HomeMy WebLinkAboutDOUBLETREE HOTEL SANTA ANA/ORANGE COUNTY AIRPORT 6 -2007INSURAIVeE ON FILE
WORK MAY PROCEED
UNTII. INSURANCE EAPIRE9
5-1-0~
CLERK OF COUNCIL
DATE: I z-5-o~
SPECIAL EVENT AGREEMENT
N-2007-138
b ~. Po~icG ~~'- ~~~
~05~ Go,.,~,.les HIS AGREEMENT made and entered into this 23`d day of October, 2007 by and
between the Doubletree Hotel Santa Ana/Orange County Airport (hereinafter "Doubletree"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
holding special event banquets.
B. Doubletree represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Doubletree represents that it is
knowledgeable in its field and that any services performed by Doubletree under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OE SERVICES
Doubletree shall provide event services, including catering, servers, sound system and
facility, as set forth in Exhibit "A" attached hereto, for the Santa Ana Police Department
Awards Banquet to take place at the Doubletree Hotel Santa Ana/Orange County Airport,
on April 11, 2008 (hereinafter "said Event"). Doubletree services shall include:
• Use of the Champagne Ballroom.
• Provide tables, seating and equipment, including the sound system and podium;
• Catering of the event, including preparation and service, for approximately 300
people;
• Cash bar with bartender
• Parking, including valet parking
• Set up, take down and clean up of said Event.
2. COMPENSATION
a. City agrees to pay, and Doubletree agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended pursuant to this
Agreement shall not exceed $25,000.00 during the term of this Agreement.
b. City shall make payments and deposits as set forth in Exhibit A. 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 City.
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 11, below. The term of this
Agreement maybe extended upon a writing executed by the Chief of Police and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Doubletree shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Doubletree performs the services which are the subject matter of this Agreement; however, the
services to be provided by Doubletree shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Doubletree 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, Doubletree shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Doubletree shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insureds) 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 Doubletree'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. Doubletree shall supply City with a fully executed additional insured endorsement
in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Doubletree, if Doubletree 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, Doubletree agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Doubletree
pursuant to this section:
(i) Doubletree 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 City upon execution of
this Agreement and shall be approved in form by the City Attorney.
d. If Doubletree fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement.
6. INDEMNIFICATION
Doubletree agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, 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 Doubletree or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement. Doubletree further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party 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. City may make all reasonable decisions with
respect to its representation in any legal proceeding.
CONFIDENTIALITY
If Doubletree receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Doubletree 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.
8. 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 City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copy to
Chief of Police
60 Civic Center Plaza (M-97)
Santa Ana, California 92701
facsimile (714) 245-8007
To SAPAEC: Doubletree Hotel
Catering Services
201 East MacArthur Blvd.
Santa Ana, California 92707
facsimile (714) 825-3320
Atm: Tori Dileno
Catering Manager
9. EXCLUSIVITY AND AMENDMENT
This Agreement, with the attached Exhibit A, represents the complete and exclusive
statement between the City and Doubletree, and supersedes any and all other agreements, oral or
written, between the parties. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Doubletree. 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 Doubletree nor the City.
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.
10. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Doubletree,
Doubletree may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any ofthe services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
11. TERMINATION
This Agreement may be terminated by the City upon ninety (90) days written notice of
termination, as set forth in Exhibit A.
12. DISCRIMINATION
Doubletree 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. Doubletree affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
13. 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 of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
14. MISCELLANEOUS PROVISIONS
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
2007.
ATTEST:
PATRICIA E. HEALY
City Clerk
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
n
'1
By:
Lau a Sheedy
Assistant City Attorn
RECOMMENDED FOR APPROVAL:
r ~--.
PAUL M. WALTERS
CITY OF SANTA ANA
l
DAVID N.
City Manager
DOUBLETREE HOTEL
SANTA ANA/ORANGE
COUNTY AIRPORT:
TORI DELINO
Catering Manager
Tax ID#
day of
Chief of Police
~~
DOUBLETREE
HOTEL'
5nn rn ANn
OanncE Counrv Aixroar
CATERING EVENT CONTRACT
Prepared on July 20, 2007
Commander Jose Gonzales
SANTA ANA POLICE DEPARTMENT
60 Civic Center Plaza Police Department / M-96
Santa Ana, CA 92702
Dear Cpl. Gonzales:
The DoubleTree Hotel Santa Ana/Orange County Airport is honored to be hosting your up
coming event. A satisfied customer is our goal. We will strive to provide you with service that
exceeds your expectations.
FUNCTION SPACE:
Based on your requirements as you have indicated them to be, the DoubleTree Hotel is
pleased to offer the following arrangement for your program: Specific meefing room(s) cannof
be guaranteed and are subject to change.
