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HomeMy WebLinkAboutIRVINE COMPANY-2008INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES ~- l_o~ CLERK OF COUNCIL DATEa ~-~ I-O~ ~. C~D~ ~IAdm; h ~z~ ~G~VOI~t~ ~LCI ~~'Y'~Jjh LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE IRVINE COMPANY LLC N-2008-081 DO NOT RECORD THIS AGREEMENT ("Agreement") is made and entered into this ~ day of y f P~ , 2008, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "Landlord", and The Irvine Company LLC, Delaware limited liability company, herein referred to as "Tenant". The parties hereto agree as follows: ARTICLE 1 -TERM OF LEASE Section 1.01 Premises and Use (a) Landlord owns the real property described in Exhibit "A" attached hereto acid made a part hereof (the "Property"), commonly know as The Depot at Santa Ana located at 1000 East Santa Ana Boulevazd, Santa Ana, California. Landlord hereby rents to Tenant sole use of the area designated as the 4`h Floor of The Depot (The Heritage Room referred to herein as the "Premises") for Tenant to provide recruiting services for employment at the resort at Pelican Hill. Tenant is accepting the Premises in an "as-is" condition. (b) Tenant's use of the Premises shall be comprised of office hours of 8:30 a.m. until 7 p.m., Monday through Sunday. For any use exceeding such hours shall be subject to 7 days prior notice to Landlord, with Tenant required to pay Landlord's costs for such extended usage. (c) Tenant hereby accepts the Premises in their condition existing as of the Commencement Date of this Agreement. (d) Any signage Tenant intends to place upon the Premises is subject to prior approval of the Landlord, and must be compliant with The Depot guidelines as well as City of Santa Ana local regulations. (e) Upon the expiration or termination of this Agreement, Tenant shall surrender the Premises to Landlord in good and clean condition, less ordinary wear and teaz. SDH\30209.07043679112 6/I b/2008 DO NOT RECORD Section 1.02 Term (a) The term of the Agreement for renting the Premises ("Term") shall be an initial six (6) month period commencing on June 1, 2008 with termination on November 30, 2008. After expiration of the initial six-month period, this Agreement maybe extended by mutual agreement of the parties on a month-to-month basis for a period of up to six months. (b) Notice of intent to vacate or termination of the landlord-tenant relationship after the initial six-month term shall be valid with thirty (30) days prior written notice to the other party. Section 1.03 Rent/Security Deposit (a) Tenant shall pay to Landlord monthly compensation in the amount of $1,200.00 per month for use of the Premises. The rent payment for the first month will be due upon execution of this Agreement and thereafter rent payments shall be due on or before the 5`h of each month, payable to "The City of Santa Ana" and remitted to: The Depot at Santa Ana, 1000 East Santa Ana Blvd., Suite 108, Santa Ana, CA 92701. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %2%) interest per month shall be added for each month that payment hereunder is due but unpaid. (b) Contemporaneously with the execution of this Agreement, Tenant shall deposit with Landlord the sum of $1,200.00 as a security deposit. The deposit will be held without liability for interest as security for faithful performance by Tenant. (c) Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Section 1.04 Non-Recording Neither party shall record this Agreement. ARTICLE 2 -TAXES AND UTILITIES Section 2.01 Taxes Tenant shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any governmental entity on Tenant's personal property, equipment and fixtures located at the Premises. If such taxes are not assessed separately to Tenant, Landlord shall provide Tenant with evidence, reasonably acceptable to Tenant, of such SDH170209.0104~367911.2 6/16/2008 DO NOT RECORD tax assessment and the amount due, which is attributable to Tenant's personal property, equipment and fixtures located at the Premises. Section 2.02 Utilities (a) Landlord shall provide and pay for all electricity, gas, water sewer and janitorial services furnished to the Premises for the use, operation and maintenance of Tenant's premises during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Premises during the Term of this Agreement, or any extension thereof. (b) Tenant shall have the right to improve the present electrical and telecommunication cabling and outlets and any other such infrastructure that would reasonably be associated with Tenant's intended use of the