HomeMy WebLinkAboutCABAN, GEORGE & ANCA DBA CAFÉ EXPRESS-2009INSURANCE ON FILE
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LEASE AGREEMENT
BETWEEN
THE CITY OF SANTA ANA
AND GEORGE AND ANCA CABAN
dba CAFE EXPRESS
A-2006-159-001
THIS AGREEMENT ("Agreement") is made and entered into this l s' day of December,
2009, by and between the City of Santa Ana, a charter city and municipal corporation,
duly organized and exiting under the constitution and laws of the State of California,
herein referred to as "Landlord", and George and Anca Caban, doing business as the Cafe
Express, herein referred to as "Tenant".
The parties hereto agree as follows:
ARTICLE 1- TERM OF LEASE
Section 1.01 Premises and Use
(a) Landlord owns the real property described in Exhibit "A" attached hereto and
made a part hereof (the "Property"), commonly known as the Santa Ana
Regional Transportation Center located at 1000 East Santa Ana Boulevard,
Santa Ana, California. Landlord hereby rents to Tenant sole use of the area
designated as Suite 102 (the "Premises") for Tenant's business purpose of
running a restaurant facility for the patrons and tenants of the Santa Ana
Regional Transportation Center.
(b) Tenant's use of the Premises shall be comprised of the normal business hours
of the Santa Ana Regional Transportation Center which are Monday through
Sunday, from 5:00 a.m. to Midnight.
(c) Tenant hereby accepts the Premises in their condition existing as of the
Commencement Date of this Agreement.
(d) Any signage improvements or construction Tenant intends to make upon the
Premises is subject to prior approval of the Landlord, and must be compliant
with The Santa Ana Regional Transportation Center guidelines as well as City
of Santa Ana local regulations.
(e) Upon the expiration or termination of this Agreement, Tenant shall surrender
the Premises to Landlord in good and clean condition, less ordinary wear and
tear.
Section 1.02 Term
(a) The term of this Agreement for renting the Premises ("Term") shall
commence on December 1, 2009 ("Commencement Date") and shall
continue on as a month-to month tenancy.
(b) Notice of intent to vacate or termination of the landlord-tenant relationship
is only valid with thirty (30) days prior written notice to the other party.
Section 1.03 Rent
(a) Tenant agrees to keep its rent payments current and to pay half of
December 2009 rent ($1,165.00) to the City on or before December 1 st, 2009 (late after
the 5th). The other half of December 2009 rent ($1,165.00) and rent to cover the change
of rent period for January 1, 2010 through January 15, 2010 ($1,165.00) for a total of
$2,330.00 shall be paid to the City on or before the 15th of December 2009 (late after the
20th). Thereafter payments shall be made in accordance with the below amended
language.
(b) Beginning on December 15th, 2009, Tenant shall pay to Landlord monthly
rent in the amount of $2,330.00 per month for the Property. Rent will be due upon
execution of this Agreement and thereafter on or before the 15th of each month (late after
the 20th), payable to "The City of Santa Ana" and remitted to: City of Santa Ana, Public
Works Agency, P.O. Box 1988, M-21, Santa Ana, CA 92702. Payments may also be
hand-delivered to: City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, 4th
Floor Ross Annex, Santa Ana, CA 92701. A late charge of ten percent (10%) shall be
applied after any payment hereunder is due but unpaid.
(c) Tenant's monthly rental payments shall be subject to a CPI adjustment
annually in July of each year during the term hereof.
Section 1.04 Non-Recording
Neither party shall record this Agreement.
ARTICLE 2 - TAXES AND UTILITIES
Section 2.01 Taxes
Tenant shall pay before they become delinquent all taxes, assessments or other charges
levied or imposed by any governmental entity on Tenant's Premises. If such taxes are
not assessed separately to Tenant, Landlord shall provide Tenant with evidence,
reasonably acceptable to Tenant, of such tax assessment and the amount due, which is
attributable to Tenant.
Section 2.02 Utilities
(a) Landlord shall pay for all electricity, gas, water sewer and janitorial services
furnished to the Premises for the use, operation and maintenance of Tenant's premises
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during the Term of this Agreement, or any extension thereof, and for the removal of trash
from the Premises during the Term of this Agreement, or any extension thereof.