Date Time Event Set Up Attendees Room
Rental
April 11, 6:00 PM - Cocktail Other 300 $0.00
2008 7:00 PM Rece lion
April 11, 6:00 PM - No Host Bar Other 300 $0.00
2008 11:00 PM
April 11, 7:00 PM - Dinner Rounds of 10 300 $0.00
2008 11:00 PM
PAYMENT ARRANGEMENTS:
A non-refundable deposit of $1,000.00 is required to reserve requested date and space on a
definite basis and begin the planning of your special event.
At this time, a form of payment is requested for our Accounting file. For your convenience, a
credit card authorization form has been included for completion and placed with our Accounting
file as a guarantee form of payment. Your event's balance must be paid in full three (3) days
prior to your arrival. All deposits and payments are non-refundable and will be applied towards
your final balance as satisfied.
MINIMUM GUARANTEE:
Based on the approximate number of guests set forth above, the minimum revenue guarantee
in food and hosted beverage outlined below is required for the contracted space to be reserved
for your event. It is agreed by both parties this amount is a financial commitment that SANTA
ANA POLICE DEPARTMENT is responsible for:
MINIMUM REQUIRED REVENUE: $7,600.00
This minimum revenue does not include (21%) service charge, (7.75%) sales tax, labor
charges, audio visual, or any other miscellaneous charges incurred. Should your final count
drop below the approximate number of guests listed above, we will be happy to advise you on
additional alternatives in food and beverage which will bring you to the agreed upon minimum
revenue figures for your function.
FOOD & BEVERAGE:
The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to offer a 10% discount
on the dinner entree for the SANTA ANA POLICE DEPARTMENT.
The DoubleTree Hotel Santa Ana/Orange County Airport will set up (1) cash bar. In the
event that the minimum bar guarantee of $400.00 per bar is not achieved, a labor charge of
$75.00 plus 21 % service charge and 7.75% sales tax per bar will apply.
CANCELLATION CLAUSE:
The client agrees that should it cancel its event for any reason, including changing its meeting
site to another hotel, that the DoubleTree Hotel Santa Ana/Orange County Airport will suffer
damages. The closer in time to the date of your event that a cancellation occurs, the less likely
it is that the DoubleTree Hotel Santa Ana/Orange County Airport will be able to replace any or
all of your business with comparable business.
Cancellation between date of signing until six (6) months before event date: 10%
Cancellation between six (6) months and four (4) months before event date: 25%
Cancellation between four (4} months and (2) months before event date: 55%
Cancellation less than (2) two months before event date: 75%
Cancellation with in 30 days of your event will be: 100%
GUARANTEED ATTENDANCE:
In better preparation for private functions, a confirmation of your final attendance will be required
no later than 10:OOAM (3) working days prior to the commencement of the function. This
number will be considered a guarantee, not subject to reduction, and charges will be made
accordingly. The Hotel cannot be responsible for service to more that five (5%) percent over the
guarantee for groups of 400 and above; and three (3%) percent for groups of 399 and below.
SERVICE AND LABOR CHARGES:
All purchases, charges and fees are subject to a 21 % service charge and 7.75% sales tax.
FOOD CONSUMPTION:
In order to control the quality of products served on our premises, and to ensure that all legal
requirements concerning health department and governmental regulatory agencies are met in a
professional manner, we must insist that no food or beverage to be brought into the facility or
removed from the facility by the patron or any guests or invitees of any function. Buffet dinners
are limited to 30 minutes of service after the last table is served.
PARKING:
The DoubleTree Hotel Santa Ana/Orange County Airport is pleased to provide the ultimate in
conveniences with our automobile Self and Valet Parking services for your guests. The current
per day charge is $10.00 per vehicle for Non-Hosted Valet and $8.00 per vehicle for Hosted
Valet. Self parking is complimentary upon availability. Overnight parking is not included in this
rate. Parking rates are subject to change without notice.
UNATTENDED ITEMS:
The DoubleTree Hotel Santa Ana/Orange County Airport will not assume or accept any
responsibility for damage to or loss of any merchandise or articles left in the hotel prior to,
during or following the SANTA ANA POLICE DEPARTMENT'S function.
FOOD & BEVERAGE:
CHATEAU DUET
Ceasar Salad with Garlic Croutons
Warm Rolls & Butter
Sliced Beef Tenderloin with Bearnaise Sauce and Tender Breast of Chicken with Madeira Sauce
Garlic Mashed Potatoes
Green Beans Amandine
Chocolate Velvet Bombe
Coffee, Decaffeinated Coffee, Hot Herbal Tea & Iced Tea
$40.50 per person
VEGETARIAN OPTION
Grilled Vegetable Polenta Lasagne
$40.50 per person
BANQUET ROOM SPACE:
The SANTA ANA POLICE DEPARTMENT's function will be held in the entire Champagne
Ballroom.
