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HomeMy WebLinkAboutC-8207-1 - Landlord Consent to Assignment and Assumption of Lease by Operation of LawLANDLORD CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE BY OPERATION OF LAW THIS LANDLORD CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE BY OPERATION OF LAW ("Consent") is made by the City of Newport Beach, a chartered municipal corporation ("Landlord'), in its capacity as Landlord under that certain Lease dated as of June 22, 1998 (the "Lease") by and between Landlord and Boys' and Girls' Club of the Harbor Area, a California non- profit public benefit corporation (`BCHA'), as Lessee, and attached hereto as Exhibit A. WHEREAS, BCHA has entered into an Agreement and Plan of Merger, pursuant to which BCHA will be merged with and into the Boys' and Girls' Club of Santa Ana, a California non-profit public benefit corporation, ("BGCSA") (the "Merger"), with BGCSA continuing as the surviving corporation and immediately changing its name to "Boys & Girls Clubs of Central Orange Coast" OBGCCOC"), effective as of the closing of the Merger (the "Closing'); WHEREAS, effective upon and subject to the Closing and by operation of law, BGCCOC, as the surviving corporation will succeed, without further action, to all the rights and property of BCHA and will be subject to all the liabilities and obligations of BCHA, including with respect to the Lease; WHEREAS, Landlord wishes to acknowledge and consent to the assignment and assumption of the Lease by operation of law from BCHA to BGCCOC; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord acknowledges and consents as follows: 1. Assignment. Landlord acknowledges that effective upon the Closing and by operation of law, BGCCOC will succeed, without further action, to all rights, liabilities and obligations of BCHA, as Lessee, under the Lease. Any reference to BCHA in the Lease shall be deemed to be a reference to BGCCOC. 2. Notices. From and after the Closing, all notices to BGCCOC, as Lessee under the Lease, shall be addressed to: Boys & Girls Clubs of Central Orange Coast Attn: Robert Santana, CEO 250 N. Golden Circle, Suite 104 Santa Ana, CA 92705 3, Landlord Consent. Landlord consents to (i) the deemed assignment by operation of law of the Lease from BCHA to BGCCOC pursuant to, effective as of and subject to the Closing, and (ii) the acceptance and assumption by operation of law of BGCCOC pursuant to, effective as of and subject to the Closing, of all of BCHA's rights, liabilities and obligations under the Lease. The foregoing consent shall satisfy any requirement under the Lease for Landlord's written consent, including, without limitation, Section 14 of the Lease. 4. Landlord Certification. Landlord acknowledges and agrees that (a) the Lease is in full force and effect and is a binding obligation of the parties thereto; (b) the Lease has not been amended or modified either orally or in writing; (c) BCHA is not in default in the performance of its obligations under the Lease; and (d) the City Council of Newport Beach has acknowledged and approved this Landlord Consent to Assignment and Assumption of Lease by Operation of Law. 5. Parties. The provisions of this Consent shall be binding upon and inure to the benefit of BCHA and BGCCOC and their respective successors and assigns. 6. Further Assurances. BCHA and BGCCOC agree to execute, or to cause to be executed, all documents and instruments reasonably required in order to consummate the assignment herein contemplated, and each and every one of the transactions contemplated hereby. 7. Governing Law. The validity, construction and operational effect of this Consent shall be governed by the internal laws of the State of California, without regard for its choice of law principles. 8. Severability. If any portion of this Consent is held to be unenforceable by a court of competent jurisdiction, the remainder of this Consent shall remain in full force and effect. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the Landlord has executed and delivered this Consent as of the day and year first above written. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / / (M/6 Aaron C. Harp City Attorney ATTEST: q r11C/ Date: "(- �/ By: 0 &1 j 61v�' Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By:j A6 �A Diane B. Dixon Mayor [SIGNATURE PAGE TO LANDLORD CONSENT TO ASSIGNMENT OF LEASE BY OPERATION OF LAW] EXHIBIT A LEASE LEASE (BOYS' AND GIRLS' CLUB) Eastbluff Park THIS LEASE, made and entered into thisQR�_ day of �J ung. , 1998, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation (hereinafter referred to "Lessor"), and the BOYS' AND GIRLS' CLUB OF THE HARBOR AREA (hereinafter referred to as "Lessee"). RECITALS A. The City of Newport Beach holds title to the Eastbluff Park under a Grant Deed from The Irvine Company dated May 17. 