Premises, all at Tenant's sole cost and expense. Any communication and/or computer lines brought in by Tenant must be reviewed and approved by City staff; Tenant cannot splice into Landlord's existing City telephone or computer lines. ARTICLE 3 -IMPROVEMENTS AND ACCESS Section 3.01 The Premises/Miscellaneous (a) Tenant shall repair any damage to the Premises caused by Tenant and will leave the Premises in good and clean condition, less ordinary wear and tear. Tenant shall be required to remove all its fixtures upon expiration/termination of the Agreement, and if Tenant fails to do so within thirty (30) days, Landlord may elect to do so at Tenant's sole cost and expense, or elect to not remove such fixtures, in which case, such fixtures shall become the property of Landlord, at Landlord's option. Any personal property, equipment or other improvements that are not removed within said thirty-day period shall become the property of Landlord, at Landlord's option. Tenant's obligation to pay compensation to Landlord shall not cease, unless and until the fixtures that Tenant must remove, are removed to Landlord's approval. (b) Tenant shall provide access to the Premises to the Landlord, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. Except in the case of emergencies, Landlord shall give Tenant twenty-four (24) hours notice prior to entry into the Premises. (c) Tenant shall, at its sole cost and expense, maintain and repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Tenant causes any damage to the Property, to the Premises or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. SDtN0209.0104~167911.2 6/16/2008 DO NOT RECORD (d) Upon the expiration or termination of this Agreement, Landlord shall approve in writing the surrender of the Premises by Tenant only after being satisfied that the Premises has been left in good and clean condition, less ordinary wear and tear. (e) Quiet Enjoyment. Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Agreement. Section 3.02 Liens Tenant will not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Tenant, or any person claiming under Tenant. ARTICLE 4 -INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in such legal action unless Landlord undertakes to represent itself as codefendant in such legal action, in which event Landlord shall bear its own litigation costs, expenses and attorney's fees. Section 4.02 Insurance In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant shall obtain and furnish to Landlord, a policy of general public liability insurance, commercial general liability, covering the Premises. The policy shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. Tenant shall provide Landlord a certificate of insurance evidencing that the City of Santa Ana, its agents, officers, employees and volunteers are Additional Insureds under such policy. Any insurance coverage of Landlord which maybe applicable to the Premises shall be deemed excess coverage and that Tenant's insurance shall be primary. Tenant is required to give the Landlord no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Tenant to furnish insurance during the term of this Agreement. Section 4.03 Property Insurance SDH130209.01041967911.2 6/16/2008 DO NOT RECORD Tenant shall provide to Landlord, before entering the Premises, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon covering Tenant's personal property, equipment and fixtures located at the Premises. Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Tenant shall furnish to Landlord certificates of insurance and an additional insured endorsement as to Tenant's liability insurance policy, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Landlord. Tenant shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Landlord by Tenant under the Agreement. ARTICLE 5 -TERMINATION AND DEFAULT Section 5.01 Termination in the Event of Casualty or Condemnation (a) In the event of any damage, destruction or condemnation of the Premises, which renders the Premises unusable or inoperable in Tenant's reasonable judgment, Tenant shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Premises by giving written notice to Landlord within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Landlord determines that the Premises is no longer adequate for Tenant to continue its operations, or any repairs to the Premises have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. (b) In the event of condemnation, unless Tenant is allowed by the condemning authority to continue its operations in the Premises, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Tenant is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Landlord. 