HomeMy WebLinkAboutCORBIZ, LLC. 3 - 2014INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: JAN 2 C� ?111
RIGHT OF ENTRY AND
LICENSE AGREEMENT
(207 W. Second Street, Santa Ana, CA)
A-2014 -350
THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ( "Agreement ") is made and
entered into this 2 "d day of December 2014 by and between the CITY OF SANTA ANA, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California, (hereinafter referred to as the "City "), and Corbiz, LLC, a California
limited liability company (herein referred to as "Licensee "), with respect to the following:
RECITALS:
A. Licensee owns and intends to make available for lease the building located on that certain
property located at 207 West Second Street, Santa Ana, CA (hereinafter `Building ").
B. City owns or has an easement for public alley purposes in, over, and upon the north /south
alley north of Second Street between Broadway and Sycamore Street (hereinafter
"Alley") which abuts the west side of the Building.
C. Licensee desires a license to maintain a permitted utility enclosure, as well as construct
and maintain an outdoor patio area, both within a portion of the Alley adjacent to the
recessed portion of the Building (hereinafter referred to as "License Area " or the
"Premises "), as described in Exhibit A and depicted in Exhibit B, attached hereto and
incorporated by reference.
D, Licensee has previously obtained a permit from the City permitting the construction of a
utility enclosure (including within the enclosure, an eight foot high block wall, three
electrical panels, water main manifold and gas meters) within a portion of the Alley as
shown in Exhibit A and identified as "Utility Area," and such permitted use may continue
notwithstanding the termination of this Agreement.
NOW, THEREFORE, for good and valuable consideration, Licensee and City do hereby
agree as follows:
RIGHT OF ENTRY AND LICENSE
(a) The City hereby grants to Licensee a personal, non - exclusive, revocable (as
provided herein) license (the "License ") upon each of the covenants and conditions set forth
herein for the period commencing on December 3, 2014 after execution of this License
(hereinafter "Commencement Date "), for a five (5) year tern ending on December 31, 2019,
subject to annual renewal or cancellation by the Executive Director of Public Works, or his
designee, as hercin set forth, a license to operate an outdoor patio space of approximately 924
square feet (hereinafter referred to as "Patio Area ") in the portion of the public Alley adjacent to
certain real property located at 207 West Second Street, in the City of Santa Ana, County of
Orange, State of California, more particularly described in "Exhibit A" attached hereto and
incorporated herein by reference. The Patio Area may be. referred to as the "Premises" herein.
This License is made subject and subordinate to the prior and continuing right of Licensor to
use the Premises or the use of the public right -of -way.
(b) Provided that all of the terms and conditions of this Agreement are filly satisfied
as of the Commencement Date of this Agreement, City hereby grants to Licensee and its
employees, agents and contractors the non - exclusive, non - assignable, personal, revocable right
(as provided herein) and license to install and maintain within the Patio Area a three foot six inch
high combination block wall /wrought iron fence, eight - 96" tall gas lamp lighting fixtures with
supporting gas supply line, and brick pavers to match the existing adjacent Alley surface.
Utilities to serve a potential fire pit and a water feature are also included within the permitted
uses of the Premises. Except for the rights and uses expressly granted and permitted under this
Agreement, it is expressly understood that this Agreement does not in any way whatsoever grant
or convey any other rights of possession, any easement interest or other cognizable property
interest in said Premises.
(c) Licensee may not use the Patio Area to dispense food and beverage products
unless and until Licensee (or its tenant) applies for and secures an outdoor dining license
agreement in compliance with the City's Outdoor Dining Ordinance Standards and Procedures
on file with the City's Public Works Agency. Should Licensee (or its tenant) secure an outdoor
dining license agreement for the use of the Patio Area, Licensee (or its tenant) may use the Patio
Area for outdoor dining and this Agreement shall become null and void and Licensee (or its
tenant) shall follow the rules and regulations pertaining to the Outdoor Dining Ordinance (Santa
Ana Municipal Code Section 33 -168 through 33 -180) and any agreements issued thereunder.
2. LICENSE AND RENEWAL FEE
Licensee shall pay to the City a License fee equivalent to the Outdoor Dining Application
Fee of $1,208.57. Every year hereafter, the Licensee may renew the License subject to a License
renewal fee at a rate equivalent to the Outdoor Annual License Fee to as set by the resolution of
the City Council, as amended from time to time, for the use of the Premises. The current License
renewal fee for fiscal year 2014/2015 is $0,79 per square foot of the Premises.
1)
Payment of this License fee to the City shall be made payable to the order of the "City of
Santa Ana" and delivered to the Transportation & Development Services Division of the Public
Works Agency.
3. EQUIPMENT
(a) Licensee shall, at its sole cost and expense, furnish all required physical batTiers
or other design elements, consistent with the City Municipal Code, City Build n.- Code and any
related regulations, around the Premises in such a manner to ensure that use of the Premises will
not cause a safety hazard to pedestrians.
