HomeMy WebLinkAboutGRAIN PROJECT 1 -2005
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N-2005-041
RIGHT OF ENTRY AND LICENSE AGREEMENT
D. GAD
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TIDS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made
and entered into as of~ day of April, 2005 by and between THE CITY OF SANTA ANA, a
charter city duly organized under the Constitution and laws of the State of California (hereinafter
referred to as the "City"), and THE GRAIN PROJECT, INC" a California nonprofit public
benefit corporation (herein referred to as "Grain Projecf'), with respect to the following:
RECITALS
A. The City is the owner of that certain real property located on the northeast corner
of Third and Bush Streets in the City of Santa Ana, California described as follows:
SEE EXHIBIT A, ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 301 North Bush Street, Santa Ana, California
and referred to hereinafter as the "Property")
B. The Grain Project is a California nonprofit, public benefit corporation organized
to promote unified, healthy, sustainable communities by establishing farmers' markets,
community gardens, and public art projects.
C. The Grain Project desires to enter onto the Property owned by the City in order to
operate a weekly Farmers' Market each Wednesday afternoon and evening.
D. The City wishes to accommodate Grain Project's desire to utilize the Property on
a non-exclusive basis by granting a right of entry and license to Grain Project upon certain terms
and conditions.
NOW, THEREFORE, for good and valuable consideration, Grain Project and City do
hereby agree as follows:
1. Right of Entry and License. Provided that all ofthe terms and conditions ofthis
Agreement are fully satisfied, the City hereby grants to Grain Project and its employees, agents
and contractors the nonexclusive, nonassignable, personal right and license to enter upon the
Property each Wednesdays from 1 :00 p.m. to 8:00 p.m. to operate a Certified Farmers' Market
(as that term is defined under State law). This Agreement shall automatically terminate and
expire sixty (60) days after written notice of expiration is provided by City Manager, which shall
be given at the City Manager's sole and absolute discretion, or one (I) year from the date of the
initial Farmers' Market, whichever occurs first. It is expressly understood that this Agreement
does not in any way whatsoever grant or convey any rights of possession, easement, equitable
servitude or other cognizable property interest in the Property.
2. Agreement. By execution of this Agreement, Grain Project agrees for itself and
on the behalf of its employees, agents, consultants and contractors as follows:
(a) That Grain Project will not permit any dangerous condition or waste to be
created on the Property. Grain Project shall, at the conclusion of each Farmers' Market, return
the Property to the same condition as it was at I :00 p.m. of that same day.
(b) All acts and things done by Grain Project on the Property will be done in a
careful and reasonable manner, in accordance with all federal, state, county and local laws and
regulations, including provisions of the California Code of Regulations.
(c) Grain Project shall comply with the Rules and Regulations approved by
the County Health Department, which are attached hereto as Exhibit C and by this reference
made a part hereof. Except as provided by State law, the Rules and Regulations may not be
amended without the prior written approval of the City Manager or designee.
(d) Grain Project shall enter the Property entirely at its own cost, risk and
expense.
(e) Grain Project shall not undertake any temporary special event on the
Property, not permitted by this Agreement, unless such event is first approved in writing by the
City Manager or designee. Grain Project understands that the approval of a request to undertake
a temporary special event may include additional conditions imposed by the City.
(f) Prior to undertaking performance of work under this Agreement, Grain
Project shall obtain and maintain insurance as described below:
i. Commercial General Liability Insurance. Grain Project shall
maintain commercial general liability insurance naming the City of Santa Ana and its officers,
employees, agents, volunteers and representatives as additional insured(s) and shall include, but
not be limited to, protection against claims arising from bodily and personal injury, including
death resulting therefrom and damage to property, resl,llting from any act or occurrence arising
out of Grain Project's operations in the performance ofthis Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of$I,OOO,OOO.OO per occurrence. Grain
Project shall supply City with a fully executed additional insured endorsement in substantially
the form attached hereto as Exhibit B upon execution of this Agreement, which shall be
approved in form by the City Attorney.
ii. The following requirements apply to the insurance to be provided
by Grain Project pursuant to this section:
2
. Grain Project shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
111. If Grain Project fails or refuses to produce or maintain the
insurance required by this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have the right, at its
election, to forthwith terminate this Agreement.
(g) Grain Project shall not permit any mechanics', materialmen's or other
liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection
with this Agreement. Grain Project shall indemnify, defend and hold harmless City from all
liability for any and all liens, claims and demands, together with costs of defense and reasonable
attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at
any time and from time to time, to post and maintain on the Property, or any portion thereof, or
on the improvements on the Property, any notices of non-responsibility or other notice as may be
desirable to protect City against liability. In addition to, and not as a limitation of City's other
rights and remedies under this Agreement, should Grain Project fail, within ten (10) days of
written request from City, either to discharge any Lien or to bond for any Lien, or to defend,
indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim
arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge
such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees
incurred in doing so shall be paid to City, as applicable, by Grain Project upon written demand.
(h) Grain Project shall not have any interest in the Property or be entitled to
any reimbursement or repayment for any work performed upon the Property pursuant to this
Agreement.
(i) Grain Project shall take all necessary precautions to prevent the import
and/or release into the environment of any hazardous materials which are imported to, in, on or
under the Property during this right of entry. Ifhazardous materials are imported onto the
Property, Grain Project shall be solely responsible for removing such imported hazardous
materials in conformance with all governmental requirements. Grain Project shall report to the
City, as soon as possible after each incident, any unusual or potentially important incidents with
respect to the environmental condition of the Property.