(b) Tenant shall have the right to improve the present electrical and
telecommunication cabling and outlets and any other such infrastructure that would
reasonably be associated with Tenant's intended use of the Premises, all at Tenant's sole
cost and expense. Any communication and/or computer lines brought in by Tenant must
be reviewed and approved by City staff, Tenant cannot splice into Landlord's existing
City telephone or computer lines.
ARTICLE 3 - IMPROVEMENTS AND ACCESS
Section 3.01 The Premises/Miscellaneous
(a) Tenant shall repair any damage to the Premises and will leave the
Premises in satisfactory condition as approved in writing by Landlord.
Tenant shall be required to remove all its fixtures upon
expiration/termination of the Agreement, and if Tenant fails to do so
within thirty (30) days, Landlord may elect to do so at Tenant's sole cost
and expense, or elect to not remove such fixtures, in which case, such
fixtures shall become the property of Landlord, at Landlord's option. Any
personal property, equipment or other improvements that are not removed
within said thirty-day period shall become the property of Landlord, at
Landlord's option. Tenant's obligation to pay compensation to Landlord
shall not cease, unless and until the fixtures that Tenant must remove, are
removed to Landlord's approval.
(b) Tenant shall provide access to the Premises to the Landlord, and its
employees, agents, contractors and subcontractors, twenty-four (24) hours
a day, seven (7) days a week. Except in the case of emergencies, Landlord
shall give Tenant twenty-four (24) hours notice prior to entry into the
Premises.
(c) Tenant shall, at its sole cost and expense, maintain and repair the Premises
including, but not limited to, the removal of all trash, debris, graffiti, as
well as any special intensive cleaning. If Tenant causes any damage to the
Property, to the Premises or to access roadways or other nearby facilities,
it shall properly repair same as specified by Landlord.
(d) Upon the expiration or termination of this Agreement, Landlord shall
approve in writing the surrender of the Premises by Tenant only after
being satisfied that the Premises has been left in good and clean condition,
less ordinary wear and tear.
(e) Quiet Enjoyment. Tenant shall have quiet possession of the Premises for
the entire term hereof, subject to all the provisions of this Agreement.
Section 3.02 Liens
Tenant will not permit any mechanics' or materialmens' or other liens to stand against the
Premises by reason of any use or occupancy by Tenant, or any person claiming under
Tenant.
ARTICLE 4 - INDEMNITY AND INSURANCE
Section 4.01 Indemnification, Defense, Hold Harmless
Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers,
officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation costs and fees of litigation of any nature)
arising out of or in connection with Tenant's performance of this Agreement or Tenant's
failure to comply with any of Tenant's obligations contained in the Agreement by Tenant,
its officers, agents or employees except such loss or damage which was caused by the
sole negligence or willful misconduct of Landlord. In the event Landlord is named as
codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in
such legal action unless Landlord undertakes to represent itself as codefendant in such
legal action, in which event Landlord shall bear its own litigation costs, expenses and
attorney's fees. Tenant further agrees to indemnify, hold harmless, and pay all costs for
the defense of the Landlord, including fees and costs for special counsel to be selected by
Landlord, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. Landlord may make all reasonable decisions
with respect to its representation in any legal proceeding.
Section 4.02 Insurance
In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant
shall obtain and furnish to Landlord, a policy of general public liability insurance, and
commercial general liability covering the Premises. The policy shall indemnify Tenant
and Landlord, their officers, agents and employees, while acting within the scope of their
duties, against any and all claims arising out of or in connection with the Premises and
shall provide coverage in not less than the following amount: combined single limit
bodily injury, personal injury and property damage, liability, of $1,000,000 per
occurrence. The City also requires an Additional Insured Endorsement, as attached and
incorporated herein as Exhibit B. The policy shall name the City of Santa Ana, its
agents, officers, employees and volunteers as Additional Insureds, and shall specifically
provide that any insurance coverage which may be applicable to the Premises shall be
deemed excess coverage and that Tenant's insurance shall be primary. Under no
circumstances shall the above-mentioned insurance contain a "deductible" or any other
similar form of limitation on the required coverage. Tenant is required to give the
Landlord no less than thirty (30) days notice of cancellation or reduction in coverage. No
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cancellation provision in any insurance policy shall be construed in derogation of the
continuous duty of Tenant to furnish insurance during the term of this Agreement.
