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FRIDA CINEMA (THE)
INSURANCE NOT ON FILE WORK MAY N9 PROCEED N-20119-036 CLERK OF COUNCIL. DATE:FER 2 S 2019 C) . GDA t0i I rw. r, U, ARTS ROUNDTABLE REGISTRY LAUCH EVENT AGREEMENT THIS AGREEMENT is made and entered into this 25 day of January, 2019, by and between The Frida Cinema, a California 501(c)(3) not-for-profit organization ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain an entity that can provide a location and all necessary services to host the Artist Roundtable Registry Launch Event to be held on Friday, January 25, 2019 from 6:30-9:30 pm. B. Provider represents that Provider is able and willing to provide such services to the City, C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, The total sum to be expended under this Agreement shall not exceed $5,000.00 during the term of this Agreement. b, Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work that fails to meet the standards of performance set forth herein, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above, and terminate on June 30, 2019, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. Page 1 of 8 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's negligent operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions, b. Worker's Compensation Insurance, In accordance with California State law, Consultant, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. Page 2 of 8 (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6, INDEMNIFICATION Provider agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all clahns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all' costs for the defense of the City, including fees and costs for special counsel to be selected by the City, 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. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Provider, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance, including any criminal history identified, prior to performing services hereunder. The background check shall include at a minimum a state and county criminal history investigation where such individual resides and a search of the National and California State Sex Offender Registries, Page 3 of 8 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Community Development Agency City of Santa Ana 26 Civic Center Plaza (M-25) F.O. Box 1988 Santa Ana, California 92702 Fax (714) 647-6549 To Provider: The Frida Cinema Attn: Logan Crow 305 E. Fourth Street Santa Ana, CA 92701 Telephone: (323) 428-7411 Email: logan@thefridacinema.org A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, cone mlication 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 fax, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not Page 4 of 8 bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement. Therefore, Provider may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. 13. RECORDS Provider shall keep any records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider under this Agreement. 1.4. NON-DISCRIMINATION Provider 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, teaching, training, utilization, promotion, termination or other employment related activities, or in any activities under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION — VENUE 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 deternined 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. 1.6. LICENSES Provider shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Page 5 of 8 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder, 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that be so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. [Signatures on following page] Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. IN wm-"IWINFILIV'7� NORMA Acting Clerk of the Council APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager PROVIDER: 49(�owrrecto�-- Executive r Tax ID: 27-0950151 Page 7 of 8 Exhibit A Scope of Services and Budget Page 8 of 8 Date: Invoice #: To: Program / Event: Sponsorship Amount: Please make checks payable to: Kindly remit to: Invoice January 9, 2019 2096 City of Santa Ana via email to TLe5@santa-ano.org Arts Round Table Launch Friday, January 25, 2019 $5,000 (Five Thousand Dollars) Event Budget on Second Page of this Invoice. The Frida Cinema Attn: Logan Crow The Frida Cinema 305 E. 41h Street Santa Ana, CA 92701 Wire/ACH: JP Morgan Chase Routing Number: 322271627 Account Number: 4941275152 Contact Information: Logan Crow, Executive Director (323) 428-7411 logan@thefridacinema.org WWW.THEFRID AC1NEMA.ORG TW%TTER,FACEB®®Kl&INSTAGRAM: @THEFRIDACINEMA The Frida Cinema Is a California 501(c)(3) not-for-profit organization, dedicated to enriching, connecting, and educating audiences through the art of cinema. Federal Tax ID 27-0950151 We thank you for supporting the arts in Your community! ITEMIZED EVENT BUDGET Vendor Fee The Frida Cinema$2,000 ......... ... __....,.. _..,,..... __.._. __ Jon---- ... ...... ......_. .. Jordan Djahangirij (Graphics and Design Services) $250 Photo Booth $625 Food Vendor - La Vegana Mexicana . _,...._ ................... $350 Food Vendor - DT Business A (TBD) _ ...._.,.._ .......... .. ....... $300 Food Vendor - DT Business B (TBD) $300 Food Vendor DT Business C (TBD) $300 Entertainment - Outdoor Area _... ...... ...,... $275 Entertainment - Indoors$200 ...... Event Staff Scotts Crew (2 People) $150 I._ TOTAL $5,000 A O® CERTIFICATE OF LIABILITY INSURANCE O02/07/201 W) 02/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER KEIR JONES STATE FARM S#ri$eFarm 5150 E COLORADO ST LONG BEACH CA 90814 CONTACT NAME: MELISSA WRIGHT PHONE5: 1;562-433-5573 ,� N0,562-433-5574 nooeesMELISSA@KEIRJONES.COM INSURER($) AFFORDING COVERAGE NAIC# INsuRERA;Stale Farm General Insurance Company 25151 INSURED THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701 INSURER B: 25178 INSURER C: 12/08/2017 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 92 -E6 -S488.3 12/08/2017 12/08/2018 EACH OCCURRENCE $ 2,000,000 DAMAGETO RENT CLAIMS -MADE � OCCUR S(RENTED 300,000 PREMISES neaCe $ MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X ❑ PEQ [::] POLICY LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY (Per person) $ AOSCHEDULED BODILY INJURY $ AUTOS AUTOS (Per accid.ro NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENT I $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS bold. E.L. DISEASE -POLICY LIMIT I $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) P — p CERTIFICATE HOLDER CANCELLATION @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AGENTS & REPRESENTATIVES ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA AUTHORIZED REPRESENTATIVE �!'GP.L'Gd2Gri W SANTA ANA CA 92701 @ 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 MSW Policy No. 92 E6S488 .3 0535-FB2C CMP -4787 9 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CMP -4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92 E5S488 3 Named