Loading...
HomeMy WebLinkAboutPINONES, RICARDO & OFELIA - 2017A-2017-142 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on J4 re— iv , 2017, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and RICARDO PINONES, an individual and OFELIA PINONES, an individual, collectively (hereinafter "Seller"), regardless of number or gender; LLI LLI (j 53 w THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and 53 C.3 subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City cL c? ^agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally o— ¢ o described as follows: cc 'r`I cc �' SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF rr LL' (Commonly known as 1305 W. Camden Place, Santa Ana, CA 92707) (APN#: 408-334-17) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Sixteen Thousand, Fifty -Seven and no/100 Dollars ($16,057.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property and temporary occupancy, for the total sum of Seventeen Thousand, Two Hundred Sixty and no/100 Dollars ($17,260.00). The sum of Fifteen Thousand, One hundred Eighty -Nine and no/100 Dollars ($15,189.00), is compensation for the certain real property and improvements as shown in Exhibit "A". The sum of Two Thousand, Seventy -One and no/100 Dollars ($2,071.00), is compensation for the temporary occupancy of the property, which shall have a duration of 18 months, and is described and shown as attachment (Exhibits "C and "D") to the Temporary Construction Easement deed. City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/365-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 11 Acknowledgment of Full Benefits and Release A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value' attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1305 W. Camden Place, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U.S.C. S9601 et sem. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: l t � Date: Y6 Ricardo Pinones, an individual 40-&,e�7vCej Date: .2 7 felia Pinones, an individual / CITY OF SANTA ANA: City/Buyer d""h� Date: -,e Cyn is J. Kurtz 6� -4 Interim City Manager ATTEST: C—ILY i- til3 /3 • &/I Date: />z17 Maria D. Huizar City Clerk APPROVED AS TO FORM: Date: 25 pn M. Funk ssistant City Attorney 'OR APPROVAL: " Date: V2 � ExecutiJe Director Public Works Agency EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES — AP No. 408-334-17 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 38 OF TRACT NO. 2209, PER MAP RECORDED IN BOOK 64, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING A THE INTERSECTION OF CAMDEN PLACE AND BRISTOL STREET, AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF CAMDEN PLACE, NORTH 88013'46"WEST, 160.76 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1046'14" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 38, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE OF SAID CURVE RUNNING THROUGH SAID POINT HAVING A BEARING OF SOUTH 20021'47" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHERLY, WESTERLY, AND NORTHERLY, HAVING A RADIUS OF 43.00 FEET; THENCE, EASTERLY, SOUTHERLY, AND WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 181.97 FEET THROUGH A CENTRAL ANGLE OF 242027'52" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE, NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 15.09 FEET THROUGH A CENTRAL ANGLE OF 9005'55" TO A POINT IN THE NORTH LINE OF LOT 35 OF SAID TRACT, SAID POINT BEING THE TERMINUS OF THE LINE BEING DESCRIBED HEREIN. CONTAINING AN AREA OF 284 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON rA. SEPTEMBER 24,2015ANTHONY C. CUOMO, PLS 6042 OF EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. NICHCON-02 AIIRTINIA � R� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/16/2018 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 License # OE67768 IDA Insurance Services 4370 La Jolla Village Drive Suite 600 CONTACT Erica Wilson NAME: PHONE FAX a/c, No, Ext): (858) 754-0063 50233 A/c, No):(619) 574-6288 E-MAIL rca.son Ioausa.com ADDRESS: Erica.Wilson@ioausa.com San Diego, CA 92122 AFFORDING COVERAGE NAIC # INSURER A:RLI Insurance Company 13056 INSURED INSURER B: Crum 8r Forster Specialty Insurance Company 44520 INSURERC: Nichols Consulting Engineers, CHTD INSURER D; 1885 S. Arlington Ave., #111 Reno, NV 89509 INSURER E : _ INSURER F; COVFRAnFR CFRTIFICATF NIIMRFR• RFVI41n1J N1IMRFD- 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE A DL! UBR POLICY NUMBER MMLDICY EFF POLICY EXP D1YYY-n IMM LIMITS A X COMMERCIAL GENERAL LIABILITY EACH _OCCURRENCE-. $ 1,000,000 