Section 4.03 Property Insurance
Tenant shall provide to Landlord, and shall maintain in force during the entire term of
this Agreement, property insurance with extended coverage endorsements thereon, on the
Premises in an amount equal to the full replacement cost and/or value thereof, this policy
shall contain a replacement cost endorsement naming Tenant as the insured and shall not
contain a co-insurance penalty provision. The policy shall contain a special endorsement
that such proceeds shall be used to repair or rebuild any such improvements so damaged
or destroyed; and if not so used, such proceeds shall be paid to Landlord. The proceeds
of any such insurance payable to Landlord shall be used for rebuilding or repair as
necessary to restore the Premises at the discretion of Landlord. The policy shall name
Landlord as an Additional Insured.
The policy or policies shall also contain the following endorsements:
1. The insurer will not cancel or reduce the insured's coverage without
thirty (30) days prior written notice to Landlord; and
2. Landlord will not be responsible for premiums or assessments on the
policy.
A complete and signed certificate of insurance with all endorsements required by this
Section shall be filed with Landlord prior to the execution of this Agreement. At least
thirty (30) days prior to the expiration of any such policy, a signed and complete
certification of insurance showing that coverage has been renewed, shall be filed with
Landlord.
Section 4.04 Certificates of Insurance; Additional Insured Endorsements
Prior to execution of this Agreement, Tenant shall furnish to Landlord certificates of
insurance and additional insured endorsements to each of Tenant's insurance policies,
subject to approval of the City Attorney, evidencing the foregoing insurance coverages as
required by this Agreement; these certificates shall:
provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force; and
3. shall promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days
prior written notice of Landlord.
Tenant shall maintain the foregoing insurance coverages in force throughout the term of
this Agreement. The requirement for carrying the foregoing insurance coverages shall
not derogate from the provisions for indemnification of Landlord by Tenant under the
Agreement. Landlord or its representatives shall at all times have the right to demand the
original or a copy of all these policies of insurance, which Tenant shall provide within
fifteen (15) days of Landlord's request.
ARTICLE 5 - TERMINATION AND DEFAULT
Section 5.01 Termination in the Event of Casualty or Condemnation
(a) In the event of any damage, destruction or condemnation of the Premises,
which renders the Premises unusable or inoperable in Landlord's judgment,
Tenant shall have the right, but not the obligation, to terminate the
Agreement with respect to the subject Premises by giving written notice to
Landlord within thirty (30) days after such damage, destruction or
condemnation. If by virtue of such casualty or condemnation, Landlord
determines that the Premises is no longer adequate for Tenant to continue its
operations, or any repairs to the Premises have not been completed or cannot
reasonably be completed within sixty (60) days from the date of the damage,
destruction or condemnation. This Agreement will become null and void.
(b) In the event of condemnation, unless Tenant is allowed by the condemning
authority to continue its operations in the Premises, this Agreement shall
terminate as of the date title to the Property vests in the condemning
authority or Tenant is required to cease its operations, whichever is earlier. If
any property described herein or hereinafter added hereto is taken in eminent
domain, the entire award shall be paid to Landlord.
Section 5.02 Termination
A. This Agreement may be terminated with prior written notice as follows: (1) by
either party upon a default of any covenant or term hereof by the other party,
which default has been noticed and is not cured within three (3) days of receipt of
written notice of default; or (2) by Tenant if Tenant is unable to occupy and use
the Premises for Tenant's intended purpose.
a. In accordance with (1) of the preceding paragraph, failure of Tenant to
comply with any of the terms, conditions or obligations contained within
this Agreement shall result in Landlord's exclusive right to terminate this
Agreement and terminate Tenant's occupancy of the Premises.
b. The failure of Tenant to perform any of the terms, conditions or
obligations contained in this Agreement shall give the Landlord, in
addition to the remedies specified herein, exclusive right to re-enter and
regain possession of the Premises in the manner provided by the laws of
unlawful detainer of the State of California then in effect.
c. Failure of Tenant to pay Landlord monthly compensation in the amount
set forth in Section 1.03 and on or before the date agreed upon in Section
1.03 of this Agreement, shall result in Landlord's exclusive right to
immediately terminate this Agreement and Tenant's occupancy of the
Premises.
B. Either party may terminate this Agreement with thirty (30) days written notice
without cause.
ARTICLE 6 - ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY
Section 6.01 Assignment
Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage,
pledge, or encumber this lease or any interest therein, and shall not sublet said Premises
or any part thereof, or any right or privilege appurtenant thereto, or allow any other
person (the employees, agents, servants, and invitees of Tenant excepted) to occupy or
use said Premises, or any portion thereof, without the prior written consent of the
Landlord.
