HomeMy WebLinkAboutDELHI CENTER - GROUND LEASE AND AMEND-2008A-2008-334
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DATE FIRST AMENDMENT TO GROUND LEASE AGREEMENT
BETWEEN THE CITY OF SANTA ANA
I�,SURANCE NO7 REUtREO AND THE DELHI CENTER
\hJORK ti1AY PROCEED
OFOTHIS FIRST AME E T TO HE GROUND LEASE AGREEMENT is
nCTF entered into this /� day of YOU8, by and between the City of Santa Ana a
municipal corporation and charter city duly organized and existing under the Constitution
and laws of the State of California, referred to in this lease as "Landlord," and the Delhi
Center, a California nonprofit public benefit corporation, referred to in this lease as
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"Tenant."
VRecitals:
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A. The parties entered into that certain Ground Lease Agreement dated September 5,
2000, (hereinafter referred to as the "Ground Lease") by which the City leased real
property to the Delhi Center for construction of a Community Center. A copy of the
Ground Lease is attached hereto as Exhibit 2.
B. The parties wish to keep the existing Ground Lease in full force and effect subject to
the amendments contained herein.
C. In accordance with the terms and conditions of the Ground Lease generally, and
section 5.02 specifically, the parties wish to memorialize their agreement to allow
tenant the right to undertake further construction on site as reflected in the 3 -page site
plan attached hereto as Exhibit 3.
Wherefore, in consideration of the covenants contained in the Ground Lease, and subject
to all the terms and conditions of said Ground Lease, the parties hereby amend the
Ground Lease as follows:
1. The definition of "the Premises" described in Paragraph A of the Preamble and
Recitals of the Ground Lease is amended to include the property described in
Exhibit 1 attached hereto.
2. In accordance with Section 5.02 of the Ground Lease, Delhi Center shall have the
right to construct an expansion to the Community Center consistent with the site
plans attached hereto as Exhibit 3.
3. Delhi Center will obtain all necessary approvals and permits to construct the real
property improvements as depicted in the plans attached hereto as Exhibit 3.
4. Except as hereinabove amended, all terms and conditions of said Ground Lease shall
remain in full force and effect.
Pagel of 2 12/2/2008
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Agreement on the date and year first written above.
The Delhi Center ("Tenant"),
a California nonprofit public benefit
corporation
By:
Executiv Director
By:
Chair oard of Tt stees
City of Santa Ana ("Landlord")
A Charter City
By:
Davi . Ream
City Manager
Attest`. `�
Patricia E. Healy
Clerk of the Council
Approved as to Form:
Joseph Fletcher, City Attorney
Jose Sandoval
Managing Senior Assistanf City Attorney
Page 2 of 2 12/2/2008
PORTION OF BLOCK 241
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DELHI COMMUNITY CENTER
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
E-XHISIT I
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City of Santa Ana }
Attn: �jX C'1 ark )
20 Civic Center Plaza,M-30 )
Santa Ana, CA 92702 )
This document exempt from recording fee per Government Code
§ 27383.
A-2000-1 54
GROUND LEASE
Preamble and Recitals
This lease is entered into on September 5, 2000 by and between the City of Santa Ana, a municipal
corporation and charter city duly organized and existing under the Constitution and laws of the State of
California, referred to in this lease as "Landlord," and the Delhi Center, a California nonprofit public benefit
corporation, referred to in this lease as "Tenant."
A. Landlord is the owner of certain real property in the County of Orange, State of California, described in
Attachment "A ," which is`attached hereto and incorporated herein and made a part of this lease (referred to in
this lease as "the .Premises").
B. Tenant desires to lease the Premises for the purpose of constructing a community center ("the Community
Center"), appurtenant parking areas, and other related improvements (collectively referred to in this lease as
"the Improvements") in accordance with the agreement of the parties as set forth in this lease.
C. For purposes of constructing the Community Center the parties hereto will enter into an additional
agreement wherein the Landlord agrees to use its expertise in facilitating all aspects of constructing the
Community Center.
ARTICLE 1
LEASE OF PREMISES AND TERM OF LEASE
Section 1.01. Agreement to Lease
For and in consideration of the rents to be paid and covenants to be performed by Tenant under this
lease, Landlord agrees to lease the Premises to Tenant, and Tenant agrees to lease the Premises from landlord,
on the terms and conditions set forth in this lease. Except as expressly otherwise provided in this lease, "the
Premises" includes the real property plus any appurtenances and easements described in Attachment "A " of
this lease, exclusive of any Improvements now or subsequently located on the Premises, notwithstanding that
any Improvements may or shall be construed as affixed to and as constituting part of the described Premises,
and without regard to whether ownership of the Improvements is in Landlord or in Tenant.
Section 1.02. RESERVED
EX VA�t-5 2.
Section 1.03. Term of Lease
The term of this lease shall be for a term of 20 years, commencing at 12:01 am. on September 6, 2000
("Commencement Date") and ending at 12:01 A.M. on September 5, 2020 ("Original Term'), unless
terminated earlier pursuant to the provisions of this lease.
Section 1.04. Extended Term
In the event Tenant is not then in default under this lease, Tenant shall have the option and right to
extend the Original Term of this lease for a period of 20 years and 10 years, respectively, commencing on the
expiration of the Original Term and/or Extended term. If Tenant elects to extend the term of this lease, Tenant
must give Landlord written notice of Tenant's election to extend at least 30 days before expiration of the
Original Term and/or Extended Tenn. The written notice shall be deemed effective on personal delivery to
Landlord at the Office of the Clerk of the Council or on the date it is deposited in the United States mail in
accordance with the provisions of Section 12.03. During the Extended Tenn of this lease, if any, Landlord and
Tenant shall be bound by all of the obligations, covenants, and agreements of this lease except that Tenant
shall have no right to further extend the term of this lease beyond or after expiration of the second extended
term granted under this section, unless agreed to in writing by the City and Delhi. References throughouteshs s
lease to "the term of this lease" shall include both the Original Term and the Extended Terms, if any,
otherwise indicated.
Section 1.05. Holding Over
In the event Tenant holds over and continues in possession of the Premises after expiration of the
Original Term, when Tenant has not validly exercised its option to extend the term of the lease in accordance
with Section 1.03, or after expiration of the Extended Term, when Tenant has validly exercised its option to
extend the term of the lease in accordance with Section 1.04, Tenant's continued occupancy of the Premises
shall be considered a month-to-month tenancy subject to all the terms and conditions of this lease.
