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HomeMy WebLinkAboutRICK HAMM CONSTRUCTIONAGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effecQ?? ? ? ? ? ? ?® ",-T N P,%A Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you l?`#ng ue`stions;? CfyL A -------------- The agreement with No. N- aRCQV- 080 was completed on 6-Y' 14 p `7 and final payment has been made. Department: Signature: /?p?,? ?,?t -?S Date: OHLcq 6Z2I0 City of Santa Ana Clerk of the Council Revised 06-01-07 INSURANCE ON FILE WORK MAY PROCEED UI'lTIL INSU~NCE EXPIRES fl.-/S~Of t VIle..: 8'1-0'1 ClERK OF COONC "TE: '1- 'J.O- 07 O' COA (2) . Go.'o,/ Lomeli N-2007 -080 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 26th day of June 2007 by and between Rick Hamm Construction, a California corporation (hereinafter "Consultant"), and the Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic (hereinafter "Agency"). RECITALS A. The Agency desires to retain a consultant having special skill and knowledge in the field of minor building renovation. B. Consultant represents that Consultant is able and willing to provide such services to the Agency. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES This is an agreement for on-call services, as needed basis for minor building renovations, including but not limited to, sign and awning removal, landscape removal and patching. Consultant shall be informed by the Agency of each pending project. Consultant shall reply, in writing, within five working days with a formal bid. The bid shall include compensation requirements and time frame as to when the project shall be completed. The Agency has the discretion to accept, reject or negotiate with Consultant and shall do so in writing executed by the Executive Director. 2. COMPENSA nON a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in each bid submitted. The total sum to be expended pursuant to this Agreement shall not exceed $10,000 during the term of this Agreement. b. Payment by Agency shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to Agency accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by Agency. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008 unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director ofthe Agency and the Agency General Counsel. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis Agreement, be construed to be an independent contractor and not an employee of the Agency. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, ajoint venture relationship, or to allow the Agency to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the Agency, the City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $ 1,000,000 per occurrence. Consultant shall supply Agency with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the Agency Counsel. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $ 1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $ I ,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the Agency upon execution ofthis Agreement and shall be approved in form by the Agency Counsel. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the Agency. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Agency with required proof that insurance has been procured and is in force and paid for, the Agency shall have the right, at the Agency's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnity the Agency for any work performed prior to approval of insurance by the Agency. 6. INDEMNIFICATION Consultant agrees to and shall indemnity and hold harmless the Agency, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages,just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnity, hold harmless, and pay all costs for the defense of the Agency, including fees and costs for special counsel to be selected by the Agency, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Agency may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the Agency information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the Agency. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To Agency: Community Redevelopment Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6549 With courtesy copy to: Agency General Counsel City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Rick Hamm Construction, Inc. 201 W. Carleton Avenue Orange, California 92867 Telefacsimile (714) 532-]078 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the Agency and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the Agency and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the Agency. 