BANQUET SETUP:
(1) 30" x 12' Registration table -Draped and Skirted
(2) Cash Bars -Pre-Function and Gallery Area
(2) 8' x 24' Riser (1 @ NC, 1 @ $800.00 plus 21 % service charge and 7.75% sales tax)
(1) 8' x 6' Riser @ $200.00, plus 21 % service charge ad 7.75% sales tax
(4) 6' Tables -Draped and Skirted on Riser
(1) Podium @ $65.00, plus service charge and sales tax
(1) Microphone: Wired on Podium @ $35.00, plus service charge and sales tax
(1) 10' x 10' Roll Up Screen @ $125.00, plus service charge and sales tax
DAMAGES:
SANTA ANA POLICE DEPARTMENT agrees to be responsible for any damage done to the
function room or any other part of the Hotel by the customer, his guests, invitees, employees,
independent contractors or other agents under customer's control.
PERMITS AND LICENSES:
In the event that SANTA ANA POLICE DEPARTMENT's function requires a permit or license
from any governing body (local, state or federal) customer is solely responsible for obtaining
such license or permit at the expense of SANTA ANA POLICE DEPARTMENT.
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REVISED ESTiMATEI~ CHARGES
PC1R
SAN`1'A A'VA PpLICE IaIPARTRIENI'
AlIti2DOR
(360) Chateau Duet u",z $TD.Sp per pexsan 5 ] 2,1.7D.66
{I} $' x 24' Riau (a~ 580D.p0 each 5896.09
(1) 8' X 6' Riser'~Ja 52~.tJ0 each $296.60
(1} Watd,Microphanc(n, 335.DOeach 335.90
(3} Podimn ~ S66.W each S6S.00
(1} 10' x 30" Rolf Up 3cmeo('a S 12<.00 each ~,32j.OD
Sub-Toted 533,375.04
Sarvfce Charge (a} 2.1°l0 52,808.95
Sates Tax Ua 7.75°/a ~,3 2.5
Sub-Total 317,437.44
(359)HostedValetPazkinga~$800.p0percar ~1~20Q.Qp
Estimated Tata1 51$,637,94
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EXHIBIT B
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:
1. 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 of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies sepazately 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 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
10
Date. 11/12/2007 01:27 PM Sender's Fax ID.
From At: Heffernan Insurance F~eID: Hefkrnan Insurance To: Paafic HoEpdality Group, Inc
Page 2 of H
Date: 11/12Q007 11:10 AM Page:2 of 8
ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID Z OATE (MM!°pIYYYY)
PACI009 11/12/07
~OOUCEH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORPAATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(PA) Heffernan Insurance Brkrs HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1806A Embarcadero Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Palo Alto CA 94303 .
Phone: 650-842-5200 Fax: 650-642-5201 - INSURERS AFFORDINU COYERAOE NAICN
INSUgED
Pacific Hospitality Group, LLC
Im
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l G 'NS°NERA: CNA
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roupp, LLC
dba Docbletree Hotel Santa Ana INSUflER e; n~rL~n c„~,,,i„ L I,;,s,L,xr
-- ~- -
.- -
Orange County Airport
201 E
t INSU RER C:
- ~-
as
MacArthur Blvd.
Santa Ana CA 92707 INSUREq D: _ -
INW REfl F.
TIIE PJLILIES OF !NSURANCf LISTED BELOW RAVE BEEN ISSUED TO THE INSJRFJ NAMED gl'AVE FOR THE PCL~CV PE Ri001NJIGATE D. NOTWITHSTANDNG
ANY REOUIREMCM, TERN Ofl CCNDIi ON CF ANV CONTRACT OR OTHER OOCUMEN$ W TH RESPECT TD VrIF11CH THIS CERTIFICATE MAYBE 155JEa OR
MAY°ERTA N. TIL INSURANCE A-FOR0.J BY THE POLICIES^-SC ii BEO HERB IN SSUa ECT TO AJ_THE TERMS.E%CLOSIONS qNO CON JTIOIV$CF SUCH
POLICI=S. AGGREGATE LIMT$ SHOWN $IAV Hg6E BEEN REDDCEJ BY PNJ CLAMS.
L1R $q T•PE OF INSUNANCE POUCV NUNBEq PATE MAVDD'1'V) DATE IMM/DOrYY) LIMTS
DENEPAL IIABLRY EACH OCCUR?ENCE $1, QQQ~QQQ
A X I. (COMMERCIAL GtNo HrAL LABIUr 208339'5677 OS/Ol/D7 OS/Ol/OB aREMSes lEeommmce)
~ ~ - E100, D00
-
J CLRMS MgUE I ~ OuLUB
I
MEO F%P lNy mre perem') - - -
$S, QQQ
PERSONPL BAD'/IV.WY $1, OOO, DQO
GENERN AGGREGATE $2, DOD, 000
GENL AGGREGATE LIMIT AF VLIES PER:
PRC~ PROOUCTS~COMF/OP AGG s2, DOD, DDD
X POLICY
~ECr Lac
Alf$OLIOMLE LIABLRY
A
X ANYa1TO
BOA2083392761
DS/Dl/07
' OS/Ol/DB COWBIN-0 SINGLE LIM T
IEee°rlcenq
51,000,000
ALL OWNED AUTOS
BOCILV NJURY
$
SCHE>ULEU quT05 (Per prior)
X wHtu AJrOS
X NON-OWNED gU105 BOCILV INJURY
(Px eccrtlB,ll'r E
-
X 1D00 -Coll Oedt -~ -
' X 1DD0 - Com Dedt IP~acotlenp w°aGE $
OARAOELy61LRY AUTOONLY~EA ACCIDENT $
-~Al1YAUI0 OTHER THPN EAACC, $
AUTOONLY. PGG E
~E%CE55'UMmiELLA LIABl1rY EACH OCCURRENCE
- $SO, QQQ, QQQ
B ~ Dccw ~ ] c1AIMS MADE AUC3798620-OS 05/01/07 OS/Ol/DB AGGREGnr E 10, 000, 000
$
JFIXIC I IfY. E
$ RETBlTION g Q $
WOgKERS COMFENSIITION AND
ERiR0V915'LIABILRV TORT UM TS ER
4NY PgOPRIEIDR/PARTNEft'f%CCUTI'/'c
~
' EL BACH ALCI DENT $
OFY,LER
MEM6ER 2%LLUOE p?
