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Hoelscher Guggenheim Partners - 1985-11-04
REQUAT FOR CITY COUNA ACTION Date October 31, 1985 Submitted to: Honorable Mayor and City Council / Go� Y Submitted by: Charles W. Thompson, City Administrator �'W SY CST 9 Prepared by: Robert J. Franz, Chief of Administrative Servic Subject: Block Wall Agreement ctzY Consistent with Council Policy? [X] Yes [ ] New Policy or Exc Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: Statement of Issue: The City is selling a small parcel for ingress and egress from Warner Avenue. Along the westerly boarder of this parcel lies a block wall which must be maintained by the purchaser Hoelscher/Guggenheim partners, and successors under this management agreement. Recommendation: Adopt the agreement. Analysis: The property described in the attached agreement is being sold to a developer for ingress and egress purposes. The parcel in question is a portion of a larger property the City owns and maintains as a water pump station just north of Warner Avenue. Between the pump station and the R/W parcel is a common block wall fence which the City is requiring the purchaserto maintain in a manner approved by the City. Thus, the maintenance agreement. Funding Source: None Alternative Action: City maintain and repair the block wall at City's expense. Attachment: Proposed agreement. 1768j PIO 4/84 REQUA . FOR CITY COUNOCA&ION ` Date June 26, 1985 L•�CIL Submitted to: Honorable Mayor and City Council GIT� CU ' Submitted b Charles W. Thompson, City Administrat pF�p` Y Robert J. Franz, e of ervces_ry_ ,..�� ri J F Chief Administrative S i " ~At,' Prepared by: c-t Subject: SALE OF SURPLUS CITY PROPERTY Consistent with Council Policy? [XJ Yes [ ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: y� STATEMENT OF ISSUE: Administrative Services has determined that the two parcels shown in exhibits enclosed, have no present or anticipated use for the City except as stated in right-cf-way reservation. RECOmiMENDATION: Adopt the attached Resolution declaring the properties surplus and orger the►r sale in accordance with Section 3.06.010 of the Huntington Beach Municipal Code. ANALYSIS: Subject property "A" located N/Warner and W/lvlagnolia is the easterly 32'k right-of-way portion of a City water well site acquired 6/11/81. The City will retain a right-of-way easement over this property and thus retain use of it in the sale. The City will further require the purchaser to maintain, in perpetuity, a wall or fence to the City's specification along the westerly border of the property and thus relieve the City of this expense. Subject property "B" is a remainder increment acquired 6/21/67 and left over from the widening of Wiagnolia Avenue and has no present use for the City. The City will reserve any and all oil and mineral rights over and under both A & B without rioht of surface entry. . The purchaser, River Meadows Apartments, a California limited partnership, requires these parcels as a portion of the property needed for apartments and mini-storage development. The proposed sales price for parcel "t'%" is $27,500, for parcel "B" $26,500, wit`, a ccr- bincc scics price of $56,000, 6.5 :oilars oper s—,ia_re foot. The sale will return these parcels to the tax rolls and return revenues to the City. FUNDIINO SOURCE: None ALTERNr,TIVE ACTIONS: Retain these parcels by the City. A T TACH!AENTS: 1. Proposed resolution 2. Plat maps. 1441j Plo 4/84 Recording requested by: City of Huntington Beach S5-_437038 After recording mail to: (ice of the City Clerk, City of tington Beach r j Main Street, Huntington Beach, UA 92648 7 yA £' �tTY F �' 4 C!