(b) All equipment and furnishings and the cost of their installation and maintenance
shall be provided at the sole expense of Licensee. All such equipment which is affixed to the
Premises shall be used in the Premises, shall be deemed to be Licensee's personal property, and
shall be removed immediately by Licensee at the termination of this License Agreement.
(c) Licensee shall not modify the public alley in any manner without prior written
approval of the Executive Director of the City's Public Works Agency or his designee
( "Executive Director ").
(d) Concurrent with removal of Licensee's fixtures and equipment, Licensee, at its
own expense, shall return the Premises to substantially the same or better condition as the
Premises existed as of the Commencement Date to the reasonable satisfaction of the Executive
Director.
4. UTILITIES
The LICENSEE shall pay all charges for fuel, gas, water, electricity, telephone services,
and any other utilities necessary to carry on the operations of Licensee within the Premises.
Licensee may apply to the City's Building and Safety Division for a permit to supply electricity,
water and /or natural gas to the Patio Area. Such penult would include a lighting plan which
abides by the requirements in pertinent City codes and regulations.
5. PREMISES MAINTENANCE AND MANTENANCE DEPOSIT
(a) Licensee at its own expense shall keep the Premises in a clean and sanitary
condition and upon expiration of this License Agr=nent, or upon earlier termination of this
3
License Agreement, shall return the Premises to the City in substantially the same or better
condition as the Premises existed as of the Commencement Date.
(b) Upon execution of the License Agreement, Licensee shall provide a sidewalk
maintenance deposit in the form of a cash deposit in the amount of One Thousand Dollars
($1,000.00).
Said deposit shall be held by the City, without liability for interest, as security for the
faithful performance by Licensee of terms, covenants and conditions of this Agreement
pertaining to Licensee's maintenance of the public sidewalk, Alley, paving and fixtures.
During the term of this License Agreement, the City shall have the right, at its option, to
appropriate and apply the entire maintenance deposit or so much thereof as may be necessary to
compensate the City for all repairs to the alley surface due to breach of this maintenance
covenant on the part of Licensee. Should the entire deposit or any portion thereof be
appropriated and applied by the City hereunder, Licensee shall, upon written demand of the City,
forthwith remit to the City sufficient amount to restore said maintenance deposit to the original
sum deposited. Licensee's failure to do so within five (5) business days after receipt of such
demand shall constitute a breach of this Agreement. The rights and remedies granted to City
pursuant to this Paragraph are in addition to City's other remedies as provided in this License
Agreement and by law. The deposit will be refunded upon termination of the License
Agreement after an inspection of the condition of the alley surface, paving and fixtures by the
City's Public Works Agency,
6. GARBAGE AND RUBBISH
Licensee's management shall keep the Premises clear of litter and graffiti. No boxes,
barrels, supplies or rubbish in any form shall be kept, piled or stored in the Premises unless
approved in writing by City. As required by the City, Licensee shall provide standard garbage
receptacles, shall place therein all garbage and refuse, and shall arrange with the City's
Sanitation Division or other approved contractor for collection from an approved location at
Licensee's expense.
4
7. ALTERATIONS AND REPAIRS
Licensee accepts the Premises in the condition they now are, and City shall not be
required to make any alterations, improvements or repairs therein or thereon. Licensee hereby
waives any and all rights, if any it may have, to any expressed or implied warranties concerning
the condition of Premises. Licensee shall not make any changes or remove any portion of the
Premises without first securing the prior written consent of the Executive Director, which
consent shall not be unreasonably withheld or delayed. All such approved changes or removals
shall be at the sole expense of Licensee.
8. SIGNS AWNINGS UMBRELLAS MUSIC AND MERCHANDISE
Licensee shall be allowed to install and use awnings or free - standing umbrellas provided
they meet the City's Building Code with any required permits for placement and maintenance.
No signs or advertising matter of any kind shall be displayed in the Premises, except as approved
by the City's Planning Department and in compliance with the City's Building Code, obtaining
any required permits. Unamplified musical instruments or sound reproduction systems are
permitted in the Premises, but shall be maintained at sufficiently low volumes so as not to unduly
intrude on neighboring businesses, residents, or users of the public right -of -way beyond the
Premises.
9. CONDUCT
Licensee shall'at all times conduct its business or operate its business within the Premises
in a quiet and orderly manner to the satisfaction of the City so that same shall not become or
constitute a nuisance either public or private.
10. MECHANICS' LIENS
Licensee shall keep said Premises and every estate, right, title and interest therein, or in
or to any pail thereof, at all times during the term of this License Agreement, free and clear of
any mechanics liens, and other liens, and liens for labor, services, supplies, equipment, or
material incurred by it, and Licensee will at all times Hilly pay and discharge and wholly protect,
defend and hold handless the City on account of said hens, or claims, or assertions, or filing
thereof. City reserves the right, at its sole cost and expense, at any time, to post and maintain on
the Premises or any part thereof, any notices of non - responsibility or other notices as my be
5
desirable to protect the City against liability. In addition to, and not as a limitation of City's
other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of
written request from City, either to discharge any lien or to bond for any lien, or to defend,
indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim
arising out of a lien, then City, at its option, may elect to pay such lien, or settle or discharge
such lien and any action or judgment related thereto and all costs, expenses and attorney fees
incurred in so doing shall be paid to City by Licensee upon written demand.