Insured: THE FRIDA CINEMA Name And Address Of Person Or Organization: CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS & REPRESENTATIVES 20 CIVIC CENTER PLY, SANTA ANA CA 92701 4058 The following is added to Paragraph 10.b. of SECTION I AND SECTION 11 — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. GMP -4767 1006225 137715.1 11-19-2013 mat O, Copyright, Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services office, Inc., With its permlermleslon. MSW Policy No. 92 E6S488 3 0535-FB2C CMP -4860.1 Pagel of 2 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CMP -4860.1 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 6Yfl71��119�� Policy Number: 92 E6S488 3 Named Insured: THE FRIDA CINEMA Name And Address Of Additional Insured Person Or Organization: CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS & REPRESENTATIVES 20 CIVIC CENTER PLS SANTA ANA CA 92701 4058 SECTION II — WHO IS AN INSURED of b. If coverage provided to the additional in - SECTION II — LIABILITY is amended to in- sured is required by a contract or agree- clude, as an additional insured, any person or ment, the insurance provided to the organization shown in the Schedule, but only additional insured will not be broader than with respect to liability for "bodily injury', that which you are required by the con - "property damage", or "personal and advertis- tract or agreement to provide for such ad- ing injury" caused, in whole or in part, by: ditional insured; and a. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations; or b. Products–Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted bylaw; c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit' is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 3'L� 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: 5, a. Required by the contract or agreement, or b. Available under the appplicable Limits Of Insurance shown in the Kclarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION If — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an 'occurrence' or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP -4860A CMP -4880.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the 'occur- rence' or offense; b. Tender the defense and indemnity of any claim or "suit' to us and to all other Insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC. TION II — LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insur- ance available to the additional insured, provided that the additional insured is a named insured under such other insur- ance, b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. 1007042 148020 48-28-2014 B, Copyright, Slate Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. A4 STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS RENEWAL DECLARATIONS RQ haid153% 75085-3925 Named Insured AT2 M-23-0535-FB2C F N 001247 3125 THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 'IIII�II'�'�I�'�"III��I'I�I��'IIIr1�1��111IIrII11�III1'�I�II'Ill Businessowners Policy Policy Number 92 -E6 -S4883 Policy Period Effective Date Expiration Date 12 Months DEC 8 2018 DEC 8 2019 The polio period begins and ends at12:01 am standard It at Premises IocaLon. Agent and Mailing Address KEIR JONES 5150 E COLORADO ST LONG REACH CA 90814-1837 PHONE: (562) 433-5573 Automatic Renewal - If the policy period is shown as 12 months, this policy will be renewed automatically subjectto the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: Corporation NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. POLICY PREMIUM Discounts Applied: Renewal Year Years in Business Protective Devices Sprinkler Claim Record $ 1,702.00 Prepared SEP 25 2018 © Capyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008434 294 I Continued on Reverse Side of Page N ReUi(3�1 I- L6 Page 1 of 7 530 ffee2(1531-2011 OVUM) M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S488.3 SECTION I- PROPERTY SCHEDULE Location Location of Limit of Insurance* Limit of Insurance* Seasonal Number Described Continued on Next Page Increase - Premises Coverage A- Coverage B- Business Buildings Business Personal Personal Property Property 001 305 E 4TH ST STE 100 No Coverage $ 157,600 25% SANTAANACA 92701-4639 *As of the effective date of this policy, the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage. SECTION I - INFLATION COVERAGE INDEX(ES) Cov A - Inflation Coverage Index: N/A Cov B - Consumer Price Index: 252.1 SECTION I - DEDUCTIBLES Basic Deductible $1,000 Special Deductibles: Money and Securities $250 Equipment Breakdown $1,000 Other deductibles may apply - refer to policy. Prepared SEP 25 2018 © Copyright State Fann Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 008434 Continued on Next Page Page 2 of 7 17 Ct CIO M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S466-3 0 SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - EACH DESCRIBED PREMISES The coverages and corresponding limits shown below apply separately to each described premises shown in these H Declarations, unless indicated by "See Schedule." If a coverage does not have a corresponding limit shown below, but has "Included" indicated, please refer to that po Iicy provision for an explanation of that coverage. LIMIT OF COVERAGE INSURANCE Accounts Receivable On Premises $10,000 Off Premises $5,000 Arson Reward $5,000 Collapse Included Damage To Non -Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit Debris Removal 25% of covered loss Equipment Breakdown Included Fire Department Service Charge $2,500 Fire Extinguisher Systems Recharge Expense $5,000 Forgery OrAlteration $10,000 Glass Expenses Included Increased Cost Of Construction And Demolition Costs (applies only when buildings are 10% insured on a replacement cost basis) Money And Securities (Off Premises) $2,000 Money And Securities (On Premises) $5,000 Money Orders And Counterfeit Money $1,000 Newly Acquired Business Personal Property (applies only if this policy provides $100,000 Coverage B - Business Personal Property) Newly Acquired Or Constructed Buildings (applies only if this policy provides $250,000 Coverage A- Buildings) Prepared SEP 252018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., vdth its permission. 008435 294 Continued on Reverse Side of Page Page 3 of 7 N M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S488-3 Ordinance Or Law - Equipment Coverage Included Outdoor Property $5,000 Personal Effects (applies only to those premises provided Coverage B - Business $2,500 Personal Property) Personal Property Off Premises $15,000 Pollutant Clean Up And Removal $10,000 Preservation Of Property 30 Days Property Of Others (applies only to those premises provided Coverage B - Business $2,500 Personal Property) Signs $2,500 Valuable Papers And Records On Premises $10,000 Off Premises $5,000 Water Damage, Other Liquids, Powder Or Molten Material Damage Included SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of the number of described premises shown in these Declarations. COVERAGE Loss Of Income And Extra Expense COVERAGE Coverage L - Business Liability LIMIT OF INSURANCE Actual Loss Sustained - 12 Months Prepared SEP 25 2018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., with its permissico. 