Section 6.02 Reserved.
Section 6.03 Default by Tenant
Should Tenant default in the performance of any of the terms, conditions, or obligations
contained in this Agreement, Landlord may re-enter and regain possession of the
Premises in the manner provided by the laws of unlawful detainer of the State of
California then in effect.
Section 6.04 Insolvency of Tenant
The insolvency of Tenant as evidenced by a receiver being appointed to take possession
of all or substantially all of the property of Tenant, or the making of a general assignment
for the benefit of creditors by Tenant, or the filing of a petition in bankruptcy shall
terminate this Agreement and entitle Landlord to re-enter and regain possession of the
Premises.
Section 6.05 Cumulative Remedies
The remedies given to Landlord in this Agreement shall not be exclusive, but shall be
cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere
provided in this Agreement.
Section 6.06 Waiver of Breach
The waiver by Landlord of any breach by Tenant of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
by Tenant either of the same or another provision of this Agreement.
ARTICLE 7 -HAZARDOUS MATERIALS
Section 7.01
At the time of execution of this Agreement, Landlord warrants that the Premises is clean
and contains no known hazardous materials. Tenant represents and warrants that it will
comply with all environmental laws during the term of this Agreement; its use of the
Premises herein will not generate any hazardous substance, and it will not store or
dispose on the Premises nor transport to or over the Premises any hazardous substance.
Tenant further agrees to clean-up and remediate any hazardous substance on the Premises
and Property, and hold Landlord harmless from and indemnify Landlord against any
release of any such hazardous substance and any damage, loss, or expense or liability
resulting from such release including all attorneys' fees, costs and penalties incurred as a
result thereof except any release caused by the negligence of Landlord, its employees or
agents. "Hazardous substance" shall be interpreted broadly to mean any substance or
material defined or designated as hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other similar term by any federal, state or
local environmental law, regulation or rule presently in effect or promulgated in the
future, as such laws, regulations or rules may be amended from time to time; and it shall
be interpreted to include, but not be limited to, any substance which after release into the
environment will or may reasonably be anticipated to cause sickness, death or disease.
ARTICLE 8 - MISCELLANEOUS
Section 8.01 Force Majeure - Unavoidable Delays
Should the performance of any act required by this Agreement to be performed by either
Landlord or Tenant be prevented or delayed by reason of an act of God, strike, lockout,
labor troubles, inability to secure materials, restrictive governmental laws or regulations,
or any other cause except financial inability not the fault of the party required to perform
the act, the time for performance of the act will be extended for a period equivalent to the
period of delay, and performance of the act during the period of delay will be excused,
provided, however, that nothing contained in this section shall excuse the prompt
payment of compensation by Tenant as required by this Agreement or the performance of
any act rendered difficult solely because of the financial condition of the party, Landlord
or Tenant, required to perform the act.
Section 8.02 Notice
Any written notice or required submittals, given under the terms of this Agreement, shall
be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party
concerned as follows:
To Landlord:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copies to:
and,
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-5622
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6515
To Tenant:
George and Anca Caban
dba Caf6 Express
1000 East Santa Ana Blvd., # 102
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and
transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given three (3) days after
it has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
given twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
Section 8.03 Contract Administrator
The Executive Director of Public Works, or her/his designee, shall be City's
Administrator for this Agreement and all approval and notices required to be given herein
shall be so directed and.addressed.
Section 8.04 Compliance with Laws
Tenant shall at Tenant's own cost and expense comply with all statutes, ordinances,
regulations, and requirements of all governmental entities, including federal and state,
county and municipal, relating to Tenant's use and occupancy of the Premises whether
such statute, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of any court of competent jurisdiction, or the admission by
Tenant in a proceeding brought against Tenant by any government entity, that Tenant has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as
between Landlord and Tenant and shall be considered grounds for termination of this
Agreement by Landlord. Tenant will obtain all permits and other governmental
approvals, required in connection with Tenant's activities hereunder, and update such
permits/approvals as necessary.
Section 8.05 Binding on Heirs and Successors
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors, and assigns of the parties hereto. The provisions of this
Section shall not be deemed to be a waiver of any of the conditions against assignment
set forth herein.
Section 8.06 Partial Invalidity
Should any provision of this Agreement be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this Agreement shall
remain in full force and effect unimpaired by the holding, so long as the reasonable
expectations of the parties hereto are not materially impaired.