ARTICLE 2
RENT
Section 2.01. Annual Rent
Tenant agrees to pay Landlord annual rent ("Annual Rent") for each year during the term of this lease
in the amount of S 1.00 (One Dollar) per year for each year of this lease, including each ensuing year of this
lease subject to the option to renew, pursuant to Section 1.04 of this lease.
Section 2.02 RESERVED
Section 2.03. Time and Place for Payment of Rent
All Annual Rent provided for in Section 2.01 of this lease shall be paid by Tenant on an annual basis
on the first day of each calendar year. Tenant may elect to pay the full amount due under the term of this lease
on the original date of execution of this lease. All rent required under this lease shall be paid to Landlord at 20
Civic Center Plaza, M-30, Santa Ana, California, or any other place or places that Landlord may designate by
written notice to Tenant.
Section 2.04. RESERVED
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Section 2.05. No Partnership or Joint Venture
Nothing in this lease shall be construed to render Landlord in any way or for any purpose a partner,
joint venturer, or associate in any relationship with Tenant other than that of Landlord and Tenant, nor shall
this lease be construed to authorize either to act as agent for the other.
ARTICLE 3
USE OF PREMISES
Section 3.01. Permitted Use
Tenant shall use the Premises solely for the purpose of constructing, maintaining, and Leasing a
Commudity Center to provide social, educational and recreational programs to the general public.
Section 3.02. Compliance With Laws
omply with all statutes, ordinances, regulations, and
Tenant shall, at Tenant's own cost and expense, c
requirements of all governmental entities, both federal and state and county or municipal, including those
requiring capital improvements to the Premises or Improvements, relating to any use and occupancy of the
Premises, and specifically not limited to any particular use or occupancy by Tenant, whether those statutes,
ordinances, regulations, and requirements are now in force or are subsequently enacted. If any license, permit,
or other governmental authorization is required for the lawful use or occupancy of the Premises or any portion
of the Premises, Tenant shall procure and maintain it throughout the term of this lease. The judgment of any
court of competent jurisdiction in a proceeding brought against Tenant by any government entity, that Tenant
has materially violated any such statute, ordinance, regulation, or requirement shall be conclusive as between
Landlord and Tenant and shall constitute grounds for termination of this lease by Landlord.
Section 3.03. Prohibited Uses
Tenant shall not use or permit the Premises or any portion of the Premises to be improved, developed,
used, or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance,
or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, Tenant
shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter
defined by any statutory or decisional law applicable to the Premises or any part of the Premises.
ARTICLE 4
TAXES AND UTILITIES
Section 4.01. Tenant to Pay Taxes
Tenant shall pay, if applicable, during the term of this lease, without abatement, deduction, or offset,
any and all real and personal property taxes, general and special assessments, and other charges, including any
increase caused by a change in the tax rate or by a change in assessed valuation, of any description levied or
assessed during the term of this lease by any governmental agency or entity on or against the Premises, the
Improvements located on the Premises, personal property located on or in the Premises or improvements, and
the leasehold estate created by this lease.
Section 4.02. Taxable Interest
Tenant recognizes that this Lease may create a possessory interest subject to property taxation and that
Tenant may be subject to the payment of property taxes levied on such interest. Tenant shall pay, before
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delinquency, all taxes, assessments, license fees and other charges (hereinafter referred to as "taxes") that are
levied or assessed during the term hereof against the Tenant's leasehold interest in the real property or installed
or located in or upon the Premises.
Section 4.03. RESERVED
Section 4.04. Payment Before Delinquency
Any and all taxes and assessments and installments of taxes and assessments required to be paid by
Tenant under this lease shall be paid by Tenant at least 10 days before each such tax, assessment, or
installment of tax or assessment becomes delinquent. On the written request of Landlord, Tenant shall deliver
to Landldrd the official and original receipt evidencing the payment of any taxes, assessments, and other ,
charges required under this Article, or evidence that Tenant is exempt from said taxes.
Section 4.05. RESERVED
Section 4.06. Contest of Tax
Tenant shall have the right to contest, oppose, or object to the amount or validity of any tax,
assessment, or other charge levied on or assessed against the Premises or any part of the Premises; provided,
however, that the contest, opposition, or objection must be filed before the tax, assessment, or other charge at
which it is directed becomes delinquent and that written notice of the contest, opposition, or objection
must be given to Landlord at least 10 days before the date the tax, assessment, or other charge becomes
delinquent. Landlord shall, on written request of Tenant, join in any such contest, opposition, or objection if
Tenant determines that joinder is necessary or convenient for the proper prosecution of the proceedings.
Tenant shall be responsible for and shall pay all costs and expenses in any contest or legal proceeding
instituted by Tenant. In no event shall Landlord be subjected to any liability for costs or expenses connected to
any contest by Tenant, and Tenant agrees to indemnify and hold Landlord harmless from any such costs and
expenses.
Section 4.07. RESERVED
Section 4.08. Tax Hold -Harmless Clause
Tenant shall indemnify and hold Landlord and Landlord's property, including the Premises and any
Improvements now or subsequently located on the Premises, free and harmless from any liability, loss, or
damage resulting from any taxes, assessments, or other charges required by this Article to be paid by Tenant
and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to
enforce collection of any such taxes, assessments, or other charges.
Section 4.09. Utilities
Tenant shall pay or cause to be paid, and hold Landlord and Landlord's property including the
Premises free and harmless from, all charges for the furnishing of gas, water, electricity, telephone service,
and other public utilities to the Premises during the lease's term and for the removal of garbage and rubbish
from the Premises during the term of this lease.
Section 4.10. RESERVED
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ARTICLE 5
CONSTRUCTION BY TENANT
Section 5.01. Duty to Construct
Tenant shall, in collaboration with Landlord, construct or cause to be constructed on the Premises, a
Community Center in the manner and according to the terms and conditions specified in this Article.
Section 5.02. Requirement of Landlord's Written Annroval
No structure or other improvement of any kind shall be constructed on the Premises unless and until
the plans, specifications, and proposed location of that structure or improvement have been approved in
writing by Landlord. Furthermore, no structure or other improvement shall be constructed on the Premises that
does not comply with plans, specifications, and locations approved in writing by Landlord.
