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HomeMy WebLinkAboutC-5462 - Bill of Sale Agreement for City Hall TrailersM BILL OF SALE AGREEMENT WITH K.A.P. ENTERPRISE FOR CITY HALL TRAILERS THIS BILL O it LE AGREEMENT ( "Agreement ") is made and entered into as of this 161 day of 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and K.A.P. ENTERPRISE, a California general partnership whose address is 33491 Pencin Road, Menifee, California, 92584, CA State Contractor's License Number 756265 ( "Buyer "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City presently owns and desires to sell one singlewide trailer (Building F) and two doublewide trailers (Buildings G and 1) (collectively, these trailers, as further described in Section 1 below are referred to herein as the "Property "). C. The City and Buyer desire to enter into this Agreement to set forth the terms of purchase of the Property by Buyer. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties that this Agreement is made for the purchase and sale of the Property on the following terms and conditions as set forth herein. City, in consideration of the covenants and agreements of Buyer hereinafter set forth, does hereby agree to sell, transfer, assign and convey unto Buyer, its successors and assigns the Property including, but not limited to the following: One singlewide trailer with associated stairs and access ramps with Commercial Coach number 1377150 (Building F); One doublewide Division of State Architects ( "DSA") class trailer with associated stairs and access ramps with Commercial Modular numbers 153037 and 153036 (Building G); and One doublewide DSA class trailer with associated stairs and access ramps with Commercial Modular numbers 153034 and 153035 (Building 1). Collectively, the "Property" is further depicted in Exhibit 1, attached hereto and incorporated herein by reference, 2. AS -IS PURCHASE It is expressly understood and agreed that Buyer has fully examined the Property located at 3300 Newport Blvd., Newport Beach, CA 92663 (the "Site') and has relied on its own discretion and judgment with regard to the transactions contemplated hereunder. Except as expressly provided herein, the Property is sold on an "as is" basis, with no representations or warranties of City of any kind, type or nature, including, without limitation, any representation or warranty regarding the value, compliance with specifications, age, use, merchantability, design, quality, description, durability, operation or conditions of the Property, whether visible or not. 3, CONSIDERATION In consideration of the total sum of Two Thousand Three Hundred Dollars and 001100 ($2,300.00) the City agrees to sell and Buyer agrees to buy the Property. 4. PAYMENT TERMS Buyer agrees to pay One Thousand Dollars and no /100 ($1,000.00) as deposit due upon execution of the Agreement; and Buyer further agrees to pay the balance due of One Thousand Three Hundred Dollars and no /100 ($1,300.00) prior to the commencement of removal of the Property from the Site by Buyer, but no later than 30 days after initial deposit is paid, whichever is earliest. 5. COSTS Buyer shall pay all taxes, costs, and fees imposed by any governmental entity as well as all operating costs and expenses. Buyer shall disconnect and cap all utilities currently serving the Property, with the exception of the electrical serving Building F which shall be disconnected by City. Buyer shall remove and lawfully dispose of stairs and access ramp for Building F, and will remove and transport off the Site the stairs and access ramp for Building G and Building I. Further, the Property, at Buyer's sole cost and expense, shall be disassembled and transported off the Site. Buyer shall take every effort to preserve in -place all landscaping and improvements around Property and shall leave the Site surrounding the Property in good condition. City shall provide one 40 yard roll -off trash dumpster for Buyer's use during removal of the Property. The Project Manager (as defined in Section 8 below) and shall notify the Sale Administrator (as defined in Section 9 below) upon completion of the removal of Property from the Site. Upon confirmation of payment in full as set forth in paragraph 4 above, the City agrees to promptly execute all necessary papers, all attached hereto as Exhibit 2, and incorporated herein by reference, and to take all necessary steps to transfer ownership and registration of the Property to Buyer. Buyer shall bear all costs associated with the transfer of ownership and registration and shall pay said amount prior to receipt of the Property. 