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EAST END REALTY PARTNERSHIP, LP, AND WURSTHAUS, INC.
City of Santa .na \ �j Clerk of the Council ~ tri 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 CLt- have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No A-2021-206 was completed on (List all amendments. Use space below if needed.) i:\agreementomrmMfarm - agreement termination form—goldenrod.doc COTC Office Use Only CE Ti-iE COUjgpIL and final payment has been made. Department: j p—c' ' Phone/Ext.: 7 Signature: > Date: 1 2 3 Irk o INSURANCE OIv FILE cv; `,NORK MAY PROCEL.; 00 UNTI NSURANCE EXPIRES v CLERK OF COUNCIL tD DATE: A-2021-206 THIRD AMENDMENT TO TEMPORARY O. �_C5,�,f �p OUTDOOR DINING LICENSE AGREEMENT % nT,f ` • " JO)�')) Yr This THIRD AMENDMENT TO TEMPORARY OUTDOOR DINING LICENSE AGREEMENT ("Third Amendment to License Agreement") is entered into this 19 day of October 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), East End Realty Partnership, LP, and Wursthaus, Inc. (collectively "Licensee"). RECITALS A. On May 7, 2019, the City and Licensee entered into the Temporary Outdoor Dining License Agreement No. A-2019-063 ("License Agreement") to allow temporary outdoor dining activities within a portion of Plaza Calle Cuatro ("Plaza"), adjacent to real property located at 301-305 East Fourth Street, Suite 106, Santa Ana, B. On November 30, 2019, the City and Licensee entered into a First Amendment to Temporary Outdoor Dining License Agreement No. A-2019-200 to extend the term of said License Agreement, increase the amount of the License Fee to cover the extended term, and clarify the type of fencing that may be installed on the Licensed Property. C. On November 17, 2020, the City and Licensee entered into a Second Amendment to Temporary Outdoor Dining License Agreement No. A-2020-213 to extend the term of said License Agreement and increase the outdoor dining space. D. In accordance with the terms and conditions of said License Agreement, the parties desire to amend said License Agreement to extend the term of said License Agreement for an additional one year, subject to the payment of an additional License Fee by Licensee; and, increase the amount of the License Fee to cover the extended term. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said License Agreement, except as herein modified, the parties agree as follows: Section 1, Term and Purpose of License, shall be amended to extend the term of the License Agreement from November 30, 2021, until November 30, 2022. 2. Section 3, License Fee, shall be amended to reflect that, upon execution of this First Amendment to License Agreement, Licensee shall pay to the City a one-time non-refundable fee of Two -Thousand and Twenty -Eight dollars ($2,028) to cover this third extended term of the License. 3. Except as hereinabove modified, the terms and conditions of said License Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to License Agreement the date and year first above written. ATTEST: 4PPROVED AS TOFORM: SONIA R. CARVALHO City Attorney la4lt- — Ryan Ho e Assist. t City Attorney RECOMMENDED FOR APPROVAL: A RUDLO F Executive Director Parks, Recreation and Community Services CITY OF SANTA ANA KRISTINE RIDGE City Manager EAST END REALTY PARTNERSHIP, LP See Attached Signature Page Ryan Chase WURSTHAUS, INC. See Attached Signature Page Gabriel Ruiz IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to License Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ryan 0,Hod e Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director Parks, Recreation and Community Services 2 CITY OF SANTA ANA KRISTINE RIDGE City Manager EAST END REALTY PARTNERSHIP, LP Ryan Chase WURSTHAUS, INC. Gabriel Ruiz RECO1VIIVIENDED FOR APPROVAL: RYURST$IAUS�'INC. r . is LISA'RUDLOPF ` �Galiriel" �. Execd6ve Director i H , : �' Pfift.'Recretdon and Coinmiinity Services Digitally signed by Francine K Francine R. Villareal Villareal ACORO® CERTIFICATE OF LIABILITY INSURANCE `� DATE(MMIDDNYYY) 1 3/3/2021 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 Risk Stratagles Company CONTAC NAME: Risk Strata ies com an 2040 Main Street, Suite 450 Irvine, CA 92614 'AM No ExthPHONE g4g_242-9240 AX No: E- URess: s oun risk -strafe ies.com INSURERS AFFORDING COVERAGE NAIL# INSURER A: SOm o America Insurance Company 11126 www.risk-strategies.com CA DOI License No. OF06675 INSURED East End Realty Partners LP INSURER 8: Fireman's Fund Insurance Company 21873 INsuREftc: Oak River Insurance Company 34630 129 W. Wilson St. Ste 100 NSURER D: Costa Mesa CA 92627 NSURERE: INSURER F: COVERAGES CFRTIFICATF NIIMRFR- Rnn Rd01'1 OcT/ICInid hillum