11. INGRESS AND EGRESS
The City reserves the right with reasonable prior notice to Licensee to enter upon the
Premises covered by this License Agreement for purposes of inspection and maintenance as
provided herein, at any and all times during the term of this License Agreement. No
merchandise may be stored or displayed in the Premises.
12. TAXES
The Licensee shall exonerate, indemnify, and hold harmless the City from and against,
and shall defend the City from and against, and shall assume full responsibility for, payment of
all wages or salaries and all federal, state, and local taxes or contributions imposed or required
under the Unemployment Insurance, Social Security, Income Tax laws, Workers' Compensation
laws, or other laws with respect to the Licensee's employees engaged in the perfonnance of
Licensee's obligations and operations hereunder.
This Agreement may create a possessory interest in public property which is subject to
taxation. In the event such interest is created, Licensee shall pay any and all taxes levied on such
interest.
Licensee shall pay any and all taxes upon personal property and improvements belonging
to said Licensee and upon its possessory interests, if any, and Licensee shall pay all sales and
other taxes levied against the operation of said business.
13. INSURANCE
Prior to commencing occupancy of the Premises or commencing construction of any
improvements on the Premises, Licensee shall procure and maintain at Licensee's own cost and
expense for the duration of the License Agreement, the following insurance against claims 'for
6
injuries to persons or damages to property which may arise from or in connection with the
condition of the Premises or the possession, occupancy, operation and use of the Premises by
Licensee, Licensee's agents, representatives, employees, or subcontractors.
(a) Minimum Limits of Insurance.
amounts:
Licensee shall maintain limits of insurance coverage in the following minimum
1. Commercial General Liability: One Million Dollars
($1,000,000.00), combined single limit per occurrence for bodily injury
and property damage,
2. Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of One Million Dollars
($1,000,000.00) per accident. It is understood that Worker's
Compensation and Employer's Liability shall be maintained for
"Premises" whenever its required by law for construction, maintenance, or
License occupancy.
3. Personal Property Insurance: Property insurance shall be provided
for all Licensee's contents, inventory, equipment, and for any
improvements or betterments made by Licensee to the Premises. Licensee
shall obtain and keep in force during the term of this License Agreement a
policy or policies of insurance covering loss or damage to such equipment,
improvements or betterments located in, on, or upon the Premises, in the
amount of at least one hundred percent (100 %) of the full replacement
value thereof, as the same may exist from time to time, against all perils
included within the classification of fire, extended coverage endorsement,
vandalism, and malicious mischief endorsement. The City shall bear no
responsibility for any loss, damage, or destruction of Licensee's
equipment, improvements or betterments, even if Licensee fails to procure
and maintain the personal property insurance required hereunder.
(b) Other Insurance Provisions.
Insurance carriers providing coverages shall be "admitted carriers" as determined
by the State of California. Licensee shall procure an endorsement for the comprehensive
7
commercial general liability policy naming the City of Santa Ana, its elected and
appointed boards, officers, agents and employees as additional insureds with primary
coverage, on a City- approved Special Endorsement form, attached hereto as Exhibit C.
City shall be provided at least thirty (30) days written notice of any change in the terms
of insurance.
(c) Verification of Coverage.
Licensee shall furnish the City with certificates of insurance required by this
clause, and the City's duly executed Special Endorsement form. All verifications of
coverage shall be in a form satisfactory to the City Attorney's Office of City. The
certificates are to be signed by a person authorized by that insurer to bind coverage on its
behalf. Evidence of personal property insurance shall expressly provide for coverage of
the outdoor dining area.
(d) Increase in Required Insurance Coverages.
City may increase the dollar amount of coverage required under any of the
policies described above, upon prior written notice to Licensee.
14, GOVERNING LAW
This License shall be governed by and construed in accordance with the laws of the State
of California, with venue in Orange County.
15, COMPLIANCE WITH LAWS AND ORDINANCES
Licensee shall conduct its business in accordance with all the laws, ordinances, Arles and
regulations, applicable to such business as from time to time adopted by City, County, State and
the United States.
16. PERMITS AND LICENSES
The Licensee shall be required to obtain any and all permits or licenses that may be
required from time to time in connection with the services to be performed under this License
Agreement to comply with Licensee's covenant Linder Section 15 above.
8
17, PROHIBITION AGAINST TRANSFER
Except as provided below, Licensee shall not assign, sublease, hypothecate, or transfer
this Agreement or any interest therein directly or indirectly, by operation of laws or otherwise.
