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HomeMy WebLinkAboutSHELTER PROVIDERS OF ORANGE COUNTY, INC. DBA HOMEAID ORANGE COUNTY, INC. • I Recorded in Official Records, Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk-Recorder AND MAIL TO: WHEN RECORDED, I II I fillIIII IIII I1 II IIIII III11H Il III III NO FEE$ III1117I $ * City of Santa Ana 2022000020120 11:44 am 01114122 7 007A Al2 16 20 Civic Center Plaza 0.00 0.00 0.00 0.00 45.00 0.00 0.000.000.00 0.00 Santa Ana, CA 92702 Attn: City Clerk APN: 398-303-04,398-303-05, SPACE ABOVE THIS LINE FOR RECORDER'S USE G l2) 398-3031Q .9R. Q3—(17, �{EMPT FROM RECORDING FEES PURSUANT TO GOV.CODE§-6�03 / 0: P CClaud-colSraw�CA- INSURANCE ON ALE Return FULLY EXECUTED WORK MAY PROCEED copy to COTC, M 30 A-2021-236 UNTIL INSURANCE EXPIRES 11 • E- 22 - 11 CLERK OF COUNCIL DATE: DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT w between THE CITY OF SANTA ANA a charter city and municipal corporation of the State of California and Shelter Providers of Orange County,Inc., a California nonprofit corporation doing business as HomeAid of Orange County [Dated as of December 7, 2021] 1525165.2 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 1. PARTIES AND EFFECTIVE DATE. This Development Impact Fee Deferral Agreement("Agreement") is entered into on this 7th day of December, 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California("City"), and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County("Owner"). City and Owner are sometimes individually referred to herein as "Party" and collectively as"Parties." 2. RECITALS. 2.1 Owner is the owner of a leasehold interest in that certain real property in the City of Santa Ana, California, which is owned by the Housing Authority of the City of Santa Ana, a public body, corporate and politic, and more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference and as evidenced by that certain Memoranda of Lease between pl I P1 ,which was recorded in the Official Records of Orange County, California on N as Document No. .)lit("Property"). Owner is the developer of the affordable rental residential community consisting of seventeen (17) units with sixteen(16) units of permanent supportive housing for chronically homeless individuals, 1,120 square feet of group space, and a 389 square foot community room at 801, 807, 809 and 809 'A East Santa Ana Boulevard, Santa Ana. Owner has received City approval and is in the process of obtaining the building permits; 2.2 Prior to issuance of any building permits, the City currently requires the payment of various development impact fees for all residential projects to help address the impacts of new development; 2.3 On all; Owner submitted a written request formally requesting the deferral of specific development impact fees for the Property pursuant to California Government Code section 66007; and, 2.4 City and Owner desire to execute this Agreement to defer certain development impact fees applicable to the Property and place a lien on the Property to secure payment of these fees,pursuant to the terms and conditions set forth herein. 3. TERMS. 3.1 Deferral of Development Impact Fees. 3.1.1 Deferral of Development Impact Fees. City and Owner agree that the development impact fees ("Subject Fee(s)") and amount as shown on Exhibit"B," for the Property ordinarily due before issuance of a building permit for any new affordable residential units on the Property (including manager's units) will be deferred until immediately prior to the final inspection or issuance of a certificate of occupancy for any new residential units on the Property, whichever occurs first("Deferral Period"). City and Owner acknowledge and agree that the City Council may, in its sole and absolute discretion and during a regular, regular 1525165.2 that the City Council may, in its sole and absolute discretion and during a regular, regular adjourned, or special meeting of the City Council, extend the deadline for payment of the Subject Fees without obtaining the approval of Owner or an amendment or modification of this Agreement. Any extension granted by the City Council pursuant to this Section 3.1.1 shall automatically be deemed to be part of the Deferral Period for purposes of this Agreement. 3.1.2 Payment of Subject Fees. Owner, or its successor in interest to the Property or any portion thereof, shall be liable for the payment of the Subject Fees pursuant to this Agreement. The Subject Fees for a residential building constructed on the Property shall be due and payable at the termination of the Deferral Period.No certificate of occupancy shall be issued for the building, any portion, or any residential units thereof on the Property unless and until all Subject Fees ordinarily required to have been paid absent this Agreement have been paid in full. 3.1.3 Subject Fee Amount. Except as may otherwise be provided for by a statutory development agreement for the Property, as approved by the City,the amount of the Subject Fee for each residential unit to be developed on the Property shall be determined according to the rate of the Subject Fee adopted by the City and in effect on the date when the building permit for the residential building is issued by the City. Upon issuance of each building permit, the City shall complete and attach the form set forth in Exhibit"B"to this Agreement to reflect the amount of the Subject Fee applicable at the time of issuance of that building permit and attach a copy of the building permit, which shall collectively thereafter be incorporated as part of this Agreement. 