ao• 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. Man LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF IMMIDDIINNIQ POLICY UP IMMIDD/YYYYJLIMITS A ✓ COMMERCIALGENERALLIABILITY CLAIMS -MADE 17 OCCUR ✓ CPL31033HO 3/1/2021 3/1/2022 EACH OCCURRENCE $1000000 IXAMAGE TO -RENTED PREMISES Eaaccurrence $1 00D000 MED UP (Any one person) $10 DDD PERSONAL&ADVINJURY $1000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[:]PRI JET �✓ LOC GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OP AGO $2000000 $ OTHER: A AUTOMOBILE LIABILITY ACVS1325zO 3/1/2021 3/1/2022 EeecclEDISINGLE LIMIT 81 =01000 BODILY INJURY (Par person) $ ANY AUTO ✓ OWNED HED AUTOS ONLY AUSCTOSULED BODILY INJURY (Peraccld.rd ) $ ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE Per accident $ B ,/ UMBRELLA LUIB ,/ OCCUR USLO14040211 3/1/2021 3/1/2022 EACH OCCURRENCE $10000000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DEO I I RETENTION$0 $ I C AND EMPLOYER$'NIABII COMPENSATION YIN EAWC216154 2/1/2021 2/1/2022 ,/ STATUTE EER R E.L. EACH ACCIDENT $1000000 OFFlOHRPRIETOREXCLURIEXECUTIVE NIA E.L.OISEASE - EA EMPLOYEO $1 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT 1 $1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Outdoor Dining License Agreement, Adjacent to 301-305 E. 4th St., Ste 106, City of Santa Ana, CA. City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General Liability and Auto Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non -Contributory. - 30 Days' Notice of Cancellation with 10 Days' Notice for Non -Payment of Premium in accordance with the policy provisions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division, 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Ji iifj r R6kMougementDivWwr Michael Christian ,F REVIEWED&APPR® DVBY: ©1988-2015 ACORD C^f p� F,K R. <<;,(fi✓+u[ ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Risk Management Maysl 60484613 1 21-22 WC-GL-AL-UL I Stacy Eickhoff 3/3/2021 4:14:19 PM (PST) I Page 1 of 12 POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG 20 26 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA Risk Management Division 4th Floor 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702-1988 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG 20 26 12 19 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 IN REVIEWED &APPROVED Sr ®' Risk Management Anatyst 60494913 1 21-22 WC-cc-u-m. I Stacy eickeoce 1 3/3/3021 4:14:19 M (PST) I Page 2 Of 12 This Endorsement Changes the Policy. Please Read It Carefully NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION, CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 1988 SANTA ANA, CA 92702-1988 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forma a part of 3/t/zozl Policy Number: ACVS1325ZO Effective Date: Insured: S & A MANAGEMENT, LLC Includes copyrighted malarial of SIL 02 022 0412 Insurance Services Office, Inc, with its pennission Risk Mowganeni Division ckM Risk Management Analyst 60484Bll 121-22 WC-GL-A -IP I Stacy Eickhoff 1 3/3/2021 4:14:19 PM (PS'19 I Page 3 of 12 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement fours a part of Policy Number: ACVS1325ZO Insured: S & A MANAGEMENT SIL 02 022 0412 Effective Date: 3/1/2021 T,T,C Includes copyrighted material of Insurance Services Office, Inc., with its permission. 60484813 121-22 WC-GL-A -M I Stacy 6lekhoff 13/3/2021 4:14:19 PM (PST) i Page 4 of 12 's'Sesxp� RWehlsrwgsraettlHvlelan RenEweo & APPsw®Br: R6k Management Analyst This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy SCHEDULE PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 1988 SANTA ANA, CA 92702-1988 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal. (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number. CPLS1033HO Effective Date: 3/1I2021 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. Ride Mmlagemait Divielars �rI:�.s cRene & APPROVED BY. L� r�1GhG�-K �. YaGWFK Ruk Management Analyst 60484813 121-22 WC-GL-A -I I Stacy Eickha Ef 13/3/2021 4:14:19 PM IPST) I Page 5 of 12 A If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B, If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: Insured: S&A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance Services office, Inc., with its permission. �y A ¢, Risk MiewSowdDivislan gl, REwEwED&lA�PPRIO`VeED 81^ ®' Risk Manrgenent Analyst 60484813 1 21-22 WC-GL-AL-M I Stacy Eickhoff 13/3/2021 4:14:19 PM (PST) I Page 6 of 12 00 AMENDMENT OF CANCELLATION ENDORSEMENT THis ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL PROPERTY COVERAGE The following Cancellation Provision is added to this policy and supersedes anything to the contrary: This policy may be cancelled by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Schedule: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 927-02-1988 All other terms and conditions of the policy will remain the same. Endurance American Specialty Insurance Company Page I of 1 RLkMvegenentDkistm1 o Rtv)EWM6APPKMDSr. klb f40.cw.e I;, C<:4144 P Risk Management Analyst 60484813 1 21-22 WC-GL-AL-N I Stacy Eickhoff 1 3/3/2021 4:14:19 PM )PST) I Page 7 of 12 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 350.