Section 8.07 Waste or Nuisance
Tenant shall not commit or permit the commission by others of any waste on the
Premises. Tenant shall not maintain, commit, or permit the maintenance or commission
of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil
Code on the Premises; and Tenant shall not use or permit the use of the Premises for any
unlawful purpose.
Section 8.08 Repairs
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Tenant shall be required to make any repairs to the Premises occurring from damages
caused by Tenant, its employees, agents, contractors, and subcontractors.
Section 8.09 Time of Essence
Time is expressly declared to be of the essence in this Agreement.
Section 8.10 Governing Law
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
Section 8.11 Survival
Terms and conditions of this Agreement which by their sense and context survive the
termination or expiration of this Agreement, shall so survive.
Section 8.12 State of Emergency/Public Necessity
Due to the fact that the Santa Ana Regional Transportation Center has been designated a
Homeland Security Evacuation Center, upon the declaration of a state of
emergency/public necessity, Landlord may, give immediate notice in writing to Tenant to
suspend or revoke normal operation under this Agreement without liability to Tenant
when the emergency/public necessity so requires, or to suspend operation immediately
hereunder temporarily in the event of such public emergency, as may be determined by
the City Manager. Such suspension will terminate as soon as the public necessity or
emergency no longer exists. Tenant shall be compensated for any time of suspended use
or operation by Landlord in the form of an equal amount of time added onto the term of
the Agreement by Landlord (i.e. Tenant suspends operation for 2 months due to state of
emergency, Agreement Term is extended an additional 2 months).
Section 8.13 Conflict of Interest
Tenant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of this Agreement.
Section 8.14 Attorney's Fees
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
I1
Section 8.15 Exclusivity and Amendment
This Agreement constitutes the entire agreement and understanding between Landlord
and Tenant respecting the Premises and correctly sets forth the obligations of Landlord
and Tenant to each other as of such date. Any agreements or representations respecting
the Premises or their licensing between the parties not expressly set forth in this
instrument are null and void. This Agreement or any part of it may not be changed,
altered, modified, limited or extended orally or by any Agreement between the parties,
unless such Agreement is expressed in writing, signed and acknowledged by Landlord
and Tenant, or their successors in interest.
Section 8.16 Captions
Captions used in this Agreement are for ease of reference only and shall not affect the
construction or interpretation of this Agreement.
Section 8.17 Non-Discrimination
Tenant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Tenant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws
and regulations.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above.
ATTEST:
R 4:-) • i2
ATRICIA E. HEALY L
?
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
/ / Gti ?f
Lisa E. Storck
Assistant City Atto y
RECOMMENDED FOR APPROVAL:
Raul Godinez II
Executive Director
Public Works Agency
TENANT - "Cafe Express"
George Cab'an:
Anca Caban: re ?'?--
13
Commercial Certificate of Insurance FARM E R S
.Agency . KIRK MILLER INSURANCE AOENCY
Name . 6048 CORNERSTONE CT W #El Issue Date (MM/DD/YY) 04/29±10
& , SAN DIEGO, CA 92121 l
Address This certificate is Issued as a matter of infornpHon only and confers no rights
upon the certificate holder. This certificate does not amend, extend or alter the
St. 99 Dist. 36 Agent 72 coverage afforded by the policies shown below.
Companies Providing Coverage:
Insured Company A Truck Insurance B.echange
. CAPE EXPRESS teurr
Name . Dba: George Caban & AncaCaban company B Farmers Insurance Exchange
& • 1000 E. SANTA ANA BLVD. Company C Mid-Century Insurance Company
Address • SANTA ANA, CA 92701 teuer
D
Company
Letter _ _
Coverages
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 inspect to which this certificate may be issued or may pertain, the Insurance
afforded by the policies described herein Is subject to all t he terns, excluslons and conditions of such policies. Limits shown may have been reduced by
paid claims. _
Co.
Ur.