Section 5.03. RESERVED
Section 5.04. RESERVED
Section 5.05. RESERVED
Section 5.06. RESERVED
Section 5.07. RESERVED
Section 5.08. RESERVED
Section 5.09. Time for Completion
Tenant, together with Landlord, shall cause construction of the Community Center to be commenced in
accordance with the schedule for completion, provided by the program manager, and shall cause construction
of the Community Center to be diligently pursued without unnecessary interruption, and shall cause the
Community Center to be completed and ready for occupancy not later than three years after commencement of
its construction. The time of performance by either party hereunder shall be extended where delays are due to
war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of
the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; litigation including, but not limited to, litigation challenging the validity of this transaction
or any element thereof (except condemnation); severe weather; inability to secure necessary labor, materials or
tools; delays of any contractor, subcontractor, or supplies; acts of the other party; acts or failure to act of the City
or any other public or governmental agency or entity (other than acts or failure to act of the City shall not excuse
performance by the City); or any other cause beyond the control, or without the fault of the party claiming an
extension of time to perform; provided that notice by the party claiming such extension is sent to the other parry
within thirty (30) days of the commencement of the cause. Any such extension shall be for the duration of the
cause of the delay.
Section 5.10. RESERVED
Section 5.11. RESERVED
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Section 5.12. Ownership of Improvements
Title to all Improvements, including the Community Center, to be constructed on the Premises by
Tenant shall be owned by Tenant until expiration of the term or earlier termination of this lease. All
Improvements, including the Community Center, on the Premises at the expiration of the term or earlier
termination of this lease shall, without compensation to Tenant, then automatically and without any act of
Tenant or any third party become Landlord's property: `Tenant shall surrender the Improvements to Landlord at
the expiration of the term or earlier termination of this lease; free and clear of all liens and encumbrances,
other than those, if any, permitted under this lease or otherwise created or consented to by Landlord. Tenant
agrees to execute, acknowledge, and deliver to Landlord any instrument requested by Landlord as necessary in
Landlord's opinion to perfect Landlord's right, title, and interest to the Improvements and the Premises.
ARTICLE 6
ENCUMBRANCE OF LEASEHOLD ESTATE
Section 6.01. Tenant's Right to Encumber
Tenant may, at any time and from time to time during the term of this lease, encumber to any
institutional lender regulated by state or federal authority (referred to in this lease as "Lender"), by deed
of trust or mortgage or other security instrument, all of Tenant's interest under this lease and the leasehold
estate hereby created in Tenant (referred to in this lease as a "Leasehold Encumbrance") for any purpose
or purposes without the consent of Landlord. However, no Leasehold Encumbrance incurred by Tenant in
accordance with this Section shall, and Tenant shall not have power to incur any encumbrance that shall,
constitute in any way a lienor encumbrance on Landlord's fee interest in the Premises. Any Leasehold
Encumbrance shall be subject to all covenants, conditions, and restrictions set forth in this lease and to all
rights and interests of Landlord, except as is otherwise provided in this lease. Tenant shall give Landlord prior
written notice of any Leasehold Encumbrance, together with a copy of the deed of trust, mortgage, or other
security interest evidencing the Leasehold Encumbrance.
Section 6.02. Notice to and Service on Lender
Landlord shall mail to any Lender who has given Landlord written notice of its name and address, a
duplicate copy of any and all notices Landlord may from time to time give to or serve on Tenant in accordance
with or relating to this lease, including but not limited to any notice of default, notice of termination, or notice
regarding any matter on which Landlord may predicate or claim a default. Any notices or other
communications permitted by this or any other section of this lease or by law to be served on or given to
Lender by Landlord shall be deemed duly served on or given to Lender when deposited in the United States
mail, first-class postage prepaid, addressed to Lender at the last mailing address for Lender furnished in
writing by Lender to Landlord.
Section 6.03. Additional Right to Encumber
Tenant may, at any time and from time to time during the term of this lease, encumber to the California
Department of the Youth Authority, pursuant to California Welfare and Institutions Code Section 990, et seq.
Section 6.04. RESERVED
Section 6.05. RESERVED
Section 6.06. RESERVED
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Section 6.07. RESERVED
Section 6.08. RESERVED
Section 6.09. RESERVED
Section 6.10. RESERVED
Section 6.11. Lender as Including Subsequent Security Holder
The term "Lender" as used in this lease shall mean not only the institutional lender that loaned money
to Tenant and is named as beneficiary, mortgagee, secured party, or security holder in the Security Instrument
creating any Leasehold Encumbrance, but also all subsequent purchasers or assignees of the leasehold interest
secured by the Leasehold Encumbrance.
Section 6.12. Two or More Lenders
In the event two or more Lenders each exercise their rights under this lease and there is a conflict that
renders it impossible to comply with all requests of Lenders, the Lender whose Leasehold Encumbrance
would have senior priority in the event of a foreclosure shall prevail.
ARTICLE 7
REPAIRS AND RESTORATION
Section 7.01. Maintenance by Tenant
At all times during the term of this lease Tenant shall, at Tenant's own cost and expense, keep and
maintain or cause to be maintained the Premises and all Improvements thereon (including but not limited to the
Community Center) in good working order, condition and appearance. Tenant shall make all reasonable and
necessary repairs, replace broken, damaged or worn structural components or fixtures so as to keep the
Community Center in a safe, usable condition, and perform housekeeping operations as required, so as to keep the
premises and Improvements clean, attractive and free from the accumulation of any litter, garbage, debris or waste
material.
If, at any time, Tenant fails to maintain or cause to be maintained the Premises as required by this section,
and said condition is not corrected after the expiration of a reasonable period of time not to exceed thirty (30) days
from the date of written notice from Landlord, Landlord may perform the necessary maintenance and Tenant shall
pay all costs incurred for such maintenance.
Section 7.02. Requirements of Governmental Agencies
At all times during the term of this lease, Tenant, at Tenant's own cost and expense, shall do all of the
following:
(a) Make all alterations, additions, or repairs to the Premises or the Improvements on the Premises
required by any valid law, ordinance, statute, order, or regulation now or hereafter trade or issued by any
federal, state, county, Iocal, or other governmental agency or entity;
(b) Observe and comply with all valid laws, ordinances, statutes, orders, and regulations now or
hereafter made or issued respecting the Premises or the Improvements on the Premises by any federal, state,
county, local, or other governmental agency or entity;
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(c) Contest if Tenant, in Tenant's sole discretion, desires by appropriate legal proceedings brought in
good faith and diligently prosecuted in the name of Tenant, or in the names of Tenant and Landlord when
appropriate or required, the validity or applicability to the Premises of any law, ordinance, statute, order, or
regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency
or entity; provided, however, that any such contest or proceeding, though maintained in the names of Tenant
and Landlord, shall be without cost to Landlord, and Tenant shall protect the Premises and Landlord from
Tenant's failure to observe or comply during the contest with the contested law, ordinance, statute, order, or
regulation; and
(d) Indemnify and hold Landlord and the property of Landlord, including the Premises, free and
harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from Tenant's
failure to'comply with and perform the requirements of this Section.