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 02/01/2021 Policy NO.: EAWC216154 Endorsement No.: Insured: Premium $ Insurance Company: Oak River Insurance Company Countersigned by xMfr4LwgmtMOnddan a R WC 99 04 10 C w� �APFRe Bv: (Ed. 01-19) ®' euk Management Malyn 60404813 1 21-22 WC-GL-A -M I Stacy Eickhoff 1 3/3/2021 4:14:19 PM (PST) I Page 8 of 12 ACVS1325z0 This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section II — COVERED AUTOS LIABILITY COVERAGE, the following changes are made: A. BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective dale of this coverage part is an insured. B. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured: e. Any person or organization, not otherwise identified as an "insured" in this coverage or by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "insured". However, such person or organization is an 'insured" only: (1) With respect to the operation, maintenance or use of a covered "auto"; and (2) For 'bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the written contract or written agreement; or (b) The permit has been issued to you. The insurance provided under item B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement or written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less. C. EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: SCA 01 002 0718 Includes copyrighted material of ( ) Insurance Semces Office, Inc, with its Permission. 60484813 121-22 WC-GL4 1iL I Stacy Eickhoff 1 3/3/2021 4.14:19 PM (PST) I Page 9 of 12 Risk Msiniganad hiom REAEwm & APPRovE aj `3 �vca.c:.r�t Q, (l.Uirnticl Risk Management Analyst ACVS1325z0 "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. However, we will cover "bodily injury" caused by your "employee" to his or her fellow "employee" if the "bodily injury' results from the use of a covered "auto". 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.a. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $5000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a. is deleted and replaced by the following and item d. is added: a. In the event of an "accident", claim, "suit" or -loss" you must give us or our authorized representative prompt notice of the "accident" or "loss" when the "accident-, claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer' or director if you are an organization other than a partnership, joint venture or limited liability company; (4) A member, if you are a limited liability company; (5) A trustee if you are a trust; or (6) An "employee" designated by you to give us such a notice. This notice should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address: and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or "loss", solely due to your reasonable and documented belief that the 'bodily injury' or "property damage" is not covered under this policy. Includes copyrighted material of SCA 01 002 (0718) Insurance Services Once. Inc. with its permission. RtekMwtagawntl idar 4 Wr/R��EVtwm6Mxtw®BY: ® Risk Management Malyst r 604B4813 1 21-22 WC-GL-AL-OL I Stacy Eickhoff 1 3/3/2021 4:14:19 PM IPST� I Page 10 of 12 ACVS1325z0 4. WAIVER OF SUBROGATION The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: If the insured has waived those rights prior to the "accident" or "loss', our rights are waived also. 5. UNINTENTIONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report the failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section III — PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE —GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. B. ADDITIONAL TRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following: We will pay up to $50 per day to a maximum of S1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto' of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following: For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicates that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto'. SCA 01 002 0718 Includes copyrighted material of WekMamgw dlltl ( ) Insurance Services Office. Inc. with its ''9Y� 4` REviEwm&Aavew®er. permission. ' F:.K �. U�lLcryucl �. - Risk