` BLOCK WALL MAINTENANCE AGREEMENT BETWEEN THE`.T� 3' ` CITY OF HUNTINGTON BEACH AND HOELSCHER/GUGGENHEIM PARTNERS ';, li'! THIS AGREEMENT ( "Agreement" ) is made and entered into on the i day of 0004w,, V , 1985 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY" ) and HOELSCHER/GUGGENHEIM PARTNERS, a California limited partnership (hereinafter referred to as "PARTNERSHIP" ) . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code R E C I T A_ L S See. 6103 and should be recorded free of chRrFze. WHEREAS, CITY is concurrently herewith conveying certain real property to PARTNERSHIP, and the parties desire that PARTNERSHIP maintain a block wall located on said property along the west property line of said property; NOW THEREFORE, the parties agree as follows : 1 . BLOCK WALL Conveyance of the subject property, by a separate instrument recorded concurrently herewith, is in consideration of the within Agreement to maintain the existing concrete block wall, located along the west property line of the subject property described as Parcel A on Exhibit A, attached hereto and incorporated by reference herein, in good condition and repair in perpetuity. 2 . MAINTENANCE PARTNERSHIP at its sole cost and expense expressly covenants and agrees to at all times maintain said block wall in good condition and repair in perpetuity to CITY' S satisfaction. Maintenance shall include, but not be limited to, painting, removing graffito and marks on the wall, repairing cracks and breaks, rebuilding, restoring, cleaning, and perpetually keeping said wall in a clean, safe and attractive condition. I 3 . LICENSE TO ENTER For the purpose of maintaining and repairing said wall as herein provided, each party is licensed by the other to enter upon the other party ' s premises to make necessary excavations or other work necessary for the exercise of the rights and duties set forth in this Agreement. 4. DAMAGE OR DESTRUCTION In the event of damage to or destruction of said block wall, PARTNERSHIP agrees to repair and replace same at its sole cost and expense within thirty (30) days from the discovery of such damage, or within thirty (30) days from receipt of written notice of such damage from CITY, whichever is shorter . 5 . FAILURE TO MAINTAIN Should PARTNERSHIP fail to maintain the block wall in a satisfactory condition, as described above, CITY shall give written notice of such failure to PARTNERSHIP. Should any failure not be corrected within thirty (30) days after notice is given, CITY may, at its sole option, cause the necessary maintenance to be performed, and all costs incurred shall be reimbursed to CITY by PARTNERSHIP within ten (10 ) days after written notice by CITY. 6 . TERM This Agreement shall be perpetual and shall bind the parties , their successors and assigns, and shall run with the land, unless and until expressly released in writing by CITY, at its sole option. 7 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS PARTNERSHIP shall defend, indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all liability, judgments, damages, costs, losses, claims, including Workers ' Compensation claims, and expenses resulting from or connected with PARTNERSHIP'S negligence or other tortuous conduct in the performance of this Agreement. 