l yes, tleseibu antler EL.OSEASE-EA fMPLOY[E $
SF-CIAL Pfl0U 510N5 pelow EL 05EA52-POLIf,V LIM,T $
OTHEq
~
A Property Section RMP271013996 OS/D1/07 OS/O1/O8
Blkt Bldg 32,227,993
Blkt 8PP 4,092,215
OESCgpIK1N OF OPEPATKIN6. LOCATIONS rVEHICLES / EXCW 6pN6 ADOEO fiY ENOOR6EMENi 16PEGAL PPOV6pN6
Project: Event for the Santa Ana Police Department, 9/11/06. The City of
Santa Ana its officers, employees, agents, volunteers and representatives
are named as additional insured on General Liability policy per attached
endorsement. Except 10 days notice for non-payment of premium.
SANTAI9 SHOUIn ANY OF THE ABOVE OE5CgBED POLICE59E CANCELLm OEFOgETHE E%PIgATION
DATE T1miE0i, iHE156LNOINSUfEq WLLENOEAVCR TO MAL 3O* OAY6 WRRTEH
NOfK:EIOTNE CERTp'K;ATE HOLDER NAMEDTO THE LEFT, BUT FALUBE l0 DO 60 SHALL
City of Santa Ana MPoSE NOOBUOATgN OR LIAal1TY OF ANY KND UPON THE N6I.RFA, RS AOEME OR
20 Civ1C Center Plata gEPN[6ENTATNE .
Santa Ana, CA 92701 AUTMOq NTATNE
,% _ ,
~.,
V AUUHU UUHPURATION 1986
Date: 11!1212007 01:27 PM Sender's Fax ID: Page 3 of 8
From'. AT. FleHeman Insurance FaxID: Heffernan Insurance To: Pacifc Hospitality Cxoup, Inc Date'. 11/1212007 11:10 AM Page:3 of 8
POLICY $2083392677
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
GENERAL LIABILITY EXTEN310N ENDORSEMENT
This endorsement modifies insurance provided under the follawkg:
COMMERCIAL GEI~RAL LIABILITY COVERAGE PART
Coverage afforded uMer this extension of coverage endorsement does not apply b any person ar organization
covered as an additonal insured on arty other endorsement now or her~fter attached b this Coverage Part.
1. ADDfrIONAL INSURED - BIANI~T VENDORS
WHO IS AN INSURED (Section. g) is amended to indude as an addft'anal insured any person ar organization
(referred b below es vendor) with whom you agreed, because of a written contract or agreement to provide
Insurance, trot only with respect to 'bodily injuy' ar "property damage" arising out of "your products" which are
distributed or sold in tine regular course of the vendors business, subject b the bllawsg additional exdusfons:
~. The insurance afforded the vendor does not appy b:
a. "Bodily Injury' or "properly damage" for which the vendor is obligated b pay damages by reason of
the assumption of liability in a contract or agreement This exdusbn does not apply b liability for
damages that the vendor wotad have in the absence of the oomract or agreement;
b. Any express wantvrty unauthorized by you;
a. Arty physical ar chemical change in the product made Mtentbnaly by the vendor;
d. Repadkaging, except when unpacked solely for the purpose of Inspection, demonstration, lasting, or
the substitution of parts under instnrctians from.the manufacturer, and then repedca9ed in the original
container,
e. Any faBure to make such inepacltone, adjustments, tests or servicing ore the vendor has agreed b
make or normaly undertakes to make in the usual course of business, in correction with the
distribution or sale of the products;
t. Demanstretlon, InstaNafion, servicing or repair operations, except such operations performed at the
vendor's premises b connection with the safe of the pradur~
g. Products which, after distrbutlon or sale by you, have been labeled or relabeled or used as a
container, par! or itgredierd of arty other thing or subatarx:e by a for the vendor; or
h. "Bodiy injury" or "property damage" arising out of the sole rregligence of the vendor for Its own acts or
omission or those of its empbyees or arrycne else ectkkg on its behalf. However, this exclusion does
not apply b:
(f J The exceptions contained b Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or aervidng as the vendor has agreed to make or normally
undertakes to make In Ne usual course W business, In connection with the distribution or sale of
the products.