Section 7.03. Tenant's Duty to Restore Premises
If at any time during this lease's term, any Improvements now or hereafter on the Premises are
destroyed in whole or in part by fire, theft, the elements, or any other cause not the fault of Landlord, this
lease shall continue in full force and effect and Tenant, at Tenant's own cost and expense, shall repair and
restore the damaged Improvements. Any restoration by Tenant shall comply with original plans for the
Improvements described in Article 5, except as may be modified by Tenant to comply with the terms of any
sublease of the Improvements, or except as may be otherwise modified by Tenant and approved in writing by
Landlord. The work of repair and restoration shall be commenced by Tenant within 240 days after the damage
or destruction occurs and shall be completed with due diligence not later than one year after the work is
commenced. In all other respects, the work of repair and restoration shall be done in accordance with the
requirements for original construction work on the Premises set forth in Article 5 of this lease. Tenant's
obligation for restoration described in this Section shall exist whether or not funds are available from
insurance proceeds.
Section 7.04. Qption to Terminate Lease for Destruction
Notwithstanding Section 7.03 of this lease, Landlord shall have the right to terminate this lease if the
Improvements are daniaged or destroyed by a casualty for which Tenant is not required under this lease to
cant' insurance and the cost to repair or restore the damaged or destroyed Improvements exceeds 50 percent of
the -fair market value of the Improvements immediately before the damage or destruction, provided Tenant
does not notify Landlord, in writing, of its intent to repair, subject to Section 7.03 of this Agreement.
Section 7.05. Application of Insurance Proceeds
Any and all fire or other insurance proceeds that become payable at any time during the term of this
lease because of damage to or destruction of any Improvements on the Premises shall be paid to Tenant and
applied by Tenant toward the cost of repairing and restoring the damaged or destroyed Improvements in the
manner required by Section 7.03 of this lease, or, if this lease is terminated under Section 7.04, applied by
Tenant toward payment of the Leasehold Encumbrance(s).
ARTICLE 8
INDEMNITY AND INSURANCE
Section 8.01. Indemnity Agreement
Tenant shall indemnify and hold Landlord and Landlord's property, including the Premises and
Improvements now or hereafter on the Premises, free and harmless from any and all liability, claims, loss,
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damages, or expenses resulting from Tenant's occupation and use of the Premises, specifically including,
without limitation, any liability, claim, loss, damage, or expense arising by reason of the following:
(a) The death or injury of any person, including Tenant or any person who is an employee or agent of
Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or
by any person who is an employee or agent of Tenant, from any cause whatever while that person or property
is in or on the Premises or in any way connected with the Premises or with any of the Improvements or
personal property on the Premises;
(b) The death or injury of any person, including Tenant or any person who is an employee or agent of
Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or
any person who is an employee or agent of Tenant, caused or allegedly caused by either (1) the condition of
the Premises or some building or improvement on the Premises, or (2) some act or omission on the Premises
of Tenant or any person in, on, or about the Premises with the permission and consent of Tenant;
(c) Any work performed on the Premises or materials furnished to the Premises at the instance or
request of Tenant or any person or entity acting for or on behalf of Tenant; or
(d) Tenant's failure to perform any provision of this lease or to comply with any requirement of law or
any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political
subdivision.
Section 8.02. Liability Insurance .
Tenant shall, at Tenant's own cost and expense, procure and maintain during the entire term of this
lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance
company licensed by the State of California insuring Tenant and Landlord against loss or liability caused by or
connected with Tenant's occupation and use of the Premises under this lease in amounts not less than the
following:
(a) Public liability and property damage insurance with a single combined liability limit of not less
than $1,000,000.00 (One Million Dollars) insuring against all liability of Tenant and its authorized
representatives arising out of and in connection with Tenants use or occupancy of the Premises.
Section 8.03. Fire and Casualty Insurance
Tenant shall, at Tenant's own cost and expense, at all times during the term of this lease, keep all
Improvements on the Premises insured for their full replacement value by insurance companies authorized to
do business in the State of California against loss or destruction by fire and the perils commonly covered
under the standard extended coverage endorsement to fire insurance policies in the county where the Premises
are located. For as long as there is any Leasehold Encumbrance in existence, that policy shall also contain a
standard lender endorsement.
Section 8.04. Specific Perils to Be Insured
Notwithstanding anything to the contrary contained in Section 8.03 of this lease, the insurance required
by Section 8.03 of this lease shall, whether or not included in the standard extended coverage endorsement
referred to in Section 8.03, insure all Improvements on the Premises against loss or destruction by windstorm,
cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism,
aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 8.03 of
this lease during the construction of the Community Center described in Article 5 shall include coverage for
course of construction, vandalism, and malicious mischief, insuring the Community Center during its
construction and all materials delivered to the site of the Community Center for their full insurable value.
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Section 8.05. Deposit of Insurance With Landlord and Lender
Tenant shall, within 10 days after the execution of this lease and promptly thereafter when any such
policy is replaced, rewritten, or renewed, deliver to Landlord and Lender a true and correct copy of each
insurance policy required by this Article of this lease or a certificate executed by the insurance company or
companies or their authorized agent evidencing that policy or policies.
Section 8.06. Notice of Cancellation of Insurance
Each insurance policy required under this Article shall contain a provision that it cannot be cancelled
for any reason unless 30 days' prior written notice of the cancellation is given to Landlord and to Lender in the
manner required by this lease for service of notices on Landlord by Tenant.
ARTICLE 9
CONDEMNATION
Section 9.01. Total Condemnation
If, during the term of this lease, fee title to all of the Premises or to all of the Improvements, or the
entire leasehold estate of Tenant is taken under the power of eminent domain by any public or quasi -public
agency or entity (a "Total Taking"), this lease shall terminate as of 12:01 A.M. on whichever of the following
occurs first: (1) the date legal title becomes vested in the agency or entity exercising the power of eminent
domain, or (2) the date actual physical possession is taken by the agency or entity exercising the power of
eminent domain. Thereafter, both Landlord and Tenant shall be released from all obligations under this,lease.