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Agency and any such assignment, transfer, delegation or subcontract without the Agency's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the Agency's ability to have any of the services which are the subject to this Agreement performed by Agency personnel or by other consultants retained by Agency. 12. TERMINATION This Agreement may be terminated by the Agency upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the Agency shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the Agency all work product completed as of such date, and in such case such work product shall be the property ofthe Agency unless prohibited by law, and Consultant consents to the Agency's use thereof for such purposes as the Agency deems appropriate. b. Payment need not be made for work which fails to meet the standard ofperfonnance specified in the Recitals ofthis Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. GOVERNMENT LAWS AND REGULATIONS The Consultant shall carry out the work undertaken pursuant to this Agreement in conformance with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, or any other political subdivision with jurisdiction over property within the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, the Consultant or the Property, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and federal labor standards, applicable prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they apply to work undertaken pursuant to this Agreement, and all other provisions of the City and its Municipal Code (as they apply to work undertaken pursuant to this Agreement), and the Unruh Civil Rights Act, Civil Code ~ 51 et seq. 16. 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 ofthis Agreement, and shall indemnity Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully set forth in the body ofthis Agreement. II II IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: / c/~ PATRICIA E. HEALY Secretary APPROVED AS TO FORM: JOSEPH W. FLETCHER Agency General Counsel BY:~CAC~ Laura heedy Assistant Counsel . CITY OF SANTA ANA ~N1'~ ~ DAVID N. RE { City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA vrtevn . .~ f Muu0 pltSTEPHEN ~ ARDING Executive Director RICK HAMM CONSTRUCTION, INC. kL~ RICK HAMM President TAX ID: 33-011-303, EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf ofthe named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit ofthe additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of 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.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative .. ~~ WW~_ p. L UL 1 Date (mmfddfyy) Producer ChllriseMll'j 5/29/200 I THIS CERTIFICATE IS ISSUED AS A MAl Tn~ OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THt. GI'RTlflCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. tXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES B~lO'N. GarretVMosierfGriffithfSistrunk Ins. Services 12 Truman Irvine CA 92620 (949)559-6700 . www.garrett-mosler.com 0B84519 N'~007-()80 INSUJ:ER Gemini Insurance Company (CRC-Sterling West) INSl"'. General Insurance Co (Salem) Insur INSU~Efl Rick Hamm Construction Inc. INSU~ ER 201 West Carleton Avenue Orange CA 92867 rNSU~ER THE OF INSURANC LISTED B lOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV H POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEROIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDJCoD BY PAID CLAIMS. POLICY POLICY EffECTIVE EXPIRATION D,\TE DATE: ) MMI 0 Y NS. LTR TYPE Of INSURANCE POLICY NUMBER GENERAL LlABIUTY A C~MERaAL GHERAl LIAR VCGP013929 ClAIMS MADE 00CCUR 2/15(.'007 2/15/2008 B lOC 24CC0329633 2/15/:~007 2/15/2008 GARAGE LIABiliTY ANY AUTO EXCESS LIABILITY OCCUR 0 ClAIMS MADE Ai :~11..0 './B0 DED.)CTlBLE RETENTION S WORKERS' COMPENSATION & EMPlOYERS' liABILITY .. ~' <{fiLL -- . c [",l AS.:i15Wi1t Ci Y t\i;,T ';1. DES RPTION OF OPERA110NS/LO ATI NSNEHICLE EXCLUSION ADDEO IlY ENDOFSEMEN IS CtAL PR VI IONS LIMITS EACH OCCURRENCE , nRE DAMAGE (An . one fire S MfOEXP' O~ ""'" s 5000 PERSONAL,," ADV INJlIRY , 1 0000 GENERAL AGGREGATE: , 00 PROOUCTS-COMP/'JP AGG , 000 0 , COMBINED SINGLE u....rr , 1 000 000 BODilY INJURY (Pe-rpersonJ , BODILY INJURV (Peraocldent) , PROPERTY DAMAC [ (Pffllcddenl) , AUTO O~ V . fA ACClOfNT , OTHER THAN EAAC , AUTO CM.Y' AG , fAD-! oCCURREN( E , AGGREGATE: , , , , STATUTORY UMll H El EACH ACCIDENT , El DISEASE. EA EMPlOYEE , El DISEASE. PilleV LIMIT , Cert holder is included as additional insured under general liability per attached endorsement lorm Vi001820304 but only il required under written contract, subject to all policy terms and cc ndrtions. ' City of Santa Ana Community Development Agency its officers, agents, employees & volunteers Attn: Gaby Lomelli PO Box 1988 M.25 Santa Ana CA 92702 SHOULD ANY OF THE AIlOYE DESCRIBED POLICIES BE CANCEUED BEFORE THE EI(PIRATK)N DAlE THEREOF. THE ISSUING COMPANY Will ENDEAVOR 10 MAil _ ~__~_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lI:FT. BUT FAILURE TO MAtL SUCH NOllel S~iAl( tMPOSE NO OBUGATlON OR lIABIlIlV OF ANY KIND UPON THE COMP."NY, ns AGENTS OR REPRE- SENTATIVES. "10 Days for Non..paymerlt of Premium AJTHORllID RPRESENTATlVE ----0.,~----".. . \- r'/_ ...... "< CLf-.J..