2. This Insurence does not apply to any insured parson or organization, irorrl wham you have acquired such
products, or any ingredient, part ar container, entering krb, accompanying or containing such products.
3. This provision 1. does not apply ro any vendor Inducted as an Insured by an endorsement issued. by us
and made a part of this Coverage Part.
4. This provision ~, does not apply rf "bodiy injury" or "properly damage" inducted within the "products-
completed operations hazard is exduded either by the provisions of the Coverage Pert or by
endorsement.
2. MISCELLANEOUS ADDRIONAL INSUREDS
WHO IS AN INSURED {Section II) is amended b kxdude as an insured any person or organization (called
additonal Insured) desrzibed in paragraphs 2.a. through 2.g. belax whom you are required b add as an
atltlftional assured on this policy older a written contraG or agreement but the written contract or agreement must
be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the "bodiy injury," "properly damage" or "personal injury and advertising injury," but
Ony the following persons or organizations are additional insureds under this endorsement and coverage
provided b such additional insureds is limited as provided herein:
a. State or Polhkal Subdivisions
A state or pdilipl subdivision subject to the following provisions:
Date'. 11/12/2007 01:27 PM Sender's Fax ID:
Page 4 of 8
From'. At Fletternan Irwrance FaxID: Heffernan Inwrance To: Pacifc Hospitality Group, Inc Date: 11l12Q007 11:10 AM Page: 4 of 8
(1) Thfs Insurance applies only with respect to the fdbwing hazards for whidr the state or pditical
subdlvisbn has Issued a permg h connedbn with premises you own, rent, or control and to
whidr this insurance applies:
(s) The oxistenca, maintenance, repair, consWction, erecton, or removal of advert~ing signs,
avmings, canopies, cells entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults, street banners, or decoretlons and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(2) This Insurance applies only with respect tb operations performed by you or on your behalf for
which the state or poiltical subdivision has issued a permit.
This Insurance does not appy to 'bodly ir~ury; 'property damage' Dr "personal and advertising
bljury" arising out of operations perfpmed for the slate armunbipality.
b. Controlling Interest
Any persons or organizations with a controlling interest in you but Doty with respect to their liability
arising out of:
(f) Their financial contrd of you; or
(2) Premises they own, maintain or contrd whin you lease or occupy tlrase premises.
This Insurance does not apply to stnrdurel alteratons, crew oonstnxlbn and demolNion operations
performed by or for such addilbnel insured.
o. Managers or Leaeore of Premises
A manager or basor of premises but Doty wRh reaped to liability sassing out of the ownership,
maintenance a use rN that spediic part of the premises leased to you and subject to Bra follrnving
additiorral exdusbns'
This insurance does not apply to:
(1) Any "ocarrence"which takes place afNr you cease b be a tenant in that premises; or
{Z) Shvcturel elteretbns, new constnxrtion or demdition operations perfomled by or an behalf of
sudr additional insured.
d. Mortgagee, Assignee or Recelwr
A rtroAgagee, assignee or receiver but only with rasped to their liability ed mortgagee, assignee, or
receNer and arising cut of the ownership, maintenance, or use of a premises by you.
This insurance does not appy to structural alteratons, new conatructbn ar derrrolition operations
performed by or for such additional insured.
e. Oamsrelt)thN hrterests -Land Is Leased
An owner or other Interest Born whom land has been leased by you but only with rasped to liability
arising out of the ownership, maintenance or use of that :pecffic part of the land leased to you and
subJect to the fdlowing atlditbrral exdusions:
This Insurance does not apply to:
(1) Any'occumence' which fakes place after you cease to lease that lend; or
(2) StnrWrrel alterations, new consbuctbn ar demolklon operations performed by or on behalf of
suchedditiaral insured.
L Co-owner of Insured Premises
A co•ovmer of a premises co-wvned by you acrd covered under this insurence but only with rasped to
the co-owners I'rdbility as co-owner of such premises.
g. LsssorofEquipmaM
Any person or organization Bom whom you lease equipment. Such person or orgarrizatlon are
insureds only with rasped b their Nabilily arising out of the maintenance, operation or use try you of
equipment leased to you by such person or organization. A persrnr's or organization's status as an
Insured under this endorsement ends when ttreir written contract or agreement with you for sudr
leased equipment ends.
Vdittr rasped to the insurance afforded these additional insureds, the following additbnal exdusians
appy:
This Insurance does not apply:
{i) To any'ocarrrence' which takes place after the equipment lease expires; or
{Y) To 'bodily injury' or "property damage" arising out of the sde negligence of such additional
assured.