Section 9.02. Partial Taki4-Parking Areas
If, at any time during the term of this lease, a taking occurs that is less than a Total Taking and affects
the parking areas for the Community Center, all compensation and damages payable for that taking shall be
made available to and used, to the extent reasonably needed, by Tenant to repair any portion of the remaining
parking areas damaged by the taking and to replace the parking areas taken with other new parking areas on
the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and
specifications for the replacement parking areas must first be approved in writing by Landlord.
Notwithstanding anything to the contrary in this Section, if the portion of the parking areas taken by eminent
domain results in a net loss of 25 percent or more of the area of the Premises that can, after considering any
replacement parking areas that can be lawfully constructed on the remaining portion of the Premises by
reasonable methods, be devoted to parking areas as compared with the area devoted to those parking areas
immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of
this lease.
Section 9.03. Partial Taking -Improvements
If at any time during the term of this lease a taking occurs that is less than a Total Taking and affects
the rentable portion of the Improvements on the Premises, all compensation and damages payable for that
taking (excluding any portion payable for a taking of parking areas) shall be made available to and used, to the
extent reasonably needed, by Tenant to repair any portion of the remaining rentable portion of the
Improvements damaged by the taking and to replace the rentable portion of the Improvements taken with other
new rentable space on the portion of the Premises not taken, provided that replacement is then permitted by
existing law. Pians and specifications for the replacement rental space must be compatible, in tenors of
architecture and quality of construction, with the Improvements not taken and must be first approved in
writing by Landlord. Notwithstanding anything to the contrary in this Section, if the rentable portion of the
25R-14
Improvements taken by eminent domain results in a net loss of 25 percent or more of the area of the Premises
that can, after considering any replacement rentable space that can be lawfully constructed on the remaining
portion of the Premises, be devoted to rentable space as compared with the area devoted to that rentable space
immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of
this lease.
Section 9.04. Termination for Partial Taking
Tenant may terminate this lease for the reasons stated in either Section 9.02 or Section 9.03 of this
lease, or both, by serving written notice of termination on Landlord within 90 days after Tenant has received
from Landlord or from the condemning authority written notice of an intended taking that sets forth the extent
and scope of the intended taking. If Tenant elects to terminate this lease, the effective date of termination shall
be the earlier of (1) the date of termination specified in Tenant's notice to Landlord or (2) the date the
condemning authority takes physical possession of the portion of the Premises taken by eminent domain. On
termination of this lease under this Section, all subleases and subtenancies in or on the Premises or any portion
or portions of the Premises created by Tenant under this lease shall also terminate and the Premises shall be
delivered to Landlord free and clear of all such subleases and subtenancies; provided, however, that Landlord
may, at Landlord's option, by mailing written notice to any subtenant, allow the subtenant to attorn to
Landlord and continue its occupancy on the Premises as a tenant of Landlord.
Section 9.05. RESERVED
ARTICLE 10
ASSIGNMENT AND SUBLEASING
Section I0.01. No Assignment Without Landlord's Consent
Tenant may assign this lease or any interest in this lease, subject to the prior written consent of
Landlord. Landlord shall grant consent if the proposed assignee is financially qualified and has sufficient
experience in the operation and management of a community center. to perform all the agreements,
undertakings, and covenants of this lease and all other agreements entered into by Tenant which relate to the
management, operation, maintenance, construction, and restoration of the Improvements and the Premises. To
assist Landlord in determining whether or not the proposed assignee is so qualified, Tenant shall furnish to
Landlord at no expense to Landlord, before that assignment, detailed and complete financial statements of the
proposed assignee, audited by a certified public accountant reasonably satisfactory to Landlord (if the
proposed transferee causes its statements to be so audited in its normal course of business), together with
detailed and complete information about the business of the proposed assignee, including its experience in
operating community centers, the use to be made of the Premises and Improvements by the proposed assignee,
projections by the proposed assignee of the sources of funds to be used to repay any indebtedness of Tenant
that the proposed assignee will assume or take subject to, or agree to pay to Tenant, and other claims on and
requirements for those funds, together with any other information as Landlord may reasonably require to assist
Landlord in determining whether or not the proposed assignee is so qualified. Landlord shall have 30 days
after receipt of the information described above to notify Tenant of whether it consents or does not consent to
the proposed assignment. A consent by Landlord to one assignment shall not be deemed to be a consent to any
subsequent assignment. Any assignment made contrary to the terms of this Section shall be null and void
unless otherwise permitted by this Article.
Section 10.02. Leasehold Encumbrances and Subsequent Transfers
25R-15
Notwithstanding the provisions of Section 10.01 of this lease, Tenant may without the prior written
consent of Landlord transfer and assign all Tenant's interest under this lease and Tenant's leasehold estate
created under this lease to a Lender under a Leasehold Encumbrance (as defined in Section 6.01 of this lease).
Any transfer, conveyance, or assignment resulting from a foreclosure or acceptance of a deed in lieu of
foreclosure by any Lender (as defined in Section 6.01 of this lease), or any transfer, conveyance, or
assignment by any Lender following its acquisition of this lease and the leasehold estate of Tenant created by
this lease as a result of foreclosure or acceptance of a deed in lieu of foreclosure shall not require the prior
consent of Landlord.
Section 10.03. Tenant's Right to Sublease
Tenant shall have the right to sublease all or any portion of the Premises from time to time, and at all
times during the term of this lease, without Landlord's consent; provided, however, that the following
conditions are met:
(a) The term of any sublease shall not extend beyond the term of this lease;
(b) Any and all subleases shall be expressly made subject to all of the terms, covenants, and conditions
of this lease; and
(c) Any subtenant shall be required to attorn to Landlord in the event of Tenant's default under this
lease.
ARTICLE 11
DEFAULT AND REMEDIES
Section 11.01. Continuation of Lease in Effect
Should Tenant breach this lease and abandon the Premises before the natural expiration of the lease's
tern, Landlord may continue this lease in effect by not terminating Tenant's right to possession of the
Premises, in which event Landlord shall be entitled to enforce all Landlord's rights and remedies under this
lease, including the right to recover the rent specified in this lease as it becomes due under this lease.