3.1.4 Obligation for Payment of Subject Fee. Owner hereby acknowledges and agrees that Owner's obligation to pay the Subject Fees shall continue and remain an obligation of Owner, or any successors in interest of Owner, including,without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any Subject Fees that remain unpaid following the time that they are required to be paid may be collected by the City as a personal obligation of the Owner, or any successor of Owner, as a special assessment against the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. 3.2 Covenant of Owner. Owner covenants that he, she or it is eligible to enter into this Agreement and has fulfilled the requirements for approval of deferral of the Subject Fees. Should Owner and/or the Property be deemed at any time prior or subsequent to execution of this Agreement to be ineligible for a deferral of Subject Fees regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of Subject Fees, City may terminate this Agreement and require all Subject Fees ordinarily required to have been paid absent this Agreement to be immediately paid in full. 3.3 Recordation of Agreement.Upon the execution of this Agreement,the City shall cause this Agreement to be recorded in the Official Records of the County of Orange, California. All costs assessed by the County of Orange for recordation of this Agreement shall be paid by the Owner. 1525165.2 3.4 Lien against Property. From and after its execution,this Agreement shall contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall constitute a lien against the Property in an amount equal to the total Subject Fees,pursuant to Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject Fees for the Property, City shall, at the request of the Owner, execute and record in the Official Records of the County of Orange, California, a release of the lien from the Property in substantially the form of Exhibit"C" which is attached hereto and incorporated herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien to Owner. 3.5 Covenants Run With Land.Notwithstanding Section 3.6, each and all of the promises, covenants and conditions of this Agreement and all liens against the Property subject to this Agreement shall, as provided in Government Code section 66007, run with the Property and shall be binding upon a party upon having or acquiring any right,title or interest in or to the Property or any portion thereof. 3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify City in writing within three (3) business days of the sale or transfer of all or any portion of the Property by Owner. 3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this contractual obligation. 3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or a granting of any right or entitlement(vested or otherwise) by City concerning any development on the Property, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements,permits, licenses or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner. This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non-discretionary approvals as may be necessary for the development,maintenance or operation of the development on the Property or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City's or any of its related agencies' power of eminent domain or its police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare. 3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this Agreement, or pursuant to any applicable laws,rules or regulations, may be pursued singly, successively, together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time. 1525165.2 3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from and against all claims, demands, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral provided by the City to Owner, this Agreement, or both, including without limitation, all costs of collection, including actual attorneys' and expert witness fees. 3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of the City, which may be given, withheld or conditioned in the City's sole and absolute discretion. Any attempt to assign this Agreement without the City's prior written consent shall be null and avoid. This Agreement shall be binding on any and all permitted successors and assigns of Owner. 3.12 Governing Laws. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Courts of the State of California in the County of Orange, California, shall have exclusive jurisdiction of any litigation between the City and Owner arising out of this Agreement. Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City is a party to this Agreement, due to any diversity of citizenship between the City and Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, Owner expressly waives, to the maximum legal extent,the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect. 3.13 Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt.Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows: To City: City of Santa Ana Community Development Agency 20 Civic Center Plaza(M-26) P.O.Box 1988 Santa Ana, CA 92702-1988 Attention: Housing. Manager With copy to: Office of City Attorney City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 To Owner: Shelter Providers of Orange County, Inc. 1130 North Citrus Street Orange, CA 92867 1525165.2 Attention: Executive Director 3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or proceeding against the other, and if such action or proceeding is related to the interpretation or enforcement of this Agreement or in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled, its actual litigation costs and attorneys' and expert witness fees. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during, the defense of any appeal taken from such underlying judgment or other judicial order. 3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner as to the deferral of impact fees and supersedes all previous agreements, oral or written, on the subject matter of this Agreement. 3.16 Modification. This Agreement may be amended or modified only by an agreement in writing signed by each of the patties hereto. 3.17 Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision. 3.18 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist. 3.19 Time is of the Essence. Time is of the essence in this Agreement. 3.20 No Third Party Beneficiaries. This Agreement and the performance of the City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the City's or Owner's performance or nonperformance of their respective obligations under this Agreement. 3.21 Counterparts. This Agreement may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all parties. [Signatures on Following Page] 1525165.2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ j KRISTINE RID E Clerk of the Council City Manager APPROVED AS TO FORM: SHELTER PROVIDERS OF ORANGE COUNTY,INC., a California nonprofit SONIA R AR LHO torpor on City A of e By: ` By: Rya . Hod e 6� 7' SCt'# Assis Jtftorney '�/ff [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1525165.2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On Friday, Dec. 10th 2021 before me, Nita L. Charlton-Gomes (insert name and title of the officer) personally appeared Gina R. Scott ************************************** who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. u4g NITA L,CHARLTON-COMES NateOrange range cCou.Catlfornla A�' nty Commission a 2M32g Signature (Seal) My Comm,Exahes Peo 27,207x ' ! ' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 22, 2021 before me, Claudia M. Fernandez-Shaw, Notary Public (insert name and title of the officer) personally appeared Kristine Ridge who proved to me on the basis of satisfactory evidence to be the person .)whose namec4iif re subscribed to the within instrument and acknowledged to me that-he- -,y executed the same in k-li&4j the rauthorized capacity( es-), and that by, ar-tl)eir signatureWon the instrument the person, or the entity upon behalf of which the person('acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. j :,. CUOIAM.FERNANDEZ.SHAV WITNESS my hand and official seal. = Notary Public-California • z Y Orange County Commission x 2228084 Lirwiripemis" My Comm.Expires Jan 25.2022 Sig (Seal) RECOMMENDED FOR APPROVAL: PROPERTY OWNER: HOUSING AUTHORITY OF THE CITY OF SANTA ANA r1,--1 1 By:STEVEN A. MENDOZA Executive Director- CDA 1525165.2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On December 15, 2021 before me, Claudia M. Fernandez-Shaw, Notary Public (insert name and title of the officer) personally appeared Steven A. Mendoza who proved to me on the basis of satisfactory evidence to be the person )whose name arsr subscribed to the within instrument and acknowled ed to me thatey executed t'he same in heF1tlheir authorized capacity(-ies-), and that by Heir signatures on the instrument the person( f,, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA M.FERNANDEZ-SHAW Notary Public—California y• Orance County WITNESS my hand and official al. Commission#2228084 My COM EOMJAM 25.2022 Sign t (Seal) Jl EXHIBIT "A" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Legal Description of Property Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 398-303-04) THE SOUTHWESTERLY 50.00 FEET OF LOTS 13, 14, 15 AND 16 I N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 398-303-05) THE NORTHEASTERLY 50.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF LOTS 13, 14, 15 AND 16 I N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: (APN: 398-303-06) THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL I N BLOCK 66 OF "SANTA ANA EAST", CI TY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALI FORNI A, AS PER MAP THEREOF RECORDED I N BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. PARCEL 4: (APN: 398-303-07) THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 16 I N BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. 15251652 EXHIBIT "B" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Subject Fees for Building Permit No. The following development impact fees imposed upon the Property or portion thereof by the city of Santa Ana upon issuance of City of Santa Ana Building Permit No. shall be deferred pursuant to the terms and conditions of this Agreement: (1) TSIA (Combined Non-Residential and Residential-Multifamily) in the amount of $51,000. (2) Fire Facilities in the amount of$81,600. (3) Park Acquisitions and Development in the amount of$377,400. Calculations of the final fee amounts to be determined at the time of issuance of certificate of occupancy. 