HomeMy WebLinkAboutBORDER X BREWING, LLC_ City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
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Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
The agreement with
No. N-2019-179 was completed on
(List al[ amendments. Use space below if needed.)
Revised: 10-18-16
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INSUR&NCE ON FILE
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UNTIL INSURAN E EXPIRES N-2019-179 20
CLERK 0 OU IL
DATE: SEP 12 U19
PARTICIPATION AND SPONSORSHIP AGREEMENT BETWEEN BORDER X
BREWING, LLC, VIVA LA VIDA SANTA ANA, AND THE CITY OF SANTA
ANA FOR FIESTAS PATRIAS 2019
THIS PARTICIPATION AND SPONSORSHIP AGREEMENT is made and entered into
this 9th day of September, 2019 by and between Border X Brewing, LLC, a California Limited
Liability Company ("Sponsor"), Viva la Vida Santa Ana, a California Domestic Non -Profit
Corporation ("Viva") 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")(also
collectively referred to as "the parties.").
RECITALS
A. The City is producing its Fiestas Patrias in Santa Ana on September 14-September 15,
2019 ("Event") and desires to retain sponsors for the Event.
B. Sponsor represents that it is able and willing to provide sponsorship for the Event.
C. Sponsor will provide beer, staffing, and equipment for the Event for use in the beer
garden. The beer garden will be operated primarily by Viva.
D. City, Sponsor and Viva desire to enter into a Participation and Sponsorship Agreement
("Agreement") to identify each parties' respectively obligations and roles regarding
operation of the beer garden for the Event.
E. Sponsor and Viva represents that they do not have any pending or open applications
with the City that require discretionary approval.
F. Sponsor and Viva represent that they are not adverse to the City in any pending or
ongoing legal proceeding.
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. CITY RESPONSIBLITIES
City shall be responsible for providing the following for the Event:
a. Pedestrian perimeter barricades for beer garden as outlined in the attached Exhibit A;
b. Security for monitoring of entrances/exits to beer garden, beer consumption and
checking identification;
c. City staff to provide oversight and support for operation of beer garden;
d. Provide dumpsters (recycling and trash) for Event; and
e. Provide electrical outlet for string lighting only.
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2. SPONSOR RESPONSIBILITIES;
Sponsor shall be requited to provide and/or entitled to the following:
a. Setup a Mexican Craft Beer Garden on Saturday, September 14, 2019 from 12:00 p.m.
to 10:00 p.m. and on Sunday, September 15, 2019 from 12:00 p.m. — 9:00 p.m. Beer garden will
be located as designated in the attached Exhibit A;
b. Provide four (4) types of beer and one (1) Border X Michelada (price range between
S6-S10);
c. Provide all equipment necessary for operation of the beer garden including, but not
limited to, canopies, umbrellas, tables, chairs, jockey box (for pouring beer), artworktddcor, and
lighting. The lighting must be adequate for visibility and safety pursuant to Orange County Fire
Authority ("OCFA") regulations. All exposed cables must have crossovers to avoid tripping
hazards;
d. Provide adequate personnel to stock beer, clean up the beer garden during the hours of
operation and at the end of each night;
e. Provide supplies including but not limited to trash boxes, liners; and any necessary
cleaning supplies;
f. Assist Viva in enforcing the beer garden rules;
g. Sponsor will keep the proceeds from any beer sales, in excess of the 10%, Sponsor has
agreed to provide to Viva, from the beer garden for the Event;
h. Sponsor will provide the total amount of the gross receipts from beer sales for the beer
garden during the Event to City in writing no later than forty-five (45) days of the end of the
Event; and
i. Sponsor grants to the City the right to use Sponsor's trademark(s), trade name(s), logo
designs and company descriptions as prepared and delivered to City by Sponsor in any medium
of advertising, marketing materials, and/or promotional goods distributed in conjunction with the
Event and in accordance with Sponsor's usage guidelines.
3. VIVA'S RESPONSIBLITIES
Viva shall be responsible for providing and/or entitled to the following:
a_ Viva shall obtain an ABC license, prior to the start of the Event, which allows for the
operation of the beer garden for the Event. A copy of said license shall be provided to Sponsor
and City,
b. Viva shall provide sufficient staff to operate a beer garden at the Event on Saturday,
September 14, 2019 from 12:00 p.m. to 10:00 p.m. and on Sunday, September 15, 2019, from
12:00 p.m. to 9:00 p.m.
c. Viva shall provide staff to pour beer, sell tickets, take tickets, and generally operate a
beer garden at the Event for a maximum of 150 people at a time;
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d. Viva shall be responsible for enforcing beer garden rules, winch include:
(1) Beer garden is open for adults 21 and over. A valid driver's Iicense is
required upon entry into the beer garden;
(2) Two drink maximum per person;
(3) Only beer can be sold in the beer garden. No wine or hard liquor sales or
consumption are allowed in the beer garden;
(4) All sales of beer in the beer garden must cease 30 minutes before the end of
the Event. On Saturday, September 14, 2019, beer sales must stop at 9:30 p.m. On Sunday,
September 15, 2019, beer sales must stop at 8:30 p.m.