008435 Continued on Next Page LIMIT OF INSURANCE $2,000,000 Page 4 of 7 M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S488.3 Coverage M - Medical Expenses (Any One Person) $10,000 Damage To Premises Rented To You $300,000 CMP -4260 LIMIT OF AGGREGATE LIMITS INSURANCE Products/Completed Operations Aggregate $4,000,000 ' General Aggregate $4,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable Waiver of Trans Rgt of Recov annual period. Please refer to Section II - Liability in the Coverage Form and any attached endorsements. Al Design Person Org Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP -4101 Businessowners Coverage Form CMP -4705.2 *Loss of Income & Extra Expense CMP -4260 *Amendatory Endorsement FE -6999.2 *Terrorism Insurance Cov Notice CMP -4709 Money and Securities CMP -4788.1 Addl Insd Mgrs Lessor of Prem CMP -4787 Waiver of Trans Rgt of Recov CMP -4860.1 Al Design Person Org FD -6007 Inland Marine Attach Dec ©Copyright, State Farm Mutual Automodile Insurance Company, 2008 * New Form Attached SCHEDULE OF ADDITIONAL INTERESTS Interest Type: Adel Insured -Section 11 Interest Type: Addl Insured -Section 11 Endorsement#: CMP47881 Endorsement#: CMP48601 Loan Number: N/A Loan Number: N/A EAST END REALTY PARTNERS I CITY OF SANTAANA ITS 129 W WILSON ST STE 100 OFFICERS EMPLOYEE AGENTS & COSTAMESACA 926271586 REPRESENTATIVES 20 CIVIC CENTER PLZ SANTAANACA 927014058 Prepared SEP 25 2018 ©Copyright, State Farm Mutual Automodile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc.,with its pennissicn. 008436 294 N Continued on Reverse Side of Page Page 5 of 7 5—('V M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S488.3 Interest Type: Addl Insured -Section II Endorsement #: CMP48601 Loan Number: N/A SUNNYSIDE CEMETERY 1095 E WILLOW ST LONG BEACH CA 908063454 This policy is issued by the State Farm General Insurance Company. Participating Policy You are entitled to participate in a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation, as amended. In Witness Whereof, the State Farm General Insurance Company has caused this policy to be signed by its President and Secretary at ���B,�l/po0yo�,mington, �IIlllll/i��n,,oiiss..".� /�/" �QyV� Secretary Ort President IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided tinder this policy. Your agent's name and contact information are provided on the front of this document. Another option Is to reach out by mail or phone directly to: State Farm"Executive Customer Service PO Box 2320 Bloomington IL 61702 Phone # 1-800-STATEFARM (1-800-782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Phone Or 1 -800 -927 -HELP (4357) or visit www.insurance,ca.gov/01-consumers Prepared SEP252018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission 008436 Continued on Next Page Page 6 of 7 M M 8434 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for THE FRIDA CINEMA Policy Number 92 -E6 -S488.3 NOTICE TO POLICYHOLDER: For a comprehensive description of coverages and forms, please refer to your policy. Policy changes requested before the "Date Prepared", which appear on this notice, are effective on the Renewal Date of this policy unless otherwise indicated by a separate endorsement, binder, or amended declarations. Any coverage forms attached to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the "Date Prepared" will be sent to you as an amended declarations or as an endorsement to your policy. Billing for any additional premium for such changes will be mailed at a later date. If, during the past year, you've acquired any valuable property items, made any improvements to insured property, or have any questions about your Insurance coverage, contact your State Farm agent. Please keep this with your policy. Your coverage amount.... It is up to you to choose the coverage and limits that meet your needs. We recommend that you purchase a coverage limit equal to the estimated replacement cost of your structure. Replacement cost estimates are available from building contractors and replacement cost appraisers, or, your agent can provide an estimate from Xactware, Inc®using information you provide about your structure. We can accept the type of estimate you choose as long as It provides a reasonable level of detail about your structure. State Farm®does not guarantee that any estimate will be the actual future cost to rebuild your structure. Higher limits are available at higher premiums. Lower limits are also available, as long as the amount of coverage meets our underwriting requirements. We encourage you to periodically review your coverages and limits with your agent and to notify us of any changes or additions to your structure. Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., With its permission. 008437 294 Page 7 of 7 N 92 -E6 -S488.3 008437 M 8434 STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS INLAND MARINE ATTACHING DECLARATIONS PR°haraaon9K 75085-3925 Policy Number 92 -E6 -S488.3 Policy Period Effective Date Expiration Date M-23-0535-FB2C F N 12 Months DEC 8 2018 DEC 8 2019 Named Insured The Ae period es�ocation.ends at 12:01 am standard THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 R ATTACHING INLAND MARINE Automatic Renewal -If the policy period is shown as 12 months, this policy will be renewed automate aIly subject to the premiums, rules and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortg a gee/Lienhol der written notice in compliance with the volicv provisions or as recuired by law. Annual Policy Premium Included The above Premium Amount is included in the Policy Premium shown on the Declarations. Y011r policy consists of these Declarations, the INLAND MARINE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequentto the issuance of this policy. Forms, Options, and Endorsements FE -8739 Inland Marine Conditions FE -6271 Amendatory Endorsement FE -8745 Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile insurance Company, 2003 FD -6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 008438 530 666 a,2 6661-2011 MWM) 92 -E6 -S4883 M 8434 ATTACHING INLAND MARINE SCHEDULE PAGE ATTACHING INLAND MARINE ENDORSEMENT NUMBER COVERAGE FE -8745 Inland Marine Computer Prop Loss of Income and Extra Expense LIMITOF DEDUCTIBLE INSURANCE AMOUNT $ 25,000 $ 5o0 $ 25,000 OTHER LIMITS AND EXCLUSIONS MAYAPPLY- REFER TO YOUR POLIC' Prepared SEP 252018 © Copyright State Fenn Mutual Automa4ile Insurance Company, 2000 FD -6007 Includes copyrighted material of Insurance Services Office, In C., with Its permission, 008438 ANNUAL PREMIUM Included Included Us 606 a.2 05 31-2011 10113233.1 !'D -20 92-1 008439 CMP -4706,2 Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP -4705.2 LOSS OF INCOME AND EXTRA EXPENSE BEThis endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The coverage provided by this endorsement is subject to the provisions of SECTION I — PROPERTY, except as provided below. COVERAGES 1. Loss Of Income a. We will pay for the actual "Loss Of In- come" you sustain due to the necessary "suspension" of your 'operations" during the period of restoration". The "suspen- sion" must be caused by accidental direct physical loss to property at the described premises. The loss must be caused by a Covered Cause Of Loss. With respect to loss topersonal property in the open or personal property In a vehicle, the de- scribed premises Include the area within 100 feet of the site at which the described premises are located. With respect to the requirements set forth in the preceding paragraph, if you occupy only part of the site at which the described premises are located, then the described premises means: (1) The portion of the building which you rent, lease or occupy, and (2) Any area within the building or on the site at which the described premises are located, if that area is the only such area that: (a) Services; or (b) Is used to gain access to; the described premises. b. We will only pay for "Loss Of Income" that you sustain during the "period of restora- tion" that occurs after the date of acci- dental direct physical loss and within the number of consecutive months for Loss Of Income And Extra Expense shown in the Declarations. We will only pay for "ordi- nary payroll expenses" for 90 days follow- ing the date of accidental direct physical loss. 2. Extra Expense a. We will pay necessary "Extra Expense" you incur during the "period of restoration" that you would not have incurred if there had been no accidental direct physical loss to property at the described premises. The loss must be caused by a Covered Cause Of Loss. With respect to loss to personal property in the open or personal property in a vehicle, the described prem- ises include the area within 100 feet of the site at which the described premises are located. With respect to the requirements set forth in the preceding paragraph, if you occupy only part of the site at which the described premises are located, then the described premises means: (1) The portion of the building which you rent, lease or occupy; and (2) Any area within the building or on the site at which the described premises are located, if that area is the only such area that: (a) Services; or (b) Is used to gain access to, the described premises. b. We will only pay for "Extra Expense' that occurs after the date of accidental direct physical loss and within the number of consecutive months for Loss Of Income And Extra Expense shown in the Declara- tions. 3. Extended Loss Of Income a. If the necessary "suspension" of your "op- erations" produces a "Loss Of Income" payable under this policy, we will pay for the actual "Lass Of Income" you incur dur- ing the period that: (1) Begins on the date property, except fin- ished stock, is actually repaired, rebuilt or replaced and "operations" are re- sumed; and D, Copyright, State Farm Mutual Automobile Insurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 1 92 -E6 -S488.3 008439 (2) Ends on the earlier of: (a) The date you could restore your "operations", with reasonable speed, to the level which would generate the Net Income amount that would have existed if no acci- dental direct physical loss had oc- curred; or (b) 60 consecutive days after the date determined in Paragraph a.(1) above. However, Extended Loss Of Income does not apply to "Loss Of Income" incurred as a result of unfavorable business condi- tions caused by the impact of the Covered Cause Of Loss in the area where the de- scribed premises are located. b. "Loss Of Income" must be caused by ac- cidental direct physical loss at the de- scribed premises caused by any Covered Cause Of Loss. 4. Civil Authority a. When a Covered Cause Of Loss causes damage to property other than property at the described premises, we will pay for the actual "Loss Of Income" you sustain and necessary "Extra Expense" caused by ac- tion of civil authority that prohibits access to the described premises, provided that both of the following apply: (1) Access to the area immediately sur- rounding the damaged property is pro- hibited by civil authority as a result of the damage, and the described prem- ises are within that area but are not more than one mile from the damaged property; and (2) The action of civil authority is taken in response to dangerous physical condi- tions resulting from the damage or continuation of the Covered Cause Of Loss that caused the damage, or the action is taken to enable a civil authori- ty to have unimpeded access to the damaged property. b. Civil Authority coverage for "Loss Of In- come" will begin immediately after the time of the first action of civil authority that prohibits access to the described premis- es and will apply for a period of up to four consecutive weeks from the date on which such coverage began. M 8434 CMP -4705.2 Page 2 of 4 c. Civil Authority coverage for necessary "Ex- tra Expense" will begin immediately after the time of the first action of civil authority that prohibits access to the described premises and will end: (1) Four consecutive weeks after the date of that action; or (2) When your Civil Authority coverage for "Loss Of Income" ends; whichever is later. EXTENSIONS OF COVERAGE 1. Newly Acquired Property a. You may extend the insurance provided by this endorsement to apply to newly ac- quired or constructed property covered as described in Paragraph 12. of SECTION I — EXTENSIONS OF COVERAGE of your policy. b. The most we will pay in any one occur- rence under this coverage for "Loss Of In- come" and necessary "Extra Expense" is the actual loss you sustain. 2. Interruption Of Web Site Operations a. You may extend the insurance provided by this endorsement to apply to the neces- sary interruption of your business. The in- terruption must be caused by an accidental direct physical loss to your Web Site Operations at the premises of a ven- dor acting as your service provider. Such interruption must be caused by a Covered Cause Of Loss other than a loss covered under Equipment Breakdown Ex- tension Of Coverage of your Business - owners Coverage Form. (1) Coverage Time Period We will only pay for loss you sustain during the seven-day period immedi- ately following the first 12 hours after the Covered Cause Of Loss. (2) Conditions (a) This coverage applies only if you have a back-up copy of your Web Site stored at a location other than the site of the Web Site vendor and to the extent "Loss Of Income" is permanently lost. (b) Notwithstanding any provision to the contrary, the coverage provided un- der this Interruption Of Web Site ©, Copyright, State Farm Mutual Automobile Insurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED L' 'o 92 -E6 -S488.3 008440 Operations Extension Of Coverage is primary to any LOSS OF IN- COME AND EXTRA EXPENSE coverage provided by the Inland Marine Computer Property Form. b. The most we will pay in any one occur- rence under this coverage is $10,000. 