0991L -2- 5- 37038 0 8 . NOTICES All notices required pursuant to this Agreement shall be in writing and deemed served when deposited in the United States Postal Service, first-class mail postage prepaid and addressed as follows: CITY: City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 DEVELOPER: Hoelscher/Guggenheim Partners, A California Limited Partnership 9 . NONWAIVER The waiver by CITY of any term, covenant or condition herein contained or any right under this Agreement shall not be deemed a waiver of such term, covenant, condition or right, or any subsequent breach of the same or any other term, covenant, condition or right herein contained. The election of CITY to maintain said block wall in the event PARTNERSHIP fails to do so shall not be deemed to be a waiver of its right of re-entry or any other term, condition, covenant or right under this Agreement. 10 . ENTIRE AGREEMENT This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification in writing, signed by the party to be charged. 0991L -3- 55--437038 11 . ATTORNEY' S FEES In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney' s fees , and costs . IN WITNESS WHEREOF, . the parties hereto have caused this Agreement to be executed on the day and date first above written. CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST: APPR ED A _Tq FORM: City Clerk City Attorney - REVIEWED AND APPROVED: INWEDrPROVED: ity Admin t ator C , trati Services Hoelscher/Guggenheim ' Partners , California :1/: Limiteders its • T By TG RA ARTNE By 9- �r• ,__ GENERAL PART NOTE: This Agreement must be acknowledged. 0991L -4- STATE OF CALIFORNIA ) ss- 85---43'7038 COUNTY OF ORANGE ) V C7 On this day of ��L . 19 1R5 , before me, a Notary Publ' c in and for said County and State, personally appeared I Plu 4-17 5. ,/�R,/t-),- , known to me to be the Mayor and 4/,(t(,4 A1 1Y,p known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such m ic' a ation executed the same. OFFICIAL SEAL CdNNI'E A BRO�KWAY NOTARY QU8LIC -CALIFORNIA ORNNGE COUNTY cr�vu My comm. expires OC1 10, 1989 1 SJ_.437038 l r STATE OF CALIFORNIA SS. COUNTY OF Orange On this 4th day of November 1C-5--,before me,the undersigned, a Notary Public in and for said County and State,personally appeared * * * DANIEL M. GUGGENHEIM* a r I personally known C % 1 ° to me to be O n e of the partners of the partnership that executed the within instrument,and Eacknowledged to me that such partnership executed the some. I 3 WITNESS my hand and official seal. o J « OFFICIAL SEAL Q Signature %�C'v. MARGARET H. PATTISON os• NOTARY PUBLIC-CAL1 MNIA Margaret H. Pattison ORANE�NTYIN Name(Typed or Printed) +.,, , My Commission Exp.Jan.30.1989 PR-44(10) Rev.6-82 (This area for official seal) 9 STATE OF CALIFORNIA Ss. TY OF Orange COUN g On this 4th day of NnvAITIDPr 19� ,before me,the undersigned, a Notary Public in and for said County and State,personally appeared * * * *ERTTZ HOELKHERt Q ? personally known t to me (ffidCl X -XDQ)( 3�X C4UXJtJCk iXJ�bC9C�749(OCQQ��f1gXi )to be 0n-P of the partners of the partnership that executed the within instrument,and a acknowledged to me that such partnership executed the same. E 3 WITNESS my hand and official seal. - OFFICIAL SEAL ° 7 MARGARET H. PATTISON Q Signature NOTARY pUBUC•CALIFORNIA PRINCIPAL OFFICE IN Margaret H. Patti son ORANGE COUNTY Name(Typed or Printed) MY Commission Exp.Jan.30,1989 (This area for official seal) PR-44(10) Rev.6-82 j I - . 