1525165.2 Exhibit "C" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Form Release of Lien [Attached behind this cover page] 1525165.2 • RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Cleric APN: 398-303-04,398-303-05, SPACE ABOVE THIS LINE FOR RECORDER'S USE 398-303-06,398-303-07 EXEMPT FROM RECORDING FEES PURSUANT TO GOV.CODE§ 6103 RELEASE OF LIEN FOR PAYMENT OF DEVELOPMENT IMPACT FEES The City of Santa Ana, a charter city and municipal corporation of the State of California, does hereby release that leasehold interest in certain real property, as further described in Exhibit 1 attached to this Release, from the lien for payment of certain development impact fees as created by the Development Impact Fee Deferral Agreement entered into on , by and between the City of Santa Ana and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County, which was recorded on , as Document Serial No. in the Official Records of the County of Orange, California("Agreement"). This release pertains only to the property described above and does not extend to any other property(ies). This release of lien is executed and recorded pursuant to the provisions of California Government Code section 66007. Dated: CITY OF SANTA ANA By: City Manager Attest: City Cleric 15251652 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1525165.2 Digitally signed A� 6UI UINpu "y^'4%HULTENB G ACORO' CERTIFICATE OF LIABILITY INSURA ACe ed(2TE(MM/DD/Y11 � ��eved o Dat : Zo�Ihr2�laa2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T'.1n CERIWAIVRO �Q2. 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 endorsements . PRODUCER License # OC88587 CDS Insurance Services 2001 E. Financial Way, Suite 200 Glendora, CA 91741 coMEACT Certificate Department AIC,"N , E.t : 626 610-9500 FAX ( ) (AIC, No):(626) 610-9299 E'moAIL . certificates@cdsinsurance.com INSURERS AFFORDING COVERAGE NAIC e INSURER A: Travelers Ind Co of CT 25682 INSURED INSURER a: Travelers Prop Cas Co of America 25674 Shelter Providers of Orange County DBA: HomeAid Orange County INSURER C :State Compensation Ins. Fund 35076 17821 17th Street, Suite 120 INSURER D INSURER E : Tustin, CA 92780 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE ADDLSUBR INSD MDPOLICY NUMBER POLICY EFF POLICY EXPLTR MMIDDIYYM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR P-660-506D7877-TCT-21 121112021 121112022 EACH OCCURRENCE $ 1,000,000 PREMISES DAMAGESOam,cmm 300,000 GEN'L MED EXP An one rsan 5,000 PERSONAL B ADV INJURY Excluded AGGREGATE LIMIT APPLIES PER POLICY PRO- LOG OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OPAGG 2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTO$ ONLY X FUTNOS ONLY BA-1L302926-21-43-G 12/1/2021 121112022 COMBINED SINGLE LIMIT Ea cddm 11000,000 BODILY INJURv Per ersan BODILY INJURY Per accident BODILY Pe�acc,7 AMAGE B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EX-8J573284-21-43 121112021 121112022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEO i X I RETENTIONS 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORPARTNEREXECUTIVE �QppFICER/MEMBER EXCLUDED? Y (raantlatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 9147184-21 1111/2021 111112022 X PER OTH- E E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYE 1,000,000 E.L.DISEASE - POLICY LIMB 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana, its officers, employees, agents, volunteers & representatives are named as Additional Insured on the General Liability with respects to the operations of the named insured per the attached endorsement form CG D411 04 08. Insurance is primary and non-contributory per attached policy form CG T1 00 02 19. City of Santa Ana Risk Management Division 20 Civic Center Plaza, Aft Floor Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPClk RESENTATIVE I.Q-L�_ ACORD 25 (2016103) ©1988.2015 ACORD The ACORD name and logo are registered marks of ACORD Risk Management REVIEWED 6 APPROVED BY: �'. ® Risk Management Spedalist COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-660-506D7877-TCT-21 ISSUE DATE: 12/1/2Q21 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 Parson(s) or Organizatlon(s): 'ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS POLICY BY A WRITTEN CONTRACT OR WRITTEN AGREEMENT IN EFFECT DURING THIS POLICY PERIOD AND SIGNED AND EXECUTED BY YOU PRIOR TO THE LOSS FOR WHICH COVERAGE IS SOUGHT." Section It — 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", "personal injury" or "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 ongoing operations; or B. In connection with your premises owned by or rented to you. CG D4 1104 06 02008 The Travelers Companies, Inc. Includes the copyrighted material of Insurance services Office, Inc, with Its permission. Peas, 1 of 1 10 Risk Mniagemod Di ision REVIEWED&APPRD BY: ®' Risk Management Specialist C Policy No. P-660-506D7877-TCT-21 COMMERCIAL GENERAL LIABILITY c. Method OF Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with Its permission a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered nn is ohiccmon4 RI"Ie Maagement Divialm REVIEWED&APPROVEDBY. A-g-1, Arad ® Risk Management Specialist