(5) Alcohol beverage sales and consumption are prohibited in public or on any
public street; sidewalk; or public property;
(6) The beer garden must remain in a clean and safe condition at all times;
prohibited; (7) Dumping of trash, food or liquids except in designated trash receptacles is
(8) Furniture within the beer garden cannot obstruct ingress and egress.
(9) All cables must have crossovers;
(10) Beverages cannot be sold in glass containers;
(11) Amplified sound and wheel of fortune are prohibited unless pre -approved
prior to the Event by the City;
(12) Compliance with OCFA regulations and guidelines at all times;
(13) Compliance with ABC regulations and guidelines at all times;
(14) Compliance with Orange County Health Department regulations and
guidelines at all times
(15) Compliance with all directives from City staff and/or the Santa Ana Police
Department including but not limited to shutting down the beer garden.
e. Within forty-five days of the end of the Event, Viva will receive from Sponsor 10% of
the total beer garden sales for the Event; and
f. Viva grants to the City the right to use Viva's trademark(s), trade name(s), logo
designs and company descriptions as prepared and delivered to City by Sponsor in any medium
of advertising, marketing materials, and/or promotional goods distributed in conjunction with the
Event and in accordance with Sponsor's usage guidelines.
4. SPONSORSHIP FEE
There is no monetary sponsorship fee.
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g. EXCI.USIViTY OF SPONSORSHIP
This sponsorship is non-exclusive. The City may enter into other sponsorship
agreements for this Event.
6. TERM
This Agreement shall commence on the date stated above and continue through October
31, 2014, unless terminated as otherwise provided in this Agreement.
7. INDEPENDENT CONTRACTOR
Sponsor and Viva, their respective employees and volunteers shall, during the entire term
of this Agreement, be construed to be an independent contractor and not employees 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 professional manner in which Sponsor and/or Viva, their respective employees or
volunteers, performs the services which are the subject matter of this Agreement; however, the
services to be provided by Sponsor and/or Viva, their respective employees and volunteers, shall
be provided in a manner consistent with all applicable standards and regulations governing such
services. Sponsor and Viva 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.
S. INSURANCE
During the term of this Agreement, Sponsor and Viva shall maintain and shall require its
subcontractors or agents, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Sponsor and Viva 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 Sponsor's and/or Viva's
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 non-contributory with respect to
insurance or self-insurance programs maintained by the City; and (c) contain standard separation
of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
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4
c. Worker's Compensation insurance. In accordance with Califomia state law, Sponsor
and Viva, if Sponsor or Viva have any employees, are 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, Sponsor and Viva agree to obtain and maintain any employer's
liability insurance with limits not less than $1,000 000 per accident.
d. The following requirements apply to the insurance to be provided by Sponsor and Viva
pursuant to this section:
(i) Sponsor and Viva 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 famished to the City upon execution of
this Agreement and shall be approved in form by the City.
(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
e. If Sponsor or Viva fail or refuse 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.
6, INDEMNIFICATION
To the fullest extent permitted by law, Sponsor and Viva shall indemnify, defend and
hold harmless City, its officers, agents and employees (collectively, the "indemnified parties")
from and against any and all claims (including, without limitation, claims for bodily injury, death
or damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim, collectively, "claims"), which may arise from or in any manner are related
(directly or indirectly) to this Agreement or Sponsor's and/or Viva's presence or activities at the
Event (including the negligent and/or willful acts, errors and/or omissions of Sponsor or Viva, its
principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable for any or all
of them). Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor or
Viva to indemnify the indemnified parties from any claim arising from the sole negligence or
willful misconduct of the indemnified parties. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Sponsor or Viva.
7. CONFIDENTIALITY
If Sponsor or Viva receive from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Sponsor agrees that it
shall not use or disclose such information except in the performance of this Agreement, and
#9235v3
farther agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Sponsor or Viva disclosed in a publicly available source; (c) is In rightful possession of the
Sponsor or Viva without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Sponsor or Viva without reference to
information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Sponsor and Viva respectively covenant that they presently have no interests and shall
not have interests, direct or indirect, which would conflict in any manner with this agreement.