- -- '---- ~ ," IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the poJic.y(tes} must be endorsed. A statement on this certificate does nat confer rights to the certificate holder in lieu of such endQfsement(s). If SUBROGA liON IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate llces not confer rights to the certifICate holder rn lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this lorm does not constitute a contract betw2:en the issuing insurer(s). authorized representative or producer. and the certificate holder, nor doe~; it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thewoll. ~ ''') {)'I i;D AS TO FOiU\tl ~ .';""- '. . ....~ _LlfJ~a-- -"--L~Ll;rd Sl.tt Si.,~;:;Jj ACORD 25 (2001108) _, - . ~ '" '" ttOl';' i~V A. ~,' l~, lEr~~d j~ ~w.e C;;tSoNlINE.COO1 ,. Policy Numh." VCGP013929 InmredName: Rick Hamm Construction Inc. Number: VE 0181 03 04 Effectivt Dnte: 5129/2007 THIS EI\'DORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE [?VLL Y. BLANKET ADDITIONAL II\SURED ENDORSEMENT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERA 110"lS LIABILITY COVERAGE PART A. Section II - Who is An Insured is amended to include as an insured any person or organization for whom you are perforrning operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy Such person ('r organization is an additional insured but only with respect to liability caused by your ongoing operations performed for that insured. A person's or org,mization's status as an insured under this endorsement ends when your operations for that insured are completed, This insurance does not apply to liability caused by the sole negligence of any additional insured. R With respect to the insurance afforded to these additional insureds, the following additional exclusions applies: This insurance does not apply to: L The preparing, approving, of failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and L Supervisory, inspection, architectural or engineering activities. AI A,S ~J/3 L ; :": r~;:' (;1. ~.;--;;~.~~~ /- Page 1 ofl A\.jl~.L;"L L'il'j; /-\ltc'r'-,~' ACORO- ~1~J!F.ii~j.t;'V ~~~:ff4t:~. , Producer Andraw Yount 'F&.-"r'~"";~i~~\1.}~;~i~iil~ij~:~itR,~~i:~f" Date (mm(~d/1Y) ~. 1<~"~'- .~~~~!.~ll,U-';;~~~~ 5/29/2007 THIS CERTWICATE IS ISSUED AS A M,A_TTER OF INfORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. nus CERTIFICATE DOES Nor AMEND, EXTEND OR ALTER THE COVERAGE AffORDED BY THE POUCIES BELOW. Kimbrell Insurance Agency 950 E Katella Ave.. ~ Orange 714-538-8723 www.Kimbrell-insurance.com 0619648 CA 92867 INSIJRER Truck Insurance Exchange \ lNS'JRER I INSJRER C INSJRER Insur-&d Rick Hamm Construction Inc. 201 Carleton Orange CA 92867 INSR TYPE OF INSURANCE POLICY NUMBER LIMITS LT" GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENlRAL LIAS fIRE DAMAGE "_tire) $ CLAIMS MADE OOCCUR MID EXP (M 0f1I!' $ PERSOIMt. " ADV INJURY . GENERAL AGGREGATE $ PIIODUCTS.COMPfOP AGG . LOC $ COMBINED SINGLi UMIT $ BODILY INJURY (Pet person) . 800ll Y INJURY (PwleeidWtt) . pROKRTY DAMAGE: (P&r1Ccldlnt) $ GARAGE lIABILJTV AUTO ONLY, EA ACCIOENT . ANY AUTO OTHER THAN EAACC ~ UTO ONLY: AGe . EXCESS UABllITY fACH OCCURREhlCE . OCCUR o CLAIMS MADE AGGREGATE . $ OEOOCTlBU . REl"ENT~NS . A WORKERS' COMPENSATION & 820094453 8/1/2006 8/112007 STATUTORY LIMIT THt .>~f~~;,:' EMPlOYERS' LIABILITY El EACH ACCIO€NT . 1 El DISEASE. EA [MP\.OYEE" . 1 El DISEASE: - PCUCV LIMIT . DE RIPTlON. OF OP CA IONS EHI LES X l A[)[) B ENDORSEM r'PR()\lbL 1\.',:, i-'(; i:~-~d) l' IA IOV7k ~...23 Laur~~~:~';-'. ;~---'''",~Jj ._~- AS';:lstant L\ry Attorr"ey ~El'{;ij(iil'iY,'" P.O. Box 1988 M-25 Santa Ana CA 92702 . -~ ~ _~ . . _ ,_. -: _", ' ~'t. -r ~. ~ ~~ .~~ ~~, SHOULD ANY OF THE ABOVE DESCRIBED pOUCtES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAil ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR llA8lUTY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRE- SENTATIVES. "'10 D.y. for Non-P.yrrwmt 0' PremIum UTt<<>RtZED IlEPRESfNT ATIVE City of Santa Ana Community Redevelopment Agency ~~~