85--437038 EXHIBIT "A" PARCEL A: That portion of the Southeast quarter of Section 24, Township 5 South, Range II West, in the City of Huntingotn Beach, as said section is shown on the map of Tract 6626, recorded in Book 249, of Miscellaneous Maps, at Pages 9 and 10 in the office of the County Recorder of said County, said portion being more particularly described as follows: Commencing at the intersection of the centerlines of Magnolia Street and Warner Avenue, as said intersection is shown on the map f said Tract 6626; thence along the centerline of Warner Avenue, North 89 degrees 32 ' 38" West 659 .81 feet to the Southeast corner of the West half of the Southeast quarter of the Southeast quarter of said Section 24; thence leaving said centerline and along the East line of said West half, North 00 degrees 18 ' 38" East 56 .00 feet to a point on the Northerly right-of-way line of Warner Avenue, said point being also the true point of beginning of this description; thence along said right-of-way line, North 89 degrees 32 ' 38" West 32 .60 feet; thence leaving said right-of-way line and parallel with the East line of said West half, North 00 degrees 18 ' 38" East 105 .60 feet to a point on a nontangent curve, concave Northwesterly and having a radius of 226 .00 feet, a radial line to said point bears South 57 degrees 03 ' 09" East, said curve being concentric with and 26 .00 feet Southeasterly from that certain curve cited as being concave Northwesterly, having a radius of 200 .00 feet, a central angle of 90 degrees 09 ' 08" and a length of 314.69 feet in the deed to the Orange County Flood Control District, recorded February 14, 1963 , in Book 6431, Page 936 of Official Records of said County; thence Northeasterly along said , curve, ; through a central angel of 8 degrees 55 ' 14" , an arc distance of 35.19 feet; thence leaving said curve, South 89 •_ degrees 41 ' 46" East 16 .00 feet to a point on the East line of said West half; thence along said east line, South 00 degrees 18 ' 38" West 136 .67 feet to the point of beginning. 0991L -5- c. or Pt EASANr viEw 1^ £tE�EwT�kr SCNu<�t � V ' •9 i 1T AC � 1 e N• 23 P tit 3 4- ,32 � vo ' 150 w 9.52 AC B y r I � k!6) 16 z ; 0.0 FC. 0 �s OCF. C. O. Q C , 3.21 AC.,sue: Q 31s •J WARNER — gVENUE F4 /9 167-39 GENERAL PLAN CONFORM-7-xN:.E !.C . Q HUNTINGTON BEACH CALIFORNIA PLANNING DIVISION k� r �V Lot.(noN oFB�oc,CW.4LL v �r<O' �C ,e ,, • . , �-----. --- _•� �}�-- . _ fr,�i��- a ., ....---�-�-�`l --- .:?�Y.:`f', !',irate✓v�-s v!lt..oLl�.f%rtr�t��!� 1 i I z1✓.o" -- --------- i `, �y A 10 1.1 1° 13 4, 14 35 i i 16 i i 1; �` v 18 1s " ! ` 20 ti Q 21 N 222 1 °4 25 � 26 � 3 a 28 L 29 it .;L I I \ /.ems'.........� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 15, 1985 Hoelscher/Guggenheim Partners n1 , 1772g,AeAope eet, �° EGG F ntaln ey,,CA--92 08 _.. .. Enclosed for .your files is a conformed copy of the recorded Blockwall Maintenance Agreement between your firm and the City of Huntington Beach which was approved by the City Council on November 4 1985. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-536-5227) >•M ^4 I E;UF DATE (M hfS}Ul 2 i '' IHIS CERTIFICATE IS 13 x IIfAMA OF INFORMATION ONLY AND CO NO RIGHTS UPON THE,-- [ HOLDER.Tkllg CERTIFICATE DOZES NOT �,. EXTEND OR ALTER THE COVE 6t AFF4RD11D 6Y THE POLICIES BELONF. I f3RAKKE•SCHAFNITZ & ASSOCIATES, INC. - COMRI Niff ATRfIPiNI CGVERAGE 21 Morgan ---- Irvine, CA 92718 COMPANY A old 714)380-1800 LE I-TER l ..___-------F_Z.R]:b11aNS--PUD1I)-.INS.UEANGE_CLINIEANY _ CCi FA PANY NSURED FRE4)NT INDEMNITY HOELSCHER GUGGENHEIM PARTNERS, ET AL COM C PANY -- � 4665 MACARTHUR PLACE LE#TER - NEWPORT BEACH, CA 92660 CC.MPANY LL-T1ER Ci,NiPANY E LE TYER Je�a:rc�7.�..-�■rI�■■■r��I�M1t19�dat�li.