7. RISK OF LOSS Until City is in receipt of full consideration for the Property, the entire risk of loss with respect to the Property shall be borne by the City. Upon Buyer's commencement of the removal of the Property from the Site, Buyer expressly agrees to assume the entire risk of loss with respect to the Property. 8. PROJECT MANAGER Buyer shall designate a Project Manager, who shall coordinate all phases of the removal of the Property. This Project Manager shall be available to City at all reasonable times during the Agreement term. Buyer has designated Peter Padilla and/or Adam Padilla to be its Project Manager. Buyer shall not remove or reassign the Project Manager without the prior written consent of City. 9, ADMINISTRATION This Agreement will be administered by the Community Development Department's Real Property Asset & Management Program. Seimone Jurjis, Building Manager, or his designee shall be the Sale Administrator and shall have the authority to act for City under this Agreement. The Sale Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Hr V• To the fullest extent permitted by law, Buyer shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to this Agreement, the breach of any term of this Agreement or the Property. Notwithstanding the foregoing, nothing herein shall be construed to require Buyer to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Buyer. 11. CLAIMS The Buyer and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Buyer shall be required to file any claim the Buyer may have against the City in strict conformance with the Government Claims Act (Government Code sections 810 et seq.). 12. INSURANCE Without limiting Buyer's indemnification of City, and prior to commencement of work, Buyer shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit 3, and incorporated herein by reference. 13. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Buyer. 14. COMPLIANCE WITH ALL LAWS Buyer shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including, but not limited to, federal, state, county or municipal, whether now in force or hereinafter enacted. 15. NO ATTORNEY'S FEES In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 16. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 18. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement any other attachments attached hereto, the terms of this Agreement shall govern. 19. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 20. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Buyer and City and approved as to form by the City Attorney. 21. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 23. COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: L� /-)-//-� By: I Aaron rp City Attorney rl, ATTEST: Date: �r ' 1. 1---3 By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: TSAI yl By: i David KiTJ City Manager BUYER: K.A.P. ENTERPRISE, a California general partnership Date: L l I By: Name. ete Padilla Title: Partner j Date: �// l/1� By:� Name: Adam P Title: Partner [END OF SIGNATURES] Attachments: Exhibit 1: Property Exhibit 2: Transfer Forms Exhibit 3: Insurance Requirements EXHIBIT 1 PROPERTY y i. + .�r!T'3 ti.:;."��4 '�'iO Si ���6�1• -... ...:N MN pk;l t'NMt1{IetNN R Modular unit locations on City Hall site. Building F — singlewide commercial coach Building G — doublewide commercial modular Building I — doublewide commercial modular :. .. _-- ; WFIK � k ixs "- fix -; Building I — stairs Building I & G — ADA ramp and stairs Building G — stairs EXHIBIT 2 Transfer Forms Certification of Retail Value and Purchase Price form for: - Commercial Coach number 1377150 (Building F) - Commercial Modular numbers 153037 and 153036 (Building G) - Commercial Modular numbers 153034 and 153035 (Building 1) Notice of Sale form for: - Commercial Coach number 1377150 (Building F) - Commercial Modular numbers 153037 and 153036 (Building G) - Commercial Modular numbers 153034 and 153035 (Building 1) State of California BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS REGISTRATION AND TITLING PROGRAM PO Box 2111 Sacramento CA 95812.2111 1 800 9528356 www.hcd.ca.gov NOTICE OF SALE OR