3. Off Premises — Loss Of Income a. You may extend the insurance provided by this endorsement to apply to the neces- sary "suspension" of your business. The "suspension" must be caused by an acci- dental direct physical loss to Covered Property while it is in the course of transit or at another premises. If the Covered Property is located at an- other premises you own, lease, operate, or regularly use, the insurance provided under this extension applies only if the loss occurs within 90 days after the prop- erty is first moved. We will only pay for loss you sustain dur- ing the period beginning immediately after the time of accidental direct physical loss caused by any Covered Cause Of Loss and ending when the property should be repaired, rebuilt or replaced with reasona- ble speed and similar quality. b. The most we will pay in any one occur- rence under this coverage is $20,000. EXCLUSIONS We will not pay for: 1. Any "Extra Expense", or increase of "Loss Of Income", caused by: a. Delay in rebuilding, repairing or replacing the property or resuming 'operations', due to interference at the location of the rebuild- ing, repair or replacement by strikers, pick- eters, or any others charged with rebuilding, repairing, or replacing property; or b. Suspension, lapse or cancellation of any license, lease or contract. But if the sus- pension, lapse or cancellation is directly caused by the "suspension" of your "oper- ations", we will cover such loss that affects your "Loss Of Income" during the "period of restoration". 2. Any other consequential loss. CMP -4705.2 Page 3 of 4 CONDITION Resumption Of Operations We will reduce the amount of your: 1. "Loss Of Income", other than "Extra Expense", to the extent you can resume your "opera- tions", in whole or in part, by using damaged or undamaged property (including merchan- dise or stock) at the described premises or elsewhere. 2. "Extra Expense" loss to the extent you can return "operations" to normal and discontinue such "Extra Expense". DEDUCTIBLE No deductible applies to the coverage provisions provided in this' Loss Of Income" endorsement. However, for any loss covered under Paragraph 22.b.(4) of the Equipment Breakdown Extension Of Coverage of your policy, the Special Deducti- ble for Equipment Breakdown will apply to this "Loss Of Income". DEFINITIONS 1. "Extra Expense' means expense incurred: a. To avoid or minimize the "suspension" of business and to continue "operations": (1) At the described premises; or (2) At replacement premises or at tempo- rary locations, including relocation ex- penses,. and costs to equip and operate the replacement or temporary locations; b. To minimize the "suspension" of business if you cannot continue "operations"; or c. To: (1) Repair or replace any property, or (2) Research, replace or restore the lost information on damaged "valuable pa- pers and records" to the extent it reduces the amount of loss that otherwise would have been payable under this coverage or "Loss Of Income" coverage. 2. "Loss Of Income' means the sum of the amounts as described in a. and b. below: a. Net Income (net profit or loss before in- come taxes) that would have been earned or incurred if no accidental direct physical loss had occurred, including: (1) "Rental value"; ©, Copyright, State Farm Mutual Automobile Insurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED ►3-26 92 -E6 -S488-3 008440 (2) "Maintenance fees", if you are a con- dominium association or other similar community association; (3) Total receipts and contributions (less operating expenses) normally received during the period of disruption of oper- ations; and (4) Tuition and fees from students, includ- ing fees from room, board, laboratories and other similar sources. Net Income does not include any Net In- come that would likely have been earned as a result of an increase in the volume of business due to favorable business condi- tions caused by the impact of the Covered Cause Of Loss on customers or on other businesses. b. Continuing normal operating expenses in- curred, including "ordinary payroll expens- es". 3. "Maintenance fees" means the regular pay- ment made to you by unit -owners and used to service the common property. 4. "Operations" means your business activities occurring at the described premises. 5. "Ordinary payroll expenses": a. Mean payroll expenses for all your em- ployees except: (1) Officers; (2) Executives; (3) Department Managers; and (4) Employees under contract. b. Include: (1) Payroll, (2) Employee benefits, if directly related to payroll; 8, (3) FICA payments you pay, (4) Union dues you pay; and (5) Workers' compensation premiums. 6. "Period of restoration": M 8434 CMP -4705.2 Page 4 of 4 (1) Begins immediately after the time of accidental direct physical loss caused by any Covered Cause Of Loss at the described premises; and (2) Ends on the earlier of (a) The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (b) The date when business is re- sumed at a new permanent loca- tion. b. Does not include any increased period re- quired due to the enforcement of any ordi- nance or law that: (1) Regulates the construction, use or re- pair, or requires the tearing down of any property; or (2) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of "pollutants". The expiration date of this policy will not cut shortthe "period of restoration". "Rental value" means: a. The total anticipated rental income from tenant occupancy of the premises de- scribed in the Declarations as furnished and equipped by you; b. The amount of all charges which are the legal obligation of the tenant(s) and which would otherwise be your obligations; and c. The fair rental value of any portion of the described premises which is occupied by you. "Suspension" means: a. The partial slowdown or complete cessa- tion of your business activities; or b. That a part or all of the described premises is rendered untenantable, if coverage for "Loss Of Income" applies. a. Means the period of time that: All other policy provisions apply. CMP -4705.2 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2016 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (CONTINUED) lL —Z8 92 -E6 -S488.8 008441 CMP -4260C Page 1 of 3 IMPORTANT NOTICE Effective with this policy term, CMP4260 AMENDATORY ENDORSEMENT (California) is added to your policy. This notice suminarizes the changes being made to your policy. Please read the new endorsement care- fully and note the following changes: OTHER CHANGES • SECTION I AND SECTION II — COMMON POLICY CONDITIONS o Our Rights Regarding Claim Information: We have added a provision stating that we will not be restricted or prohibited from obtaining, using, or retaining records as part of the claim process. The records will be obtained, used, and retained in accordance with applicable laws and regulations consistent with our business functions. o Electronic Delivery: We have added a provision permitting electronic delivery of documents and notices with the consent of the insured. • SECTION II — MEDICAL EXPENSES, Coverage M – Medical Expenses: Paragraph 1.d.