�����i� I���� THIS 4 TO CERTIFY THAT POLICIES OFINSURANCE LISTED bf: OV, HAv, IIELN SLiuEDTO THE INSURED NAMED ABOVE FOR THE P, �ES Z9111OOINDICATED. NOTWIY►ISTANDING ANY REQUIREIIENT,TERM CIR CONDITION Or IN) ')NTRACf OR OTHER D6rIJMENT WITH RESPECT TO WHICH T}} Iy�RTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE NSURANCE AFFORDED BY THL.POLi A S DESCRIBED HERcu.,_.,UEIJECT TO ALL THE TERMS,EXCLUSI'CINS,AND CONDI- TIONS OF SUCH POLICIES- O TYPE OF INSLRANCE ! POLICY Nt l'.iirr POLICY EFFECTIVE POLICY b(PiRATION LIAELITY -IMITS IN THOUSANDS IH ` DATE(MAUDONY) DAIL(M?ADD/YY) EA,'IT OC"URR-NCE AGGREGATE GENERAL LIABILITY BODILY LOMI'HEHENSIVE FORM INJURY $ $ I'REhIaS/OPERATICMIS PROPE.RrY --- - 01%UI RGROUND DAMAGE $ $ IXPLOSION&COLUUSE HALM PRL"TSICOMPLEfED OPERATIONS PD CONIRACTUAL 31 a .OMBIBINI:D $ $ INDEPENDENT CONTRACTORS BROAD IORAI PROPERTY DAMAGE - --- - PERSONAL INJURY PERSONAL IN,URY $ -- AUTOM(>i11LE LIABILITY --- -- ---- ----- �Y - ---- - i"RY $ ANY AUTO IN PERS(N) --- ALL OWNED AUTOS(PRIV.PASS►THAN) J I DLLY All OWNED AUTOS(PHIVRSS L r` - IPER AM001) $^- HIHEJ AUTOS APPfiOV:'_ AS TO i'(;I�,i: PROPERTY NUN OWNED AUTOS CAIL lit,_ :,- CI-ry d 'torney DAMAGE: $ V: 11 Gh1'vu:E LIABILITY 4 is r�., L ity A t Lc xneY BI a PO COMBINCD $ EXCESS L ABILITY - - — -- - UMBRELIA FORM BI&PO 2,000 2,000A XLBL722996 7/16/85 7/16/86 CUMEIINEU $ $ 01 HEH THAN UMBRELLA FORM _--y --- - --- -- STATUTORY WORKERS'COMPENSATION -- B ANC CA85-361770-01 7/1/85 7/1/87 (EACH ACCIDENT)EMPLOYETY J�$'_M1 —(DISEASE-POLICY LIM]) IIKLIA&CI •- -- „_-__- -_ -- _- .- ----- $��—(DtSEASE•EACHEMP_OYEE) OTH& DE:SCHIPTION OF OPERATIONS/LOCATIONS/VEHICLE:S/SPECIAL ITEMS — CERTIFICATE HOLDER IS HEREBY NAMED AS AN ADDITIONAL, INSURED AS RESPECTS ALL OPERATIONS OF THE NAMED INSURED. �� er CITY OF HUNTINGTON BEACE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. CITY ATTORNEY PIRATION DATE THEREOF, THE ISSUING COMPANY WILL' E `{ f POST OFFICE BOX 190 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER LEFT WRN HUNTINGTON BEACH, CA 92648 :X_:W=M=X"ot t AIM' ]IITr�97DCI"alE aCYEvH) Fill J4X]IXM _ REPF S :NTATI --- -� -/ '----- iIOL.D HATINILESS AGREEMENT (to be executed by insured) The insured • agrees to Protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers. agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by intUrs his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or its operatio s r activity for Which this certificate of insurance It furnished. (1) Sol.Proptistorship 12)Partners},lp (3)Co ► r, _ HOLD HARMLESS SIGNED: By Insured: 711ATitle LG/�� 112 FN All FIR FIR(AIL names#hall be printed or typed By Insured: • Title L�y►1�M/ +-- below each Ngnature.) pA L 11 Corporation, TWO Officers must sign,or present evidence of authorization to bind Corporation. PRIMARY CERTIFICATE AS TO EVIDENLE OF INSUR& E X❑ INSURANCE) TA' 'hange or Company designate,+-on the reverse side as number 2 ❑ EXCESS (INSURANCE Excess over Primary with Company designated on reverse side as letter THIS IS NOT AN INSURANCE POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. Named Insured HOELSHER & GUGGEN HTEM • Excess Policy or Certificate Number Address DBA• RIVER MEADOW APTS 4665 MACARTHUR COURT #275 P7 07 350 1489 49 50 NEWPORT BEACH CA 92660 Agent Policy Number This is to certify that policies for the above Named Insured are in force as follows: Effective from: 1_g-86 To: at which time this certificate becomes void ® or continuous until cancelled if box"X"d. _ COVERAGE COMBINED LIMITS OF LIABILITY COVERED NOT AUTO LIMIT(S) COVERED LIABILITY INCLUDE(S) ❑ Owned Bodily Injury $ 000 each person BOTH PRIMARY AND EXCESS X Hired $ 000 each occurrences (if excess X Non-Owned applicable) ® ❑ Employer's Non-Ownership Property Damage $ 000 each occurrF�c�. 