Should this agreement create a conflict of interest for the City, the agreement shall be deemed
null and void.
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 facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714-647-6956
Copies to Parks, Recreation c& Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702-1988
Fax: 714-571-4227
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And,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
Santa Ana, California 92702-1988
Fax:714-647-5212
To Sponsor: Border X Brewing, LLC
2181 Logan Avenue
San Diego, California 92113
Phone: (858) 405-0528
Email: David. Favela ct.borderxbrewin =.com
To Viva: Viva La Vida Santa Ana
P.O. Box 2115
Santa Ana, California 92707
(714)200-5192
Email:
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,
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 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 parties
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
Sponsor. 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
bind or obligate Sponsor 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 are not embodied herein.
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11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Sponsor,
Sponsor 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. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services, which are the subject to
this Agreement performed by City personnel or by other Sponsors retained by City.
12. CANCELLLATION OR TERMINATION
If, because of war, fire, strike, civil strife, government regulation, natural catastrophe, an
act of terrorism or public enemy, an act of God, or any reason beyond the reasonable control of
City, the Event or any part thereof is prevented from being held or is cancelled by City, City, in
its sole discretion, shall determine and refund to the Sponsor its proportionate share of the
balance of the aggregate sponsor fees received that remain after deducting expenses incurred by
City and reasonable compensation to City. In no case shall the amount of the refund to the
Sponsor exceed the amount of the fee paid. City reserves the right to cancel any portion of the
Event, as it deems necessary and appropriate.
Cancellation by the Sponsor will be accepted only in writing. In the event of cancellation
by Sponsor, Sponsor will remain obligated for 100% of the sponsorship fee, and City will retain
the right to seek and retain an alternate sponsor in City's sole discretion.
13. NONDISCRIMINATION
Sponsor 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 or any activities in connection with this Agreement. Sponsor
affirms that it is an equal opportunity employer and shall comply with all applicable federal, state
and local laws and regulations.
14. 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 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.
15. PROFESSIONAL LICENSES
Sponsor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary hereunder and required by the laws and
#923iv3
regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Sponsor shall notify the City immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
16. PERSONAL BENEFIT TO CITY OFFICERS AND EMPLOYEES IS
PROHBITED
Sponsor must not confer a personal benefit, directly or indirectly, to any individual City
officer or employee.
17. NO ENDORSEMENT
Sponsorship shall not be deemed to constitute an endorsement by City of Sponsor, its
services, products; officials, board members, or owners.
18. LIMITATIONS
a. Editorial Control: City retains the right to exercise full editorial control over the
placement, content, appearance, wording, and design of sponsorship materials and messages.
b. No Use of City Loco or Seal: This sponsorship agreement does not allow for the
use of the City's seal or logo by Sponsor.
C. Content: Sponsorship signage, materials, advertising, handouts, etc., provided by
Sponsor pursuant to this agreement shall not contain the following:
(1) Obscenity;
(2) Pornography;
(3) Fighting words;
(4) Fraudulent material;
(5) Defamatory, libelous, or slanderous material;
(6) Promotion of illegal drugs, tobacco products, gambling, or adult
entertainment;
(7) Political campaign speech, speech that supports or opposes a ballot
measure or initiative, speech that supports or opposes any person running
for political office.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attomey's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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c. The portions of this Agreement are severable. Any invalidity, unenforceability or
illegality of any provision or provisions, shall not act to invalidate the entire Agreement. Each term
or provision of this Agreement shall be construed to be valid and enforceable to the fullest extent of
the law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
��I nf .
'
11
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: tLU
LAUKA A. ROSSINI �
Senior Assistant City Attorney
RECOMMENDED F
A
\ —z/
Director of Parks,
and Community Services Agency
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110
CITY OF SANfA ANA
KRISTINE RIDGE -
City Manager
SPONSOR
order X B ewiRg, LLC.
David Favela
CEO
4VIVAAVIDA SANTA ANA,INC.
mbula
I
EXHIBIT A
BEER GARDEN LOCATION/SITE PLAN
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State of California Department of Alcoholic Beverage Control
ABC-281
10199
License Type: 34 One Day Beer & Wine
License Nontransferable
LICENSE NO. 9576078
Receipt No. 2596499
APPLICATION: Fee Paid $100.00
Geographical Code 3017
Pursuant to the authority granted by the organization named below, the undersigned hereby applies for the above
designated license(s) for the location also described below.