1965 as Document No. 11760 in Book 7522, pages 161-166 inclusive, Official Records of Orange County. A copy of said i Deed, designated as Exhibit "A", is attached hereto and incorporated herein by reference. B. Lessee is a non-profit corporation organized under Title 12, Part 4, Division 1 of the Civil Code of the State of California, for the principal purpose of constructing, operating and maintaining recreational centers for boys and girls. C. Lessee and Lessor entered into a 25 year lease for a portion of the Eastbluff Park on June 30, 1971 (hereinafter referred to as "1971 Lease"). The 1971 Lease expired on June 30, 1996. Lessee held over under the terms of the 1971 Lease on a month-to-month basis since the 1971 Lease expired. D. Over the term of the 1971 Lease, and pursuant to its terms, improvements were constructed on the site including a recreation building, a gymnasium and outside basketball court (hereafter referred to as "Recreation Facilities"). Lessee desires to enter into another 25 year lease with Lessor for the Eastbluff Park site and the 1 Recreation Facilities, all as more particularly described on Exhibits "C" and "C-1" (collectively referred to herein as "the Premises"), and Lessee is willing to lease the Premises on the terms and conditions set forth in this Lease agreement. E. It is the intention of Lessee to continue to operate an athletic and educational program which among other things will train boys and girls in such subjects as handicrafts, citizenship, sports and sportsmanship. The Recreation Facilities will be available to children regardless of their place of residence. In addition, recognized church, civic and youth groups will be allowed to use The Premises when they are not in use by members of the Boys' and Girls' Club in accordance with the rules and regulations which have been approved by the City Manager. F. In consideration of the Lease, Lessee is willing to be responsible to maintain the Premises and furnish the necessary trained personnel to operate the Boys' & Girls' Club and programs. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS hereinafter set forth, it is agr&ed as follows: 1. DESCRIPTION OF LEASED PREMISES Lessor hereby leases, and Lessee does hereby accept a lease of the property hereinafter described in Exhibit "B" and as shown on Exhibit "C" attached hereto. 2. TERM The term of this Lease shall be for a period of twenty-five (25) years, commencing on the 18` day of July, 1998 and terminating on June 30,-2023 unless sooner terminated as provided for in this Lease. 2 V 3. CONSIDERATION The consideration for this Lease shall be the payment of rent, Lessee's agreement to construct long term improvements as described in paragraph 7; the continued maintenance and operation of the Premises for the term of the Lease at no cost to Lessor; the commitment of Lessee to operate the facility as a boys' and girls' club as provided in paragraph 5; and the right of Lessor to utilize the facility as provided in paragraph 6. 4. RENTAL Lessee shall pay to Lessor, and Lessor shall accept as rent for the Premises, the sum of One Dollar ($1.00) per year. 6. USE Lessee shall use the Premises, to manage and operate a boys' and girls' club to instruct children of all ages in athletics, handicrafts, and sportsmanship. Lessee shall operate and manage the Boys' & Girls' Club in a manner which does not violate State or Federal discrimination laws. Lessee shall make all services, programs and facilities available to the public on fair and reasonable terms. 6. SHARED USE OF RECREATION FACILITIES A. Use of the Premises shall be shared between Lessor and Lessee on the following basis: \1\ 111 (i) Monday — Friday 3 9 (a) 8:OOam — 2:30pm Sept 1 —Jun 16 Exclusive Use of City, with the following exceptions: Fridays — Club Use begins at 11:OOam Wednesdays — (Sept 1 — Nov 30 only) Club Use begins at 1:30pm Jun 16 — Aug 31 Exclusive Use of Club (b) 2:30pm - 6:30pm All Year Exclusive Use of Club (c) After 6:30pm Nov 1 —Apr 1 Exclusive Use of Club Apr 1 — Oct 31 Shared Use by City and Club (ii) Saturday and Sunday —All Day All Year Exclusive Use of City B. Both Lessor and Lessee shall have access to the Premises including keys for entrance into the Recreation Facilities. Lessee and Lessor shall each maintain a list of authorized personnel who have access to or possession of keys for access to the Recreation Facilities. City's use of the Recreation Facilities shall be for use as a community center or recreation center by the City's Community Services Department. However, Lessor agrees not to schedule use by co-sponsored groups with programs that compete with Lessee's Boys' & Girls' Club programs without mutual agreement of the parties. ' C. The parties shall cooperate in scheduling the use of the Premises in good faith and in a manner which maximizes use of the Recreation Facilities. All conflicts in scheduling for use of the Recreation Facilities which are not resolved by the El Community Services Director shall be determined by the Parks, Beaches and Recreation Commission. D. Lessor and Lessee shall each maintain separate office space and storage within the Recreation Facilities. Lessor shall be responsible for security of all equipment and supplies maintained in Lessor's designated office and storage space. 7. CAPITAL IMPROVEMENTS A. Lessee agrees to construct on the Premises those improvements and repairs described in Exhibit "D", attached hereto and incorporated herein by reference. Construction of improvements and repairs shall be commenced and diligently completed in accordance with the schedule provided in Exhibit "D". B. If any long term improvement. described on Exhibit "D" is completed on or after July 1, 2013 and the useful life of the improvement is longer than the remaining term of this Lease, and the Lease expires and is not renewed, Lessor agrees to pay to Lessee the pro -rata share of the cost of the improvement. The Lessor's share is calculated by dividing the remaining useful life of the improvement as of the expiration of this Lease by the original useful life of the improvement. C. Lessee shall be required to obtain, prior to commencing the construction of any long term improvements, all permits, licenses or approvals that may be required. D. No long term improvements shall be erected or maintained on the Premises unless and until plans, specifications, and structural improvements have been approved, in writing, by Lessor. E. Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, P alteration or installation of any structure, capital improvement, equipment or facilities on the Premises and from the costs of defending such claims, including reasonable attorney's fees. Lessee shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialmen's, contractor's or subcontractor's liens arising from, or any claim for damage growing out of, the work of any construction, repair, restoration, replacement or improvement or any other claim or demand arising from Lessee's operations under this Lease. In the event any lien or stop notices imposed or recorded on the Premises as a result of the construction, repair or alteration of the facility, Lessee shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce the same against the leased Premises. Notwithstanding anything to the contrary contained in this paragraph 7E, if Lessee shall in good faith contest the validity of such lien, claim or demand, then Lessee shall, at its expense, defend itself and Lessor against the same and shall pay and satisfy any adverse judgment that may be rendered thereon, before the enforcement thereof against Lessor or the Premises upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien, claim or demand indemnify Lessor against liability for the same and holding the leased Premises free from the effect of such lien or claim. F. Before the commencement of any work or construction of any building structure or other improvement on the Premises, or of any substantial repairs, alterations, additions, replacement or restoration, in or about the Premises, Lessee shall give Lessor advanced written notice which specifies the nature and location of the intended work. Lessee shall coordinate with Lessor for the scheduling of any work so that the work does not excessively burden Lessor's use of the Premises. A 8. TIME OF OPERATIONS Lessee shall keep the Premises open for use during the periods set forth in Paragraph 6 and shall not substantially alter the type of services provided or facilities offered, without first obtaining the written approval of the City Manager. 9. BUSINESS ACTIVITIES Lessee shall not grant any concession, license, permit or privilege for the conduct of any business or other operation for profit on the Premises without the prior approval of the City Manager. 10. UTILITIES AND TAXES Lessee shall promptly pay for all utility services furnished to it and shall pay before delinquent any general and special taxes or assessments or other governmental charges, if any, which may be levied on the Premises or improvements thereon, or any possessory interest therein arising out of or based upon the leasehold interest throughout the term hereof, or may be imposed upon Lessee as a result of its operations under the Lease. Satisfactory evidence of such payments shall be delivered to Lessor within seventy-two (72) hours of a written request for such information. 11. INSURANCE Without limiting Lessee's indemnification of Lessor, Lessee shall provide and maintain at its own expense during the term of this Lease policies of liability insurance of the type and amounts described below and satisfactory to Lessor. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with Lessor, prior to execution of this Lease and current certification of coverage shall be provided throughout the terms of this Lease. Except for workers compensation, all insurance policies shall add 7 1 Lessor, its elected officials, officers, agents, representatives and employees as I additional insured for all liability arising from Lessee's operations under this Lease. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide: unless otherwise approved by the City Risk Manager, A. Worker's compensation insurance covering all employees of Lessee, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property i damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Lease, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Lessee in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Fire and extended coverage for not less than ninety percent (90%) of the cost of replacement of all insurable improvements on the Premises. Except for worker's compensation, the policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to Lessor. Lessee shall give Lessor prompt and timely notice of claim made or suit instituted arising out of Lessee's operation N l hereunder. Lessee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Lessee agrees that, in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Lessee shall look solely to its insurance for recovery. Lessee hereby grants to Lessor, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Lessee or Lessor with respect to the services of Lessee herein, a waiver of any right of subrogation which any such insurer of said Lessee may acquire against Lessor by virtue of the payment of any loss under such insurance. 