Section 11.02. Termination and Unlawful Detainer
In the event of a tenant default under this lease, Landlord may terminate this lease by written notice to
Tenant and may also do the following:
(a) Bring an action to recover the following from Tenant:
(1) The worth at the time of award of the unpaid rent that had been earned at the time of termination of
the lease; or
(2) Any other amount necessary to compensate Landlord for all detriment proximately caused by
Tenant's failure to perform Tenant's obligations under this lease; and
(b) Bring an action, in addition to or in lieu of the action described in subparagraph (a) of this Section, to
reenter 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 11.03. Breach and Default by Tenant
All covenants and agreements contained in this lease are declared to be conditions to this lease and to
the term hereby leased to Tenant. Should Tenant fail to perform any provision, covenant, condition, or
agreement contained in this lease and the default is not be cured within 30 days after written notice of the
default is served on Tenant by Landlord, then Tenant shall be in default under this lease.
25R-16
Section 11.04. Cumulative Remedies
The remedies given to Landlord in this Article shall not be exclusive but shall be cumulative with and
in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease.
Section 11.05. Waiver of Breach
The waiver by Landlord of any breach by Tenant of any of the provisions of this lease shall not
constitute a continuing waiver or a waiver of any subsequent breach by Tenant of either the same or a
different provision of this lease.
Section 11.06. Surrender of Premises
On expiration or earlier termination of this lease, Tenant shall surrender the Premises and all
Improvements in or on the Premises to Landlord in as good, safe, and clean condition as practicable,
reasonable wear and tear excepted.
Section 11.07. Arbitration
A. Arbitration of Disputes. [Note that the provisions of this Section are not applicable and
binding unless initialed by both Parties.]
1. Any claim, controversy, dispute or disagreement related to this Agreement shall, at
the request of either Party hereto, be submitted to final and binding arbitration before the American
Arbitration Association ("AAA') in Orange County, California, pursuant to the AAA's Commercial
Arbitration Rules in effect at the time a request for arbitration is filed (the "AAA Rules'). The Parties hereby
irrevocably consent to venue in Orange County, California. The arbitrator (the "Arbitrator') shall be
appointed pursuant to the procedures set forth in the AAA Rules. The arbitration shall commence at the
earliest possible opportunity unless otherwise agreed in writing by the Parties hereto. The Parties shall
promptly and diligently cooperate with one another and the Arbitrator, and shall perform such acts as may be
reasonably necessary to obtain a prompt and expeditious resolution of the dispute or controversy in
accordance with the terns hereof. The Parties agree that the Arbitrator shall have the power to decide all
issues of fact and law and report its decision thereon and issue all legal and equitable relief appropriate under
the circumstances of the controversy or dispute before it. The Arbitrator shall try all issues, whether of fact or
law, and record a finding and judgment thereon and shall hear and determine all pretrial issues and motions
and post -trial motions related to the judgment filed or to be filed and to act on all matters related thereto which
maybe within the jurisdiction of the Superior Court of the State of California. With respect to substantive (as
opposed to procedural) matters, the Arbitrator shall be required to apply the laws of the State of California
when deciding the issues of the Arbitration and rendering its decision. Except as otherwise provided by the
AAA Rules, all rules of evidence as set forth in the California Evidence Code, other statutory and decisional
law of California and all local court rules and California Rules of Court shall be applicable to any proceeding
before the AAA. The Arbitrator shall render its final decision in writing, stating the reasons for each
component of its decision. The Parties agree to be bound by the final decision of the Arbitrator and to
promptly provide the Arbitrator and the other Party(ies) with any and all documents, instructions or other
information necessary to allow the Arbitrator to arrive at its decision and to give effect to that decision. The
cost of such proceedings shall be borne equally by the Parties to the dispute.
2. Delhi's resort to, or participation in, any arbitration proceeding shall not bar suit by
Delhi in a court of competent jurisdiction for specific performance unless and until the arbitration proceeding
results in a judgement in favor of the City in which event such judgement and award shall act as a bar against
any further action by Delhi for specific performance.
25R-17
3. BY INITIALING IN THE SPACE BELOW; THE PARTY INITIALING IS
AGREEING TO THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION AND IS
AGREEING TO GIVE UP SUCH RIGHTS AS THE PARTY MIGHT OTHERWISE POSSESS TO HAVE
SUCH DISPUTES) LITIGATED IN A COURT AND/OR IN FRONT OF A JURY. FURTHER, BY
INITIALING BELOW, THE PARTY INITIALING ACKNOWLEDGES AND AGREES THAT: (i) IT IS
GIVING UP ANY RIGHTS TO DISCOVERY AND/OR APPEAL UNLESS SUCH RIGHTS ARE
SPECIFICALLY INCLUDED IN THE ARBITRATION PROVISION OF THIS SECTION OR
OTHERWISE PROVIDED FOR BY WAY OF THE AAA RULES OR THE MUTUAL AGREEMENT OF
THE PARTIES IN SUCH ARBITRATION PROCEEDING, AND (ii) IF IT REFUSES TO SUBMIT TO
ARBITRATION AFTER AGREEING TO•THIS PROVISION, SAID PARTY MAY BE COMPELLED TO
ARBITRATE T THORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
City D'el h i
ARTICLE 12
OTHER PROVISIONS
Section 12.01. Force Maieure
Except as otherwise expressly provided in this lease, if the performance of any act required by this
lease to be performed by either Landlord or Tenant is prevented or delayed by reason of any act of God,
strike, lockout, labor trouble, 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. However, nothing contained in this section shall excuse the
prompt payment of rent by Tenant as required by this lease or the performance of any act rendered difficult or
impossible solely because of the financial condition of the party required to perform the act.
Section 12.02. Attorneys' Fees
Should any litigation be commenced behveen the parties to this lease concerning the Premises, this
lease, or the rights and duties of either in relation thereto, each party in that litigation shall bear its own
attorney fees and costs associated therewith.
Section 12.03. Notices to Landlord
Except as otherwise expressly provided by law, any and all notices or other communications required
or permitted by this Iease or by law to be served on or given to Landlord by Tenant or any Lender described in
Article 6 of this lease shall be in writing and shall be deemed duly served and given when personally delivered
to Landlord by personal service on the Clerk of the Council, or, in lieu of personal service, when deposited in
the United States mail, first-class postage prepaid, and sent by express mail that allows for tracking, addressed
to Landlord at Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, M-30, Santa Ana, California,
92701. Landlord may change Landlord's address for the purpose of this section by giving written notice of that
change to Tenant in the manner provided in Section 12.04; Tenant shall then transmit a copy of that notice to
any Lender described in Article 6 of this lease.