TRANSFER ATTENTION: THIS FORM IS TO BE USED ONLY WHEN YOU SELL OR TRANSFER YOUR MOBILEHOME OR COMMERCIAL COACH. AT THAT TIME COMPLETE, SIGN, AND RETURN TO THE ADDRESS STATED ABOVE TO REPORT THE CHANGE OF OWNERSHIP, SECTION 1: Enter the following information that describes your unit: Decal /License plate number(s), Serial(s) number, and Trade name of Unit. SECTION II: Enter the sale price and the date of sale /transfer including the month, day, and year. SECTION III: Enter the full name and mailing address of the new ownedbuyer(s). SECTION IV: Enter date, city, and state indicating where and when this form is being executed. SELLER(S) MUST SIGN and print their names(s). SECTION 1, DESCRIPTION OF UNIT Decal Number(s) { I Serial Number(s) I Trade Name 0 e For the sum of $ '21 500 , "3 the receipt of which is hereby acknowledged, I /we did sell, transfer and deliver to the purchaser /owner named below, on , my /our right title and interest in the unit described above. Date of Transfer Name: I /we certify under penalty of perjury under the laws of the State of California that: 1) I/We are the lawful owner(s) of the. unit, and 2) I/We have the right to sell it, and 3) I/We guarantee and will defend the title to the unit against the claims and demands of any and all persons arising prior to this date, and 4) the unit is free of all liens and encumbrances. I/We certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed On 'Ass 113 at "t �lPOT RCA AA C, Signature of S¢ Printed Name: HCD 476.8 (RE' STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS REGISTRATION AND TITLING PROGRAM CERTIFICATION OF RETAIL VALUE AND PURCHASE PRICE O0$1NG ,9 CI ■ v Z O Location (situs) Address: " StreetAddress City State zip SECTION IL MANUFACTURED HOME OR MOBILEHOME DESCRIPTION Manufacturer Name: tAUo -Y" SC 'Rade'llame: t".& 1 . Model Name or #: Date of Manufacture (DOM) If D M Unknown, Enter Date First Sold (OFS): Decal (License) Number(s) Manufacturer Serial Number(s) Exclude Hitch and Roof Overhang Width Feet Len th Feet c i yl '0 40 POPOUT If a single section is expandable, the dimensions of the expanded EXANDO ROLLAWAY portion(s) must be measured separately and reported here. > > SECTION Ili. SALE PRICE AND VALUE STATEMENT 1. The manufactured home or mobilehome was purchased on (month/day/year): ... . Z The actual sales price (total contract price) is: ........... ...... . ................. R 3. The retail value as obtained from the value guide is: ............. . . ... . ............. R I/We obtained this retail value from (check appropriate box): ❑ Kelley Blue Book ❑ National Automobile Dealers A Retail Value Statement from HCD Assoc. Appraisal Guide (NADA) � (Appearing on the reverse side of this form) 4. State/Local use tax computed on the retail value or actual sales price is: .......... (� (See `INSTRUCTIONS" on the reverse side of this form.) } � 5. State /Local use tax was computed from (check appropriate box): ❑ Actual sales price as shown in items #2 above ❑ Retail value as shown in items #3 above. that the foreaoino is true and correct. Executed on "l"tt_I It' ✓ PLEASE READ INSTRUCTIONS COMPLETELY BEFORE COMPUTING USE TAX 1. To request a retail value quote from HCD, complete SECTION Vi, mail this form to HCD, P.O. Box 21111 S cramento, GA 95612 -2111, fax to (916) 323 -9249, or send via electronic mail to RVAdmin hcd ca.aov. 1g(bre&- 2. Upon return by HCD, complete and sign Side 1 of this form and submit with your application for transfer of ownership. Determine the use tax as follows: A. Use tax is to be computed on the retail value of the manufactured home or mobilehome as determined by the Kelly Blue Book or the National Automobile Dealers Association (NADA) Appraisal Guide; OR If the actual sales price of the manufactured home or mobilehome is less than the value derived from the Kelley Blue Book or the NADA Guide, use tax is to be computed on the "ACTUAL SALES PRICE" which means the total contract price, including but not limited to, the value of the manufactured home or mobilehome, in place location, awning, skirting, carport, patio, landscaping, shrubs, unattached furnishings, or other items not part of the manufactured home/mobilehome, and documentation fees. B. To compute the use tax due, multiple the retail value or the actual sales price by the appropriate rate of use tax for the county in which the