12. HOLD HARMLESS A. Lessee shall indemnify, defend, save and hold harmless Lessor, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Lessee, its employees, agents or subcontractors in the operation of the Boys' & Girls' Club and use of the Premises pursuant to this Lease. B. Lessor shall indemnify, defend, save and hold harmless Lessee, its officers and employees, from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of 9 Lessor, its employees, agents or subcontractors in the use of the Premises pursuant to this Lease. 13. MAINTENANCE OF LANDSCAPING AND IMPROVEMENTS A. Lessee to Maintain All Landscaping, Buildings and Improvements Lessee covenants and agrees that during the term of this Lease it will, at its own cost and expense, maintain the grounds, landscaping, Recreation Facilities, equipment and furniture, in good order and repair and in clean, orderly, safe and sanitary condition. As part of required ongoing maintenance, Lessee agrees to paint interior Recreation Facilities every five (5) to seven (7) years. Lessee covenants and agrees that the westerly ten (10) feet, the southerly ten (10) feet, and the northerly five (5) feet of the Premises as described in Paragraph I, above, will be used solely and exclusively for pedestrian walks and landscaping. Lessee shall provide and maintain parking for the Premises in compliance with Use Permit 1503 Lessee shall be responsible for the repair of any damage caused by its members or their invitees. Whenever the Premises are used by Lessor, Lessor shall be responsible for cleaning of the Premises after its use and for the repair of any damages occurring during use by Lessor, or its invitees. B. Lessor May Elect to Repair and Maintain at Expense of Lessee If, in the judgment of the Lessor, such standards of maintenance and repair are not being maintained, it may at its option, after written notice thereof to the Lessee and Lessee's failure to commence in good faith to remedy the same within the time herein provided and thereafter diligently prosecute the same to completion, elect to correct any deficiency, whether it be in reference to grounds, landscaping, building or 10 } improvements. Lessee covenants and agrees to pay to the Lessor on demand any and all sums expended by it in correcting any such deficiency together with interest at the legal rate. If, in the judgment of the Lessor, the disrepair or lack of maintenance constitutes an emergency, the notice herein provided shall be a 24-hour notice to remedy; in all other cases it shall be a 5 -day notice. C. Lessor's Right of Inspection In addition to Lessor's rights to use the Premises as provided in this Lease, Lessor reserves the right by its authorized agents, employees or representatives to enter the Premises upon forty-eight (48) hours advance notice, to inspect the same or any part thereof at any time to attend to or protect the Lessor's interest under this Lease. D. Compliance with Laws, Ordinances and Regulations Lessor and Lessee covenant and agree to comply with all rules, regulations, statutes, ordinances and laws of the State of California, County of Orange, the City of Newport Beach, or any other governmental body or agency having lawful jurisdiction over the Premises or the business, enterprises, or activities conducted thereon, 14. ASSIGNMENT Lessee shall not assign, transfer, sublease, mortgage, hypothecate or give any grant of control of this Lease or the Premises, or any part hereof, either voluntarily or involuntarily, unless first approved by the City Council. 15. RESTORATION If during the term hereof any building or improvement erected by Lessee on the Premises, or any part thereof, shall be damaged or destroyed by fire or other 11 casualty, Lessee shall, at its cost and expense, repair or restore the same according to the original plans thereof, or, at Lessee's option, Lessee may elect to replace such building or improvement, provided that if Lessee so elects, Lessee shall obtain the approval of Lessor of the proposed architectural plans. Any such work of repair, restoration or replacement shall be commenced within one hundred and eighty (180) days after the damage or loss occurs and shall be completed with due diligence, but not longer than one (1) year after such work is commenced unless delay is caused by events beyond the control of Lessee. If Lessee does not wish to repair or rebuild the improvements, it may terminate this Lease by giving Lessor written notice of termination, and if Lessee chooses 'to terminate the Lease it shall be obligated to completely clear and restore the building site to its original condition. 