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HomeMy WebLinkAbout25A - AGMT PARKING LEASEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 20, 2018 TITLE:. AGREEMENT WITH APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. FOR PARKING LEASE AT 308 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,413) ClY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Apostolic Assembly of the Faith in Christ Jesus, Inc. for the parking lease located at 308 North Main Street for the period of April 1, 2018 through March 31, 2019, at a monthly rate of $1,053 in a total amount not to exceed $12,636, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The former Community Redevelopment Agency (CRA) for the City of Santa Ana owned several parcels of land located throughout the Downtown area, including the ten -space parking lot at 308 North Main Street. In early 2011, the Apostolic Assembly of the Faith in Christ Jesus, Inc. (Apostolic Assembly) approached the CRA for the lease of such property to accommodate their daily parking needs. As such, on April 1, 2011, both entities entered into an initial five-year term agreement effective through March 31, 2016 with two, one-year renewal options. The lease payments for the property are set at $1,053 per month and have been satisfactorily met during this time. When the CRA was dissolved as of February 1, 2012, the City of Santa Ana became the owner of the above referenced property and assumed all lease associated obligations. At this time, all renewal options have been exercised; however, the City of Santa Ana and the Apostolic Assembly are in agreement and wish to continue the parking lease for one year under the same terms and conditions after which, the City will adjust the monthly rate based on market conditions. Therefore, staffs recommendation is to approve the parking lease effective April 1, 2018 through March 31, 2019. 25A-1 Agreement with Apostolic Assembly March 20, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #3 — Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). FISCAL IMPACT Funds received will be deposited into Parking Meter & Facilities revenue account (no. 02710002- 53804) as follows: Fiscal Year Account Amount FY 2017-18 (April 1, 2018 -June 30, 2018) 02710002-53804 $3,159 FY 2018-19 (July 1, 2018 -March 31, 2019) 02710002-53804 $9,477 Total $12,636 APPROVED AS TO FUNDS AND ACCOUNT: 13!s Francisco Gutierrez Executive Director Finance and Management Services Agency AR Exhibit: 1. Parking lease agreement 25A-2 LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. THIS LEASE AGREEMENT ("Agreement") is made and effective this Istt day of April, 2018, by and between City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and law of the State of California, herein referred to as "Lessor", and the Apostolic Assembly of the Faith in Christ Jesus, Inc., a California non-profit public benefit corporation, herein referred to as "Lessee". The parties hereto agree as follows: ARTICLE I - TERM OF LEASE Section 1.01 Property and Use (a) Lessor owns the real property described in Exhibit A attached hereto and made a part hereof (the "Property"), located at 308 N. Main Street, Santa Ana, California. (b) Lessor hereby rents to Lessee sole use of the area designated as the parking lot on said Property to park motor vehicles on site per the striping plan referenced in Exhibit B attached hereto and incorporated herein. (c) Lessee is accepting the Property in an "as -is" condition. (d) Lessee may not sublet or assign the Property to any other person, entity, company or organization. (e) Any signage Lessee intends to place upon the Property is subject to prior approval of the Lessor, and must be compliant with City of Santa Ana local regulations. (1) Upon the expiration or termination of this Agreement, Lessee shall surrender the Property to Lessor in good and clean condition, less ordinary wear and tear. Section 1.02 Term (a) The term of the Agreement for renting,the,Property ("Term") shall be for one (1) year commencing on April 11 2018 and continuing_untitMarch:31 2019, at rental amounts set forth below. (b) Notice of intent to vacate or termination of the Lessor -Lessee relationship is only valid with thirty (30) days prior written notice to the other party for no cause. (c) Notice of intent to terminate due to violation of Lease terms and conditions shall be consistent with California State law. Section 1.03 Rent (a) Upon execution of this Agreement, Lessee shall pay to Lessor the monthly rate of =1053 -during the term of the Agreement. 25A-3 Rent payments will be due upon execution of this Agreement and thereafter on or before the 5a' of each month, payable to "City of Santa Ana," and remitted to: The City of Santa Ana M- 17, 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702. A late charge often percent (10%) shall be applied after any payment hereunder is due but unpaid. (b) Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Section 1.04 Non -Recording Neither party shall record this Agreement. ARTICLE 2 - TAXES AND MAINTENANCE Section 2.01 Taxes Lessee shall pay before they become delinquent all taxes, assessments or other charges levied or imposed by any governmental entity on Lessee's Property. If such taxes are not assessed separately to Lessee, Lessor shall provide Lessee with evidence, reasonably acceptable to Lessee, of such tax assessment and the amount due, which is attributable to Lessee. Section 2.02 Maintenance Lessee shall pay for all services furnished to the Property for the use, operation and maintenance of Lessee's Property during the Term of this Agreement, or any extension thereof, and for the removal of trash from the Property during the Term of this Agreement, or any extension thereof. Lessee shall provide lighting for the Property