ORGANIZATION: VIVA LA VIDA SANTAANA
LOCATION ADDRESS: FLOWER ST & CIVIC CENTER DR
SANTA ANA, CA 92701
TYPE OF EVENT: FESTIVAL
HR/DATES DURING WHICH September 14, 2019 - September 15, 2019
ALCOHOL WILL BE SOLD: 12:00 NOON - 10:00 PM
ESTIMATED ATTENDANCE: 15000
This license is conditioned (see attached).
AUTHORIZED REPRESENTATIVE IADDRESS
JESSICAARAMBULA
222 E POMONA S I'
SANTAANA CA 92707
LICENSE:
The above -named organization is hereby licensed, pursuant to Section 24045.1 of the Business and Professions Code and
Rule 59.5 of the California Code of Regulations, to engage in the temporary sale of alcoholic beverages for consumption
at the above -named location for the period authorized below.This license does not include off -sale ("to -go") privileges.
This license may be revoked summarily by the Department if, in the opinion of the Department and/or the local law
enforcement agency, it is necessary to protect the safety, welfare, health, peace, and morals of the people of the State.
09 R Good for2 day(s). Date Issued September 11, 2019.
Director of Alcoholic everage Control
BY—�
"➢t Lnmps a�i++rr``ies�,lt�'' 35:: .PL '_s '.'}4
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BEFORE THE
DEPARTMENT OF ALCOHOLIC BEVERAGE Ci?tiTROL
OF THE STATE OF CALIFORNIA
In the Matter of the Application of:
E'it'a La t'ida Santa Ana
File:
it
Flower St. Between Civic Center Dr and Santa Ana
Blvd,
Santa Ana, CA 92701
PETITION FOR
Specific Location: (Between Civic Center Dr and COLICENS,E 1[
Santa Ana Blvd.) LICENSE
For issuance or *Special Daily General License*
Cinder the Alcoholic Beverage Control Act
PETITION FOR CONDITIONAL LICENSE
WI I I--'REAS, petitioners have Died an application for the i ynancc of thy aboyc-rci rred to Iicell c. fill -
the abov4 mentioned premises; and.
WI IEREAS, issuance of a licco ,e without the below described conditions would be contrary to public
welfare and morals,
NOW. TIi I RF'FORL. the undersigned petitioners) dodoes hereby petition fur a conditional licen-se as
follows, lo-wit:
(Il. Alcoholic beverages may be sold, served ar cpnsulned, only within file barricaded area as
indicated oil the attached diagram_ In addition, no additional dispensing points shall be
permitted. persons may not take alcoholic beverages front the designated area.
ct'_. Applicant shall prowidc security personnel to monitor all alcoholic bcventgc dispelsing
points and activity in and about the area noted in condition tI. Said security per.otu
must ikear distinctive unifucmreso as to readily identity them as security personnel and
shall be present in the area where consumption ofaicoholic beverages is taking place at
all times that the license privilege; are being* exercised.
01, The security persons will prevent people from carrying alcoholic beverages out4lde the
designated area as noted in condition " E
RECEIVED
+mals SEP 112019
M . 1..
s- .A' 1 71
i t-
Viva La Vida Santa Ana
Pa_�C
04. Sale& service and consumption of alcoholic beverage shall occur only during the hours
12:00 noon to 10:04 pm on September 14 -15. 2019.
05. No more than two (2) alcoholic 6eeera, s may be purchased by time one (1) person at anv
(one) I time.
Ob- The petitioner shall sell alcoholic beverages only to persons who have obtained a no
removable bracelet. wristband or stamp identiftrout the individual av being 21 years Wage
or older. Reliance solely on said bracelet or wristband ;will not relieve any person of
responsibility should it be determined that the purrltaser and/or consunur is under 21
years of age.
PETITIONER aekno;c9edges that failure to comply with the (orc_oing conditions shall be grounds liar
tine sunuzlary revocation of the conditional one -day permit(s).
PETITIONER stipulates that the Department of Alcoholic Bevcrage Control and+br the Santa Ana
Police Department may sutttnnarily revoke the conditional one day pennit(s) should the [)cpartn=ent. in
its discretion, detenttine that the public welfare and morels are being impaired and.'or a law
enforcement problem is bein_, created: and that upon notice of such revocation, petitioner shall
immediately surrender the one day pennit to the Depannicul and cease alI saizs and ur, ieeof alcoholic
beve ages at the event for which the one duy pennit was issued.
PETITIONER agrees to retain a copy orthe petition or) the premises at all tines and will he
Prepared to produce it inuiediately upon the request of any peace officer.