Any attempt to do so shall be null and void, and any assignee, sublessee, hypothecatee or
transferee shall acquire no right or interest by reason of such attempted assignment,
hypothecation or transfer. Notwithstanding the foregoing Licensee may sublease, assign or
transfer its rights under this Agreement to any tenant to whom Licensee leases the Building.
However, the Premises shall not be leased independently or separately from the Building. Upon
sale of the Building, this Agreement shall automatically terminate. Any subsequent Building
owner may meet with the City to request a License Agreement for the Premises with teams
similar to this Agreement.
13, WAIVERS
A waiver by the City of any breach of any teen, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other tern,
covenant or condition contained herein, whether of the same or a different character.
19. HOLDOVER
Any holding over by Licensee after the expiration or any termination of this License
Agreement or by any extension or renewal thereof shall not constitute a renewal or extension of
the term hereof.
20. HOLD HARMLESS
Licensee agrees to defend, indemnify and hold harmless the City of Santa Ana, members
of its City Council, boards and commissions, officers, agents, volunteers and employees
(hereinafter, collectively "the City "), from and against all loss, damage, cost, expense, liability,
claims, demands, suits, attorneys' fees and judgments ( "Claims ") arising from or in any manner
connected to Licensee's possession, occupancy or use of the Premises and /or arising from or in
any manner connected to the condition of the Premises and Licensee's business, activities,
operations, services or work conducted in, on or about the Premises.
Licensee further agrees to indemnify, defend and hold harmless the City from and against
all Claims arising from or in any manner connected to the furnishing or supplying of any work,
9
services, materials, equipment or supplies by any persons, firms, corporations or other entities in
connection with this License Agreement or Licensee's operations.
Without limiting the generality of the foregoing, Licensee agrees that City shall not be
liable for any injury to Licensee's business or any loss of income therefrom, or for damage to the
goods, wares, merchandise, improvements or other property of Licensee, Licensee's officers,
agents, employees, contractors, invitees, or customers, or any other person in, on or about the
Premises, or personal injury or death of Licensee, its officers, agents, employees, contractors
invitees, and customers.
Notwithstanding the foregoing, Licensee shall not be required to defend, indemnify or
hold harmless City for any Claims arising from the gross negligence or wrongful conduct of
City.
21. INDEPENDENT CONTRACTOR
It is understood and agreed that Licensee, in the performance of this License Agreement,
will be acting in a wholly independent capacity and not as agents, employees, partners, or joint
ventures of the City. This Agreement does not create a tenancy of any nature whatsoever
between the City and Licensee.
22. TERMINATION
In the event Licensee hereto fails to, or refuses to, perform any of the provisions hereof at
the time and in the manner required hereunder, Licensee shalt be deemed in default in the
performance of its obligations under this License Agreement. If such default is a monetary
default which is not cawed within a period of three (3) business days after receipt of written
notice of default from the City to Licensee, specifying the nature of such default and the stops
necessary to cure such default, the City may terminate this License Agreement forthwith by
giving to the defaulting party written notice thereof. If such default is a non - monetary default
which is not cured within ten (10) business days after written notice of default from City to
Licensee, specifying the nature of such default and the steps necessary to cure such default, the
Executive Director may suspend, terminate, or revoke this License Agreement forthwith by
giving to the defaulting party written notice thereof.
10
Either party shall have the option at any time, without cause, of terminating this License
Agreement on One Hundred Eighty (180) days written notice.
Upon any termination, the Licensee shall pay to the City that portion of the compensation
specified in paragraph 3 hereof unpaid by Licensee prior to the effective date of termination.
23. NOTICES
All notices, demands, requests, or approvals to be given under this License Agreement,
shall be given in writing and shall be deemed served when delivered personally, or by a
recognized overnight commercially courier or seventy -two (72) hours after the deposit thereof in
the United States Mail, postage prepaid, registered, or certified, addressed as hereinafter
provided.
TO CITY: Clerk of The Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, California 92702
With courtesy copy to:
TO LICENSEE: Alfonso G. Cordero
Corbiz, LLC
17531 VonKarman Avenue
Irvine, CA 92614
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (NI -21)
P.O. Box 1988
Santa Ana, California 92702
Any party hereto may, from time to time by notice in writing served upon the other party
as aforesaid, designate a different mailing address or a different person to whom all such notices
or demands are thereafter to be addressed.
24. INVALIDITY; SEVERABILITY.
If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions shalt continue in frdt force and
effect.