(2) is re- vised to state that we will pay medical expenses when the injured person or, when appropriate, some- one acting on behalf of that person executes authorization to allow us to obtain copies of medical bills, medical records, and any other information we deem necessary to substantiate the claim. Such au- thorizations must not: o Restrict us from performing our business functions in obtaining records, bills, information, and data or in using or retaining records, bills, information, and data collected or received by us, o Require us to violate federal or state laws or regulations; o Prevent us from fulfilling our data reporting and retention obligations to insurance regulators, or o Prevent us from disclosing claim information and data to enable performance of our business func- tions, meet our reporting obligations to insurance regulators and data consolidators, and as other- wise permitted by law. If the holder of the information refuses to provide it to us despite the authorization, then at our request, the person making claim or his or her legal representative must obtain the information and promptly provide it to us. Endorsement CMP -4260 follows this notice. Please read it thoroughly and place it with your policy. If you have any questions about the information in this notice, please contact your State Farm® agent. This notice is a general description of coverage and/or coverage changes and is not a statement of contract. This message does not change, modify, or invalidate any of the provisions, terms, or conditions of your policy, or any other applicable endorsements. CMP -4260 AMENDATORY ENDORSEMENT (California) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 1. SECTION I — EXCLUSIONS is amended as f. Dishonesty follows: (1) Dishonest or criminal acts by you, a. Paragraph 2.f. Dishonesty is replaced by anyone else with an interest In the the following: property, or any of your or their O, Copyright. State Farm Mutual Automobile Insurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. I5-Ze 92 -E6 -S488.3 008441 partners, "members", officers, ,.managers", employees, directors, trustees, or authorized representa- tives, whether acting alone or in collusion with each other or with any other party; or (2) Theft by any person to whom you entrust the property for any pur- pose, whether acting alone or in collusion with any other party. This exclusion applies whether or not an act occurs during your normal hours of operation. This exclusion does not applyto acts of destruction by your employees; but theft by your employees is not covered. With respect to accounts receivable and "valuable papers and records", this exclusion does not apply to carriers for hire. b. Under Paragraph I. Fungi, Virus Or Bac- teria, the reference to 23. Fungi, Wet Or Dry Rot is changed to 24. Fungi, Wet Or Dry Rot. 2. Paragraph 24, d. under Fungi, Wet Or Dry Rot And Bacteria of SECTION I — EXTENSIONS OF COVERAGE does not apply. 3. :SECTION II — LIABILITY is amended as fol- lows: a. When used in this policy, the words "his or her" are replaced with "that person's". b. Section ll–Exclusionsisamended asfol- lows: (1) Paragraphs 17.b. and 17.c. under Per- sonal And Advertising Injury are re- placed by the following: b. Arising out of oral orwritten publica- tion of material, in any manner, if done by or at the direction of the in- sured with knowledge of its falsity; c. Arising out of oral or written publica- tion of material, in any manner, whose first publication took place before the beginning of the policy period; c. Under SECTION II — MEDICAL EX- PENSES, Paragraph t.d.(2) under Cover- age M – Medical Expenses is replaced by the following: M 8434 CMP -4260C Page 2 of 3 (2) Executes authorization to allow us to obtain copies of medical bills, medical records, and any other information we deem necessary to substantiate the claim. Such authorizations must not: (a) Restrict us from performing our business functions in: i. Obtaining records, bills, infor- mation, and data; or ii. Using or retaining records, bills, information, and data collected or received by us; (b) Require us to violate federal or state laws or regulations; (c) Prevent us from fulfilling our data reporting and data retention obliga- tions to insurance regulators; or (d) Prevent us from disclosing claim in- formation and data: I. To enable performance of our business functions; ii. To meet our reporting obliga- tions to insurance regulators; iii. To meet our reporting obliga- tions to insurance data consoli- dators; and iv. As otherwise permitted by law. If the holder of the information re- fuses to provide it to us despite the authorization, then at our request the person making claim or his or her legal representative must ob- tain the information and promptly provide itto us; and 4. The following are added to SECTION I AND SECTION II — COMMON POLICY CONDI- TIONS: Our Rights Regarding Claim Information a. We will collect, receive, obtain, use, and re- tain all the items described in Paragraph b.(1) below and use and retain the infor- mation described in Paragraph b.(3)(b) be- low, in accordance with applicable federal and state laws and regulations and con- sistent with the performance of our busi- ness functions. b. Subject to Paragraph a. above, we will not be restricted in or prohibited from: ©, Copyright, State Farm Mutual Automobile Insurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., with its permission. t�—Z6 92 -E6 -S488.3 008442 (1) Collecting, receiving, or obtaining rec- ords, receipts, invoices, medical bills, medical records, wage information, sal- aryinformation, employment information, EE data, and any other information; (2) Using any of the items described in Par- agraph b.(1) above; or T (3) Retaining: (a) Any of the items in Paragraph b.(1) above; or (b) Any other information we have in our possession as a result of our processing, handling, or otherwise resolving claims submitted under this policy. CMP -4260C Page 3 of 3 (2) To meet our reporting obligations to in- surance regulators, (3) To meet our reporting obligations to in- surance data consolidators; (4) To meet other obligations required by law; and (5) As otherwise permitted by law. d. Our rights under Paragraphs a., b., and c. above shall not be impaired by any: (1) Authorization related to any claim sub- mitted underthis policy; or (2) Act or omission of an insured or a legal representative acting on an insured's behalf. Electronic Delivery c. We may disclose any of the items in Para- With your consent, we may electronically de - graph b.(1) above and any of the infor- liver any document or notice, including a notice matron described in Paragraph b.