringing "suits'l,
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard' is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage II or Ilpersonal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
Page 14 of 24
Form SS 00 08 04 OS