manufactured home or mobilehome is located. You may contact the State Board of Equalization for the current use tax rate or you may obtain this information from the Board of Equalization's website: www.boe.ca.gov. Round the use tax to the nearest dollar, i.e., 50 cents or less, drop to nearest dollar; 51 cents or more, raise to the nearest dollar. (To be completed by buyer or buyer's representative and submitted to HCD) Name: LfiAy"tt W File Number: Date:--" :t Address: elephoneNumber: --3� _ Fax :L99A)(v4 °`2'%c5v WiLw VedM J� C Email Address: IW60 t�P -1OV Manufacturer Name: 0 t G. Trade Name: Unttm mokw Model Name or #: 1 +,04 Dale of Manufacture (DOM): �tZ i If DOM Unknown, Enter Date First Sold (DFS): Decal (License) Number(s) Manufacturer Serial Number(s) Exclude Hftch and I roof Overhand Width (Feet) Length Feet C °i $ �af7�tvo ('90 Either Value Guide) Date: HCD Clerk's Initials: HCD Office: POPOUT If a single section is expandable, the dimensions of the expanded EXPANDO ROLLAWAY portion(s) must be measured separately and reported here. > > SECTION Vii. MOBiLEHOME RETAIL VALUE STATEMENT - FOR DEPARTMENT USE ONLY manufactured home or mobilehome description above, QTelephone Request QSubmitted Request rcn was omaineo Trom ❑HCD File Information ❑Submitted Application The retail value(s) have been derived from the two recognized value guides and are as follows: 1. L J NADA Appraisal Guide. 2. ?�— Kelley Blue Book (Manufacturer Name, Trade Name, or Model Name Specified and Listed) 3. Kelley Blue Book Chart 1 (Manufacturer Name, Trade Name, or Model Name Not Specified or Not Listed in Either Value Guide) Date: HCD Clerk's Initials: HCD Office: HCD 476A —Side 2 (REV 4208) PLEASE READ INSTRUCTIONS COMPLETELY BEFORE COMPUTING USE TAX 1. To request a retail value quote from HCD, complete SECTION VI, mail this form to HCD, P.O. Box 2111, Sacramento, CA 95812 -2111, fax to (916) 323 -9249, or send via electronic mail to RVAdmin@>hcd.ca.00v. � CA jg3. 2. Upon return by HCD, complete and sign Side 1 of this form and submit with your application for transfer of ownership. Determine the use tax as follows: A. Use tax is to be computed on the retail value of the manufactured home or mobilehome as determined by the Kelly Blue Book or the National Automobile Dealers Association (NADA) Appraisal Guide; OR If the actual sales price of the manufactured home or mobilehome is less than the value derived from the Kelley Blue Book or the NADA Guide, use tax is to be computed on the "ACTUAL SALES PRICE" which means the total contract price, including but not limited to, the value of the manufactured home or mobilehome, in place location, awning, skirting, carport, patio, landscaping, shrubs, unattached furnishings, or other items not part of the manufactured home/mobilehome, and documentation fees. B. To compute the use tax due, multiple the retail value or the actual sales price by the appropriate rate of use tax for the county in which the manufactured home or mobilehome is located. You may contact the State Board of Equalization for the current use tax rate or you may obtain this information from the Board of Equalization's website: www,boe.ca.gov. Round the use tax to the nearest dollar, i.e., 50 cents or less, drop to nearest dollar; 51 cents or more, raise to the nearest dollar. SECTION Vl. REQUEST FOR MOBILEHOME RETAIL VALUE STATEMENT FROM HCD (To be completed by buyer or buyer's representative and submitted to HCD) Name: LQ „-, 0& File Number: Date: - 41f lls Address: t 0D C(V!O UtAt Wks Telephone Number: t `S� I0�9” 234P _ Fax:64 —q ie 1 32FA _ NgM(7s„'�g,(.rtlC�t'`�2itt1D ,_, Email Address: lWPa-1i0YTlydY3itGAr,g„d`Ao\1 Manufacturer Name: 1 n A ll Trade Name: Model Name or #: Date of Manufacture (DOM): If DOM Unknown, Enter Date First Sold (DFS): Q f t3® Decal (License) Number(s) Manufacturer Serial Numbers) exclude Hitch and Roof Overh n Width (Feet) Length (Feet) CJ°�03 1`x'33 4V POPOUT if a single section is expandable, the dimensions of the expanded ExPANOO must be measured separately and reported here. ROLLAWAY portion(s) p y p > > SECTION VII. MOBILEHOME RETAIL VALUE STATEMENT - FOR DEPARTMENT USE ONLY manufactured home or moblehome description above, which was obtained from QTelephone Request [—]Submitted Request ❑HCD File information ❑Submitted Application The �rrettail value(s) have been derived from the two recognized value guides and are as follows: 1 t�— NADA Appraisal Guide. 