25. RECITALS,.
Recitals A through D above are incorporated in and made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
ATTEST:
s.... v
Mada D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
Recom tided for Approval:
•e M us vipour
Executive Director - PWA
CITY OF SANTA AN
David avazos
City Manager
12
G. Cordero
Member, Corbiz, LLC
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/ I
A�CORC? CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
THIS CERTIFICATE IS ISSUED 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 CONSS��T�ITUTf A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
- REPRESENTATIVE OR PRODUCER, AND T C¢ ,FIC TE �I'OLINN,/ -
IMPORTANT: If the Certificate holder Is a DITIONAL INSURED, the pollcypas) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terns and conditions of the policy, certain
pollcles ray niquhe an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu r `TT ' ' --
of such endorse A i <_,
PRDDUCER r'." (T°
The Empire company �I. -t -1"
PAOme. Susan Remeika
Ax
AC AX
- AX NO;
550 North Park Center Drive
PREMISES EB OCpAlfenaa $
Ao ,sremeika @empire— CO.com
Suite 205
INSURER(B)gFFORDINO COVERAGE
NAIC#
Santa Ana CA 92705
INSURER A:Peerleas Indemnit Insurance
z18333
INSURED
Cor L. L. C.
INSURER$:Golden -a le Insurance Cam an
z10836
INSURER C' 10 era COm ensation Ins. CO
2,000,000
COrbiz, LLC, $ Delaware Limited Liability Co.
P. 0. Box 10627
INBURERD:
INSURER E:
aawldenl $
N/A N/A N/A BODILY INJURY (Per oerson) $
Ee hyr Cove NV 89448
INSURER F
COVERAGES CaaTMICATC Wu mssmn a /, o m._
__......_. .._.,_... _.... - -, _. -...a --I-- ,,,, KEVI51ON NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWN'HSTANDING 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,
TR TYPE OF INSURANCE
Well
POLICY NUMBER MMIODIYY W LIMITS
X COMMERCIAL QENERAL LIABILITY
A CLAIMSMADE OCCUR
EACH OCCURRENCE $
DAMAGERf RENTE1i"'
1,000,000
I
PREMISES EB OCpAlfenaa $
100,000
CEPOI11797 2125/2016 2/25/2017 MED EXP(Any one person) $
10,000
GEN'L AGGREGATE LIMIT APPLIES PER
PERSONAL &ADV INJURY $
1,000,000
X POLICY �T �LOC
GENERAL AGGREGATE $
2,000,000
PRODUC7S. 00 MP /OPAGG $
2,000,000
OTHER,
AUTOMOBILE LIABILITY
ANYAUTO
ED
aawldenl $
N/A N/A N/A BODILY INJURY (Per oerson) $
AUTOS AUT09ULED
NON- OV.NED
BODILY INJURY (Par awed enn $
HIRED AUTOS AU70S
DA GE
Par accident $
X UMBRELLA UAR1 ,„ ( X 1 OCCI%R
$
B EXCESS LIAR 1 I`CL,41M6 -MADE
EACH OCCURRENCE $
10 000 000
DED RE TION
AGGREGATE $
CV8112197 2/28/2016 2/26/2017
10 000 000
tU
_ $
ANDEMPS YERTU
ANDEMPLOYER9'UABILITY , '; YIN
PER OTH-
X STATUTE ER
ANY PERIMEMTORIErµ1jLNERIEXEI.�JjIVE
OFFICEtoryin FR EXCI.IYDED2 N /A"
C
EL EACH ACCIDENT $
1 OOtl 000
(MAndatoryln NH) 7 �,
Iryy90s desOnbe under .
DESGIRIPTIONOfO pTION'
E101721220 -02 8/1/2915 0/1/2016 EA EMPLOYE $
EL DISEASE -
1 000 000
d
EL DISEASE - POLICY LIMIT $
1 OOp 000
DESCRIPTION OF OPERATIONS, LOCATIQNSI VEHICLES (ACOR0101, Additional Remarks SOP
ewk VV WnAd P more epaCa I In
�3y: Cal ..
U
LD,a, te:
Page L of.
CERTIFICATE HOLDER
_...__.. -_._..
City Of Santa Ana
Its Officers, employees, agents,
volunteers and representatives
20 Civic Center Plaza
Santa Ana, CA 92701
ACORD 25 (2014/01)
INS025 (201401)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED 82PORE
THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED
Coady /SUSAN
® 1988.2014
The ACORD name and logo are registered marks of ACORD
insurance Company Peerless Indemnity Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
0CBP UJ 1797 relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califorttaa
92701 t its officers, employees, agents, volunteers and representatives are named as
additional insureds ( "additional insureds ") with regard to liability and defense of suits
arising from the operations and uses performed by or on behatfof the named insured.
2. With respect to claims arising out OF the operations and uses Performed by
or on behalfof the ttamcd insured, such insurance as is afforded by this-policy is p-imary
and is not additional to Or contributing with any other insurance oarried by or for the
benefit of the additional insureds.
J. This Insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
Inclusion of any person or organization as an insured shall not affect any right which such
Person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall -not be
cancelled, or materially reduced in coverage or limits except after thirty (3 0) days written
notice has been given to the City of Santa Ana, 20 Civic Center plaza, Santa Aaa.,
Callfomia 92701.
(ComPletion of the following, including countersignature, is required to make this
endorsement effective.)