Management Mzlys[ G0484813 21-22 WC-GL-AL-GL I Stacy Eickhoff 3/3/2021 4:14:19 PM (PST) 1 Page 11 of 12 However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $1500. D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000. This Coverage Extension does not apply if your business is selling, servicing or repairing "autos'. E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an "insured" and in or on the covered "auto" at the time of "loss". The most we will pay for such personal effects is $500 per "loss". No deductibles apply to this Personal Effects Coverage. F. AIRBAGS - ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does not apply to the accidental or unintended discharge of an airbag. The most we will pay for such "loss" is $1000. This coverage is excess over any other collectible insurance or warranty- G. VEHICLE WRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of.a total "loss" to a covered "auto" and in addition to the actual cash value of the covered "auto", we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto" at the time of "loss". The most we will pay under the Vehicle Wrap Coverage is S5000 for any one "loss", regardless of the number of covered "autos" deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto". 7. ADDITIONAL DEFINITIONS The following is added to Section V - DEFINITIONS: "Executive Officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. This cndumniml turn s purl of Ponce Nombcr: ACVS1325Z0 Effccthc Dste: 03-01-2021 Imurw: S F A MANAGEMENT, LLC Includes copyrighted material of SCA 01 002 (0718) Insurance Services Office. Inc. with ,e permission. 60909013 121-22 WC-GL-AL-GL I Stacy Eickhoff 13/3/2021 9:19:19 PM (PST) I Page 12 of 12 ?etut.urslr. Rhk MmugmxtttDlWfifon RE%AEwm& APPRtN® By: F a�:K i2. V:lLs�2 ® Risk Management Mays[ r'':_:i_II.. _:___J ACORD® CERTIFICATE OF LIABILITY I E v�y��u��y DATE(MM/DD/YYYY) by Angie 8/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO MGHTS UPO'/ T,/kCT(t1§ATE HOLDER. THIS CERTIFICATE OR EXTEND ORTR..ICLI�'lfF{A#��HOR THIS CEES RTIFICATE FIOCATEFOFNATIVELY BELOW INSURANCEDO SA NIOTLCONST TOTE A CONTZIED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDI Air NAL 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 Risk Strategies Company CONTACT NAME: Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 PHONEExt : 949-242-9240 FAX, No E-MAIL ADDRESS: syoung@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Som o America Insurance Company 11126 www.risk-strategies.com CA DOI License No. OF06675 INSURED East End Realty Partners LP c/o S&A Management, LLC INSURERB: Fireman's Fund Insurance Company 21873 INSURERC: Oak River Insurance Company 34630 INSURERD: 129 W. Wilson St. Ste 100 Costa Mesa CA 92627 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 6P17wRs 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 INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A �/ COMMERCIAL GENERAL LIABILITY / �/ CPLS1033HO 3/1/2022 3/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE 11/1 OCCUR DA PREM SESOEa occurrDence $ 1 ,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY JEC LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY MAR30016659700 3/1/2022 3/1/2023 Ee aBINEDtSINGLE LIMIT $ 1,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY B �/ UMBRELLALIAB �/ OCCUR USLO14040221 3/1/2022 3/1/2023 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICE R/M EMBER EXCLUDED? FY—] N/A EAWC318304 2/1/2022 2/1/2023 �/ SPER TATUTE OERH E.L. EACH ACCIDENT $ 1 ,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: 201, 220 & 305 E. 4th; 301-307 N. Spurgeon, 401 N. Bush St. Santa Ana CA 92701. City of Santa Ana is named as additional insureds and primary/non-contributory clause and a waiver of subrogation applies to the general liability policy -see attached endorsement. 30-day notice for non -renewal and cancellation, 10-day notice for non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division, 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Risk kluagment DlMsian RSC Insurance Brokerage ;% Eo REvlEwED&APPROVED BY.- © 1988-2015 ACORD °( e Azodo ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD — Risk Management specialist 69708685 122-23 GL-AL-UL-WC I Sherry Young 8/15/2022 9:31:42 AM (PDT) Page 1 of 12 c/o S&A Management, LLC POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG20261219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA Risk Management Division 4th Floor 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702-1988 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG20261219 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 Ride Muagment DlMsian zREVIEWED & APPROVED BY. e Aeevaa '�--'Risk Management Specialist 69708685 122-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 2 of 12 INZ!aY"I N.