16. DEFAULT AND TERMINATION OF LEASE A. Default Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Lease. If the Lessee shall fail to comply with any of the terms, covenants, or conditions of this Lease, including; Premises; 1. Failure of Lessee to keep current on all utility payments for the 2. Failure of Lessee to keep the Premises in good order and repair and to keep it in a neat, clean, orderly, safe and sanitary condition; 3. Failure of Lessee to provide the long-term capital improvements as identified in Paragraph 7 and Exhibit "D"; 12 herein required; 4. The failure to make payment of rent at the time and in the amount 5. Failure to provide certificates of insurance evidencing insurance coverage as required in paragraph 11 of this Lease; and shall fail to (1) remedy such default within thirty (30) days after service of a written notice from Lessor to do so, if the default may be cured by the payment of money or, (2) commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion or, (3) if Lessee shall abandon or vacate the Premises, then Lessor may, at its option and without further notice or demand, terminate this Lease and enter upon the Premises and take possession thereof, and remove any and all persons therefrom in the appropriate manner provided by law. B. Surrender of Possession upon Termination Lessee covenants and agrees that upon the expiration or sooner termination of this Lease, the Lessee will peaceably surrender the Premises with all buildings and improvements, in the same condition as when received or constructed, excepting reasonable use and wear thereof, and damage by fire, act of God, or by the elements. The Recreation Facilities and all other improvements built, constructed or placed upon the Premises by the Lessee, or anyone holding by, under, or through it, shall remain on the Premises and become the property of the Lessor without any cost to Lessor upon the termination of this Lease, whether by lapse of time or by reason of default, unless the Lessee elects to remove said improvements within sixty (60) days following the expiration or termination of this Lease. The provisions of this section shall 13 be effective upon expiration or termination of this Lease regardless of whether Lessee holds over under the provisions of section E, below. C. Remedies Cumulative The rights, powers, elections and remedies of the Lessor contained in this Lease shall be construed as cumulative and no one of them shall be considered exclusive of the other or exclusive of any rights or remedies allowed by law, and the exercise of one or more rights, powers, elections or remedies shall not impair or be deemed a waiver of Lessor's right to exercise any other. D. No Waiver No delay or omission of the Lessor to exercise any right or power arising from any omission, neglect or default of the Lessee shall impair any such right: or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or of any of the terms covenants, agreements, restrictions or conditions of this Lease. E. Holding Over It is mutually agreed that if the Lessee shall hold over after the expiration of this Lease for any cause, such holding over shall be deemed a tenancy from month-to-month only, and upon the same terms, conditions, and provisions of this Lease. 97. EMINENT DOMAIN In the event the whole or part of the property or improvements is 14 condemned by a public entity in the lawful exercise of the power or eminent domain, this Lease shall cease as to the part condemned upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall have the election of: (1) Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (2) Continuing to occupy the remainder of the property and remaining bound by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of his election hereunder, within thirty (30) days of the date possession of the part is taken by the public entity. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the property by exercise of eminent domain. Lessee shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the improvements constructed by Lessee on the Premises by the exercise of eminent domain, 18. NOTICES It is mutually agreed that any notice or notices provided for by this Lease 15 or by law, to be given or served upon the Lessee, may be given or served by mail, registered or certified, with postage prepaid, and if intended for the City of Newport Beach, addressed to the City Manager,P.O. Box 1768, Newport Beach, California 92659, or at such other address as may be hereafter furnished to the Lessee in writing, and if intended for the Lessee, addressed to its Executive Director, at 2131 Tustin Avenue, Costa Mesa, California, or at such other address as may be hereinafter furnished to the Lessor in writing; or it may be served personally upon any corporate officer of Lessee or person charged with general maintenance responsibilities in connection with the Premises; and that any notice or notices provided by this Lease or by law to be served upon Lessor may be served personally upon the Mayor of the City of Newport Beach or the City Clerk of the City of Newport Beach. Such service shall be deemed complete at the expiration forty-eight (48) hours from and after the deposit in the United States mail of such notice or demand or communication. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR: APPROVED AS TO FORM AND CON ; By: �/ . Rbrbin L. Clauson Assistant City Attorney [signatures continued on next page] - 16 EXHIBIT "A" BGHAR-1 OP ID: CH 111114an1 CERTIFICATE OF LIABILITY INSURANCE ---'-"'—"— xroon•Yrr) DATEtu11/16/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF JINSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED "•.. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: of the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and con iftlons of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such ondorsement(s). PRODUCER 714.677.6800 Fullerton Insurance Service CDI #0698796 714447.0011Pxox 1609 S. Placentia Avenue Fullerton CA 92831 Kevin P. McCarthy INSURED BDgys & Gfrls Club•HarborArea P. O. Box 10297 MME:: o E .MAI ADOREss: INSU S)AFFORDINO COVERAGE we# INSURER A: New York Marine & General Ins. 16608 xsuRERe:Nonproffts Ins. Alliance of CA 1NSURERC: Costa Mesa, CA 92627 _ INSURER D: INSURERE: NSURERF• 1Xcv101VlR NUMULK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IITR TYPE OF INSURANCEPOUCYNUMBER MIA F MMIDD UMITS OFNEMLLIAB]LITY EACHOCCURRENCE S 11600106 B X COMMERCIALGENERALLmiuTY X 201124763NPO 01128111 01128112 pREMI ES Ea S 500,00 CLAIMS -MADE I (OCCUR a MED EXP (ATryol» rson) S 20,00 PERSONAL&ADVINJURY $ 1,000,00 X Prof Ltab&Abuse GENERAL AGGREGATE $ 3,000,00 GENLAGGREGATE UMTAPPUESPER: PRODUCTS -COMP,VPAGG $ 3,00000 , X POLICYFj PfiFf%T F-1RO- LOC S AUTOMOBILE LMBIUTY L� SWING U IT 1,084,00 8 X ANrauro 201124783NP0 01/28111 01/28112 BODILY IWURYtPar penin) $ ALLOWNED SCHEDULED BODILY INJURY(Peracddanl) $ AUTOS AUTOS HIREDAUTOS �OSSVtiNED $ PeraEE S UMBRELLA UAB X OCCUR EACH OCCURRENCE S 1,000,00 B X EXCESS WaO I CLAIM6-MADE Z01024763UMB 01128111 01128/12 AGGREGATE $ 1,000,00 DED I X f RE NnoN 10,000 ' WORKERS COMPENSATIONIOSTATU- X TH- S A AND EMPLOYENTLLAMUTY YIN EIL E.L EACHACCatoIOEHr S 1,000,00 OFFl ERIMEMBER E(CLUUOEM ECUTVE� NIA 0201100000461 11181!11 71101/12 I(UUea, desc6beIn Uunder E.L DISEASE -EA EMPLOYE $ 1,000,00 EL DISEASE -POLICY LIMIT S 1,000,00 DESCRIPTION OF OPERATIONS below B Property Section CW80008277.11 01/28111 01128112 OESf,21Ca 0 OF OPFrtAa YJ,LOCATLONSJVEHICLES (Attach ACORD 101, Aftional Remaft Schad te, N mere space is rege(red) Cartlricate holder i9 a diona{Insured as respect Land Lease Requirement e as respects to general liability policy limits. City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658-8916 HV V mu 40 JavIVIUO) CITYOFN SHOULD ANY OF THE ABOVE DESCRLBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORKEO REPRESENTATIVE L I ne nt;ut to name and 1090 are registered marks of ACORD reserved MAR -10-2005 02:15 AM Arm, CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS) ONLY AND CONFARS NO RIGHTS .0 Ins 8ry - Fullerton Agency _ HOLDER, THIS C8RTIFICATEDOEI _150 E Orangathorpe Ave,#101 ALTER THOCOV RAGRAP.FORDL Plaoentim CA 92070 Phonof714-577-5800 Fax:714^577-5888 INSURERS AFFORDING COVERAGE INSURED INSURERAt eALLd.LWw rn.ue.ne. ca Boys A Girlc Club -Harbor Area INSURERR Attn: Dean MMaoo77re Costa Mesa8A932627INBURERD: P.02 DATe IMMIDWYYYY) NAIL # THE POLICIES OF INSURANCE LISTED BELOW HAVF. RFF,N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPEP100 INOICATCO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER COMMENT WITH RESPECT TO VOUCH THIS CERTIFICATE MAYBE ISSUED OR MAY PCRTAIN, THI: INSURANCE AFFORDED BY THE POVOIEY DESCRIBED HFREIN IS SUBJECT TO ALL TI IC TFRMS, EXCLUSIONS AND CONDITIONS or SUCH POLICIES. AGGREGATE LIMITS 6NOWN MAY HAVE BEEN RCOUCEO BY PAID CLAIMS. LTR N9 �•QE,[NSURAHCE --. POVCY NUMBER MTfi MMIC —TE MND PVLmY VAfITB GENERAL LIABILITY EACH OCCURRENCE $1000000 A X X COMMEROW. GENERAL LIABILITY CLNMS MAOI IOCCUR PHPK107746 01/28/0$ 01/28/06 PAEIAISES EO oepuRntt $10000 MED EXP(MV au P*Mm) 15000 PERSONAL$ADVINJURY $1000000 OENERALAOOREOATE $ 3000000 _ GEN'LAGOREOAVe LIAAM�II�T�VPLIES PER; PRODUCT$ - COMPJOP AGG $1000000 POLICY jEO7 •• LOC ••••�• AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aeetd'al) $ ALL OWNDD AUTOS 6011EDULEDAUTOS DODILYINJVRY y (Pa, P,non) BODILY INJURY (Por RieIdwM $ HIRED AUTO$ NON -OWNED AUTOS PROPERTY DAMAGE $ (POT OcttdOMt I GARAGE LIABILITY AUTO ONLY. EAACCIDENT 6 OTHCR THAN EAACC 6 AZ ONLY: AGO $ ANY AUTO G%CiDBIUMSRPLL4 LaSDJTY EACH OCCURRENCE 61000000 A X OCCUR �cIAIMBMADO PHUB040794 01/28/05 01/28/06 AGGREGATE s'000000 0 J DEDUCTIBLE 1 X RETENTION $10000 WORKERS OOMPEHSATIONANO EMPLOYERS' LIABILITY �ANNyyPROPRIETORIPARTNERIOXEr,UTNP OFFICbWMEMBER EXCLUDEOI If aa, deror160011d6f 84 IAL PROVISIONS bOim TO A1f7S - EL. EACHACOIDENT $ E.L. DISEASE EA EMPLOYEE 6 ^" - E.L. DISEASE • POUCY LIMIT $ _ _ OTHER Ol:SCRIFHON OP OPERATIONS I LOCATIONS J VEHICLES I EXCLUSIOHSAODED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is additional insured respect Land Lease Requirement per CG2026 11-85 1110 day notice of cancellation for non payment of premium" CERTIFICATE HOLDER CANCELLATION CITXOFN $MOULD ANY OF THE ADOVE bESORIEEO POLICIED DE CANCELLED Berm THE EXPIwLnON OATETHEAEOP, THE ISSUING INSUREAWILL ENOEAVORTO MAD. 30 DAYSWAITTEN NOTICE YO THE CERTIFICATE HOLDER NAMED TO THE LEP, BUT FAILURE TO DODO SHALL City of Newport Beach IMPOSE NO OBLIGATION ON LIADILITYOP ANY IOND UFON THE INSURER, ITS AGENTS OR P. O. Box 1768 Newport Beach CA REPREOENTATIVEs. AUTHORRBD REPRESENTATIVE Kevin P. MoCarthv 25 n RK-'1b-40WO bZ;1. Hr. Boys & Girls Club -Harbor Area POLICY NUMBER: PHPK107746 March 6, 2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Nome of Person or O City of Newport Beach Re: Land Leese Requirement (if no entry appears above, intormatlon required to complete this endorsement will be shown in the Declare. tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as an Insured the person or organization shown In the Schedule as an Insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 1'ttlR-ASA-«v.A vs• • .-,.