Effective 2 -25 -2010 this endorsement form as a part of
Policysi CBP8111797
b.sued to CNH, LLC, Corbiz, LLC, a Delaware Limited Liability Co
Countersigned by
Authorized Representative
:a.= age °
Of
DATE (MMiDDIYYYY)
Ae R" CERTIFICATE OF LIABILITY INSURANCE
7/27/2016
THIS CERTIFICATE IS ISSUED 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 poHcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Susan Remeika
NAME:
The Empire Company PHONE FAX
(AIC, No.,.Ext) (A/C, No): ...
550 North park Center Drive ADDRESSsremeika @empire- co.com
SL19,.te 205 INSURER(S) AFFORDING COVERAGE NAIC #
Santa Ana CA 92705 INSURER A ,Peerless Indemnity Insurance z18333
INSURED INSURER B :Golden Eagle Insurance, Corporation 10836
CN , L.L.C. INSURER c Employers Compensation Ins.-,Co
Corbiz , LLC INSURER D
P. Q, Box 10627 INSURER E: .__. __. .._.. ......_ ...... .... _...
Zephyr Cove NV 89448 INSURER F ;
C0VFRAGFS CERTIFICATE N'UMBER:16 /17 updated master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 POL,IUES
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL.9UBR
LTR TYPE OF INSURANCE WV
POLICY EFF POLICY IEXP
POLICY NUMBER ''.... MMfODIYYYY XDD1YYYY '.... LIMITS
',.. X COMMERCIAL GENERAL LIABILITY''..
EACH {OCCURRENCE '. $
1, 000 , 00...0
.........
A :. CLAIMS -MADE X OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
100,000 ....
CBP9111797 2/2.5/2016 2%25/2017 MED EXP (Anyone person) ''.. $
10,000
''., ''..... PERSONAL.. & AtDV INJURY $
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
'.., GENERAL AGGREGATE $
2,000,000
X POLICY PRO-
JECT LOC
PRODUCTS - COMPIOP AGG $
2,000,00 - 0
OTHER:
$.
AUTOMOBILE LIABILITY
..
COMBINED SINGLE. LIMIT $......
(Ea accident).
1,000,000
...
ANY AUTO
BODILY INJURY (Per person) $.......
A _
"
,,....
_..
ALL OWNED SCHEDULED
CBP6111797 ''. 2/25/2016 ... 2/25/2017 BODILY INJURY (Per accident)''. $
AUTOS AUTOS
X....
NON -OWNED
X
MOPERTY DAMAGE
''. $
HIRED AUTOS AUTOS
(Per accident)
$
''. X UMBRELLA LIAB '.... OCCUR
'... EACH OCCURRENCE $
10,000,000
B EXCE5s,,,LIAB CLAIMS - MADE''..
AGGREGATE __. $ _..
10,000,000
DED I RETENTICON$
CU8112197 2/25/2016 2/25/2017 $.
WORKERS COMPENSATION
OTH
AND EMPLOYERS' LIABILITY Y I N
STATUTE
'......
ANY PROPRRE70RlPARTNERIEXECUTIVE
'
E.L. EACH ACCIDENT $
1,000,000
OFFICERIMEMBER EXCLUDED? NIA
........
..
C (Mandatory in NH)
EIG1721220 -03 8/1/2016 8/1/2017 E.L. USEASE - EA EMPLOYEE $
1, 000, 000..
If yes, describe under
DESCRIPTION OF OPERATIONS below
..._ ....... ._. ......
''. E.L. DISEASE - POLICY LIMIT $
1 000. 000...
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
*30 day notice Of cancellation applies except 10 day notice for non - payment of premium,
uMb6 " mwaw:uwarw� ®�m,w vaxma �w� a�ra�n�rew
.imrnW9m'2 me'W!?' ,m'tmrvnuwa ��
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3
CERTIFICATE HOLDER
vwrww PuMmsM TM's ,irnc'ew .
AGiron @santa- ana.org
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Santa Aria, M -93 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIIVERED IN
its officers, employees, agents, ACCORDANCE WITH THE POLICY PROVISIONS.
and volunteers
Attn: Public Works Agency AUTHORIZED REPRESENTATIVE
20 Civic Center plaza
Santa Ana, CA 92701 Michael Condy /SUSPAN �?�z'•< � -� �� "
41988 -2014 ACORD CORPORATION, All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 rama01I
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
'This endorsement modifies such insurance as is afforded by the provisions of Policy
# CBP8111797 relating to the foflowingw
1. The City of Santa Aria, its officers, employees,, agents, and volunteers are
additional insureds ("additional insureds") with regard to liability and defense of suits,
arising from the operations and uses performed by or on behalf of the named insured,
2, With respect, to claims arising Out of the operations and uses, performed
by or on behalf of the named insured, such insurance as is afforded by ttris poflicy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds,
3, This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall riot affect any right which
such person or organization would have as a claimant if not so included.
4, With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Aria, Public Works Agency, 20 Civic Center
Plaza, Ross Annex, M-93, Santa Aria, CA 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective 7111/2016 this endorsement form as a part of
Policy# CBP8111797
Issued to
(Named Insured)
4 1/1,
Countersigned by___.-.