G) At the request of the City Manager or designee, Grain Project shall meet
and confer with the City to review issues or matters related to its use of the Property; provided,
however, that the City shall have no obligation to request or hold a meeting prior to exercising
the rights retained by the City under this License.
3. Indemnity. Grain Project hereby agrees to defend, indemnify and hold the City
and its officers, officials, members, employees, agents and representatives, harmless from and
3
against any and all loss, damage, injury, liability, claim, cost or expense (including, without
limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from
or attributable to the activities of Grain Project or any of its employees, agents, consultants or
contractors upon the Property pursuant to this Agreement. All use of and entry upon the
Property shall be at the sole cost, risk and expense of Grain Project. Grain Project recognizes and
understands that should this Agreement be deemed by the County of Orange to create a possessory
interest subject to property taxation, that Grain Project shall be subject to the payment of property
taxes levied on such interest, and that it shall defend, indemnifY and hold the City of Santa Ana
and its officers, officials, members, employees, agents and representatives, harmless from and
against any and all such claims.
4. License Payment. Grain Project shall pay to City a license fee of $ 1.00, receipt
of which is hereby acknowledged.
5. Miscellaneous.
(a) Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws ofthe State of California.
(b) Remedies. Either party shall, in addition to all other rights provided
herein or as may be provided by law, be entitled to the remedies of specific performance and
injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary
in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
them shall be exclusive of any other, and each party shall have the right to pursue anyone or all
of such rights and remedies or any other remedy which may be provided by law, whether or not
stated in this Agreement, except to the extent expressly provided to the contrary in this
Agreement.
(c) Connterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
(d) Non-Liability ofPnblic Officials. No officer, employee, member, agent
or representative of the City shall be personally liable to Grain Project, or any successor in
interest, in the event of any default or breach by the City, or for any amount which may become
due to Grain Project or its successor, or for any breach of any obligation of the terms of this
Agreement.
(e)
set forth above.n
Effective Date. This Agreement shall become effective on the date first
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as ofthe
date first set forth above.
GRAIN PROJECT, INC., a California
Nonprofit Public Benefit Corporation
By:
BY~~~
Its: .f:x lV'b 1
CITY OF SANTA ANA, a Charter City
{1da
David N. Ream,
City Manager
ATrEST:
f O. 'L~-~'
bv1'atricia E. Healy,
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher,
City Attorney
/.(
By:
5
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
TOWN OF SANTA ANA, BLOCK 9, ALL OF LOTS 1 TO 4 INCLUSIVE, AND A PORTION
OF LOTS 5 AND 6, ALSO KNOWN AS ORANGE COUNTY ASSESSOR'S PARCEL
NUMBER 398-503-11.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as IS atlorded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf ofthe named insureds, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
EXHIBIT C
Rules and Regulations
Approved by County Health Officer
. SANTA ANA.
. CERTIFIED FARMERS' MARKET.
RULES & REGULATIONS
. . .
-,-'~
RAIN OR SHINE, YEAR-ROUND
(EXCEPT FOR MAJOR HOLIDAYS)
Wednesdays, 3-7pm
Downtown, on the corner of 3rJ & Bush St.
at the Fiesta Marketplace parking lot
. . .
office:
The Grain Project
1912 N. Broadway. Ste. 104
Santa Ana, CA 92706
mai~inq address:
The Grain Project
P.O.Box 572
Santa Ana, CA 92702
(714)542.9392 p (714) 836.6796 f
www.GrainProject.org
Santa Ana Certified Fanners' Market Rules
4/18/05
I. PURPOSE
The Santa Ana certified Fanners' Market ("the Marker) is established primarily for the benefit of producers, consumers,
and the community. It provides:
. Producers with a direct outlet where they can sell the fruits, vegetables, eggs, honey, prepared food, fiowers,
etc. that thev themselves produce.
. Consumers with an opportunity to buy high quality products at reasonable prices directly from producers, and
. The community with a festive gathering place for improved access to agricultural and nutrition education,
heightened cultural awareness and knowledge of community resources.
II. TYPE OF MARKET
The Market is a Certified Fanners' Market, certified by the Orange County Agricultural Commissioner as a direct
marketing outlet for California Certified Producers. It is operated in accordance w~h regulations established in the
California Code of Regulations (fonnerly California Administrative Code) (Title 3, Division 3, Chapter 1, Subchapter 4,
Article 6.5, !i 1392) pertaining to Direct Marketing. All participating producers are expected to be familiar with the
provisions of the Direct Marketing Regulations as revised effective July 26,1991.
III. GOVERNANCE
The Santa Ana Certified Farmers' Market is managed, operated and controlled by The Grain Project, a nonprofit
organization in the process of receiving our 501 (c)(3) tax exemption status.
The Market Manager(s), designated by The Grain Project Board of Directors, are responsible for making, implementing,
and enforCing all policy decsions in a fair and equitable manner.
The Market Manager(s) may, at any time, amend, delete, or modify the follOwing Market rules and policies. Whenever
possible, sellers will be given a two (2) weeks' advance notice by mail.
Any approved seller or applicant aggrieved by the action of the Market Manger(s) or other designated agent can appeal
to The Grain Project Board of Directors whose decision is final (see section on Due Process).
IV. ADMISSIBLE PRODUCERS & PRODUCTS
Producers and products fall in the following categories:
1. AGRICULTURAL PRODUCERS (Fanners, Fishennan)-
a. Certifiable aericultural products - These are fresh fru~s and vegetables, nuts in a shell, honey, eggs, nursery
stack, and cut flowers, which have been produced or grown on property controlled by the producer. Product
certification is made by the county Agricultural Commissioner in the county of production. Certifiable agricultural
prodUcts can only be soid at the Market by the producer who produced them, the producer's employees, or the
producer'S immediate family.