• IMPORTANT otthe n this certificae holder te does Is an not conte Irights to the certIONAL ifiicate hD, the older Inelieu of such a adore mentaorsed. A ) meat If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ffSW hr\MyN-24 Name: Fax: Phone: From: Date: Subject: Pages: I BOYS & GIRLS CLUB OF THE HARBOR AREA nn W fax ( Sean Levin 949-844.3166 949.844-3169 Sandi Scheafer March 9, 2006 Additional Insured Renewals 4lncluding cover page 2131 Tustin Avenve, Costa Mesa, CA 92617 'fel: (949) 642-2243 Fax: (949) 642.9855 o��EWPoR� CITY OF NEWPORT. BEACH a CALIFORNIA i City 71a1t C74F077�`' 3700 W. Newport Blvd. Ama Code 714 LMTF, Februnro L1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1958 Description of Contract Basketball Ct/Baetbluff Branch Bole' Club Authorized by Resolution No. 9248 , adopted on 12-19-77 Effective date of Contract rebruery 1 1978 - - - Contract with Haw rt -Mara Unified School District Address 1857 Placentia Goatiltuse CA 92627 !mount of Contract — -UITY ler I February i, 1978 , i MEMO TO TME FILE: Copies for transmittal to interested parties to Cal Stewart tbis date, i Ethel'=" - • i i LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of �': �: -: , 1976, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation, herein- after referred to as "CITY", and the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, hereinafter referred to as "DISTRICT"; W I T N E S S E T H: WHEREAS, by agreement dated June 30, 1971, as amended December 17, 1973, City has leased a certain portion of Eastbluff Park to the Boys' Club of The Harbor Area for the construction of a Boys' Club facility and recreation centers and I WHEREAS, the Boys' Club proposes to add an outside basketball court to the rear of the Eastbluff branch as depicted on the attached drawing marked Exhibit "A" and made a part herein by this reference; and WHEREAS, upon completion of construction, the Boys' Club will dedicate said basketball court to City for use by the general public when not being used by the Boys' Club; and WHEREAS, said basketball court as proposed will encroach into the Eastbluff Elementary School property owned by District by approximately forty-five (45) feet; and WHEREAS, City seeks permission from District to go upon said District -owned property for the purpose of allowing the installation of said basketball court; NOW, THEREFORE, in consideration of their mutual promises as hereinafter set forth, the parties hereto agree as follows: M 1: District shall allow City, acting through the Boys' Club of the Harbor Area, to go upon District's property as herein described in Exhibit "B" attached hereto and made a part hereof by this reference, for the purpose of construction, maintenance and operation of an outside basketball court. 2. City agrees to indemnify, defend and hold District harmless from all demands, claims, liability, or damages arising out of or resulting from injury or death to persons or damage to property which might occur on said property. 3. This License Agreement is revocable and may be terminated by District, at any time by giving City one hundred and eighty (180) days prior written notice of its intention to terminate. 4. Should District terminate this License Agreement, City agrees to remove said basketball court and any improvements from District's property and restore said property to, as near as possible, its original condition. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed the day and year first above written. ATTEST: 14 ` / i�l'i•L j�tf+-cow) City CleVX aTY OF • BEACH ' . -- NEWP -MESA UNIFIED SCHOOL DISTRICT APPROVED AS TO ORMt 1� By I %� C Attorney, APPt VE D AGREED TO B TH YS' CLUB OF THE HARBOR AREA: PDO/bc 12/8/77 o, L� I �� laQ yl6r� Hl b I i Q S - A Y 1 V E X H TBIT "Fs" f' „Y L� I �� laQ yl6r� Hl b I Q S - A Y 1 V M so -- �� �--- •OCL i R� \ CITY O= PSD POFl- BEACH Pufm-16 WO,R—KS DEPARTMENT 1j/J0/7/U/! 70 Z,1,676 -'1-Z111- ' 0 T!'OF I j .. i I I ME 110: i.1c'VIWR F WRECTO i - w3f.m.lNo lo. DEC 19 1917 . Y W K44" RESOLUTION NO. 9248 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT FOR EASTBLUFF BRANCH BOYS' CLUB BASKETBALL COURT WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Newport -Mesa Unified School District for the Eastbluff Branch Boys' Club Basketball Court; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the' best interest of the City to authorize the Mayor and City Clerk to execute said agreements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Newport Beach, ADOPTED this 19th day of December , 1977. ATTEST; City Clerk DAO/bo 12/16/77 i MAY -25-2010 10:55 AM ®coRa� CERTIFICATE OF LIABILITY INSURANCE al �' rnaauDbn L�pgR D C N 'Ip I$ Issue I rulZe>rton IITeurance service q 7fijiTN 1 1A 1150 E Orangethorpe Ave,#101 Placentia CA 92870' Phone. 714-577-5000 rax:714-577-5888 INSURERS AFFORD)NO COVERAOR INSURER B noys S Girls Club—Harbor Area INSUREn P. O, Box 1 297 WdSUNERD: COStEt Meea 92627 DATE (MMAMYM NAIL # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIRSMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED eV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMU, EXCLUBIONB AND OONDTTN)NB OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INDMORN TYPEOFINDURANCR POUCYNUMDRR pA D ATE M DB LIMITS OENERAL IJASIU EACH OCCURRENCE $ 1000000 PREMEIEB EU occlaeulcA $ 100000 B X X CCMMERCW-OENERAL1 201024763NPO 01/28/10 01/28/11 OCCUR CLAIMS MADE FX OCCUR MEDEXR A¢Y WQ efaPA) $ 5000 X PEREOWL$AnVImjm?y $ 1000006 Pro£ Liab 6 ceNERAI AcceenATE S 300000 X Sexual_ Abuse PRODUOTS-COMP/OPA00 $ 3000000 CENLAODREOATE LBARAPPUES PER: X POLICY P LOC g A910MODIOLL0110Y X _ - ANY AUTO 201024763HPO 01/28/10 01/20/11 C IN SINGLE LQ$R $1000000 (Ee Rcd m) ROGLYINJURY pmpeaen) $ ALLOWNEOAUTCE BCHEDULEDAUTos S NY1NJURY RecaOe¢q $ HREDAUTOS NON.OWNEDAUTOE rR01141DR 