Date. 117122D07 D1:27 PM Sender's Fax ID:
Page5of8
From At: Hefrernan Insurance Faxl6 HeHeman Insurance To: Padfc Hospitality Group, Inc Date: 1'!'~ 7IZ007 11'.10 AM Fade: 5 of 8
Any insurance provided to an additional Insured designated under paragraphs a. rirough g. above does not
apply to "txxldy injury' or "property damage' inducted within the"products-completed operations hazard".
As respects the coverage provided under thin endorsement, Paregr~h 4.b. SECTION N -COMMERCIAL.
GENERAL LIABILITY CONDITIONS is deleted and replaced with the following:
{. Otherlnsurance
b. Excess Insurance
This insurance Is excess over.
Any other Insurance naming the additlonal Insured 0e en insured whether primary, excess, contingent
or on any ocher basis uNess a wdtlan oonb'act w agreement spedscaly requires that this insurance
be ekhar primary or primary and noncontdbu0ng. Where required by written oontrect w agreement.
we wYl consider any other Insurance maintained by rie additonal insured fro injury or damage
covered by this andorsemerit to be excess end noncontnDUlhlg with this insurence.
3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
Paragraph 4.a. of Section 11-Who Is Minsured is deleted and replaced by the following:
Coverage under thb provision B afla'ded Dory uMB the end of the polcy period or the next anniversary of this
policy's effective date after you acquire w form the organization, whichever is earlier.
4. JOINT VENTURES I PARTNERSHIP f LINKED L.IABtLITY t~IAPANY COVERAGE
A. The following is added to Section II - Who M M Insued:
5. You era an hsured when you had an interest h a Joint venture, partnership w limited liability comperry
which tarcninated w ended prior m or dudng this policy period but anry to the extent of your. interest in
such Joint venhrre, partnership w united Bability comparry. Thb coverage does not aPPIY~
a. Pdw to the terMnatlon date of any Joint venture, paMerehip a lim'ded liability camparry; w
b. d these is other valid and codedible intwrence purchased spedAcely to irlstre the partnership, joint
venture w limited liability company.
B. The last peregreph of Saetlen Il -Who Is M inwred fa deleted end replaced DY the tdlowing:
Except as provided In 5. above, no person or organization is an insured wdh respect to the conduct of any
current w pest parD»rship, joint venture w limited liability comparry that is not shown as a Named Insured in
the Decaretions.
5. PARTNERSHIP OR JOINT VENTURES
Paragraph 1.b. of Section II-Who Is An Insured is deleted and replaced DY the following:
b. A parkrership (inducting a limited IiabNity partnership) w joint venture, you are mi insured. Your
members, your perlnere, and their spouses are also insureds, but only with respect to the conduct of
your business.
B. EMPLOYEES AS INSUREDS -HEALTH CARE SERVICES
Fes other than a physician, paragraph 2.a(1){d) of Sactbn II - Who k An brsured does trot appy with respect th
professional health care serves provided in the course of employment by you.
7. SUPPLEMENTARY PAYMENTS
A. Under Section I -Supplementary Payments - Coverages A and B, Paragraph t.b., the IimR of 3250
shown for the cost of t>~I bands is replaced DY 32,500:
B. In Paragreph 1.d, the limit of $250 shown for daily loss of earnings is replaoed by $1,000.
8. MEDICAL PAYMENTS
A. Paragreph 7. Medical Expanse Limit, of Section III - Limits of Insurance is deleted end replaced by the
following:
7. Subject to S. above (rie Each Occurcence Land), rie Medical Expense Limit is the most we will pay under
Section - 1- Coverage C fro all medical expenses Decease of "beduy injury" sustained by arty one
person. The Medical Expense Limit is rie greater of
{1) 315,000; w
(2) The amount shown in the Declarations fro Medical Expense limit.
B. This provision 8. (Medical Payments) ctees not appy ff Section 1 - Coverage C Medical Payments is
exduded eithw by the provisions of the Coverage Part w by endorsement.
C. Paragraph 1.a.(2) of Section 1- Coverage C -Medical Payments, fs replaced by the following:
The expenses are roamed and reported to us within three years of the date of the accident; and
9. NONAWNED WATERCRAFT
Date'. 11!122007 01:27 PM Sendefs Fax ID'. Page 6 of 6
From At: Flefrernan Insrrance FaxID: Heffernan Insurance To: Paafic Flo~itality Cxoup, Inc Date: 11/12/2007 11:10 AM Page'. 6 of 8
Under Section I - Coverage A -Bodily Injury and Property Damage, Exclusion 2.g., subparegraph (2) is
deleted and replaced by the following.
(2) A waleraatt you do not own that ~:
(a) Less Than 55 feet long; and
(b) Not being used to carry persons or property for a charge.
10. NON-0WNED AIRCRAFT
6rdtsion 2.g. of Secton I - Coverage A - Bodily Injury and Property Damage, does not apply to an aircraR
you do not own, provided that:
1. The plot m command Wads a curranay elfactiva oartfficata issued by the duly conatiluted authority a the
United States d America or Canada, designating tltet person as a commerdal a akllne transport pilot;
2. It is rented wMh a trained. paid aew; and
3. tl does not transport persona or cargo far a charge.