Type of Insurance
Policy Number Policy Effective
Date (mh4iDnmi Policy Expiration
Date (MMMI)IM
Policy Limits
General Aggregate t
0
B General tlability 604734217 04/29110 04129/11
Products-Cnmp/OPS ' 4,0
0,000
X Commercial General
Agegate
$2,000,000
Liability Personal &
X - Occurrence Version Advertising Injury $ 2,000,000
Contractual - incidental Each Occurrence S 21000,000
Only Fire Damage
(Any one Orel $250,000
Owners & Contractors Prot. Medical Expense
(Any one pason) I S 5,000
Automobile Liability APPROV ,LD AS '1:10 FORM Combined 314e
All Owned Commercial
Autos
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Limit
Bodily 41n ury
P S
Scheduled Autos -_ -_ _ --- 1,2t _ 4,
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Hired Autos
Non•OwnedAutos
Assist
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(Perabc ot, $
Garage Liability j Property Damage S
Garage Aggregate g
Umbrella liability Limit
--
Workers' Compensation Statutory t
Each Accident $
and Disease . Each Emproyft $
Employers' Liability Disease - Policy Limit g
Description of OperatlonsNehieles/Restrietions/Special Items:
PERSONAL PROPER'L'Y COVERAGE $100,000
Certificate Holder Cancellation
CITY OF SANTA ANA Should any of the above described polities be cancelled before the expiration date
Name ATTN: CAROLYN FULLERTON thereof. the issuing company will. endeavor to mail 30 days written notice to the
& 1000 E. SANTA ANA BLVD. certificate holder named to the left, but failure to mail such notice shall Impose no
Address SANTA ANA, CA 92701 obligation or liability of any kind upon the company. Its agents or representatim
KIRK MILLER
Authorized Representative
66-2492 +-94 copy Vistributton: Service center l;opy ana Agenrs t;opy „w.
ADDITIONAL INSURED ENDORSEMENT
?(R CO?ibitatClAL GLNE[z?L LIABILITY POLICY
Insurance Compan)'._,.--FLc ...?.__.....1`..ra?r
This endorsement modi lies such insurance as is allorded by the provisions of Policy
_ relating to the following:
1. 'The City of Santa Ana, 20 Civic Center Plaza, Santa Ann, California 92701; its
ofti(a- s, ettuployces, agent., volunteers aad reptesentatives are named as additional insureds
("additional i.nsoreds") with tsgard to lW)HRN and defense of suits arising from the openilious
and u:.cs perforated by or on behalfofthe named insured.
2 With respect to claims arising out of the operations and. uses performed by or on
behal l'of the named insured, such i.r_suinace es is aftitrded by this policy is primary find is not
additional to or contributing with any other insurance cairied by Or for the benefit oflhe
additional insureds.
3. '171is insurance applies selNtrately to each insured against whom claim is made or
suit i, brought except with respect to the company's limits of liability. The inelu.sion of any
pet .: a or organization as an insured shall not all'ect any right which such person or organization
wonll have as a claimant if'not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, of
materially reduced in coverage or limits except of ov thirty (30) days written notice has been
givum. to the City of Santa Ana. 20 06c Center Plaza, Santa .Ana, California 9270 1.
(Complet.ioatoflhe following, including countersignature, is required to make this endorsement
effective.)
Elective i/- '1 `9 20 ?c? - y=ms's - z w f this endorsement font as a part of
to 41 E?Lq
???launed Insured
Countersigned by
Authorizes! Representative
Commercial Certificate of Insurance M, a E RS -1i
Agency KIRK MILLER INSIMAINCF AGENC)'
Name * 5941 PACIFIC CENTER BLVD Issne Date (MNt/DD/YY) G4,2(} 1 1
R * SUITE €P 300,SAN DIEC70. C;1 Q121
y
Address !-f" 1 rerr pto is issued as a matter of information only and confers no rights
-
t
ulx
m Ilse c,
f case holder, This certificate does not amend. extend nr alter the
t _
36 A
`? coverage afforded by the policies shoos below. ?
Ker
Dist.
St
Companies Providing Coverage;
Insured 4=ct )era+)y A l l in,unncr t .xrf qn-
CAFE EXPRESS MM
Nanw * Dba: George Ca ban r - Anca C.aban C?-,rwny D Farmers Irismatice Exchange
R• 1000 F.. SANTA ANA BLVD. C.on) o- r
ira.9v• 4 Mid-Century f EksrtranCe t_.7ptTlpiirty
Address SANTA ANA. CA 92741 Low
(-,rwly O
ZOO __
Coverages
II115 is to certify that the pnlicrrx of insurance listed below have been issued rq the insured named above for the policy period indicated, Notwithstanding
any requirement, terns w, onditionof any contract or other docunent with respect to which this certificate may he issued or may pertain. the insurance
afforded by the policies described herein is subject to all the rerr us. ext lusions and conditions of sup l; policies. Limits shown may have been reduced by
paid clailim
Type of Insurance Palley Numi3er
Lu_ Poltev i it Ir. i'ui > 1 t iii m Policv Limits
Ltate MV t ,VV I l i
i, r?