and for persons using the Property. ARTICLE 3 - IMPROVEMENTS AND ACCESS Section 3.01 The Property/Miscellaneous (a) Lessee shall repair any damage to the Property and will leave the Property in satisfactory condition as approved in writing by Lessor. Lessee shall be required to remove all its fixtures upon expiration/termination of the Agreement, and if Lessee fails to do so within thirty (30) days, Lessor may elect to do so at Lessee's sole cost and expense, or elect to not remove such fixtures, in which case, such fixtures shall become the property of Lessor, at Lessor's option. Any personal properly, equipment or other improvements that are not removed within said thirty -day period shall become the property of Lessor, at Lessor's option. Lessee's obligation to pay compensation to Lessor shall not cease, unless and until the fixtures that Lessee must remove, are removed to Lessor's approval. 25A-4 (b) Lessee shall provide access to the Property to the Lessor, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. Except in the case of emergencies, Lessor shall give Lessee twenty-four (24) hours' notice prior to entry into the Property. (c) Lessee shall, at its sole cost and expense, maintain and repair the Property including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Lessee causes any damage to the Property, to the Property or to access roadways or other nearby facilities, it shall properly repair same as specified by Lessor. (d) Upon the expiration or termination of this Agreement, Lessor shall approve in writing the surrender of the Properly by Lessee only after being satisfied that the Property has been left in good and clean condition, less ordinary wear and tear. (e) Quiet Enjoyment. Lessee shall have quiet possession of the Property for the entire term hereof subject to all the provisions of this Agreement. Section 3.02 Liens Lessee will not permit any mechanics' or materialmen's or other liens to stand against the Property by reason of any use or occupancy by Lessee, or any person claiming under Lessee. ARTICLE 4 - INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Lessee shall protect, defend, indemnify and save and hold harmless Lessor, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Lessee's performance of this Agreement or Lessee's failure to comply with any of Lessee's obligations contained in the Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. In the event Lessor is named as codefendant, Lessee shall notify Lessor of such fact and shall represent Lessor in such legal action unless Lessor undertakes to represent itself as codefendant in such legal action, in which event Lessor shall bear its own litigation costs, expenses and attorney's fees. Lessee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Lessor, including fees and costs for special counsel to be selected by Lessor, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Lessor may make all reasonable decisions with respect to its representation in any legal proceeding. 25A-5 Section 4.02 Insurance Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 1. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status — Exhibit C The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 25A-6 Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Section 4.03 Property Insurance Lessee shall provide to Lessor, before entering the Property, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the Property in an amount equal to the full replacement cost and/or value thereof; this policy shall contain a replacement cost endorsement naming Lessee as the insured and shall not contain a co-insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to Lessor. The proceeds of any such insurance payable to Lessor shall be used for rebuilding or repair as necessary to restore the Property at the discretion of Lessor. The policy shall name Lessor as an Additional Insured. The policy or policies shall also contain the following endorsements: The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Lessor; and 2. Lessor will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Lessor prior to the execution of this Agreement. At least thirty (30) days' prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Lessor. 25A-7 Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Lessee shall furnish to Lessor certificates of insurance and additional insured endorsements to each of Lessee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Lessor. Lessee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of Lessor by Lessee under the Agreement. Lessor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Lessee shall provide within fifteen (15) days of Lessor's request. ARTICLE 5-TERMINATION/DEFAULT Section 5.01 Termination (a) In the event of any damage, destruction or condemnation of the Property, which renders the Property unusable or inoperable in Lessor's judgment, Lessee shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Property by giving written notice to Lessor within thirty (30) days after such damage, destruction or condemnation. If by virtue of such casualty or condemnation, Lessor determines that the Property is no longer adequate for Lessee to continue its operations, or any repairs to the Property have not been completed or cannot reasonably be completed within sixty (60) days from the date of the damage, destruction or condemnation. This Agreement will become null and void. (b) In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations in the Property, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Lessee is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Lessor. (c) This Agreement may be terminated on fifteen (15) days prior written notice by either party upon a default of any covenant or term hereof by the other party, which default has