(3)(b) to renew, nonrenew, or cancel, instead of mail - above: ing it or delivering it by other means. Proof of (1) To enable performance of our business transmission will be sufficient proof of notice. functions; All other policy provisions apply. CMP -4260 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (CONTINUED) L- 2.e) 92 -E6 -S488-3 008442 M 8434 FE -6999.2 Page 1 of 1 In accordance with the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2015, this disclosure is part of your policy. FE -6999.2 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is not excluded from your current policy. However your policy does contain other exclusions which may be ap- plicable, such as an exclusion for nuclear hazard. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2015, the def- inition of act of terrorism has changed. As defined in Section 102(1) of the Act: The term "act of ter- rorism" means any act that is certified by the Sec- retary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of ter- rorism; to be a violent act or an act that is dan- gerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been commit- ted by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con- duct of the United States Government by coer- cion. Under this policy, any covered losses resulting from certified acts of terrorism may be partially reimbursed by the United States Gov- ernment under a formula established by the Ter- rorism Risk Insurance Act, as amended. Under the formula, the United States Government generally reimburses 85% through 2015; 84% beginning on January 1, 2016, 83% beginning on FE -6999.2 January 1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019; and 80% beginning on January 1, 2020 of covered terrorism losses exceeding the statutorily estab- lished deductible paid by the insurance company providing the coverage. The Terrorism Risk Insur- ance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. There is no separate premium charged to cover insured losses caused by terrorism. Your insur- ance policy establishes the coverage that exists for insured losses. This notice does not expand coverage beyond that described in your policy. THIS IS YOUR NOTIFICATION THAT UNDER THE TERRORISM RISK INSURANCE ACT, AS AMENDED, ANY LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM UNDER YOUR POLICY MAY BE PARTIALLY REIM- BURSED BY THE UNITED STATES GOVERN- MENT AND MAY BE SUBJECT TO A $100 BILLION CAP THAT MAY REDUCE YOUR'COV- ERAGE. V, Copyright, State Farm Mutual Automobile Insurance Company, 2015 J$ --L13 STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS RENEWAL DECLARATIONS R` hartlsan 9TX 75065-3925 Addl Insured -Section II Only AT2 M-23-0535-FB2C F N 001249 3125 CITY OF SANTA ANA ITS OFFICERS EMPLOYEE AGENTS & 20ICC 20 CIVIC CENTER PLZ SANTArCIVANAi CAEER 92701-4058 III'Il'I'Il'IIIII'Illlllllll'1111111'I'IlPllll'I111111Jlplllll Businessowners Policy Number 92 -E6 -S488.3 Policy Period Effective Date Expiration Date 12 Months DEC 8 2018 DEC 8 2019 TheoliGV cried begins and ends at12:01 am standard time atme premises location. Named Insured THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 Automatic Renewal - lithe policy period is shown as 12 months,this policywill be renewed automatically subjectto the premiums, rules and forms in effectfor each succeeding policy period. Ifthis policy is terminated,we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: Corporation NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. POLICY PREMIUM Discounts Applied: Renewal Year Years in Business Protective Devices Sprinkler Claim Record $ 1,702.00 Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008448 294 Al Continued on Reverse Side of Page N Q,- aro.tr Page 1 of 7 530090 a2 05312011 1olte2aIc) RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488-3 SECTION I- PROPERTY SCHEDULE Location Location of Limit of Insurance* Limit of Insurance* Seasonal Number Described Continued on Next Page Increase - Premises Coverage A - Coverage B - Business Buildings Business Personal Personal Property Property 001 305 E 4TH ST STE 100 No Coverage $ 157,600 25% SANTAANACA 92701-4639 *As of the effective date of this policy, the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage, SECTION I - INFLATION COVERAGE INDEX(ES) Cov A- Inflation Coverage Index: N/A Cov B - Consumer Price Index: 252.1 SECTION I - DEDUCTIBLES Basic Deductible $1,000 Special Deductibles: Money and Securities $250 Equipment Breakdown Other deductibles may apply - refer to policy. Prepared SEP 25 2018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Ina,with its permission. 008448 Continued on Next Page $1,000 Page 2 of 7 2® -ZSR RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488-3 SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - EACH DESCRIBED PREMISES q The coverages and corresponding limits shown below apply separately to each described premises shown in these Declarations, unless indicated by "See Schedule." If a coverage does not have a corresponding limit shown below, but has "Included" indicated, please refer to that policy provision for an explanation of that coverage. Prepared SEP 25 2018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material at Insurance Services Office, Inc., with its permission. 003449 294 Continued on Reverse Side of Page Page 3 of 7 N 'Z 1-2V LIMIT OF COVERAGE INSURANCE Accounts Receivable On Premises $10,000 Off Premises $5,000 Arson Reward $5,000 Collapse Included Damage To Non -Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit Debris Removal 25% of covered loss Equipment Breakdown Included Fire Department Service Charge $2,500 Fire Extinguisher Systems Recharge Expense $5,000 Forgery Or Alteration $10,000 Glass Expenses Included Increased Cost Of Construction And Demolition Costs (applies only when buildings are 10% insured on a replacement cost basis) Money And Securities (Off Premises) $2,000 Money And Securities (On Premises) $5,000 Money Orders And Counterfeit Money $1,000 Newly Acquired Business Personal Property (applies only if this policy provides $100,000 Coverage B - Business Personal Property) Newly Acquired Or Constructed Buildings (applies only if this policy provides $250,000 Coverage A- Buildings) Prepared SEP 25 2018 © Copyright State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material at Insurance Services Office, Inc., with its permission. 