[1] This Endorsement Changes the Policy. Please Read It Carefully. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or expenses described in any of the provisions of this endorsement may be broadened, excluded or limited by another endorsement to this Coverage Part, and the coverage -broadening provisions herein may be broadened, or not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. 1. NON -OWNED WATERCRAFT Under Section I —Coverage A., paragraph 2, Exclusions, item (2) of the Aircraft, Auto or Watercraft exclusion is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge; The exception in (2) does not apply if the insured has any other insurance for "bodily injury" or "property damage" that would also apply to this extension of coverage or would apply except for the exhaustion of its limits whether the other insurance is primary, excess, contingent or on any other basis. 2. REASONABLE FORCE EXTENSION Under Section I — Coverage A, paragraph 2. Exclusions, the Expected or Intended Injury exclusion is deleted and replaced by the following:' This insurance does not apply to: Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 3. PROPERTY DAMAGE COVERAGE EXTENSIONS A. Under Section I - Coverage A, paragraph 2. Exclusions, the Damage To Property exclusion is replaced by the following: Damage To Property "Property Damage" to (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 3 of 12 Z!aadI N1.I, (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should reasonably have been known by you, at the time the property was transferred or abandoned; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a job site. Paragraphs (3), (4) and (6) of this exclusion do not apply to "property damage" caused by the use of an elevator at premises you own, rent or occupy. This insurance is excess over any valid and collectible insurance available to any insured whether primary, excess, contingent or any other basis. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". B. The following is added to the Damage to Your Product exclusion: This exclusion does not apply to "property damage" to "your product" while on, being moved onto or off of an elevator; or liability assumed under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess, contingent or on any other basis. C. Under Section I — Coverage A, the last paragraph after the exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke or leakage from fire protective systems or any combination thereof. D. Under Section III — Limits Of Insurance, item 6. is replaced by the following: 6. Subject to paragraph 5. above, the higher of: Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 4 of 12 Z!aadI N1.I, a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. E. Under Section IV— Commercial General Liability Conditions, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; F. Under the Definitions Section, paragraph a. of the Insured Contract definition is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 4. BROAD FORM PERSONAL AND ADVERTISING INJURY A. Under Section I —Coverage B - Personal And Advertising Injury Liability, the Contractual Liability exclusion is deleted. B. Under the Definitions Section, the following offense is added to the definition of "personal and advertising injury": h. Vicarious liability for discrimination based on a person's age, color, national origin, race, religion or sex (unless insurance thereof is prohibited by law), but only if such discrimination is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any "executive officer", director, stockholder, partner, spouse of a partner, member, spouse of a member, manager or trustee of the insured; and (2) Not related directly or indirectly to an "employee" or to the employment, prospective employment or termination of employment of any person by an insured. 5. MEDICAL PAYMENTS — INCREASED LIMITS A. Item 1. a. (3) (b) of Section I - Coverage C - Medical Payments is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Under Section III — Limits Of Insurance, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a. $15,000; or b. The amount shown in the Declarations for Medical Expense Limit; Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 5 of 12 Z!aadI N1.I, is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 6. SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under Supplementary Payments — Coverages A And B, paragraphs 1. b. and 1. d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 7. BROADENED INSURED STATUS Under Section II —Who Is An Insured, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally incorporated entity of which you own more than 50% of the voting stock is an insured. However, this insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization or "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Coverage for any such organization will cease as of the date during the policy period on which you no longer maintain more than 50% of the voting stock. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section II — Who Is An Insured beginning "No person or organization is an insured...." is replaced by the following: You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C. FELLOW EMPLOYEE COVERAGE The following is added to paragraph 2. a. (1): However, paragraphs (a) through (c) above do not apply to "bodily injury" caused by your "employees" or "volunteer workers" to: (1) A co — "employee"; or (2) A co- "volunteer worker"; in the course of the co- "employee's" employment by you or while performing duties related to the conduct of your business or the "volunteer workers" while performing duties related to the conduct of your business. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2. a.(1)(d): Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 6 of 12 %IaadI N1.I, However, this limitation does not apply to the rendering or failure to render the following professional healthcare services by any licensed physician, dentist, nurse or other medical practitioner that is your "employee" or "volunteer worker" while performing such services on your behalf and while acting within the scope of his or her license: i. Medical, paramedical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or ii. The furnishing or dispensing of drugs or medical or dental supplies; provided that, you are not in the business or occupation of providing any professional healthcare services. This extension of coverage does not apply to punitive or exemplary damages if coverage of such is permitted by statute or case law. The insurance provided by this extension of coverage is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period; F. MANAGERS OR LESSORS OF PREMISES The following is added as an additional insured: Managers or lessors of premises leased to you are insureds but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT The following is added as an additional insured: Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that the person or organization be added as an additional insured under the insurance as is afforded under this policy; 2. Only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. H. USERS OF WATERCRAFT The following is added as an additional insured: Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 7 of 12 Z!aadI N1.I, Any person, who with your consent, either uses or is responsible for the use of a watercraft to which this insurance applies is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. I. VENDORS The following is added as an additional insured: Any person or organization who is a vendor of "your products", but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. J. ADDITIONAL INSUREDS — CONTROLLING INTEREST The following is added as an additional insured: Any person or organization that has a controlling interest of you, but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added as an additional insured: Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 8 of 12 Z!aadI N1.I, Any person or organization that does not otherwise qualify as an insured under any other provision of this insurance is an insured to the extent that you are required by written contract, written agreement or written permit to name such person or organization as an insured, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of "your work" for the additional insured(s) at the location(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To "bodily injury", "property damage" or "personal and advertising injury" occurring after: (a) The termination date of any requirement to add additional insureds in any such contract, agreement or permit; or (b)The end of this policy period; whichever comes first; or (3) To the rendering or failure to render any professional service. L. The insurance afforded such additional insureds under items 7. F through 7. K: a. Applies only to the extent permitted by law; and b. If required by a written contract, written agreement or written permit, coverage provided the additional insured will not be broader than that which you are required by the written contract, written agreement or written permit to provide for such