25R-18
Section 12.04. Notices to Tenant
Except as otherwise expressly provided by law, any and all notices or other communications required
or permitted by this lease or by law to be served on or given to Tenant by Landlord shall be in writing and
shall be deemed duly served and given when personally delivered to Tenant, any managing employee of
Tenant, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid,
and sent by express mail that allows for tracking, addressed to Tenant at Delhi Community Center, 542 East
Central Avenue, Santa Ana, California, 92707. Tenant may change its address for the purpose of this section
by giving written notice of that change to Landlord in the manner provided in Section 12.03 of this lease. .
Section 12.05. Goveming Law
This lease, and all matters relating to this lease, shall be governed by. the laws of the State of California
in force at the time any need for interpretation of this lease or any decision or holding concerning this lease
arises.
Section 12.06. Binding on Heirs and Successors
This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto, but nothing in this section shall be construed as a consent by
Landlord to any assignment of this lease or any interest in the lease by Tenant except as provided in Article 10
of this lease.
Section 12.07. Partial Invaliditv
If any provision of Shis lease is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the
holding.
Section 12.08. Sole and Onlv Agreement
This instrument constitutes the sole and only agreement between Landlord and Tenant respecting the
leasing of the Premises to Tenant and the lease terns set forth in this lease, and correctly sets forth the
obligations of Landlord and Tenant to each other as of its date. Any agreements or representations respecting
the leasing to Tenant by Landlord, or any other matter regarding this lease not expressly set forth in this
instrument are null and void.
Section 12.09_ Time of Essence
Time is expressly declared to be of the essence of this lease.
Section 12.10. Recordation of Lease
This Lease, its Exhibits, and all attachments thereto, shall be recorded with the County Recorders
Office, County of Orange, California, pursuant to California Government Code Section 37393.
25R-19
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA, a municipal corporation
and charter city duly organized and existing under
the Constitution and laws of the State of California
Patricia E. Healy e t
Clerk of the Council Mayor
APPROVED AS TO FORM: DELHI CENTER, a Californias nonprofit public
benefit corporation
a
ary A. tz Irene M ' z
sist t Ci Att a Executive. irector/j
! Y
Al Chavez
Chair
Board of Trustees
25R-20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On b-b-C'J�l , before me, fL ill4efh X 12,,Wi- ,1/ ✓ V 01'&&4(-.
' Da" Name wo TAb W oo ofter (e.g.. *Jam Dft"n
personally appeared _ , L (*l, 4 ✓ C ?-
Nrnap) a stQmtq
aaRABUH /L DANG
j Corn., # 1273D53
��
MYCorrrn,E ghsfto&2W4
❑ personally known to me
Z proved to me on the basis of satisfactory
evidence
to be the person(sj whose name(s) is/aw
subscribed to the within instrument and
acknowledged to me that he/sheAhey executed
the same in his/hef,rMl,eir authorized
capacity(iesj, and that by his/befftt+eir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Mona omik- of Notary PL Ok
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.110 1:13011
0 Individual Top Of ellunb here
0 Corporate Officer — Title(s):
L Partner — C Limited G General
❑ Attorney in Fact
G Trustee
D Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1999 NaamW HM q A2606 aorl •9730 Da Sub A—. P.O. 0. 2402 • ChabWGr94 CA 91313-2402 • rr�w.rWbnalmWy.pe Prod. No SW namd- Cal 79a•Fraa 120"766927
25R-21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of OPZIn
On .P,vv) before me, f_ l t 7,I,!Mt A jfriWk 110 T I,'rV / ,A�L
oat$ Name mW TA& d O w 0.9 -'Jun Doe. Nowt' 7
personally appeared f t.^ t:V � /–.14X i t PO _Z-
Non(s) d 5004s)
BRABEni A. DANG
_ ConrrrJulon#IV3053
cm rw Courtly
WhyCDr mEX*wAug4X04
❑ personally known to me
!V proved to me on the basis of satisfactory
evidence
to be the person(a) whose name(s) is/ere
subscribed to the within instrument and
acknowledged to me that7Wshe/they executed
the same in trWgNtheir authorized
capacity(ies), and that by -his/her/"r
signature(s) on the instrument the personA, or
the entity upon behalf of which the persoRW
acted, executed the instrument.
IL WITNESS my handandofficial seal.
P1se Notary Seal Above Sipr>MtA d Notary R1b6c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
C Partner — O Limited ❑ General
0 Attorney in Fact
❑ Trustee
Q Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
O f 99a N99ana HWR-Y Aaooaam -9050 M Solo Aw . P.O. flax NO2-Clrsaa.o� CA 91310.2402 ---a.nl*awratry.aq
25R-22
R1GFiT THUMBPRINT
OF SIGNER
Roe. Na 59W PA~.. Cat Toll -F— 14004176 -Ml
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On 10/04/2000 before me, Elizabeth A. Dang, Notary Public
DoW - Name wW Te. or Oftw (a q..'.)eoe Dov. N9hly Pudic*)
personally appeared Miguel A. Pulido
Nam*.) or 54 --IS)
OWA6ETH A. DANC
Corrvrisd n # 1273=
Comm. BP'M-ALQ 6.2W4
Notary Pub5c - Carkn1a
Ormw Count
a-�t +rr-c+r-�►
Plac. Notary soul Ab—s
13 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that helsbeltheyt executed
the same in his/herltheif authorized
capacity(ias)r and that by his/herillheW
signatureM on the instrument the persons} or
the entity upon behalf of which the persons)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
C Individual
❑ Corporate Officer — Title(s): rop of MWb here
❑ Partner — ❑ Limited 0 General
G Attorney in Fact
❑ Trustee
C Guardian or Conservator
❑ Other.