003449 294 Continued on Reverse Side of Page Page 3 of 7 N 'Z 1-2V RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488.3 Ordinance Or Law - Equipment Coverage Included Outdoor Property - $5,000 Personal Effects (applies only to those premises provided Coverage B - Business $2,500 Personal Property) Continued on Next Page Personal Property Off Premises $15,000 Pollutant Clean Up And Removal $10,000 Preservation Of Property 30 Days Property Of Others (applies only to those premises provided Coverage B - Business $2,500 Personal Property) Signs $2,500 Valuable Papers And Records On Premises $10,000 Off Premises $5,000 Water Damage, Other Liquids, Powder Or Molten Material Damage Included SECTION I - EXTENSIONS OF COVERAGE - LIMIT OF INSURANCE - PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of the number of described premises shown in these Declarations. COVERAGE Loss Of Income And Extra Expense COVERAGE Coverage L - Business Liability LIMIT OF INSURANCE Actual Loss Sustained - 12 Months Prepared SEP 25 2018 © Copyright, State Farm Mutual Autemohile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 008449 Continued on Next Page LIMIT OF INSURANCE $2,000,000 Page 4 of 7 J RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488.3 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II - Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP -4101 Coverage M - Medical Expenses (Any One Person) $10,000 *Loss of Income & Extra Expense Damage To Premises Rented To You $300,000 FE -6999.2 *Terrorism Insurance Cov Notice LIMIT OF Money and Securities AGGREGATE LIMITS INSURANCE 7 Products/Completed Operations Aggregate $4,000,000 g General Aggregate $4,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II - Liability in the Coverage Form and any attached endorsements. Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below, and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP -4101 Businessowners Coverage Form CMP -4705.2 *Loss of Income & Extra Expense CMP -4260 *Amendatory Endorsement FE -6999.2 *Terrorism Insurance Cov Notice CMP -4709 Money and Securities CMP -4788.1 Addl Insd Mgrs Lessor of Prem CMP -4787 Waiver of Trans Rgt of Recov CMP -4860.1 AI Design Person Ong FD -6007 Inland Marine Attach Dec * New Form Attached Prepared SEP 25 2018 © Copyright, State Farm Mutt el Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc.,viah its permission. 008450 294 Continued on Reverse Side of Page N Page 5 of 7 mm RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488-3 This policy is issued by the State Farm General Insurance Company. Participating Policy You are entitled to participate in a distribution of the earnings of the company as determined by our Board of Directors in accordance with the Company's Articles of Incorporation, as amended. In Witness Whereof, the State Farm General Insurance Company has Caused this policy to be signed by its President and Secretary at"��Bloomington, �IIll�linoiissC4 Secretary President IMPORTANT NOTICE: California law requires us to provide you with Information for filing complaints with the State Insurance Department regarding file coverage and service provided underthis policy. Your agent's name and contact information are provided on the front of this document. Another option is to reach out by mail or phone directly to: State Fann® Executive Customer Service PD Box 2320 Bloomington IL 61702 Phone # 1-800-STATEFARM (1-800-782-8332) Department or Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Las Angeles, CA 90013 Phone # 1 -800 -927 -HELP (4357) or visit www.insurance.ca.aov/01-consumers Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 008450 Continued on Next Page Page 6 of 7 E14 -20 RENEWAL DECLARATIONS (CONTINUED) Businessowners Policy for CITY OF SANTAANA ITS Policy Number 92 -E6 -S488-3 El NOTICE TO POLICYHOLDER: For a comprehensive description of coverages and forms, please refer to your policy. Policy changes requested before the "Date Prepared", which appear on this notice, are effective on the Renewal Date of this policy unless otherwise indicated by a separate endorsement, binder, or amended declarations. Any coverage forms attached 3 to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the "Date Prepared" will be sent to you as an amended declarations or as an endorsement to your policy. Billing for any additional premium for such changes will be mailed at a later date. If, during the past year, you've acquired any valuable property items, made any improvements to insured property, or have any questions about your insurance coverage, contact your State Farm agent. Please keep this with your policy. Prepared SEP 252018 ©Copyright, State Farm Mutual Airtomoloile Insurance Company, 2008 CMP -4000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008451 294 Page 7 of 7 N 92 -E6 -S488-3 008451 2. (o -21 ATTACHING INLAND MARINE Automatic Renewal -If the policy period is shown as 72 months , this policy will be ren owed automatically subject to the premiums, rifles and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual Policy Premium Included The above Premium Amount is included in the Policy Premium shown on the Declarations. Your policy consists of these Declarations, the INLAND MARI NE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued an bsequentto the issuance of this policy. Forms, Options, and Endorsements FE -8739 Inland Marine Conditions FE -6271 Amendatory Endorsement FE -8745 Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 FD -6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008452 538-685 e.2 05342011 Iol1=20 114$ STATE FARM GENERAL INSURANCE COMPANY A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS INLAND MARINE ATTACHING DECLARATIONS F9 ham'san9TX 75085-3825 Policy Number 92 -E6 -S488.3 Policy Period Effective Date Exuiration Date M-23-0535-FB2C F N 12 Months DEC 8 2018 DEC 8 2019 The poli0y period begins and ends at 12:01 am standard time e attne remises location. Named Insured p THE FRIDA CINEMA 305 E 4TH ST STE 100 SANTA ANA CA 92701-4639 ATTACHING INLAND MARINE Automatic Renewal -If the policy period is shown as 72 months , this policy will be ren owed automatically subject to the premiums, rifles and forms in effect for each succeeding policy period. If this policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Annual Policy Premium Included The above Premium Amount is included in the Policy Premium shown on the Declarations. Your policy consists of these Declarations, the INLAND MARI NE CONDITIONS shown below, and any other forms and endorsements that apply, including those shown below as well as those issued an bsequentto the issuance of this policy. Forms, Options, and Endorsements FE -8739 Inland Marine Conditions FE -6271 Amendatory Endorsement FE -8745 Inland Marine Computer Prop See Reverse for Schedule Page with Limits Prepared SEP 25 2018 © Copyright, State Farm Mutual Automobile Insurance Company, 2008 FD -6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008452 538-685 e.2 05342011 Iol1=20 114$ 92 -E6 -S488.3 AITACHING INLAND MARINE SCHEDULE PAGE ATTACHING INLAND MARINE ENDORSEMENT NUMBER COVERAGE FE -8745 Inland Marine Computer Prop Loss of Income and Extra Expense LIMIT OF DEDUCTIBLE ANNUAL INSURANCE AMOUNT PREMIUM $ 25,000 $ 500 Included $ 25,000 Included Prepared OTHER LIMITS AND EXCLUSIONS MAY APPLY - REFER TO YOUR POLICY SEP 252018 ©Copyright, State Farm Mutual Automobile Insurance Company, 2008 FD -6007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008452 530 ese a2 05310011 10113233c1 2—b ~ Z'j