CLAIMS -MADE X OCCURX PSB0003222 05/17/2017: 05/17/2018 SAGE TO RENTED $ 1,000,000 X Cont Liab/Sev of Int MLD EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE� LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible I S 0 OTHER: A AUTOMOBILE X LIABILITY ANY AUTOX OWNED SCHEDULED AUTOS ONLY AUTOS IPSA0001184 05/17/2017 05/17/2018 COMBINED SINGLE LIMIT 1,00. ,000 (Ea accident) $ BODILY INJURY Perperson)$ BODILY INJURY Per accident $ Parr a cident AGE $ X y� ED AUTOS ONLY AUTOS ONNIY Comp.: $ 500X Coll,: $ 500 , A UMBRELLA LIAB X OCCURj ! EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 05/17/2017 05/17/2018 AGGREGATE $ 5,000,000 DED RETENTION$ A WORKERS AND EMPLOYECOMPENSATION S N A TILOITI' ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? C (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below ! NIA X 'PSW0001955 05/17/2017 05/1712018 X STATUT PER OTM- L.L. EACH ACCIDENT 1000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE- POLICY LIMIT 1,000,000 B Prof Liab/Clms Made PKC105019 05/17/2017 05/17/2018 1Per Claim 2,000,000 B Ded.: $10k Per Claim PKC105019 05/17/2017 05/17/2018 I Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement Nos. A-2017-172 and A-2017-290 City of Santa Ana, its officers, employees, agents and representatives are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisi S. REVIEWED BY: EUNICE HEREDIA (PG i OF ) City of Santa Ana 20 Civic Center Plaza, M-36 M-36 PO Box 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSB0003222 RLI insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 3. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 06 10 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG Named Insured: Nichols Consulting Engineers, CHTD This enaorsement.. moclities insurance provided uncier the tollowlnq.`, BUSINESS AUTO *COVERAGE. FORM A. $road Fdrm Named Intuted The following is added to.. the SECTION: 11 — LIABILITY Coverage,' Paragraph. A.1, Who Is An Insured Provision:. Any business- entity newly. acquired or formed by you during the policy period, provided. YOU. own fifty percerif. fp011/o) or more Of the business entity and the business entity. is not separately insured: for Business, AtAo Cioverage: Coverage is extended up to zi� maximum :or one hundred eighty .(1-80) days -following. the acquisition- or formation of:the business .entity. This provision. does not apply to any person or organization for -which coverage is excluded by., .endorsement. B. Employees As Insureds The following is: added to the SECTION 1.1 — LIA611LITY 0 .PVEKRqK, Hajr.8groph A.I. Who.ls An Insured Provisi . on: .Any "employee" of yours is an "insured" while using P, covered. "auto" :you dont own: hire :or borrow in yoqr.bu.siness QT your personal affairg.: C.. OlanketAdd!Oonal Insured The foll.owirig is. added to the. SECTION. 11 LIABILITY- COVERAGE Paragraph A.I. Who; ls:An Insured Provision: .Any person or .organization .that you are required to iholude as -tin additional insured On :this coverage form in a oo:ritraot Or agreement that is executed by you, before.. the "bodily infury'; or "pro . perty damage" occurs'is: an "insured" for Ilabil-p- boverago,:taut only for 'damages t , o which this insurance op,plfes- and 011ty to e&liefft that ploftior! 01 ur,yAnfzaLiurj qualifies. as an '!insured" under the " M -o Is An Insured. provisioncontai ne0 in SbbTFON 11 — LIABILITY COVERAGE The. insurance provided1tollie. additional insured will he o.n:o primary arid non!-contrlbutop.v basis to the :additional in-.Lffed'S ovin business 2L40 coverage if you are. required to do so in a contraq.t -oragref nerlt 'that is e.k.ebut6d by you before the "bodily inj'ury' or. "property damage" occurs. D. Blanket Waiver- O`f Subirboation The following is .added to the SECTION IV — BUSINESS: AUTO CONDITIONS, -A. Lbso Conditions, 56 Trahsftt Of Riglbts::Qf .ecoR 6 very .Against Others To U$: PPIA SOO Oa 11 Policy Number: PSA0001 184 We Waive any right of teooiyery We may have against :any ­person.or.organization to the extent required of yom by -a odr*act executed prior W any "adoident" or provided 'that the "accident" of arises .but. of;the operations contemplated by..such contract. The waiver applies only to the* person or dr9anizatiom-designat6d in Such Mltracf. S ErnpJoyee-Hired.Autos 1. The following is• added to the -SECTION 11 . LIABILITY: COVERAG E, - Pareigialih. -A.1. Who Is An Insured Provision: M -empiuyee- ttr yuuis- it; -art "iiisuiwa­ while; operating an, "auto'' *hired ,or rented under a contract or agreement in that "employee's" name, with your permission, while peffo.rmin .9 duties related tothe conduct ,of your -business. 