Second Certificates will be pennilted only if their product is not available from a participating producer, or if their
product is not attainable in any way other than via a Second Certificate. They must fill out a separate Vendor
Application Fonn and must be approved by the Market Manager before they are allowed in the Market. Growers
with more than one Second Certificate under their Certification may not sell at the Market. Second Certificates
do not accrue seniority. They will be given notice of one year's selling season if their product is no longer
needed at the Market.
b. Non-Certifiable Aericultural Products - These include dried fruits and vegetables, processed nuts, juices, jams,
pickled or smoked agricultural products, animal related products that have been dried, ground, roasted, smoked
Santa Ana Certified Farmers' Market Rules
4/18/05
2
or cured, aquaculture, viticulture, and vermiculture. These products may be dried, ground, roasted, juiced,
smoked or otherwise altered in a one-stage process by a second party. Products in this category must have
been grown, bred, raised, cultivated, or collected upon land, which the producer controls.
These include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products,
aquaculture, viticulture, vermiculture and animal products. These products may be dried, ground, roasted, juiced,
smoked or otherwise altered in a one-stage process by a second party. Products in this category must have been
grown, bred, raised, cultivated, or collected upon land, which the producer controls.
2. PREPARED FOOD PRODUCERS (Non-Agricultural Products) - may sell products, which they have cooked,
canned, preserved, or otherwise treated. Canned foods are permitted if processed in an approved facility. These
products may not compete with products made by farmers with their own products.
3. COMMERCIAL SELLERS (Non-Agricultural Products) -may sell coffee or fresh juice which they prepare in a
licensed kitchen andlor at their Marl<et space.
4. NON-PROFIT CORPORATIONS & COMMUNITY INFORMATION GROUPS - may distribute literature promoting
their organization and solicit signatures, volunteers, and donations. This type of booth is on a space-available basis.
Interested parties must apply under this category and will be subject to Marl<et Manager approval. Because these
types of groups are providing services to the community, stall fees will be waived.
5. YOUTH-oRIENTED VENDORS (Non-Agricultural Products) - are face painters who may sell their services to
interested young people. Youth-oriented vendors must apply under this category and will be allowed to conduct
their service only upon Marl<et Manager approval.
6. PERFORMING ARTISTS - are acoustic musicians who may play music at a designated space within the Marl<et.
They may sell merchandise and other products showcasing their talents which they are demonstrating that day in
the marl<et as well as display literature. Performing Artists must apply under this category and will be allowed to
play only upon Market Manager approval. Because Performing Artists are enhancing the festive atmosphere of the
Marl<et, stall fees will be waived. Amplified musicians are only allowed during special events with Market Manager
approval and must obtain a City permit (see Market Manager for details).
Addrtional Admissibilrtv Rules:
1. PARTNERSHIPS of no more than three individuals are allowed. All members of a partnership must sell at least
once every six weeks. Partnerships between sellers must satisfy the following criteria:
a. Partners should not be sellers who have been denied entry to the Market for any reason such as Market
violations or excess crop.
b. Partners shall not be sellers who are using the Marl<et to sell product culls.
c. Partnerships shall not be formed or re-formed on a frequent basis to artifICially prolong a grower's selling
season.
2. COLLECllVElCO-op - Products sold by a collective or co-op must be sold by a member of such, not an employee.
3. EMPLOYEES -If employees regularly sell, the producer must sell at least once every six weeks. Records showing
proof of empioyment (e.g. W-2 form, pay stubs) must be submitted to the Market Manager upon request.
Employees selling at the Mar1<et must speak English and be knowledgeabie about the producer's operation and the
products sold (how and when it 15 produced, its taste and uses, etc.).
V. PRODUCER & PRODUCT ADMISSION
1. APPLICATION - Every prospective seller and participant must complete an application to sell or participate in the
Markel. Applications must be submitted annually. All items intended for saie shall be listed on the application and
only those items approved for sale will be allowed to be sold. The application must be submitted to and approved by
the Marl<et Manager prior to the seller being able to sell at the Market.
The completed application packet shall include:
a. The signed Market rules
Santa Ana Certified Farmers' Market Rules
4/16105
3
b. The completed application
c. Copies of ail appropriate certificate and permits
d. Product sampies if requested by MarKet Manager in order to evaluate quality
2. ADMISSION - Producers and products admission to the MarKet wiil be at the discretion of the MarKet Manager. In
herlhis decision, the MarKet Manager wiil take into account
a. Producer's positive and negative history of the compliance with state, local government, and MarKet Rules and
Regulations.
b. Producer's history of MarKet participation. When practical, significant weight, priority, and preference should
be given to producers returning from previous seasons.
c. Length of stay: Growers of short-season specialty crops receive higher priority than maximum growers of
year-round crops. Short-season crops change frequently and allow a maximum number of farmers access to
selling space.
d. The MarKet commodity mix and consumer demand as determined by the MarKet Manager.
e. The competitive availability and number of seiler's producer's product present within the MarKet. If practical,
monopolies and surteits (gluts) should be avoided.
f. The prices, quality, and freshness ofthe products offered by the seiler.
g. The number of unreserved spaces and other limitations of the Marl<et.
Only Producers who have produced all requested documenls and have been approved by tile Market may
sell at the Market. They are referred to as "approved Sellers."
All producls must be individually approved by the Market Manager to be allowed for sale at the Market.
3. CHANGE OF OWNERSHIP - Change of business ownership requires submission of a new application to the
MarKet Manager, which wiil be processed as a new admission. The transfer or change of ownership does not grant
of guarantee the new owner the same admission or current stall space assignment as the previous owner.