additional insured. M. With respect to the insurance afforded these additional insureds under 7. F through 7. K, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a written contract, written agreement or written permit, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract, agreement or permit; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 8. PRIMARY AND NON-CONTRIBUTORY — OTHER INSURANCE CONDITION Under Section IV — Commercial General Liability Conditions, the following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, provided that: Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 9 of 12 %IaadI N1.I, (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement or permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. KNOWLEDGE AND NOTICE OF OCCURRENCE Under Section IV — Commercial General Liability Conditions, paragraphs e. and f. are added to the Duties In The Event of Occurrence, Offense, Claim or Suit condition as follows: e. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "occurrence", offense or claim, solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this policy. f. You must give us prompt notice of an "occurrence", offense, claim or loss only when the "occurrence" offense, claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A member, if you are a limited liability company; (5) A trustee, if you are a trust; or (6) An "employee' designated by you to give us such a notice. 10. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under Section IV — Commercial General Liability Conditions, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is not intentional and you report such failure to us as soon as practicable after its discovery. However, we reserve the right to charge additional premium for any such hazard. 11. WAIVER OF SUBROGATION Under Section IV — Commercial General Liability Conditions, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 12. BODILY INJURY REDEFINED Under the Definitions Section, the definition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 13. MOBILE EQUIPMENT REDEFINED Under the Definitions Section, paragraph f. of the definition of "mobile equipment" is replaced by the following: f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Includes copyrighted material of E Risk Muagment DiMsian SGL 02 001 (0619) Insurance Services Office, Inc., with ;/ ReAewED&APPROVED BY. - its permission. e Aeevaa Hi5k Management Specialist 69708685 22-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 10 of 12 %IaadI N1.I, However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight, designed for use off public roads and not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium, the broader coverage will apply to this policy when the change becomes effective in your state. This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 0 3 - 0 1 - 2 0 2 1 Insured: S&A MANAGEMENT, LLC 0619 Includes copyrighted material of SGL 02 001 ( ) Insurance Services Office, Inc., with its permission. Ride Muagment Division REVIEWED & APPROVED BY: e Aeevulo '�--'Risk Management Specialist 69708685 122-23 GL-AL-UL-WC I Sherry Young 18/15/2022 9:31:42 AM (PDT) I Page 11 of 12 This Endorsement Changes the Poficy. Please Read It Carefully. Ilk This endorsement modifies all coverage parts included in: this policy. SCHEDULE Obk�dN OR ORGANIZATION CLERK OF THE CITY COUNCIL CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M-30) 11 P.P. BOX 1988 SANTA ANA, CA 927012-1988 ADDRESS 201m,mmm220mm & 30 5 E 4 T H; 301 30 7 N S P URGEO N , SAN TA ANA, CA 92701 NUMBER OF DAYS NOTICE CANCELLATION FOR NONPAYMENT' OF PREMIUM ONLY: (if box is left blank, notice will not be sent. NUMBER OF DAYS NOTICE OF 30 CANCELLATION FOR ALL REASONS OTHER THAN NONPAYMENT OF PREMIUM: (If box is left blank, niotice will not be sent.) If we cancel this policy for any statutorily permitted reason:, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice of cancellation for nonpayment of premium andl for all other statutory reasons other than, nonpayment of premium at least the number of days shown in the Schedule above as applicable. However, failure to send such notice or send it within: the specified time period will not rescind the cancellation. This endorsement fornis a part of policy Number: CPI,S] 033HO Insured: S&A MANAGEMENT, LLC East End Realty Partners LIP Includes copyrighted material of Insurance Services Office, Inc., with its permission. SIL 02 022 (0119) EffectiveDate: 03-01-2022 69708685 1 22-23 GL-AL-UL-WC I Sherry Young 1 8/15/2022 9:31:42 AM (PDT) I Page 12 of 12 RA k1luagment DiMsion oy REVIEWED & APPROVED BY.- A4+e Aeevulo Risk Management Specialist V