11 General Liability 6047-34217 >l7 (i4??1 ?t 11 I (1.1 enr Ohl A i vv3r
_?7 _'
S4,040,Dp4
X Commercial General (
Proda?ist .?ntptlJPS
Aggregau
000
400
$2
IaabllUs,
Personal fi .
,
X Occurrence 'Version Advertising lrijury T 2,000.000
Contractual, Incidental Each Occurrence
000
000
g 1`
only fare Darnage ,
,
(•Anyonefin,J $ 250.000
Owners fk Cot uractors Prot.' Medical rxpertsr
(Anv one I rv)nl S 5,000
Automobile Liability Combbx+t mgle
l All Owned Commercial i.imft ? S
Autos Rodily Injury
Scheduled Autos (Per persun)
5
} Tired Autos Bodily Injury
Non-Owned Autos (Per accident}
Garage Liability Property Damage g
Garage Aggregate ;
Umbrella Liability Limit
Workers' Compensation Statutory
and Each Accident
I
EmPto s` Liability Disease Nwh E''"
Uisea c - Policy Limit
+
........ ..
Description of (jprratic?r€slVehicles/i:cstric t tnnsl SFxa; sal items;
PERSONAL PROPERTY COVERAGES100,000
City of Santa Ana. its officers, employees, agents, volunteers, and representatives art names as additional insured
Certificate Holder Cancellation
CITY of- SANTA ANA Shol of thv moue described policies be rancelled before the expiration date
Nante ATl"N: Christy Kindig f) i,-f I6r .),,,Ing cbrnpany wilt endeavor to mail 30 days written notice to the
EI 20 Civic Center Plaza certify ere holder named to the left, but failure to noel such notice shall Impose no
Adttr,em SANTA ANA. CA 42701 obligai tun or IiA,ifity of any kind upon the company. its agents or representatives. t
KIRK MILLER
Authorued Representative
...
56 Z4'J? 4 94 Copy Qirtribulinn: Service Center Copy ,
and agent's Copy - -rr d3
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LlAiii.LITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# t? f7'-4 -1 -;_ -t za } _t relating to the following :
1, The City of Santa Ana, 20 Civic Center Plaza. Santa Ana, California 92741; 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 insured, 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 it) 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 °L CI- I I this endorsement form as a part of
Policy 4 "t &a'?m.rl._ ...........................
issued to !"'?s tc?s,._t..........._...._...._._._......_....
Named Insured
C'ountcrsigned by
Authorized. Representative
15-2012 09:19 From:
Commercial Certificate of Insurance
Agcy . Kirk Miller
Aft FARMERS
Name . 5910 Pacific Co1w Blvd Sit 300 W
& ie DD/1FY} I651i4f20t2 _?
• Snit !)icgur CA 92121-6303 ?I
Addrexc • ASR-240-2393
1111.cu Ntrat?1s 11• dt nt.infnruuticu?gnlyauwLWpftlarasttyptar
r,;' upon the arrNm?te (4itd s cwWIM19 duo nul WOW. estend or alter the
St. 99 DIU. 36. Agent 372. - coverage afforded by wlW shun below.
Dnured'
. CAVAN, UC'UR(iE
Name GAFU EXPRESS
R 1000 B SANTA ANA BLVD
Address • SANTA ANA, ('A 92701
- 0: a, oo
To:17145652693 P.213
Comp2nie6 Providing Coverage
t'.nmlwny A Tit" 1s urruae F.nclwst!e
I*W
tnmplny B FBtxttetx lststrtalttat.Etu hairier.
i C Mid-Century itaninnre Cnmpany
r?.,ery 0
1% I.e in rmify that the wAcin of ivow nce Baud below have beta hwW to llw unwed orated abave for the poltay period Indicated. Notwitlntantlim
stgtrtgtikentent. term o ttamNtl»torangrmuatt or mhrr.Mrutwnl.wUh.rc?taA lutivb4lt.Utbc?i0cvbe.malr bt:ispiodar•mf<y.ikc[tdn..the.latupoce .
alrortkd by Ore PUWW dmedibed heroin h strhiea to all Tice tears. exchushms and Cord 16W of such potlckL I.1miti shwwu uuy have beat rW=W by
sad darns.