2.� —�� Kelley Blue Book (Manufacturer Name, Trade Name, or Model Name Specified and Listed) 3. Blue Book Chart 1 (Manufacturer Name, Trade Name, or Model Name Not Specified or Not Listed in Either Value Guide) Date: HCD Clerk's Initials: HCD Office: HCD 476A -- Side 2 (REV 0208) Policy Number. 846B003--36 COMMERCIAL GENERAL LIABILITY H (ompnnies DECLARATIONS Named Insured: EffectiveDato: KAP ENTERPRISES 05/34/2022 Mom 1_ LIMITS OF INSURANCE $2,000,000 General Aggregate Limit (Other Than Products - Completed Operations) $ INCL. -:N GEN. ACS. Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each occurrence Limit $100,000 Damage To Promises Rented To You Limit (Any One Premises) $ 5, 000 Medical Expense Limit (Any One Person) Refer to individual policy forms and/or endorsements for various coverage sublimits, if applicable. Item Z AUDITPERIOD (IfAppiicab)e): Q Annually © Semi-- Annualy El Quarterly ❑ Monthly Item 3. FORM(S) AND ENDORSEMENT(S) made partofthispoltcyattimeofissue: See Listing of Forms and Endorsements (iFG -1 -0150) Item 4. COMPOSITE RATE Q lfboxischocked, seeCompositeRateEndorsement( IFG- 1 -0152)forapplicableclassification ,rates and premiums. Ifbox is notchecked, seepage 2 ofthese Declarationsforapplicable ctassWwations, rates and premiums. Item 5. RETROACTIVE DATE (CG 00 02 only) : Coverage A of this Insurance does riot apply to - bodily injury" or "property damago"which occurs before the Retroactive Date, if any, shown here: (Enter Data or "None" If no Retroactive Data appttaB. Item 6. PREMIUMS $ 550.00 TotalCoverage Part AdvanceProrruun $ Coverage Part MinimumPremium (if applicable) These Declarations are part of the Policy Declarations containing the name of the insured and the policy period. IFG- G- 0002 -DL 0503 Page 1 of2 ACCOUNT NUMBER 931-331959 Refer to this number on all correspondence NOTICE OF ACCEPTANCE SUBJECT TO VERIFICATION BY INSURANCE COMPANY(IES) Best Choice Premium Finance P.O. Box 4312 Woodland Hills, CA 91385.4312 Phone: (888) 876-4000 wwwipthetoccess.comtbesfchoice NOTICE DATE 10/21/2011 cnecu your accounromine: Your usemame is y i - ssysoa . Yourpasswora is - uaysroa umess you nave cnangea a Borrower (00933599) Agent or Broker K A P ENTERPRISE (BTIS) COMMON SENSE INSURANCE SERVICES P O BOX 482 Ebrahim Sabeti SUN CITY, CA 92586 3400 Irvine Ave Ste 216 Newport Beach, CA 92660 CONTRACT INFORMATION A B C D E F Total Premium Down Payment Amount Financed Finance Charge Total of Payments Annual Percentage Rate Total Must Agree with Box "A" (A minus B) 575.00 (C plus D) 575.00 115.00 460.00 7226 532.26 36.260 The Amount of Credit to The Amount the Credit The Total Amount to be Cost of the Credit as a be Paid will Cost Paid Yearly Rate PAYMENT SCHEDULE (Monthly) Number of Payments Amount of Each Payment I Date First Payment Is Due Day of Month Due 9 59.14 11/8/2011 8th SCHEDULE OF POLICIES Policy Number Effective Date Insurance Company Premium Taxes/Fees 04- BCO20132 10/8/2011 NAVIGATORS INS CO C/O 575.00 0.00 Total Must Agree with Box "A" Above >>> 575.00 TO THE INSURED We are pleased to notify you that we have accepted your Premium Finance Agreement and it is now a binding contract subject to approval of the financing by the insurance company(ies). INPUT1. NOAVON01106) California Evidence of Liability Insurance Evidence of Insurance I- 800 -34Y -3000 gK110C.Ct sm GEICO GENERAL INSURANCE COMPANY PO BOX 509090 SAN DIEGO, CA 92150.9090 NAIC Code: 35882 Policy Number Effective date Expiration Date 4118870850 03 -16-13 09 -16-13 Year Make Model Vehicle ID No. 2002 CHEV SILVEit1500 2GCEC19T821214502 Insured: NORMA AND PETER PADILLA 33475 PENCIN RD MENIFEE, CA 92584 -9768 Here are your Evidence of Liability Insurance Cards. One card must be carried in the proper insured vehicle. Proof of insurance is required to register or renew the registration of your vehicle, A law enforcement officer can ask you to prove that you have liability insurance meeting the basic requirements of California law. A violation of these requirements can result in a fine of up to: $1,000 for the first time $2,000 for additional times Also, a judge can have your vehicle impounded. False proof of insurance may result in a fine up to $750 and 30 days in prison. iheaov rasep', M adtry 0IS PNb. vn39 1s Ilia M'n`- nu"r9;uvg'S9N3M aam,"I91lA:C.