VI. FEES & LOAD LIST
1. FEES - Stail fees are as foilows:
. AoricuUural Producers: 7% of gross sales for that MarKet day in cash or check.
. Non-Aoricultural Producers: 10% of gross sales for that MarKet day in cash or check.
. Non-Food vendors (Youth-oriented vendors only): $20 per stall or 10%, whichever is more, cash or check.
Stail fees are collected by the MarKet Manager at the end of each MarKet day.
Additionaily. stail fees may be waived if weather prevents sales activities from taking place. However, the MarKet is
open on rainy days and stail fees wiil be coilected if more than one half of the MarKet hours are spent selling.
2. LOAD LIST I NON-FOOD VENDOR SALES SLIP - Seilers in all categories are responsible for completely fiiling out
the load lists and paying the fee at the end of the MarKet day. All load list commodities sold, commodity unit price,
and gross income per commodity. Market Management will monitor sales reporting as necessary to check for
accuracy. Each MarKet participant is expected to cooperate with sales monitoring activity by MarKet Management.
VII. RESERVATIONS & CANCELLATIONS
1. RESERVATIONS - Advance stail space reservation is required and must be made by the producer directly to
MarKet Management. Employees may not reserve for the producer.
Santa Ana Certified Farmers' Market Rules
4/18105
4
2. CANCELLATIONS - should be made at least one week in advance in consideration of the Market's desire to
present a filled Marketplace to shoppers. Producers who cannot attend the Market due to unusual circumstances
such as truck breakdown on route to Market must contact Market Management within 24 hours after Market day to
confirm a selling space for the following week. Producers who fail to show up at the Market repeatedly and/or
without notice or follow-up may forfeit their right to sell at the Market
VIII. STALL ASSIGNMENT & SET UP
STALL ASSIGNMENT - The seller's location, space size, and other considerations are at the Market Manager's
discretion, based on the seller's customer relationships, the product mix, consumer flow, promotion, security, and
other considerations.
All space is provided as a privilege; no vendor shall be able to sell his/her Market space to other vendor or to other
individuai/entity to whom they transfer their business.
Final decisions for space assignment and location rests with the Market Manager. Every effort is made to assign
permanent space locations to Market participants, whether participation is seasonal, or year-round. This ensures
continuity, which is beneficial to the participant and the overall operation of the Market. However, occasionally
changes must be made in location, which are unavoidable. Such decisions are made at Manager's discretions for
the benefit of overall Market operations and consists of the following criteria:
To alleviate chronic overcrowding
To make better use of space available
To dear the area around fire hydrants
To fill empty spaces
3. STALL SET-UP - Sellers are permitted two hours for set-up and one hour for breakdown. If seller has not arrived
30 minutes before Market, the Manager may release reselVed space to another,
4,3. STALL APPEAERANCE AND PRODUCT DISPALAY - Sellers must provide their own tables and canopies. White
umbrellas and peaked canopies are encouraged. Tarps are not allowed.
StaUs and product display must enhance the customers experience and perception of the seller and Market. Stands
shall be set up in a neat and professional manner. In an effort to increase sales, the Market Manager may suggest
alternative displays to improve individual and overall appearance. Seller will ensure no spoiled product is on display
and that shade is provided for all perishable products.
IX. PERMITS, LICENSES & DOCUMENTATION
All sellers must comply with aU applicable Federal, State, and local laws, ordinances and reguiations and obtain all
necessary permits. All certified and non-certified agricultural products sales shall be in conformity with the current
State Direct Marketing Regulations for Certified Producers (California Code of Regulations Title 3, 91392.)
All sellers must also carry liability and motor vehicle insurance and carry a valid US driver's license.
1. CERTIFIED PRODUCERS (fresh fruits & vegetables, eggs, honey, nuts in a shell, nursery stock & cut flowers)
. A completed application
. The Hold Harmless page (last page of these rules) signed by the Producer.
. The Agreement to Remain for Initial Market Period (last page of these rules) signed by the Producer.
. A current Certified Producer's Certificate listing those commodities (certifiable & non-certifiable) the Producer is
ottering for sale. Please mark on the certificate those products that you will bring to the market.
Santa Ana Certified Fanners' Market Rules
4/18/05
5
. An Employee Authorization Letter printed on letterhead (or with retum name, address & phone number) signed
by the Producer, naming each employee and family member that may sell for the Producer. For family
members, please indicate their relationship to the owner. No commission sales are allowed.
. Second Certificate: If the Producer sells the produce of a Second Certificate, and Authorization Letter from the
Second Certificate is required, allowing the Producer to sell for them. No more than one second certificate is
allowed.
Second-<:ertificate Producers must submit a separate application and must appear to sell for the first market day
and at least once thereafter every six (6) months of sales. If a second-<:ertificate Producer is unable to verify
his/her sales on any Market day, helshe will not be permitted to participate in the Market.
. Non-Certifiable Aericullural Products I One-Staee Processed (products resulting from a one-stage process of a
certified product such as jam, juice, dried fruits...):
The Certified Producers Certificate must list the certified product used to produce the non-certified product.
For example, jam producers must have a Certified Producers Certificate listing the fruits used for jams.
Health permits must also be provided.
. Non-Certifiable Aaricullural Products I Other Products (animal products, aquaculture, viticulture, and
vermicullure): A proof of Producers Certificate is required. Producers may be asked to produce documentation
or verification related to their production. Verification may involve a sight visit to place of business with due
notice (24 hours) by the Market Manager or an agent of The Grain Project to verify rule compliance.
. Nursery Stock: A Nursery Stock License (cut flowers are exempt).