1 Contingent Liability Single Limit Liability for Coverages checked 0 above $ 1000 000 each occurre ice GENERAL LIABILITY M&C-OLT Bodily Injury $ 1000 each person ** Owners & Contractors $ 000 each occurrence ® ❑ Contractual '1` $ 000 annual aggregate Elevators products*** ❑ © Property Damage $ 000 each occurrence Products and/or $ 000 annual aggregate Completed Operations products *** $ 1000 000 each occurrence Single Limit Liability for Coverages checked X❑ above $ 000 annual aggregate products *** ❑ Q Cargo $ '000 each vehicle $ 000 each occurrence *Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Ordinance Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractural Coverage. "Not Not Applicable in Texas In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. De—hed Descrepuon 1:1 �_I w WO1ved UPROUD AS TO FOIWI OWNED ( YEAR,MAKE,TYPE OF BODY,LOAD CAPACITY IDENTIFICATION NUMBER AUTO- J1 MOBILES, IF LAST 3 COVERED DIGITS SHOWN Umbrella Liability $ 000 retained limit POLICY NUMBER $ each occurrence $ aggregate Upon cancellation or termination of this policy for any cause the Company will provide 10 days advance notice in writing to whom this Certificate is issued. Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name CITY OF HUNTINGTON BEACH ,ITS OFFICERS, AGENTS, EMPLOYEES & PUBLIC AGENCIES and 2000 MAIN STREET Address . HUNTINGTON BEACH CA 92648 � Countersigned This Certificate supercedes any previously issued certificate. AUTHORIZED REPRESENTATIVE 56-0187 7-85 1 401 200f ST PRINTED IN U.S.A. (�)r 1 JayiO a SIOUIIII 'o6D:)IyD sJai miepun ssa:)x3 o/:) puDi6u3 ui saiupdwOD JO/puD uopuOl 'SpI(011 D DIUJolIID:) 'sala6uy Sol .OD?Ja1IDM O/D puDi6u3 uI saIUDdWOJ JO/puD UOpuol 'spAoil - 9 DIUJO}IIDD 'sa196uy Sol AuodwOD a:)uDJnsul AiniuGD-pIW y 3JNvdnSNl S33DX3 DIUJOPIDD 's9la6uy Sol AuDdwOD a:)uDJnsul AJnivaD-pIW •E :AUDdwOD ayi sD 'lI Aq panssi uaynn 'A:)ilod ayi ui of paJJa}aJ Auodwo:) j:)ois o si 6uimollol ayi DIUJOPIDJ 'sala6uy Sol DIUJOPIDD 'sa196uy S01 a6uDy:)x3 a:)uDJnsul j:)nJl •Z abuoyDx3 a:)uDJnsul sJawJDJ •l :AuodwOD ayi sD 'way }o Jayila Aq panssl uaynn 'A:)Ilod ay ui of paJJajaJ sai:uliawos sa6uo4:)xa aDUDJnsul-Jaiul aJD 6uimollol ayi 8riomO 3DNVmnSN I S213 dV1 • ET-108 NTH EDITION 1 ADDITIONAL INSURED ENDORSEMENT Reference is made to the attached Certificate as To Evidence of Insurance. It is agreed that: The person or organization to whom the attached Certificate is issued is an additional insured. This applies only with respect to liability arising out of the acts or omissions of the named insured. It applies only to the coverages indicated on the Certificate. This extension of coverage does not apply: 1. To liability arising out of the negligence of the additional insured, its agents or employees, unless the agent or employee is the named insured. 2. To any defect of material, design or workmanship in any equipment of which the additional insured is the owner, lessor, manufacturer, mortgagee, or beneficiary. 3. To any vehicle liability when the named insured is not the owner or does not have care, custody, or control of the vehicle. The intent of this endorsement is to provide the coverage as stated above and in the Certificate. If any court shall interpret this endorsement to provide coverage other than what is stated above then our limits of liability shall be the limits of bodily injury liability and property damage liability specified by any motor vehicle financial responsibility law of the state, province, or territory where the named insured resides. If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one person in any one occurrence and subject to this provision respecting each person, $10,000 on account of bodily injury sustained by two or more persons in any one occurrence. Our total liability for all damages be- cause of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed $5,000. This endorsement does not