10)AMAOE $ eATAOS LWIUTY AUTOONLY-RA ACOOENT OTHER THAN EAACO $ AUTOONLY, A00 9 ANYAUTO EXCESDMMORELLA DABILHY EACH OCCURRENOE $ 1000000 B X OCCUR FICINMSMACE 20102476SUMB 01/28/10 01/28/11 nccREanTE $ 1000000 $ B DlDUCT19La $ X RETENTION $10,000 WORMER$ COMPENSATION AND X ITISMIAK A EMPLOYERS' LIARIUTY ATry ppRDPmeTORmaRnreW(UEXecunvE OFFICERMEMBEREXCLUOEW 6600001131-091 11/01/09 11/01/10 EL EACHACODEW $ 1000000 ^_ N,L,DISEASE-EAEMPLOYE S 1000000 Ry u tlLPRUIONS ! beIeR DPE�Iatab E.L.b1S9ASE-P0IJCYLPUT $ IOOOOOO OTHER B Property Seotion MM0000277-01 01/26/10 01/20/11 pES RIFs NOrtlfERAnONS/LOCABCNS/VM1H L!S/BXCLU I N ADDbD SY CN lMBNT/ PRCIALlM1 I DNS Certificate holder in additional insured as respect Land Leann Requirement aa, reapecte to general liability policy limits. *10 day nOtiOe of cancellation for non psyment of premium. CERTIFICATE HOLC City of Newport Beach P, 0, Pox 1760 Newport Beach CA 92658-8915 CITYOEN i UHUMUnHT Ur TnMAaW= U¢a¢rvom Fw I— e¢urnnrn DATE WEREOr,THE q$IMNO INSURERVALL ENDEAVOR TO MNL 30* DAYSWNTMH NOTIVE To THE OEM1TNaAY! UQLb9kMM!D TO THE LEFT, RUTTNLURRTO DO BD BRALL IMPOSE NO GSUOATIM OR UARIOV OP AMY KIND UPON THE INSURER RS AOWTS on IVFi'r_ZO_YJlu lu;06 HI.1 Insured: Boys & Girls Club of Harbor Area Policy #: 201024763NPO COMMERCIAL GEN9114 LIABILITY CO 20 20 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL. INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 8CHI=PULE Or Any person or organization that you are required to add as an additional Insured on this policy, under a written contract or agreement currently in effect, or becoming effectiVe during the term of this policy. The additional Insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. to eootion II — Who Is An Insured is amended to in- clude as an addltlonnl Insured the parson(s) or organl- zatlon(s) shown In the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by your acts or omissions or the acts or omis- aione of those acting on your behalf: A. In the performance of your ongoing operations; or S. In connection with your premises owned by or rented to you. CO 20 28 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 f9RY-Z'-ZU10 1N:0� RN BOYS & GIRLS CLUB OF THE HARBO AREA Fax Nome: City of Newport Beach Recreation and Senior Services Dept Fax: (949)644-3155 Phone: from: Sandi Scheafer Date: May 25, 2010 Subject: Insurance Verification per Lease Requirement Pages; 4 (includes cover shoot) Attached is a current proof of insurance, which includes a Certificate of Insurance and Additional insured Coverage. If you need any additional information or have any questions, please contact our office. Thanks, Sandi 2131 Tustin Avenue, Casta Mrsa, CA 92617 Tal: (949) 642-2245 Fax: (949) 642-88,55 IacaRD CERTIFICATE ®F LIABILITY INSURANCE BGHAR 1 DA 02/27/09 ) PRODUCER Fullerton Insurance Service 1150 E Orangethorpe Ave, #101 Placentia CA 92870 Phone: 714-577-5800 Fax: 714-577-5888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED v Boys S Girlsg Club -Harbor Area P. O. BOX 1V29'7 Costa Mesa CA 92627 INSURER A: No .Profiyc Tne. Allianaa of G INSURERS: INSURER INSURER D: 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. LTR NSRZ TYPE OF INSURANCE POLICYNUMBEIT DATE M E POW MMfOD LIMITS OFNEMLIASIINY EACH OCCURRENCE $1000000 A X X COMMERCLALGENERAL LLVIILIIY 200929763NP0 01/28/09 01/28/10 PREMISES Eaomure 3100000 CLAIMS MAGE Fil OCCUR MED EXP (Any d person) $ 5000 PERSONAL& ADV INJURY $1000000 GENERALAGGREGAIE s3000000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-CCMPATPAGG $ 1000000 X I POLICY MOT F1 Loc A AUTOMOBILE X LIABILITY ANYAUTO 200924763NPO 01/28/09 01/28/10 COMBINED SINGLE DMR $ 1000000 (E88ta°B1d) SODLYINJURY (Per Parsee) $ ALLOWNEDAUFOS SCHEDULEDAUTOS BODILY INJURY (Peraoddent) $ HIREDAUTOS NON-OWNEDAUTOS PROPERTYDAMAGE $ (PeraWdenq _ GARAGE LLASLnY AUTOONLY-EAACCIDENT $ OTHERTHAN EAACC $ --_ AUTOONLY: AGG $ ANYAUTO EXCESSNMORELLAIIABIL)TY EACH OCCURRENCE $ 1000000 A X1 OCCUR F—I CLAUIsMADE 200924763UbMNPO 01/28/09 01/28/10 AGGREGATE $1000000 3 $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS WORKERS COMPENSATION AND TO ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIFXECUTNE E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ OFFICERMEMBER EXCLUDED? ffpyns davAl under SPECIAL PROVISIONS bet" E.L. DISEASE -POLICY LRhR I $ On@R A Property Section CWB00082770024763 01/28/09 01/28/10 DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Certificate holder is additional insured as respect Land Lease Requirement. *10 day notice of cancellation for non payment of premium. ucr<I In�rT I c nvL,��rt City of Newport Beach P. O. Box 1768 Newport Beach CA 92658-8915 CITYOFN I SHOULDANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRAM DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL 30* DAYSWmTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFXLURE TO DO 60 SHALL REPRESENTATIVES. OR UA131UTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Insured: Boys & Girls Club of Pomona COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. :1 q * . • :111M w 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Or anization s Any person or organization that you are required to add as an additional Insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional Insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. Section If — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13