11. LEGAL LIABILITY - DAMAGE TO PREMISES
A Under Section 1 - Coverage A -Bodily Injury -and Property Damage 2. Exdusbns, Exclusion j. Is
replaced by the folowing.
Rroperly damage' lo:
(1) Properly you own, rent a oaupy, Including any costs or expenses inalrred by you, or any other
person, organizatim or entlty, for repair, replacement enhancemerd, restoretion or maintenance
of ~,d1 property for any reason, Including preventlon of irgtary to a person or image to mother's
property;
{2) Premises you sell, glue away or abandon, fi the properly damage' aches out of any part of those
premises;
(3) Praparty loaned to you;
(4) Personal property (n the care, custody or control of tl1e Insured;
(S) The[ particular part of rml property m wh~lt you or my contractors or subcontrectore working
directly or Indirectly on your behalf are performing operations, if the "property damage' arises out
of those operetons; or
(8) That partialar part of arty property that. must be restored, repatred or replaced be®uae "your
work" was incorrectly performed on tl.
Paagaph (2) of this exdusicn does not apply tl the premises are "your work' and were never
occupied, rented or held for rental by you.
Paragraphs (1), (3) and (4) of this exclusion donot apply to "property damage" (other then damage
by fire) to premises:
(1) rented ro y«,;
(2) temporerity oxupied by You with the permission of the owner, or
(3) to the contents of premises rented to you for a period of 7 a fewer consecutlve days.
A separate limit of insurmce applies to Damage To Premises Rented To You as desalted in
Sedton III - Limts Of Insurance.
Paragraphs (3-, (I), (S} end (8) of this exclusion do not appy to Iiablliry assumed under a sidetrack
agreement.
Paragraph (8) of this exclusion does not apply to 'properly damage" included In the "produc~-
completed operations hazard".
B. Under 3ectlon 1- Coverage A -Bodily Injury ant Properry Damage the last paragraph of 2. Fxclusions
is deleted and replaced by the folowing.
Exclusions F through n. do not apply to damage by ire to premises while rented to you or temporerity
occupied by you with pannission of the owner a to the contents of premises rented to you for a period of 7 or
fewer consecutive tlays.
A separate limit of insurance applies to tlris coverage as described in Section tll- Umlts Of Insurance.
C. Paragreph 6. Damage To Premises Rented To You Limit of Section III -Limits Of Insurance is replaced
by lire folowing:
8. Subject to S. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit Is the
most we wai pay under Secton -1- Coverage A for damages because of "property damage" to my one
premises while rented to you ar lemporardy occupied by you wtlh the permission of the awns, including
contents of such. premises ranted to you for a period of 7 or fewer censewtive days. The Damage To
Date: 11/122007 01:27 PM Sender's Fax ID: Page 7 0( 9
From. At: Heffernan Insurance FaxIO: Heffernan Insurance To: Pacfic Hospitality Group, Inc Date: 11/1YD~7 11:10 AM Page: 7 of 8
Premises Rented 7o You Limit is the greater of:
a. $200,000; or
b. The Damage To Premises Rented To You Limn shown in the Dedaretions.
D. Paragraph 4.b.(1)(b) of Section N -Commercial General LfabNlty Condklorx is deleted and replaced by
the following:
(2) Thal is property instrante for premises rented to yet or temporariy orxatpled by you with the
permission of the owner, or
E. This provision 11. (LEGAL LUU3ILRY -DAMAGE TO PREMISES) does not aptly if Damage To Premises
Rented To You Liability under Section 1- Coverage A k exduded eitlrer by the provisions of the Coverage
Part or try endorsement.
12 BROAD KNOYYLEDGE OF OCCURRENCE
The follaxing 1s added to pamgreph 2. of Seeibn IV -Commercial Oetarel Liability Condkions - Dutks In
The Evert of Ouurrenca, OtYerlse, Claim or Suit:
You muss gMe us or our authorized representative notice of an "oixrmence', offense, daim, or "suR"Doty when
the "occurrence', offense, daim or "suit" is known tc
(1) You, H you are an individual;
{2) A parbter, ff you are a partnerehlp;
(3) An executive officer or the employee designated by you to give such notice, fl you are a
corporation; or
{4) A manager, If you are a lhnited liability company.
1& NOTICE OF OCCURRENCE
The foNowing Is added to paragraph Z, of Sesgon N -Commercial Gerierel Llabllity r;,ondidons -Dulles In
The Event of Occurrence, Offense Claim orSuk:
Your rights untler fhs Coverage Part wql not be pre)udloed H you faN to glue us notice of an "ocatrrence", offense,
daim or "suit" and that faiure is adely due to your reasonable belief. tllaat the "bodiy 'aljury' or "properly damage"
is rat covered under this Coverage Part However, you shall glue written notice of this "occurrence", offense,
daim or "sus" to us es soon as you are aware that this Insurance may apply to such "occurrence", otfelse darn
or "suiC.