increase the coverage limits. This endorsement becomes part of the policy to which it is attached and supersedes and controls anything in the policy contrary hereto but is otherwise subject to the Declarations, Insuring Agreements, Exclusions and Conditions thereof. ADDITIONAL INSURED END.) 56-0108 7TH EDITION 10-85 1201 SH/1000 7r ,. +r- GENERA . . ET- 8 5 CHANXI TRUCK INSURANCE INSURANCE EXCHANGE EXCHANGE COMPANY MID-CENTURY INSURANCE ENDORSEMENT NDGR Prod Named Insured HOELSHER & GUGGEN .HIEM Count Prematic Acc t Na DBA: RIVER MEADOW APTS 4665 MACARTHUR COURT #275 NEWPORT BEACH CA 92660 97 07 350 11489 49 50 Agent Policy number of the Company"X'd"above Effective Date 1-9-86 at time applied for(12:01 A.M.Standard Time in California,Oregon, and fire policies in Arkansas, Washington and Idaho) ATTACH O YOUR Renewal Date 10-17-86 TP O L I C Y $ Pro Rato Premium Due $ Membership or Reinstatement Fee (Membership Fee not applicable to Mid Century Insurance Company in Kansas) $ Previous Balance Due $ Premium for renewing entire present coverage $ Total Charges $ Payments or Other Credits $ BALANCE $ Refund In consideration of the premium it is agreed that the above numbered policy is hereby changed to conform with the entries appearing hereon, ONLY THE ITEMS CHECKED BELOW ARE CHANGED Name of Insured as shown above Reinstatement Former ' Name ❑ Legal Entity of ❑ ❑ a Named Insured is: Individual Co-Partnership 11 Corporation Change of Mailing Address as shown above.Business Address and Garaging Address same as Mailing Address unless otherwise shown. rX ADD ET-108 ( 1ST ED) , FOR CITY OF HUNTINGTON BEACH AMEND ET-499 Change or deletion of Vehicle as shown below- No Year,Model d Trade Name Truck Tonnage or Trailer Length Class. Identification Number Vehicle Added: LAST 3DIGITS SHOWN Policy Ceases To Cover: CONTINUED ON REVERSE SIDE Countersigned PRINTED 52N U.S.A.125/ST Vi a. REFER TO YOUR POLICY FOR COMPLETE COVERAGE DESCRIPTION Authorized Representative PRINTED IN .S. '109aay4 suoi{ipuo:) puo suolsnpxa 'sluawaai6o 6uians -ui 'suol{oJol:)ap aye o4 1:)algns asiMuaylo si lnq ojaaay Ajr)jiuo:) ADilod ay{ ui 6ul44Auo sloiluo:) puo sapas -jadns puo ap}s asAanaJ ayi uo paaagwnN A:)ilod }o pod sawo:)aq 'pau6lsialuno:) uayM 'luawasaopua Siyj SCHEDULE-OF LIABILITY PREMIUM ENDORSEMENT ET499' ' ' y 1ST EDITION. . EFFECTIV DATE _ r - POLICY NUMBER _ •j. I This policy premium is subject to audit and maybe revised at the end of,each policy erm.The revisions - 1-9--86 will be based on changes in the following estimated business exposures such as payroll, receipts, and area etc. PREMISES AND OPERATIONS - BASIS OF PREMIUM PREMIUM BASED ON CURRENT ESTIMATES 9 . Rating Territory CODE �T'AYROLL AREA BODILY INJURY PROPERTY.DAMAGE. ^ y_ ITmTT RATE PREMIUM RATE PREMIUM -Estimated 'INCL PK APT ;°'. .t? .<�P'li 65132 152. UNITS. 2.480, 377-00 RATING UNITS GARAGE LIABILITY p PAYROLI BI-PD RATE BI-PD PREMIUM PRODUCT'LIABILITY OR COMPLETED OPERATION [:]COVERED ® NOT COVERED BODILY INJURY PROPERTY DAMAGE Classification CODE Est.Sales.or Receipts RATE PREMIUM RATE PREMIUM OWNERS AND CONTRACTORS PROTECTIVE 'LIABILITY COVERED If you sublet any work-to independent contractor orsubcontractor, 500 000 .052 260.00 .020 89.00 premium is based on cost of such work. 16291 100 000 .027 6.00 .01 110-00* OWNED AUTOMOBILES ❑ COVERED- SEE SCHEDULE NOT COVERED 6 I THE.FOLLOWING,I? EMIUMtISNOT SU EJECT TORETROACIYE AUDIT ADJ(JS� IENT CONTRACTUAL-LIABILITY Bodily Injury Premium Property Domoge Premium Your policy automatically covers contractual liability under the following types of written agree,mentsr' Lease of premises,easement