(Authorized Representative)
DevfFomi%/A,ddRnsurPAforrn
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SECTION I — COVERAGES
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
2. Exclusions
Item 2.g. 2) is replaced with the following:
2.g. 2) A watercraft you do not own that is:
a) less than 50 feet long; and
b) Not being used to carry persons or property for a charg
Item 2.g. 6) is added:
6) An aircraft in which you have no ownership interest and that you have chartered with crew.
The last paragraph of 2. Exclusions is replaced with the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises
while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under
a written agreement with the owner. A separate limit of insurance, applies to this coverage as described in
Section I I I — Limits of Insurance.
SECTION I — COVERAGES
COVERAGE C. MEDICAL PAYMENTS
If Medical Payments Coverage is provided under this policy, the following is changed:
3. Limits
The medical expense limit provided by this policy shall be the greater of:
a. $10,000; or
b. The amount shown in the declarations.
Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other
insurance is also primary.
The following is added:
COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES
Insuring Agreement
We will pay "product recall notification expenses' incurred by you for the withdrawal of your products, provided
that:
a. Such withdrawal is required because of a determination by you during the policy period, that the use or
consumption of your products could result in "bodily injury" or 'property damage"; and
b. The "product recall notification expenses" are incurred and reported to us during the policy period.
The most we will pay for "product recall notification expenses" during the policy period is $100,000,
SUPPLEMENTARY PAYMENTS — COVERAGES AAND B
Item b. and d. are replaced with:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability Coverage applies, We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work.
Yncludes copyrighted material at Insurance Services Offices Inc., with its permission.
GECG 602 (01111) Page 1 of 4
AGENT COPY
0411,52012 1048522 NECLXCIP2704 PGDM060D J08760 GEONLYST 00001443 Page 33
Item 4. is replaced with:
4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy
period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as
a Named insured if:
a) you have the responsibility of placing insurance for such entity; and
b) coverage for the entity is not otherwise more specifically provided; and
c) the entity is incorporated or organized under the laws of the United States of America.
However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred
before you acquired or formed the entity, or '"personal injury" or "advertising injury" arising out of an offense
committed before you acquired or formed the entity.
Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month
anniversary of the policy inception date whichever is earlier.
SECTION III — LIMITS OF INSURANCE
Paragraph 2 is amended to include:
The General Aggregate Limit of Insurance applies separately to each 'location" owned by you, rented to you, or
occupied by you with the permission of the owner.
Paragraph 6. is replaced with the following:
6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of
"property damage" to premises while rented to you, temporarily occupied by you with permission of the owner,
or managed by you under a written agreement with the owner, arising out of any one fire, explosion or
sprinkler leakage incident,
The Fire Damage Limit provided by this policy snail be the greater OT:
a. $500,000; or
lb. The amount shown in the Declarations.
SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS
Item 2. a. is replaced with:
2. Duties In The Event of Occurrence, Offense, Claim or Suit
a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive
officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or 'suit'.
Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have
such knowledge. To the extent possible, notice to us should include:
1) How, when and where the "occurrence" or offense took place;
2) The names and addresses of any injured persons and witnesses; and
3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or
.Suit,.
Item 4. b. 1) b) is replaced with:
b. Excess Insurance
1) lb) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you,
temporarily occupied by you with permission of the owner, or managed by you under a written
agreement with the owner; or
Item 6. is amended to include:
6. Representations
d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not
deny coverage under this Coverage Part because of such failure. However, this provision does not affect
our right to collect additional premium or exercise our right of cancellation or non-renewal.
Includes copyrighted material of Insurance Services Offices Inc., with its permission.
G ECG 602 (01111) Page 2 of 4
AGENT COPY
0411512012 1048522 NECLXCIP270,4 PGDMO60D J08760 GEONLYST 00001444 Page 34
Item 8. is replaced with:
&. Transfer of Rights Of Recovery Against Others Tw0s
a. If the insured has rights 10 recover all or part of any payment we have made under this Coverage Part
those rights are transferred to us. The insured must do nothing after loss to impair them. At nur request,
the insured will bring suit or transfer those rights to us and help us enforce them.
k. If required by a written "insured contrect", we waive any right of recovery wm may have against any
person or organization because of payments we make for injury ordamage arising out of your ongoing
operations or "your work" done under that written "insured contract" for, that person or organization and
included in the "prod ucto'conmp|e1ed operations hazard".
Item 1O. and Item 11. are added:
10. Cancellation Condition
Ifwe cancel this policy for any reason other than nonpayment of premium ve will mail ordeliver written notice
of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation.
11. Liberalization
If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the
broader coverage will apply to this policy. This extension is effecve upon the approval of such broader
coverage in your state.