. Cut Flowers: A Seller's Permit from the Board of Equalization (BOE) and a business license from the City of
Santa Ana, if required by law.
. Oroanic Products: An organic certification as per the National Organic Program and the Certified Organic
Production Act of 2003.
. No Pesticides or No Chemicals Claims: An Application Use Form {see section X.4}.
2. PREPARED & PROCESSED FOODS - (Pre-packaged foods, bakery products, coffee and fresh juice sellers). No
commission sales are allowed.
. A completed application.
. The Hold Harmless page (last page of these rules) signed by the Vendor.
. The Agreement to Remain for Initial Mamet Period (last page of these rules) signed by the Producer.
. Health perm~s.
X. POSTINGS
1. PERMITS & LICENSES - All required permits, licenses, and documentation, with the exception of the signed
Market Rules, should be conspicuously posted at each stand in plain view of the public and enforcement personnel
during Market hours. A copy of all documentation shail be made available to and kept on file with the Market
Management.
2. SECOND CERTIFICATES - Second Certificate Producers must also have their embossed certificate and letter of
authorization clea~y posted. All produce must be separated so as to be identified by Certificate.
3. PRODUCER'S NAME - Producers are strongly encouraged to display a sign (at least 12" x 24") identifying their
business name and city or town of production.
4. PRODUCT INFORMATION & CLAIMS - Sellers shall only display or advertise items that have been approved for
sale.
Santa Ana Certified Farmers' Market Rules
4/18105
6
. Prices - Prices shall be ctearty noted for the benefit of the consumers. Prices should, whenever possible, be
below retail prices. Collusion or any pressure among sellers to atter prices is strictly forbidden, based on federal
anti-trust law.
In order to avoid unfair competition, backyard farmers that sell their products as a supplementallncome or
hobby, shall not price their goods below a reasonable and fair market price.
. Product Variety - Sellers are strongly encouraged to display signs identifying their products' name and variety.
Notes about the product taste and uses are also encouraged as they help sales.
. Organic Products - No Producer may use the term "organic" unless the following language IS posted:
.ORGANICAll Y GROWN IN ACCORDANCE WITH CALIFORNIA ORGANIC FOOD ACT." Additional sign age
indicating membershjp in or certification by an organization, which certifies organic farming practices, such as
California Certified Organic Farmers (CCOF) may also be posted in addition to the Organic Food Act language.
Organic producers must maintain three years of records to verify compliance with organic standards. When an
organic grower is also selling non-organic produce at the same stand, the non-organic produce must be clearty
separated from the organic produce and clearty labeled "non-organic" in letters at least 2" high. A Market
violation will be issued to anyone who falsely advertises "Organic" growing practices, either in sians Of in verbal
claims. The Organic Registration Form must be c1earty posted at the stand.
. "No Pesticides" & "No Chemicals" Claims - Producers that are not certified Organic and who wish to claim "No
Pesticides' or "No Chemicals' must identify, on an Aoolication Use Fonn (described below and available from the
Market Manager) any synthetically compounded product applied to the crop. The Application Use Form must be
posted immediately adjacent to the "No Pesticides. or "No Chemicals' sign. The words "No Spray" are not
permitted in any signage, as they are vague and do not identify compounds applied.
Application Use Form (Sample Only)
Aoolication
Name
Comoound
Fertilizer
Urea
Synthetic Nitrogen
Pesticides.
No
Growth Regulator
No
"These include fungicides, herbicides and rodenticides.
A Market violation will be issued to anyone claiming "No Pesticides' without an Applications Use Fonn
posted immediately adjacent to the sign claiming "No Pesticides."
504 PACKAGED PRODUCTS - Packaged products must be labeled with the producer name, address, products name,
ingredients, and weight.
~SCALES -All producers using a weighing device (scale) must have the scale registered and sealed within the
previous 12 months by County Weights and Measures. The fee schedule for registering scales is: 1-3 scales = $40,
4-9 scales = $80. You must have your receipt for registration with you at all times to verify that your scale is
registered. Each county issues a sticker that is affixed to the scale itself when the scale is tested (sealed). The
county sticker indicating the scale has been sealed must be visible and current. Scales with broken glass faces are
not acceptable. Registration and seals from any county are valid in every county statewide.
XI. PRODUCT QUALITY
1. STANDARDS - All products will be expected to be of the highest quality, of taste, freshness, or craftsmanship.
Sellers of low quality products are subject to penalties and may ullimately forfeit their right to sell at the Market.
2. MINIMUM GRADE - All produce must meet USDA minimum grade requiremenls, and must represent a "field run" or
better quality range. Additionally, all containers of produce offered for sale must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
Containers of culls only will not be permitted for sale and will be immediately removed from sale with a warning
issued unless the grower is also selling the same product at a "field run" standard or better. Culls must be dearly
Santa Ana Certified Farmers' Market Rules
4f18J{)5
7
labeled as "culls: "overripe: or "canning grade" and priced accordingly. Subsequent violations will be subject to
additional penallies.
3. PRODUCT INSPECTIONS - All commodities and products shall be subject to inspection at any time by the County
Agricullural Commissioner, the Department of Environmental Services (Heallh Department) and/or the Market
Manager.
4. CUSTOMER COMPLAINTS - Customers who have a legitimate complaint about the produce they purchase should
be given a full monetary refund or replacement of equal value. It is the Markefs policy to satisfy the customer and to
promote good will by being generous with produce. If produce is overripe and must be consumed the same day, the
customer must be informed in advance. If a customer wishes to exchange only a partial bag of produce, only partial
credit is due.