Ca Policy E0'ective FWWy Fxplixino
7ypr ur I+eurartaa 1°nlkNuwfx r
l tc _ y Date w wnm) Date plwnTYM Policy Utnlts
A GeTTaTaI Liability 604734217 04/29/2012 04/29/2013 Geserel'ARArepste $4,000.000
x commerew Gntrrsl 1'rodnets4:omplors
Liability .AWtIpte.. S 2,(M OM
x 0murratce version Personal &
AAwr 1. t Iv!jury S 2, t
ctmtnaual - Incidental Eah Ocrwrewr t 2.000.000
. only Ftrtrc flvnwge .
(Aar one foieI f 150+000
Onmr+s tL Cwn1actws Prot Medical Expense
9 1A 540a
I1ut0M*le Liability C-Umburledd'•Sa't?g1Y e
AU*Owned A.u' (:warvial / .. LwN r.
5cbedukd AtrttR (bodil In ry
p S..
Hired Autos Rudil Inju
Nem&UwnrdAnks- (Pawlry
S
Garw Lbd>aity Pnq-ty Damage S
Gamy-AWgW.. S..
Umbrella Liability Limit
WWkws' Wilipt' Utim Statutory
and Eitch.Accideat i.
EfffWyers' Liability Ulsew xav. Eniysry<e f
_ f)I.vrxu - PIOU I AM" S
?Orwriprion of Operations NehicWRestrictio s/Special Menu:
1000 E SANTA ANA BLVr). SAN"1'A ANA, CA 92701
CertiPme Holder Cancellation
. CITY OF SANTA ANA Sluadd any +d thr alxovc deur>'Ixul policies be amceprd berme Tbr expbadon date
Ni mr ATTN: CAROLYN FI 1f .T.FRTON dmw . Ore
i>,trirtg a>taperry will eruiovr+r rn mall 11 dsyc written native to the
a 1000 E. SANTA AlgA*BCVI):;" verwieawhnhMr nsntetltalhe"; hop failmt!trnutnl wttreMike lw&hapaw no.
Addrem SANTA ANA.. CA 92701 nbliiptiiae w- ho " of m n( upon the , ib agents or reprtsenadaa.
Audi
orked tarp<aatwrrr
564492 1 p;.. Cagy-MWibuiTo Service E enter Copy and Apt 's Copy y.w
J
MAY.--I$-2012 09:10 From:
ha v- 1.4 1Z 06•: 29p•• TI fag-1
To:1T145652693 P.3/3
K. 4
AQQUICN ll. 1NS1 _ltT) ENDSLE-MRNE
fWLCO MIsRC . GENTRAL1A_Kri:TfY I'tltt
lusurance Company tS ?
-fh?is ?endorsement nuxlifics such insurance as is aff6fded•liy the provi'sions'of Micy
?c.?L._1?. ?,? reldtittg u? thcfollowin?:
1. The Cary of 3aula Ana. 20 Ovic Center Plaza, Santa Ana, Califomia 92701; its
alYimrs, employees, agents, volunteers and representatives are namcd'us additional insturcc6-
('additional.instu%-Aim `witILwpr i to_ liability and defutse of suits arising from the opetmions
and uses performed by or on behalf of the nutned insured.
2. With respect to claittts arising cwt of the operations and-uses pc&rnsed•lsrot?
hdWf of the.namc4 insured., such insurance as is allorded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the,
addlriorttrl•-instrgds.
3. This insurance applies aeparatcly to each insured'agatllscwhamclaioris•trmde-K
suitisbrought except with rm -pcct to the compsny's• limits of liability. The inclusion of any
person or organisation as an insured shall not affect any right which such person or urgetti"
would have as a clai huff if not so ictclade&.
4. With respect to the addWonal insureds, this instuance shall not he cancelled, or
materially nxluc cd in coverage or limits except utter thirty (311) days written notice has bmfK
given.ta.thc.City of.SMa Ana,. 20 Civic Center Plw.a, Santa Aria, California 9:701.
(Completion of the fulio%ving. including countersignature. is required to make this endorsement.
effective.)
Effective !ZQ _ _, this endorsement' form' as a park of
Policy
Issued tc?-i C? E
Named Insured
1
Countersigned by
Attdmrizer} •lbepresets+a?ve