2. Changes In n General Conditions: Hpragra,plj S.b. of Ia. Vther Insorance Condition . i . n the BUSINESS AUTO CONDITIONS is deleted and replaced with the following-, bt For Hired Auto Physical Damage. Coverage, the - following are -deemed :to be: oovered. "autoon ypu:own: (1:) Any covered !auto" you.jease, hire,: rent orborrow; and (2)r. Any covered "auto" hired or rented. by your "employee" under a cointract in that individual "employee's" came, with your perrni t5%Sjqn, while; pt-(.fPMiiriq dUties -rel . aied to, the conduct of your .business. However, any, ''auto" that leased, hired, r0hted or b.orroWedwith a driver' is -not. a.cove'red"aulb. 0:7. Fe.1low. Eniployee, Coverao.q. S>rCT10N ii — LIABILITY COVERAGE, Exclusion B.S. does. not apply if . you have workers compensation insurance- in -force coyeri. g al I of. your Auto, Loan Lease -Gap Coverage. SECTION III — PHY.S.10-AL DAMAGE. CQVERAGE, C. Lirdit Of Insuronc.6,. is amended by th6 addition 6f'the f6116Wing: In the, event of .6. total "loss" to. 6­60ver'd e - auto" ishowh in the. Schedule of Declarations, we will paV any; unpaid amount due on the. lease or toph for a .cbveihad 'VUW.", less: =JA REVIEWED BY: EUNICE HEREDIA (PG; OF(/) Named Insured: Nichols Consulting Engineers, CHTD Policy Number: Pswood1955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 d. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ % of the California workers' compensation premium otherwise due on such remuneration. Person or organization Schedule Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with In a written contract executed the contract before the loss to provide this agreement REVIEWED BY: EUNICE HEREDIA (PG gOF, , ) NICHCON-02 AIIRTINIA � R� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/16/2018 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 License # OE67768 IDA Insurance Services 4370 La Jolla Village Drive Suite 600 CONTACT Erica Wilson NAME: PHONE FAX a/c, No, Ext): (858) 754-0063 50233 A/c, No):(619) 574-6288 E-MAIL rca.son Ioausa.com ADDRESS: Erica.Wilson@ioausa.com San Diego, CA 92122 AFFORDING COVERAGE NAIC # INSURER A:RLI Insurance Company 13056 INSURED INSURER B: Crum 8r Forster Specialty Insurance Company 44520 INSURERC: Nichols Consulting Engineers, CHTD INSURER D; 1885 S. Arlington Ave., #111 Reno, NV 89509 INSURER E : _ INSURER F; COVFRAnFR CFRTIFICATF NIIMRFR• RFVI41n1J N1IMRFD- 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRTYPE OF INSURANCE A DL! UBR POLICY NUMBER MMLDICY EFF POLICY EXP D1YYY-n IMM LIMITS A X COMMERCIAL GENERAL LIABILITY EACH _OCCURRENCE-. $ 1,000,000 CLAIMS -MADE X OCCURX PSB0003222 05/17/2017: 05/17/2018 SAGE TO RENTED $ 1,000,000 X Cont Liab/Sev of Int MLD EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE� LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible I S 0 OTHER: A AUTOMOBILE X LIABILITY ANY AUTOX OWNED SCHEDULED AUTOS ONLY AUTOS IPSA0001184 05/17/2017 05/17/2018 COMBINED SINGLE LIMIT 1,00. ,000 (Ea accident) $ BODILY INJURY Perperson)$ BODILY INJURY Per accident $ Parr a cident AGE $ X y� ED AUTOS ONLY AUTOS ONNIY Comp.: $ 500X Coll,: $ 500 , A UMBRELLA LIAB X OCCURj ! EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 05/17/2017 05/17/2018 AGGREGATE $ 5,000,000 DED RETENTION$ A WORKERS AND EMPLOYECOMPENSATION S N A TILOITI' ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? C (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below ! NIA X 'PSW0001955 05/17/2017 05/1712018 X STATUT PER OTM- L.L. EACH ACCIDENT 1000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE- POLICY LIMIT 1,000,000 B Prof Liab/Clms Made PKC105019 05/17/2017 05/17/2018 1Per Claim 2,000,000 B Ded.: $10k Per Claim PKC105019 05/17/2017 05/17/2018 I Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement Nos. A-2017-172 and A-2017-290 City of Santa Ana, its officers, employees, agents and representatives are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisi S. REVIEWED BY: EUNICE HEREDIA (PG i OF ) City of Santa Ana 20 Civic Center Plaza, M-36 M-36 PO Box 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSB0003222 RLI insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 3. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 06 10 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG Named Insured: Nichols Consulting Engineers, CHTD This enaorsement.. moclities insurance provided uncier the tollowlnq.