(afr�g;•Jgnt ➢,9!:H:' +nimia Due to space limitations on the ID card, only the veh ae .:oae. rw law Named Insured and the Co- insured are listed. For a full list of drivers covered under this policy, please reference the Drivers section of your Declarations Page, which is included with your insurance packet. It you would like additional ID cards you can go online to geico.com or call us at 1 -800- 841 -3000. What to do at the time of an accident. • Do not admit fault. • Do not reveal the limits of your liability coverage to anyone. • Exchange contact information; get year, make, model, plate number, insurance carrier and policy number of all involved. Also, identify witnesses and collect contact information. • Contact the police or 911 if applicable. • Contact GEICO by calling 1- snu•s41 -soaa or visit geico.com to report the accident. U-4-CA (II-09) Caiifornia California Contractors License Bond vwitieawn Card K A P ENTERPME Lk&md d 8OndW Suave 7986 zzcnm Nmam sec NCNMM 00755286 110870 H4nd MWiraeioa Data 10/10/2013 Date 03/22/2013 TO: FROM: SUBJECT: APPROVED: CHECK TYPE OF REQUEST *: AGREEMENT /CONTRACT /LEASE ORDINANCE /RESOLUTION OPINION /ADVICE REQUEST FOR ATTORNEY G1TY OP NEWPORT BEACH RECEIVED BY-SvS�:), MAR 212 2013 OFFICE OF THE Matter ID NoAL=-'.._1„[.4.�t [to be completed by CA 01 Aaron C. Harp, City Attorney Lauren Wooding EXT. 3236 DEPT,: CDD /BLDG /RE *Please attach all pertinent documents, staff reports, information, exhibits etc. CHr h ?- } �k-t ` ;City Attorney's Office Template utilized) l cument prepared by others N, . K REVISION TO DOCUMENT PREPARED BY CITY ATTORNEY'S OFFICE MINOR REVISION TO DOCUMENT PREPARED BY CITY ATTORNEY'S OFFICE DEADLINES Requested Due Date: Council Meeting Date: ADDITIONAL REMARKS: Please review attach EXHIBIT 3 INSURANCE REQUIREMENTS 1 INSURANCE REQUIREMENTS - CONSTRUCTION 1.1 Provision of Insurance. Without limiting Buyer's indemnification of City, and prior to commencement of the removal of the Property from the Site, Buyer shall obtain or cause to be obtained by any and all sub - contractors providing services related to this Agreement, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Buyer agrees to provide insurance in accordance with requirements set forth here. if Buyer uses existing coverage to comply and that coverage does not meet these requirements, Buyer agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. 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 Besfs Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13 Coverage Requirements, 1.3.1 Workers' Compensation Insurance. Buyer shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Buyer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Buyer shall maintain commercial general liability insurance. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Buyer shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Buyer arising out of or in connection with the removal of the Property from the Site to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions; 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Buyer or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Buyer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following 1.5.1 Evidence of Insurance. Buyer shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Riqht to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Buyer ninety (90) days advance written notice of such change. 1.5.3 Right to Review Subcontracts. Buyer agrees that upon request, all agreements with subcontractors or others with whom Buyer enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Buyer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Buyer of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.6 Self - insured Retentions. Any self - insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance. If Buyer or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Buyer's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Buyer or reimbursed by Buyer upon demand. 1.5.8 Timely Notice of Claims. Buyer shah give City prompt and timely notice of claims made or suits instituted that arise out of or result from Buyer's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Buyer agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1,5.1Q Buyer's Insurance. Buyer 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 removal of the Property from the Site.