SECTION V — DEFINITIONS -
The following definitions are added or changed:
9. "Insured contract"
a. b changed to:
a. A contract for a lease of premises. Hmwever, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage byfire, explosion cr sprinkler leakage 1opremises
w/hi�e rented tm you, or temporarily occupied by you with permission cf the owner, or managed byyou
under a written agreement with the owner im not am "insured uontrmu1~.
23 and 24 are added:
23. ~Location" means premises involving the same or connecting bts, or premises whose, connection is
interrupted only by astraet. roadway, waterway urhght-of-wayofa railroad.
24. "Product recall notification expenses" means the reasonable additional expenses (|mo|mding, but not limited to,
mast of oorrespondmnoa, newspaper and magazine adwartising, radio or television announcements and
transportation cost), necessarily |momrrad in arranging for the return of prmductm, but excluding 000Lm of the
replacement products and the cash value ofthe damaged products.
The following Provisions are also added bo this Coverage Part:
A. ADDITIONAL INSUREDS —BY CONTRACT, AGREEMENT ORPERMIT
1. Paragraph 2. under SECTION || —VVMO IS AN INSURED is amended to include as an insured any
person ororganization when you and such person or organization have agreed in writing in e contmaot,
agreement or permit that such person mrorgmn�zedionbe added asanadditional insured on your policy to
provide insurance such as is afforded under this Coverage Part. Such person or organization is not
entitled to any notices that we are required to send to the Named Insured and is an additional insured
only with respect to liability arising out of:
a. Your ongoing operations performed for that person or organization; or
b. Premises or facilities owned or used byyou.
With respect to provision 1.a. abuwa, a person's or organization's status as an insured under this
endorsement ends when your operations for that person or organization are completed.
With respect to provision 1,h. above, a person's or organization's status as an insured under this
endorsement ends when their contract or agreement with you for such premises or facilities ends.
Includes copyrighted material m Insurance Services Offices mc.. with its permission.
G ECG 602 (01111) Page 3of4
AGENT COPY o�s�1u 1�� w�c�1p�� PGDMm0oJ08760 GEoNLYST 00001445 Page 35
2. This endorsement provision A. does not apply:
a. Unless the written contract or agreement has been executed, or permit has
"bodily injury", "property damage" or "personal and advertising injury";
b. To "bodily injury" or "property damage" occurring after:
(1) M work, including materials, parts or equipment furnished in connection with such worki,i
project (other than service, maintenance or repairs) to be performed by or on behalf
additional innoned(s)at the site of the covered operations has been completed; or
(2) That portion of"your work" out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor or subcontractor engaged in
performing operations for aphnoipm8eae part cf the same pmojemt�
c. To the rendering ofmrfailure to render any professional services inm|uding, but not limited tu, any
professional architectural, engineering mr surveying services such as:
(1) The prepanng, apprmv|ng, or fai8ing to prepare or approva, maps, shop drawimgs, op|m|onn,
reports, surveys, field orders, change orders or drawings and specifications; and
(2) BmparwIsogy, inspection, architectural orenginoerngactivities;
ci To "bodily injury , "property damage" or 'personal and advertising knjury" arising out of any act, error
or omission that results from the additional inmured's mcdo negligence orwrongdoing;
a. To any person or organization included as an insured under provision B. of this endorsement;
f. Tm any person or organization specificaUydmeiQnededanmdditionaUinauredYorongoim operations by
esepmnmte ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement
issued byum and made a part of this policy.
Paragraph 2. under SECTION 0—WHO IS AN INSURED is amended to include aseninsured any person or
organization (referred to below ae "vendor") with whom you agreed, in a written contract or agreement to
provide insurance such as is afforded under this policy, but on�y with respect to "bodily injury" or "property
damage" arising out of "your products~ which are distributed or nm|d in the regular course of the vendor's
business, subject to the following additimna| exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily inyury~or "property damage" for which the vendor is obligated to pay damages by neeaom of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
b- Any express warranty unauthorized byyou,
c. Any physical or chemical change in the product made intentionally by the vendor,
d- Repachaging, unless unpacked solely for the purpose of inupection, demmonn1retiom, tesfinQ, or
substitution of parts under instructions from the mmnutacturmr, and then repackaged in the original
container;
e. Any failure to make such imapeo{ons, adjustmen1s, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the course of buminemm, in connection with the distribution or
sale cf the products;
t Demonstration, installation, servicing or repo�roperations, except such operations performed at the
vendor's premises im connection with the sale mY the product;
g- Products vvhich, after distribution or sale by you, have been labeled or relabeled or used as a
container, part mr ingredient cf any other thing or substance byor for the vendor; or
h- To "bodily injury" or "property damage" arising out of any act, error or omission that results from the
additional ineured'a sole negligence urwrongdoing.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products,
Includes copyrighted material m Insurance Services Offices m,,, with its permission.
GECG 682 (81/11) Page 4cf4
AG
04/1512012 04/1512012 c
o�� 1048522 w��XC/P2704 pGDmmmo Jmarem GEoNcYSr 001101+6 Page 36