8DM30209.0104~367911.2 6/16/2008 DO NOT RECORD Section 5.02 Termination This Agreement maybe terminated by either party on thirty (30) days prior written notice, after the initial six-month term has expired. ARTICLE 6 -ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the Landlord. Section 6.02 Abandonment by Tenant Should Tenant breach this Agreement and abandon the Premises prior to the expiration of the Term, Landlord may recover at least one month's rental compensation for Tenant's failure to give notice of such termination vacation of the Premises. Section 6.03 Default by Tenant Should Tenant default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Landlord may, in addition to the remedies specified in Section 6.02 of this Agreement, re-enter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Tenant The insolvency of Tenant as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Tenant, or the making of a general assignment for the benefit of creditors by Tenant, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Landlord to re-enter and regain possession of the Premises. Section 6.05 Cumulative Remedies The remedies given to Landlord in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach SDFN0209.0104V67911.2 6/16/2008 DO NOT RECORD The waiver by Landlord of any breach by Tenant of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Agreement. ARTICLE 7 -HAZARDOUS MATERIALS Section 7.01 At the time of execution of this Agreement, Landlord warrants that the Premises is clean and contains no known hazardous materials. Tenant represents and wattants that it will comply with all environmental laws during the term of this Agreement; its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance other than hazardous substances typically used in offices provided that such hazardous substances are used and disposed of in compliance with all applicable laws. Tenant further agrees to clean-up and remediate any hazardous substance on the Premises and Property to the extent any such hazardous substances are released by Tenant, and hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance by Tenant and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence or misconduct of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules maybe amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 -MISCELLANEOUS Section 8.01 Force Majeure -Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Landlord or Tenant be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Tenant as required by this Agreement or the performance of any act rendered difficult solely because of the fmancial condition of the party, Landlord or Tenant, required to perform the act. Section 8.02 Notice SDER30209.0104~367911.2 6/16/2008 DO NOT RECORD Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: To Landlord: Clerk of the City 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 copies to: Executive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Tenant: The Irvine Company LLC 7505 Irvine Center Drive Irvine, CA 92618 Attention: Mr. Arte Nathan Telefacsimile (949) 720-2593 Phone: (949) 720-5224 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been SDH~30209.0104~367911.2 6/I62008 DO NOT RECORD given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Contract Administrator The Executive Director of the Community Development Agency, or his/her designee, shall be City's Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section 8.04 Compliance with Laws Tenant shall at Tenant's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Tenant's use and occupancy of the Premises whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Tenant in a proceeding brought against Tenant by any government entity, that Tenant has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Landlord and Tenant and shall be considered grounds for termination of this Agreement by Landlord. Tenant will obtain all permits and other governmental approvals, required in connection with Tenant's activities hereunder, and update such permits/approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Tenant shall not commit or permit the commission by others of any waste on the Premises. Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Tenant shall not use or permit the use of the Premises for any unlawful purpose. SDH~30209.0104\367911.2 6/16/2008 DO NOT RECORD Section 8.08 Repairs Tenant shall be required to make any repairs to the Premises occurring from damages caused by Tenant, its employees, agents, contractors, and subcontractors. Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement. Section 8.10 Governing Law This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, Califomia, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. Section 8.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 State of Emergency/Public Necessity Due to the fact that The Depot has been designated a Homeland Security Evacuation Center, upon the declaration of a state of emergency/public necessity, Landlord may, give immediate notice in writing to Tenant to suspend or revoke normal operation under this Agreement without liability to Tenant when the emergency/public necessity so requires, or to suspend operation immediately hereunder temporarily in the event of such public emergency, as may be determined by the City Manager. Such suspension will terminate as soon as the public necessity or emergency no longer exists. Rent shall be abated during such suspension and, at Tenant's election, the term shall be extended by an amount of time equal to the duration of the suspension (i.e. Tenant suspends operation for 2 months due to state of emergency, the Term shall be extended 2 months). Section 8.13 Conflict of Interest Tenant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this Agreement. Section 8.14 Attorney's Fees SDH~30209.0104~3679112 6/16/2008 10 DO NOT RECORD In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Landlord and Tenant respecting the Premises and correctly sets forth the obligations of Landlord and Tenant to each other as of such date. Any agreements or representations respecting the Premises or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Landlord and Tenant, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.17 Non-Discrimination Tenant 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. Tenant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. BALANCE OF PAGE INTENTIONALLYLEFT BLANK SIGNATURES ONNEXT PAGE SDH190209.0104\367911.2 6/16/2008 11 DO NOT RECORD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: ~~rt~ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney f ~~~~'~ BY: Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA AVID N. RE City Manager RECOMMENDED FOR APPROVAL: ~S~L Nancy ards, Acting Executive Director Community evelopment Agency By: N Titl SDFN0209.0104\36791 L2 6/16/2008 12 TENANT: THE IRVINE COMPANY LLC, a Delaware limited li~ility company By: ~~ Name: ~ t Title: _ President Resort Pr fie' Thomas Keeney e: _ Vice President, Fin nc Resort Properties ~ RFG ~~~ ~ DO NOT RECORD EXHIBIT "A" THE PROPERTY The Depot at Santa Ana located at 1000 East Santa Ana Boulevard. SDHV 0209.0104\3679112 6/l6/2008 y er ,, i n:u-:} i}:~ ,` . -„iyek, '., (b ":'" ym, I i _' 4: ,+~ ~k}mot ,,_ DATE M% DD YYYY) ~ i ~ : ACORD ~; ~ ' 06 09/2008 _ , .. v . ,. ~ , : n,_ ~ ~s _..: ,.~ ,~ . __ PRODUCER Aon Risk insurance Services West, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORb1AT10N ONLY fka Aon Risk services, Inc. of 5 cA AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 707 Wi 1 shi re Boulevard CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Suite 2600 6 COVERAGE AFFORDED BY THE POLICIES BELOW. 0 usA Los Angeles CA 90017-04 INSURERS AFFORDING COVERAGE NAIC# PxoNE~ 866 283-7122 PAX- 847 953-5390 INSURED INSURER A: American International 5peci alty Lines 26883 a The Irvine Company LLC RJSUREA H: ort Center Drive 550 New p Newport Eeach CA 92660 USA wsuAER C: a MSUAER 0: a ,~ INSURER E: TEHI POLICIES OF RJSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAC7 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER7IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL TFIE 7ERM5, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIh7[TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTA ADD' Iry5 TVPE OFINSURANCE POLICY NUMBER POLICY EFFE OATE(MMIDDIVY) POLICY EXPIRATION DATE(MM\DDIYY) LIMITS A 7412292 07/01/07 07/Ol/DS EACH OCCURRENCE 000 000 E1 GENERAL LIABa1TY , , X COh1MERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ee accurer,ce) C'.LAIMS MADE ® OCCUR An aM erson y P rv Dmbrella Liability PERSONAL&ADV INRIRY $1,000,000 `~ rv GENERAL AGGREGATE SI, OOO, 000 ~ m ~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CO!NPIOP AGG S1 000, 000 Q POLICY PR0. Ltx , O ^ JEQ d ibl 51 000 000 SIR/De uct e , , AUT OMOHII.E TIABILITY COMBRJED SINGLE LIMIT ' C Ah1' AUTO (Ea awidenQ 2 ALL O WNED AUTOS BODILY INNRY ~ SCHEDULED AU"fOS (Per Perroo) T HIRED AUTOS BODILY 1'.JNRY Y L NON O WNED AlIT05 (Per accident) PROPERTY DAMAGE (P id 0 er aeo en GARAGE LIABILITY ~ AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC 8 O v ~~ AUTO ONLY AGG E%CE55 NMBHELLA LIABILITY ~ ~ EACH OCCURRENCE OCCUR CLAIMS MADE ^ ^ p F S.