`, BUSINESS AUTO *COVERAGE. FORM A. $road Fdrm Named Intuted The following is added to.. the SECTION: 11 — LIABILITY Coverage,' Paragraph. A.1, Who Is An Insured Provision:. Any business- entity newly. acquired or formed by you during the policy period, provided. YOU. own fifty percerif. fp011/o) or more Of the business entity and the business entity. is not separately insured: for Business, AtAo Cioverage: Coverage is extended up to zi� maximum :or one hundred eighty .(1-80) days -following. the acquisition- or formation of:the business .entity. This provision. does not apply to any person or organization for -which coverage is excluded by., .endorsement. B. Employees As Insureds The following is: added to the SECTION 1.1 — LIA611LITY 0 .PVEKRqK, Hajr.8groph A.I. Who.ls An Insured Provisi . on: .Any "employee" of yours is an "insured" while using P, covered. "auto" :you dont own: hire :or borrow in yoqr.bu.siness QT your personal affairg.: C.. OlanketAdd!Oonal Insured The foll.owirig is. added to the. SECTION. 11 LIABILITY- COVERAGE Paragraph A.I. Who; ls:An Insured Provision: .Any person or .organization .that you are required to iholude as -tin additional insured On :this coverage form in a oo:ritraot Or agreement that is executed by you, before.. the "bodily infury'; or "pro . perty damage" occurs'is: an "insured" for Ilabil-p- boverago,:taut only for 'damages t , o which this insurance op,plfes- and 011ty to e&liefft that ploftior! 01 ur,yAnfzaLiurj qualifies. as an '!insured" under the " M -o Is An Insured. provisioncontai ne0 in SbbTFON 11 — LIABILITY COVERAGE The. insurance provided1tollie. additional insured will he o.n:o primary arid non!-contrlbutop.v basis to the :additional in-.Lffed'S ovin business 2L40 coverage if you are. required to do so in a contraq.t -oragref nerlt 'that is e.k.ebut6d by you before the "bodily inj'ury' or. "property damage" occurs. D. Blanket Waiver- O`f Subirboation The following is .added to the SECTION IV — BUSINESS: AUTO CONDITIONS, -A. Lbso Conditions, 56 Trahsftt Of Riglbts::Qf .ecoR 6 very .Against Others To U$: PPIA SOO Oa 11 Policy Number: PSA0001 184 We Waive any right of teooiyery We may have against :any ­person.or.organization to the extent required of yom by -a odr*act executed prior W any "adoident" or provided 'that the "accident" of arises .but. of;the operations contemplated by..such contract. The waiver applies only to the* person or dr9anizatiom-designat6d in Such Mltracf. S ErnpJoyee-Hired.Autos 1. The following is• added to the -SECTION 11 . LIABILITY: COVERAG E, - Pareigialih. -A.1. Who Is An Insured Provision: M -empiuyee- ttr yuuis- it; -art "iiisuiwa­ while; operating an, "auto'' *hired ,or rented under a contract or agreement in that "employee's" name, with your permission, while peffo.rmin .9 duties related tothe conduct ,of your -business. 2. Changes In n General Conditions: Hpragra,plj S.b. of Ia. Vther Insorance Condition . i . n the BUSINESS AUTO CONDITIONS is deleted and replaced with the following-, bt For Hired Auto Physical Damage. Coverage, the - following are -deemed :to be: oovered. "autoon ypu:own: (1:) Any covered !auto" you.jease, hire,: rent orborrow; and (2)r. Any covered "auto" hired or rented. by your "employee" under a cointract in that individual "employee's" came, with your perrni t5%Sjqn, while; pt-(.fPMiiriq dUties -rel . aied to, the conduct of your .business. However, any, ''auto" that leased, hired, r0hted or b.orroWedwith a driver' is -not. a.cove'red"aulb. 0:7. Fe.1low. Eniployee, Coverao.q. S>rCT10N ii — LIABILITY COVERAGE, Exclusion B.S. does. not apply if . you have workers compensation insurance- in -force coyeri. g al I of. your Auto, Loan Lease -Gap Coverage. SECTION III — PHY.S.10-AL DAMAGE. CQVERAGE, C. Lirdit Of Insuronc.6,. is amended by th6 addition 6f'the f6116Wing: In the, event of .6. total "loss" to. 6­60ver'd e - auto" ishowh in the. Schedule of Declarations, we will paV any; unpaid amount due on the. lease or toph for a .cbveihad 'VUW.", less: =JA REVIEWED BY: EUNICE HEREDIA (PG; OF(/) Named Insured: Nichols Consulting Engineers, CHTD Policy Number: Pswood1955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 d. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ % of the California workers' compensation premium otherwise due on such remuneration. Person or organization Schedule Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with In a written contract executed the contract before the loss to provide this agreement REVIEWED BY: EUNICE HEREDIA (PG gOF, , )