XII. HEALTH & SAFETY
1. LEGAL REQUIREMENTS - This Market is conducted in accordance with the local, state, and federal laws and
ordinances. Sellers should be familiar and in compliance wllh all heallh and safety guidelines. Sellers must comply
immediately with Managers safety instructions. Sellers and products must comply with the Califomia health codes
and federal standards.
2. STALL'S IMPLEMENTS - Producer vehicles, tables, and overhead shades must be maintained and used in a safe
manner. legs must be firmly locked into place on the shades. Tables must have smooth edges and remain stable
when loaded with produce. Shades must be weighted or otherwise fixed. Tarp poles must not obstruct traffic flow
and care must be taken when setting up or taking down displays. The use of stakes will be strictly prohibited as a
method to secure the tarp structure Into the parking lot asp hall or surrounding landscape areas,
By determination of Market Management, removal of the canopies may be required at any time during Market hours
due to windy or other safety conditions. Canopy removal shall take precedence over sales activities. Frame
assemblies may remain in place as long as they are securely tied down.
All Producers must comply with the following safety rules:
. No display tables filled over carrying capacity.
. Product arrangements are stable and not ready to fall.
. Legs of tables are secure and not caving in.
. All connecting rods of the shade set-ups are secure in their fittings.
. Canopy assemblies are tied or weighted down.
. No pets.
3. CLEAN SELLING SPACE - Sellers are required to maintain their individual selling space in a ciean, safe, and
sannary manner. This includes protecting the pavement from drips from any part of Seller's vehicle as well as from
highly staining items, such as grapes and raspberries. Water, from any activity, shall be property disposed off-site
and not drained into the surrounding landscape planters.
Sellers are responSible for bagging and removing their own trash (produce waste, overripe or left over produce and
boxes) at the close of Market day. Sellers may not dispose of their trash in the city dumpsters or in any trash
receptacles intended for customer use. They may not leave it at the curb to be picked up by the maintenance crew.
Sellers may be asked to move their trucks to accommodate cleanup. You may not leave your tuck parked at the
close of the Market if your area has not been cleaned.
Sellers who stuff publiC trashcans with farm product waste (not including papers and wrapping from breakfast, lunch,
or items purchased while at the Market) may be required to pay a disposal of up to $300 per occurrence.
Santa Ana Certified Fanners' Market Rules
4/16/05
8
4. FOOD SAFETY
. A washing sink (with hot and oold running water under pressure) may be made available by the Market to
Commercial Sellers. The Market Manager will oonfirm the sink situation to you.
. All food products must be Kept to a minimum of 6" off the ground.
. Food preparation (except trimming) in the Market is prohiMed except for Commercial Sellers.
. Processed foods must be processed in an approved facility and packaged and labeled under sanitary conditions,
and the Seller must display their Health Department permll.
5. PRODUCT SAMPLING
Procedures for the cutting of produce have been established by the Health Department and must be followed to
ensure that sanitation standards are maintained. In order to offer cut samples, you must have a complete sampling
set-up and follows:
. Samolina Set-Uo:
Water oontalner with downward-facing spout (for hands and produce washing) with catch basin
Smooth, non-absoment cutting board
A knife used exclusively for sampling
1 % chlorine solution for sanitizing the cutting knife and other utensils
Liquid pump soap dispenser (bar soap is not acceptable)
Single use (paper) towels
Cover for cut samples
Toothpicks or skewers for handing out samples
Bucket to catch wash water, which may only be dumped into the available sink (ask Market Manager) as
needed. Wash water may not be disposed of on site (dumped on the ground, In a planter, gutter, storm
drain, etc.)
. Samolina Procedures:
All prOduce must be washed before cutting
Samples must be cut out of reach of customers. Samples must be kept in a clean, covered container
approved by the Health Department; such as clear plastic with hinged lids or clear dome covers.
Samples must be served to customers on a toothpick or skewer. Plates full of cut samples may not be left
out for customers to serve themselves.
A covered trash must be available for discarded sample skins and toothpicks
Hands must be washed prior to cutting samples
Plastic gloves may be worn but they do not replace hand-washing requirements
Buckets containing wash water must be disposed of in a public sewage system or taken home for disposal
Wash water may not be dumped in planters or storm drains.
Santa Ana Certified FanT1ers' Market Rules
4/18/05
9
. Anyone who is not following the sampling guidelines must immediately stop sampling and get into oompliance
with the proper procedures. A second violation of sampling procedures will resutt in suspension of sampling
privileges for up to three months.
6. SMOKING - is not permitted in produce display and immediate sales area during MarKet hours.
7. TRAFFIC - Auto and truck flow must not endanger pedestrians. No bicycling, sKating, or sKateboarding is allowed
in the MarKet.
Seller's truck, tabies, and merchandise must be within the space and not impede the customer flow. Vehicles wm
not be permitted to enter the market once the market is open to customers.
For safety and security reasons, no saies may take place before the Market opens or after it closes. Sellers will be
prohibited from entering the Market after the start lime (3pm). Sellers will also be prohibtted from leaving prior to
close to ensure safety and a fuIi Market for customers.
XIII. STANDARD OF CONDUCT
1. Common courtesy in dealing with customers and other sellers is essential to creating and sustaining loyal customers
for all sellers and ultimately developing a successful Market.
2. Sellers are expected to be honest and to conduct themselves in a courteous and friendly manner. Everyone is
expected to treat other sellers, staff, customers, and officials with respect. The farmers are asked to assist the
Manager in all pOSSible ways, to maintain the quiet and friendly atmosphere of the Market.
3. Rude, abusive, offensive, or other disruptive behavior is not permitted. Anyone who is discourteous, belligerent, or
whose conduct is seriously prejudicial to the reputation or operation of the Market will be asKed to leave the Market
by the Market Manager.