Signer Is Representing:
O 1999 146ft NnrY As""On • 9050 Oa Sola Ave.. P.O. em 24M • Chatw Vt CA 0131324M •—.0—kV"g hod Nov 9907 NamEaG c" T"— 1-@06070.0027
25R-23
Attachment
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25R-25
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SKETCH TO ACCOMPANY LEC3AL DESCFUMM
25R-26
DESCRIPTION
THAT PORTION OF LOT 1 IN BLOCK 2 OF TRACT 39, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTCORNER :OF SAID. LOT 1;. SAID CORNER BEING
A POINT ON THE NORTH LINE OF CENTRAL AVENUE (60 FEET WIDE) AS SHOWN
SAID MAP OF TRACT 39, THENCE SOUTH 880 3075' EAST ALONG SAID NORTH
LINE OF CENTRAL AVENUE A DISTANCE OF 188.82 FEET; THENCE LEAVING SAID
NORTH LINE OF CENTRAL AVENUE, NORTH 1029'35* EASTA DISTANCE OF 79.18
FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 880 30'25' EAST A
DISTANCE OF 216.99, THENCE NORTH 1029' 35' EAST A DISTANCE OF 209.00
FEET; THENCE NORTH 880 30'25' WEST A DISTANCE OF 216.99; THENCE SOUTH
1029' 35' WEST A DISTANCE OF 209.00 FEETTO THE TRUE POINT OF BEGINNING.
25R-27
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PLANTING PLAN 03C.012n
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
10/7/2016
THIS CERTIFICATE IS ISSU'E011 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE 'CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, (EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) roust be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require aro endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Certificate Issuance Team
NAME:
Comprehensive Insurance Services
PHONE (949)709-8800 FAX(949)709
(At C,No._Ext1., _._, _... _ .... .. 'AIC NOL
26429 ]2anetlo Parkway South
E-MADDRESS info@thecomprehensiveinsurance.com
INSURER(S)AFFORDING mCOVERAGE NAIL#
Suite 12.0
Lake Forest CA 92630
msuRERA:Nonprofits Ins Alliance of CA 11645
INSURED_.._._..
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INSURERB:CompfinTest Insurance Company 1.21.77
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Delhi. Center
505 E. Central Ave.
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MED EXP' Any one person)
INSURER E :',...
._....... ........... ........_ . ........
INSURERF:
Santa Ana CA. 927u/
COVERAGES CERTIFICATE NUMBER:GL/Auto/WC REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSIURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
......._.....__._._....., .. _.....
II flii
LTR
ADDL
TYPE OF INSURANCE
SUER'
1
POLICY NUMBER
POLICY EFF
AIMIDDfYYYY
FOLIC(" EXP _
MMIDDIYYYY
__.._..._...._.._.
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1, 000.., 000
A
CL6�NM-hAAU'�C ��rCCUR
DAMAGE To RE. LTTEF'._......_.....m.__...._._._.
PRErdGCu(Ca oxurrencen
500, 000
$X
MED EXP' Any one person)
$ � m mmmm20,000
2016 -01376 -NPO
11/1/2016
11/1/2017
1
PER ON/m L&ADVIN3JR'r
$ 1,400,000
GENFRAD AGGREGATE
$ 3,000,000
GENT AGGRCGATF LINUT APPLIES PER. {
POLICY JECT l�. k 0
PRODILICJ -2Gr if'OPAGG
....... .......m..._,_.......
$ 3,440,000
OTHER.
1
1
$J DeduciON,
$
LIABlLITY
�,:QIVFJ9 NFD SflNGI_E LIMIT
(Ea ec6dani.'
$AUTOMOBILE 1, 000, 000
BGDILY INJURY (Per person l
$
A
X
ANY AUTO
A,Ln✓ .aYu`NED 5 HECULEE,
J U /.I,Ta3
NGN 4]M1NNEU
= X AUTOS
ItlIR.1L1UP�UI' Ger"
701,6 -61.376 -PPO ..1111/2016
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11./1/2677IR001IYri11);
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UMBRELLA LIAR OCCUR
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EACH OCCURRENCE
:r
AGGREGATE
ATE
$
EXCEiSSLIAB CLAIMS -MADE �
-
CbE::� 4E i ENTICdM1I $ �
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B
I ON
AND EMPLOYERS' LIABILITY+STATU
ANN PRO PR•.IETORiPARTNEEiE ECG...iTI'JE YIN ,,NPA
PFICE IMEMBER EXCLUDED
''.(Mandatory in NH) �.
+ �^�
^ r ,y t, `\,..1
WCV5966420
11/1./2016
11/1/2017'
PER LF
L EACHACCIDENT FR 1
E..L.IDTtiE.A,SE-E,hErvrIPLOY"1EE
. $ ,...w._ 1,000,0010 ...
$ 1,000,000
If ye ,, odescribe lunde�r
-'
DESCRIPTION JSP OPERA'TION;'Sbelow
E.. L.DtlSEASE- POLICY Lltdi_ I
$ 1,000, 000
A
Soc'.ial Sery ProfessionaL
261.5 -01376 -NPO
11/1/2016
11/1/2017
'63.1300000Agg/I.Nd9.0000cc $0 Deductible
A
Improper Sexual. Conduct
2016-61376-IUPO
11/1/2016
11/1/2017
!6f.00Un00.=k0g7N,G00,U100�aa�c $0 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101„ Additional Remarks Schedule, may be attached if more spade is required)
The City of Santa Ana its officers, employees, agents and volunteers are included as Additional Insured
automatically per written contract or agreement per attached endorsement CG2026. 30 day notice of
cancellation with 1.0 day notice of cancellation for non-payment of premium per policy provision.
City of Santa Ana
20 Citric Center Plaza
Santa Ana, CA 92702
ACORD 25 (2014/01)
INS025 (201401 )
HUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL'LE'D BEFORE
THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE.
chard Evnon/JEREMY
U 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
me] 0 14 a 15111 R 1 1.1 a 11N K#J 1001112 BY161 01 a*]
COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
I Name Of Additional Insured P'erson(s) Or Organization(s) I
Any person or organization that Volu are required to add as an additional insured on this
policy, under a written contract or agreement current) V in effect, or becoming effective
during the term of this policy. The additional insured status will not be afforded with respect
to liability arising out of or related to your activities as a real estate manager for that person or
organization.
I information required to complete this Schedule, if not shown above, will be shown In the Declarations. I
A. Section 11 — Who Is An Insured additional
insured the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions of those
acting on your behalf:
1. In the performance of your ongoing operations; or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by law',
and
2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be broader
than that which you are required by the contract or
agreement to provide for such additional insured.
13. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the, additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of insurance shown in the
Declarations.
'A
ell
A40
CG 20 26 04 13 @ ISO Properties, Inc., 2012 Page 1 of 1