been noticed and is not cured within thil ty (30) days of receipt of written notice of 25A-8 default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. ARTICLE 6 -ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Lessee shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this lease or any interest therein, and shall not sublet said Property or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use said Property, or any portion thereof, without the prior written consent of the Lessor. Section 6.02 Abandonment by Lessee Should Lessee breach this Agreement and abandon the Property prior to the expiration of the Term, Lessor may recover at least one month's rental compensation for Lessee's failure to give notice of such telmination/vacation of the Property. Section 6.03 Default by Lessee Should Lessee default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Lessor may, in addition to the remedies specified in Section 6.02 of this Agreement, re-enter and regain possession of the Property in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Lessee The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Lessor to re-enter and regain possession of the Propel ty. Section 6.05 Cumulative Remedies The remedies given to Lessor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach The waiver by Lessor of any breach by Lessee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Agreement. 25A-9 ARTICLE 7 -HAZARDOUS MATERIALS Section 7.01 At the time of execution of this Agreement, Lessor warrants that the Property is clean and contains no known hazardous materials. Lessee represents and warrants that it will comply with all environmental laws during the term of this Agreement; its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance. Lessee further agrees to clean-up and remediate any hazardous substance on the Property and hold Lessor harmless from and indemnify Lessor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Lessor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 - MISCELLANEOUS Section 8.01 Force Majeure - Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Lessor or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Lessee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Lessor or Lessee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified snail, postage prepaid, addressed to the party concerned as follows: To Lessor: City of Santa Ana — Finance and Management Services Agency Attn: Executive Director 25A-10 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6549 And City of Santa Ana — City Attorney 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6515 To Lessee: Apostolic Assembly of the Faith in Christ Jesus, Inc. P.O. Box 3416 Santa Ana, CA 92703-0416 Attn: Leobardo A. Maffey, Pastor A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Section 8.03 Contract Administrator The Executive Director of the Finance and Management Services Agency, or his/her designee, shall be City's Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. Section 8.04 Compliance with Laws Lessee shall at Lessee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Lessee's use and occupancy of the Property whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any government entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Lessor and Lessee and 25A-11 shall be considered grounds for termination of this Agreement by Lessor. Lessee will obtain all permits and other governmental approvals, required in connection with Lessee's activities hereunder, and update such permits/approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Lessee shall not commit or permit the commission by others of any waste on the Property. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Property; and Lessee shall not use or permit the use of the Property for any unlawful purpose. Section 8.08 Repairs Lessee shall be required to make any repairs to the Property occurring from damages caused by Lessee, its employees, agents, contractors, and subcontractors. Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement. Section 8.10 Governing Law This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of; in connection with or by reason of this Agreement. Section 8.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. 25A-12 Section 8.12 Reserved Section 8.13 Conflict of Interest Lessee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this Agreement. Section 8.14 Attorney's Fees In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Lessor and Lessee respecting the Property and correctly sets forth the obligations of Lessor and Lessee to each other as of such date. Any agreements or representations respecting the Property or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Lessor and Lessee, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.17 Non -Discrimination Lessee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Lessee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. [signature page to follow] 25A-13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: L Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL, FRANCISCO 9UTIERREZ Executive Dirmtcr, Finance and Management Services Agency CITY OF SANTA ANA RAUL OODINEZ II City Manager APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. By: Title: 25A-14 FOURTH STREET w THIRD STREET a —d 11 r N 308 North Main Street Exhlbit A 25A-15 Exhibit B 308 N Main Street — Parking Lot 25A-16 A EXHIBITC ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, and its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies 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 canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy#_ Issued to Date: Named Insured Countersigned by 25A-17 , this endorsement form as a part of Authorized Representative Or Insurance Agent 25A-18