4. Sellers experiencing any difficulty with customers or other sellers in this regard should refer the matter promptly to
the Market Manager. Harmful remarks about sellers, the Market, or the Market Manager are subject to legalliabiltty.
5. No individual shall be subject to harassment, including on the basis of race, color, religion, gender, sexual
orientation, or origIn.
6. No materials, which are blatanfty offensive, etther racially, ethnically, or sexually, shall be allowed for sale.
7. Sellers are expected to dress in an appropriate manner, including shirts and shoes or sandals.
XIV. NON-PROFIT ORGANIZATIONS & COMMUNITY INFORMATION GROUPS
1. Non-profit organizations and community informatIon groups rorganizations~) shall be allowed at the Market
whenever space is available. Each organization will be assigned available dates in advance and assigned space by
lhe Market Manager.
2. No private or commercial advertising or sales of any item will be permitted. The_direct solicitation of donations is
strictly prohibited, but groups may, however, direct the public where donations may be made for the general support
of the organization.
3. Organizalion representalives shall not interfere with Market operation by aggressively soliciling signatures,
donations, or attention. Such activities shall not block sidewalks or access to assigned stall spaces.
Representatives will stay within boundaries established by the Manager.
4. The Market Manager retains the right to regulate the time, place, and manner of activities relating to displays, signs,
poslers, placards, and other expressions of the interests represented. The Market Manager may prohibit the use of
~fighting words," obscenities, grisly, or gruesome displays or highly inflammatory slogans likely to proVOke a
disturbance.
5. Each organization must prominently display its name, and must comply with all applicable Market rules.
Santa Ana Certified Farmers' Market Rules
4/18/05
10
.
XV. YOUTH-ORIENTED VENDORS
1. Vendors in this category ("Youth Vendors") may sell services of interest to young people. Active participation from
the young people or the application of the product at the Market is required.
2. All aspects of youth vending will be strictly regulated by the Ma",et Manager, inciuding but not limited to safety,
content, volume, behavior, ete
3. Youth vendors are required to keep all insurance, licenses, pennits, and addresses up to date with the Market
Manager without being prompted.
4. Only those items and services reviewed and approved during the application process may be sold.
5. All vendors must reapply annually.
XVI. PERFORMING ARTISTS
1. In furtherance of the mission of the Santa Ana Certified Fanners' Market, perfonning artists will be selected to
showcase their skills and talents in preapproved locations detennined by the Market Manager.
2. All aspects of the perfonnance will be strictly regulated by the Market Manager, including but not limited to volume,
content, duration, and safety.
3. Perfonners may advertise, display literature, and sell products showcasing their talents which they are
demonstrating that day at the Market.
4. Only the above-mentioned perfonnances shall be pennitted in the respective Market parking lot for the duration of
the Market.
XVII. VIOLATIONS & PENALTIES
1. NON-COMPLIANCE - The Market Manager and any other agent assigned to do so has the right to issue warnings
and take appropriate action against vendors wiho violate the Markefs rules and all other applicable regulations and
laws. Penalties for violating the rules set forth herein may include fines, suspension of selling privilege, or loss of
space. Verbal wamings will be followed with a written waming for any violation prior to a fine or Ma",et suspension.
Written notices of violations of Market rules will be issued following schedule of penalties, unless otherwise stated in
these rules:
1st violation: Warning
2nd violation: Suspension for 1 Market day
3rd, violation: Suspension for 3 months
Subsequent violations will be penalized by Management decision, up to peflTlanent expulsion.
In the case of unreasonable or outrageous conduct considered detrimental to Market safety or welfare, the
Manager has the authority to impose an immediate fine and I or suspension.
2. CUSTOMER COMPLAINTS - The Market has a written complaint fonn to be filled out by any customer wishing to
file a complaint regarding her or his treatment by any farmer. Only very serious complaints are put on a complaint
form; most misunderstandings can be resolved without filing a fonnal complaint.
Once a written complaint is submitted Market Management will verify it. The same penalty schedule as for Market
violations will appiy:
Santa Ana Certified Farmers' Market Rules
4/18/05
11
.
1 st written complaint: Warning
2nd written complaint Suspension of 1 Market day
3rd. written complaint: Suspension for 3 months
3. DUE PROCESS - Sellers wishing to appeal an expulsion or suspension from the Market shall have the right of due
process with a hearing before The Grain Project Board on any action taken. The appeal must be submitted in
wrijing to the address below, indicating the reasons for retaining selling space at the Market:
The Grain Project
Attn: Farmers' Market Appeal Process
P.O. Box 572
Santa Ana, CA 92702
The Grain Project Board's decision will be given in writing within 30 days of receipt of the complaint. Their decision
will be final. Until this decision is reached, the Market Manager's sanction remains in effect.
XVIII. MISCELLANEOUS
1. EVENTS & ACTIVITIES - RegUlar events and activities will take piace at the Market in order to increase community
spirit, publicize the Market, and support its usuai business.
2. SUGGESTIONS - Suggestions, requests and comments from farmers, volunteers and shoppers are needed to
make the Market a success. These suggestions can be made to the Manager in person or !eft in the suggestion box
at the Market information table. Suggestions to improve the Market and promote ijs growth are very much
appreciated by the Manager.
Santa Ana Certified Farmers' Maf1(et Rules
4f18105
12
" .
XIX. SIGNATURE & HOLD HARMLESS
I (the undersigned), hereinafter "Producer," in consideration in being provided space at the Santa Ana
Certified Farmers' Market, agree with the following terms and conditions:
Producer acknowledges receipt of and agrees to abide by the SACFM Rules pursuant to the interpretation of
the Market Management as well as any related laws and regulations established by the city, county, state and federal
government.