Date
Ot
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L'a•IflfAf fr F,�
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State of California Department of Alcoholic Beverage Control
RECEIPT FOR PAYMENT
Paid For: VIVA LA VIDA SANTA ANA Received: September 11, 2019
Received at: SANTAANA DISTRICT Office Receipt No: 2596499
Total Amount: $100.00
Payment Method ID# Amount Paid By
CERTIFIED CHECK 0955307178 $100.00 BORDER X BREWING LLC
Accounting Comment: BANK OF AMERICA
Detail Transaction Job # Dup Unit Cost Quantity Amount Paid
34 - COL D 9576078 2 2 $100.00
BY: _
ABC 42 (01101)
Page 1 of 1
A`ORO® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM;
AE(MM; Dts�)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement s).
PRODUCER
Champion Risk & Insurance Services, L.P.
12250 El Camino Real, Ste 375
San Diego CA 92130
MCONT CT
PHONE 1FX,;774573-i770
p: 714505-7000
AppgESS mrtsonly@championrisk.net
INSURERS AFFORDING COVERAGE
NAIC4
INSURER A: Hanover American Insurance Co
INSURED BORDE-1
Border X Brewing
INSURER B : Allmedca Financial
Martin Favela
INSURERC:
INSURER e
2181 Logan Ave
San Diego CA 92113
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 924521095 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.
MSSR
ttPE OF PiSURl1NCE
A
INSO
UBR
MO
POLICY NUMBER
POLICY EPF
(MMMDNYYIO
POLICY EXP
iMMOVYIr")LIMITS
A
X
I COMMERCIALGENERALLIABILITY
Y
ZZ3D55951101
4/17IM19
4/17/2020
EACHOCCURRENCE
$1.000.000_
DAMAGE TO aocNw m„e
$100.000
CLAIMSI,IADE X OCCUR
MED EXP (Any one emn)
510,000
PERSONAL &AOV INJURY
S1.000,000
AGGREGATE LIMIT APPLIES PER:
POLICY ❑ JECOT LOC
GENERALAGGREGATE
S2.000.000
GENT
X
PRODUCTS -COMPIOP AGG
$2.000,000
Uwx L.blilty
S1,000,000
OTHER:
B
AUTOMOSILELIABILT'
AW3D55951001
4/174019
4/17/2020
MINED SINGL LIMIT Gdenl
511000,000
X
ANY AUTO
BODILY INJURY (Par parson)
S
I
OYMED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY Per accident)
S
X
HIRED X NON-OMED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE
'Cenl
S
S
UNIBRELLALU,B
OCCUR
EACHOCCURRENCE
s
AGGREGATE
S
EXCESS LIAR
CLAIMS -MADE
DIED
I I RETENTION S
5
INORKERSCOMPENSATION
ANDEMPLOVERS'LUIBILITY YIN
ANYPROPRIETOAIPARTNERIEXECUTIVE
OFRCERRAEMSEREXCLUDED7 �
NIA
I P ORH-
ETA TE EE
E.L ACC
EACH [DENT
S
E.L. DISEASE -SA EMPLOYEE
S
(Mandatory in NH)
Byyees, desvlbe and
E.L. DISEASE - POLICY LIMIT
S
DESCRIPTION CF OPERATIONS below
A
CyW Uadffiy
ZZ31355951101
4117/2019
4/17/2020
Per A99ragate
50,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A4diUena/Remade SCh".1R. may W atdchad If mon space is MWRNII
Certificate holder Is listed as an additional insured per the General Liability Provisions. Coverage is primary and noncontdbutory.
City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers as additional inured.
REVIEWED & APPROVED
By RISK MANAGEMENT DIVISION
30 days
CERTIFICATE HOLDER '- IJ ANCELLATION
City of Santa Ana FR'ANCINER.VILLAREAI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Risk Management Division
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 Civic Center Plaza, 4th floor
ACCORDANCE WITH THE POLICY PROVISIONS.
Santa Ana CA 92702
AUTHORIZED REPRESENTATIVE
01966-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
ZZ3 D559511 011001547
POLICY NUMBER: ZZ3 D559511 01
COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
• _•-SCHEDULED PERSON OR
ORGANIZATIOV
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
EtY o= Sa xa Tsa, Ris: waaa?tesrt. ?_ s a__i._s. >rp}oy_�s, z _r.
NA
Information required to comialete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11 — Who Is An Insured is amended to
include as an additional insured the person(s) or
organizations) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf,
in the performance of your ongoing operations for
the additional insurad(s) at the location(s)
designated above.
However.
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law: and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after.
1_ All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 0413 0 insurance Services Office, Inc., 2012 Page 1 of 2
ZZ3 D559511 01 1001547
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement, or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 10 0413