agreement,agreement required by Municipal Ordinance,railroad side track agreement,and elevator or escalator maintenance agreement. Your policy does not apply to any other. type of contractual liability unless a specific endorsement has been issued. See Endorsement Premium ❑ Garagekeeper's Coverage ❑ Fire Legal. ❑ Personal Injury Q Broad Form Liability 'ET-1 37 75,00 ]0'Premises Medical 52.00 ADDL INSD PERSONAL LIABILITY ❑ COVERED,_:;� NOT COVERED •' ',- Personal liability coverage for individual or partners Number of locations covering vacant lots Number of residences or apartments.owned Total number of acres of all premises owned,.rented, or leased` If form acreage is.leased to.others, total acreage leased _ Guest Residence Medical Payments: ❑$500 : ❑ v000 No. of family members insured for medicals El$500 El $1000 Limits, No. of outboard motors over 25-horsepower EMPLOYERS' NON-OWNERSHIP,(AUTO LIABILITY) FI]COVERED [:],NOT COVERED' `40.00 Total number of employees Hired Automobiles(AUTO LIABILITY) ❑_..COVERED ] NOT COVERED Estimated cost of hire for next policy period: Passengers Cars Trucks ABOVE FIGURES.WILL BE SUBJECT TO EXPERIENCE MODIFICATION OF O" % AND/OR PACKAGE CREDIT (EXCLUDING.-AUTO LIABILITY)OV 25 If coverage is wanted for any hazard omitted or morked'with an preceding "not.covered" please call or write-your agent for in-- formation.- Nothing herein contained shall be held to vary,alter,waive or extend any of the terms,conditions,agreements,or limitations of this policy, other than as above stated. This endorsement, when countersigned, becomes part of the above.numbered policy. Countersigned„ S�e•T-""�'��' AUTHORIZED REPRESENTATIVE 58-2095(ACT-ET-499)1ST EDITION 8-85 1501 200IST PRINTED IN U.S.A. MO02 INS. & BENEFITS 1 ISSUE DATE (M PRODUCER THIS CERTIFICATE IS I MA OF INFORMATION ONLY AND CO NO RIGHTS UPON THE HOLDER.THI$CERTIFICATE DOES NOT E s EXTEND OR ALTER THE COV 6, AFFORDED THE POLICIES BELOW! I G BRAKKE•SCHAFNITZ & ASSOCIATES, INC. COMP NI A�F�R6N6%'COVERAGE Q 21 Morgan Irvine, CA 92718 COMPANY A (714)380-1800 LETTER FIREMANS FUND INSURANCE COMPANY COMPANY INSURED LETTER B FREMONT INDEMNITY COMPANY . HOELSCHER GUGGENHEIM PARTNERS, ET AL COMPANY LETTER C+ 4665 MACARTHUR PLACE NEWPORT BEACH, CA 92660 COMPANY D LETTER COMPANY E 0� LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE f IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T I RTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUS INS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DONY) DATE(MM/DONY) EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS PD CONTRACTUAL C 8OMBBINED `P @ C $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (PER PERSON) $ ALL OWNED AUTOS(PRIV. PASS) BODILY NJURY ALL OWNED AUTOS(TH RP SSNI (PER ACDDENT) $ HIRED AUTOS PRIAPPROVED AS TO FORld: PROPERTY NON-OWNED AUTOS GAIL HUTT01d, City Attorney DAMAGE $ GARAGE LIABILITY 3v:. Deputy City Attorney BI s PD COMBINED $ EXCESS LIABILITY A UMBRELLA FORM XLB1722996 7/16/85 7/16/86 COMBINED $ 2,000 $ 2,000 OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION EACH ACCIDENT) B AND CA85-361770-01 7/1/85 7/1/87 $500 (DISEASE POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATION S/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS HEREBY NAMED AS AN ADDITIONAL INSURED AS RESPECTS ALL OPERATIONS OF THE NAMED INSURED. CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY ATTORNEY PIRATION DATE THEREOF, THE ISSUING COMPANY WILL C I POST OFFICE BOX 190 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER D THE LEFT, }�R7 � �fA�i� c � T HUNTINGTON BEACH, CA 92648 �x> >K > �x UT 0 Z REP S NTATI E