7,. UNINTENTIONALfAILURETODISCLOSEHAiARD3
Based on our reliance on your represertfations as to existlng hazards,d unintentionally you sholtld fatl to diedaea
all such hazards at the inception date of your pdicy, we will not deny coverage under this Coverage Part because
of such failure.
15. EXPANDED PERSONAL AND ADVERTISING INJURY
A. The flowing is added to Section V - Dafinklons, the definition of "personal and adverting In)ury":
h. Dlscriminatlon or humiliation that results in injury to the feelings or mutation of a natural person, but
oMy H such discrminatlon or humiiation Is:
(1) Not done kttentiorrelly by or at the directlon of:
(a) The ir~ured; or
(b) Any "executive officer, director, stodchdder, partner, member or manager (if you are a
Umited liability company) of the assured; and
{2} Not directly or indirectly related to the employment, prospedhre employment, past employment or
termination of employment of any person or persons by any insured.
B. Exdusions of Section I - Coverage B ~ersorgl and AdverUSing Injury Liability is amended to irtdude
the flowing:
o. Discrimination Relating To Room, DwNling or Premises
Caused by discrimination direly or indiredy related ro the sale, rental, lease or sublease or prospectlve
sale, rental, lease or sublease at any room, dwelling ix premises by or at the direction of any insured.
p. Fines Or Penalfles
Floes or penalties levied or imposed by a govemmenhal entity because of discrimination.
C. This provision 15. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not appy to
d~cdminadon or humiliation commiked in the states of New York or Ohio. Also, EXPANDED PERSONAL
AND ADVERTING INJURY COVERAGE does not apdY to policies issued in the sues o1 New York or
Ohio.
D. This provision 15. {EXPANDED PERSONAL AND ADVERTISING INJURY COYERAOE) does not apply 'd
Date'. i t/122DD7 01:27 PM Sender's Fax ID'.
Page B of 8
From AC FleBernan Insurance FaxIQ Heffernan Insurance To: Padfic Hospitality Cxouo, Inc Date: 11/' 2!2007 11:10 AM Forge'. 8 of 8
3aetion I - Coverage B -Persona! And Advarthing Injury lJabllity is excluded either by the provesions of the
Coverage Part or by endorsement.
16. BODILY INJURY
Section V - Deflniflons, the deflnitlan of'twdity injury' is ctranged to read:
'Bodily injury" means bpoly injury, sickness ordisease sustairbd by a person. including d~th, htsntiiatbn, shock,
mental anguish or mental iryury by that parson at any time which resWts as a consequence of the bodity Injury,
sickness or disease.
17. PJ(PECTED OR INTENDED INJURY
Exclusion a. of Section I - Coverage A - Bodily Injury and Properly Damage Liabigty is rep~ced by the
tdlowing:
a. "BOdfty hjury" or "properly damage" expecled or intended from the standpoint of ti1e insured. This
exdusan does not apply to "bodity Injury' or"property damage" resulting horn the use of reasonable
force to prated persons or property.
78. LIBERALPATION CLAUSE
ff we adopt a change h our forms or rules which would broaden coverage for menufaclurers without an additional
premium charge, your policy will autamatic~lty provide the additional coverages as of the date the rav'sion is
effective in your slate.
1g. PROPERTY DAMAGE-ELEVATORS
>Mtlr respect to Exclusions of Becton I -Coverage A" paragraphs (3), (4) and (6) of Exdusim ). and 6ccwsion
k do not apply to the use of elevators.
The hsumnce efforcied by th16 provision 7g. a excess over any valid and collectible property Insurance (including
any deductible) available to the insured, and the Other Insraarx:e CondRbn is changed atxxxdingly.
Date: 11/122007 01'.27 PM Sender's Fax ID:
~J~
HEFFERNAN INSURANCE BROKERS
A R.«ri i.«~ of If«- ielfri ~m .~ G..~ao
Heffernanlnsurance Brokers
1808A Embarcadero Rd.
Palo Alto, CA 94303
Phone Number: (650) 842-5200
Fax Number: (650) 842-5201
License # 0564249
F.9X TR4.NSbIITTAL
Date: 1 1%12/2007 0 1:26:55 PM
To: Pacific Hospitality Group, Inc
Attn: Tori
Fax #: (714) 825-3320
From: Jennifer Hyland
# of Pages: 8
Subject: Certificate
COMMENTS:
Tori,
Attached is a copy of the Certificate you requested.
Phase review and contact me with any questions.
'fhalilc you,
Jennifer
If Otis fax ie incomplete or difficult to read, please call: (650) 842-5200
Page 1 oi8
The infotmuion contained in this facsimile transndssion is legally privileged and confidential, intended only for the addressee..My use, review,
distribution or cop}vlg of [his transmission by anyone other than the addressee is strictly prohibited and is no[ a waiver of any applicable privilege against disclosure.
if }'ou haee received [his transndssimt hl error, please contact [he above and immediately return the original to Heffernan Insurance Rmkers.