Producer shall indemnify, defend and hold harmless the SACFM, the City of Santa Ana, its City Council,
boards and commissions, officers, agents, employees and volunteers from and against any and all loss, damages,
liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to the willful misconduct of negligent acts,
errors or omissions of Producer, its agents and employees, in connection with Producer's participation in the
SACFM, and in the performance of services, work or activities under this agreement and the SACFM rules.
In witness thereof, this Agreement is executed this day of
,200_.
Signature:
Name (print):
Business Name:
Address:
City:
State:
Zip Code:
Business Phone:
Home Phone:
Cell Phone:
Fax:
Best times to be reached:
The Market rules must be signed by the person who signed the Producer's certificate or by the business owner and
be returned to the Market Manager within 3 weeks of starting to participate in the Farmers' Market.
Producers are responsible for keeping al/ their documents current and valid. They re also responsible for keeping
current address and phone numbers on file.
XX, AGREEMENT TO REMAIN FOR INITIAL MARKET PERIOD
I (the undersigned), hereinafter "Producer," in consideration in being provided space at the Santa Ana
Certified Fanners' Market, agree with the following terms and conditions:
At the discretion of the Market Manager, I agree to remain a vendor at the Santa Ana Certified Farmers'
Market for the duration of at least 2 months after initial acceptance into the Market. This will ensure the Market's
success by helping to maintain a full market and because vendor consistency within the Market encourages repeat
customers and sales.
in witness thereof, this Agreement is executed this day of
,200_.
Signature:
Name (print):
Santa Ana Certified Farmers' Markel Rules
4/18/05
13
ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE
,. 04/13/2005
PRODUCER Schweickert & Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3090 Bristol Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 160 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Costa Mesa CA 92626 I INSURERS AFFORDING COVERAGE
----- ----------- ----.- ---._- ---- - - ------ -. ___..__ _____ .__~.___ n_ -- -
INSURED The Grain Project tJ- auiJ5-(J"I/ ~~LJ~ERA:American Alte!?ativ~_ Inslgance ~()mP<IJ.?L- __ __
-
P.O. Box 572 ~URER.B:_ __ _ _______ _______
Santa Ana CA 92702 ~U~ER G - .- -- - -- ------.- -.-.-
itJSUREB....!L- --..---.--- --...--...-- ---.-
I , INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
------~~---- -- --~------
INSR, TYPE OF INSURANCE I POLICY NUMBER POLlCY EFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY .!TO FOLLOW [04/12/2005 [04/12/2006 EACH OCCURRENCE_ -J-L.- 1,000,000
_; _CO~MERCIAl GENE~IABILlTY Includes Non Owned Auto rl.r~E DAMAGE (Anyone flre)--L___ _ 300,OOQ
I~__~ CLAIMS MAllE L ~ OCCUR ICoverage i MED E~~ one pers~_j L- _"f:~~!!!ged
1-1--- -------- ---I )-::::::~:~:~~:~~~t~:--- ~:~~~:~~~
f--Q~'l AGGRE.QATE LIMIT APl'~~S PER: _ - ~RODU~~TS - COMPIOP _AGG _ ~_ _~OOO,Q.OO
I POLICY PRO- , LOC
lMlTOMOBILE LIABILITY
I -,
ANY AUTO
~_ -l All OWNED AUTOS
SCHEDULED AUTOS
~_ -~ HIRED AUTOS
~ ~ NON-OWNED AUTOS
f..-L-----
I COMB. INED SINGLE LIMIT - $
(Eaac~ent)____ __~______
~~~~~~)U~_ ____~---_-___
~?~~~j~;~tY __ _+_ _ ___
PROPERTY DAMAGE
(Peraccklef1t}
$
I GARAGE lIABIL.ITY
I ANY AUTO
APPROVED
I
I
L
I
I
FOltM
f-AYTOO_f'.ll,-Y-EAACCID_ENT $___.
I OTHER THAN ..l'_~-~.QQ.-l$---
AUTO ONLY AGG $
~ACH Oq::URREN.C~ _ $ _ __
~GREG~TL- -- ---t---- ----
~_:------+ =~
$
J~~illMS.LJOTH- _ _ __ __
~EL EACH ACCIDENT _ _ - $
I ~.l_QISEA3>.E-e.:.EI~PL~YEJ $,-~_~____~-
EL DISEASE POLICY LIMIT $
EXCESS L1A.BILlTY
n OCCUR l-~ CLAIMS MADE
I ~ DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TO
I OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and
representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and
uses perfonned by or on behalf of the named insured.
CERTIFICATE HOLDER
X ADDITIONAL INSURED' INSURER LETTER:
CANCELLATION
Santa Ana
CA
92701
SHOULD ANY OF THE ABOVE OESCR-IBED POLICIES BE CANCELLED BEfORE THE EXPIRATION
30
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL.L.
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
The City of Santa. Ana
20 Civic Center Plaza
ACORD 25-S (7/97)
@ACORD CORPORATION 1988
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company WJ\\t' xit'( \ 1\ ~~ \-\( nYl+i \, {
This endorsement modifies such insurance as IS afforded by the provisions of Policy
# I ( \ L'L I L(" . relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insureds, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant ifnot so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
~I lid I n ~
ie. ['llCLL,
dtl'i (< I(l.in
, this endorsement form as a part of
el L i ( C' i
, amed Insured
^ PPR()v~D AS TO F~ot(htersigned by in] j LAa / Ilk ( ',l}:.,
-/I"J' " / ') . uthonzed RepresentatIve
i>)')? "-
I '. .
/ Laura St.itt Sheedy
Assistant City Attorney