~p(iC rne AGGREGATE ~ ti , Att° ~ t t ~ 1 Y DEDUCTIBLE !a'g`5 B RETENTION L C STAN- OTH- WOREERS COMPENSATION AND _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT =_ ANY PROPRIETOR /PARTNER /EXECUTIVE OFFlCER'A7EMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE Ifyes, descrih urWcr SPECIAL PROVISIONS E. L. DISEASE-POLICY LIMIT below ~-S OTHER ~Er~_ `I DESCRIPTION OF OPERATIONSR,OCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Lease Agreement, The Depot at Santa Ana 1000 East Santa Ana Boulevard, 4th Floor, Santa Ana, California. city of Santa Ana, its agents, officers, emPP~oyees and volunteers are included as an Additional insured on a primary non contributory basis as required by written contract but limited to the operations of the insured under : , ,.:-.. ,. v z Clerk Of the Clty CODn CII SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION r Cl ty Of sdntd And DATE THEREOF, THE ISSUMG MSORER WILL 6NBEAri91FT0 MAIL 2O Cl V1C Center Pl aZd (M'3O) )O DAYS WMTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~ P.O. BoX 1988 'o. Santa Ana CA 92702-1988 USA rt AUTHORIZED REPRESENTATIVE c~~. ~~s~~M~a ~~ ~ 'r,I 5, ~,... ;~ ,# ,di;.~}_"{{ 11: `i< }t -1rtn E M~„ -N;X~'.11 a I~'~_.1 i~_ ._ A~ORD "' ~ ` ~, ,.~ , -~'~~, N , , t ~: ~ ~ ~ ~ DATE I~,~~~rv, . s"' p~r 06/09/08 i PRODUCER HIS CERTIFICATE 7S ISSUED AS A MATTER OF INFORMATION ONLY AND AOn Risk InSUrdnCe services west, InG ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE fka ADn Risk SerVl CeS, InC. Of S CA OES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV THE 707 Wilshire Soul evard OLICIES BELOW. i 2600 su te Los Angeles CA 90017-0460 USA COMPANIES AFFORDING COVERAGE COMPANY Lloyd's of London PxoNE- 866 283-7122 FAx- 847 953-5390 A INSURED COMPANY r The Irvine Company LLC B L 550 Newport Center Drlve COMPANY v Newport Beach CA 92660 USA C Fo COMPANY Y °J 9 D o x THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSllED TO THE INSURED NAMED ABOVE FOA THE POLICY PERIOD INDICATEq NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTDONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLCY NUMBER POLICY EFFECTI\'E LICY EXPIRATIO COVERED PROPERTY LIMTTS LTR DATE (MM/DD/YY) DATE (MM/DDM'J A X PROeeRTY WB 7 744 06/30/07 06/30/08 BUILDMG VdrI OUS carriers-pq 3 CAUSES OF LOSS PERSONAL PROPERTY BASIC BUSRJESS MCOME w/o Exva Ex mx p BROAD EXTRA EXPENSE X SPECIAL BLANKET BNLDING ~ EARTHQUAKE BLANKET PERS PROP ~ ao FLOOD X BLANKET BLDG & PP 510,000,00 ~ N O O n INLAND MARWE TY PE OY POLICY ~ . F CA USES OF LOSS E ~ NAMED PERILS ~G~ y~ ~ i _ '~ a. OTHER n V CRIME v ~(ay ~jn V TYPE OF POLICY 't O ~~~' Ea A~ct~ BOILER & MACHINERY ~ S (~ OTHER LOCATION OF PREMISES 1 DESCRIPTION OF PROPERTY RE: Lease Agreement, The Depot at Santa Ana, 1000 East Santa Ana, 4th Floor, Santa Ana, California. ~ ••. JJ SPECIAL CONDITIONS /OTHER COVERAGES Real and Personal Property Including Boiler and Mac hinery, Business Interruption and Extra Expense, course of .~ construction, Rental value Against Rlsks of Direct Physical Loss and Damage Subject to Policy sub-Limits, Terms, and conditions with a Further Limitation to the coverage Required In the relevant loan documents ~. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Clerk of the Cl ty COUnCII EXPIRATION OATE THEREOF THB ISSUING COMPANY WILL £AIB6AVBR-TO MAIL ry city of Santa And JO OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 20 CIVIC Center P1 dZd (M-30) !}} P.O. Box 1988 a Santa Ana CA 92702-1988 usA A AUTHORIZED REPRESENTATIVE nA GJi f i 6_"""'_~ rOILI~ 0/~/~ 6~ I J Qbr .'9 f/ / ~e K J ,.. ~ 1~:+}"`-,' ,i:I - 1=~ i .:a_-*t , ~R ., ' 1~.~~'~: ~ ~ STa. ~el~ It 1F° stir ..i, rf~ ~ i ~S . ~ . n~`3t x.17: .~^-i..g. ,°~i:r,o iE9 ~: ' '~ ~J &A'~T61@k ~ a x ~ POLICY NUMBER: 7412292 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 Policy Period: July 1, 20D7-July 1, 2008 Issued To: The Irvine Company Insurance Company: American Int'I Specialty Lines Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana, its agents, officers, employees and volunteers Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 ~ AS TO FORS S.fO;<CK ~p~o~ ~ ~r cYty p~Ortrev C~ °~ 3~ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. This insurance is primary and any insurance or self-insurance maintained by the Additional nsured shall not contribute with it. CG 20 10 03 97 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1996