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Huntington Beach City Employees Credit Union (HBECU) - 2007-11-19 (6)
rvcr�,, CITY OF HUNTINGTON BEACH �• x` DEPARTMENT OF COMMUNITY DEVELOPMENT. CT ' /� PLANNING ♦ BUILDING • PERMIT CENTER • ECONOMIC DEVELOPMENT ♦ HOUSING ♦ CODE ENFORCEMENT August 2,2022 Angela Clitherow President/CEO Huntington Beach Credit Union 2000 Main Street,Room B-272 P.O.Box 910 Huntington Beach,CA 92648 Re:Lease Extension—Huntington Beach Credit Union Ms.Clitherow, The City of Huntington Beach is in receipt of your lease extension request for the property described as Room B-272 of the lower level of City Hall,2000 Main Street,Huntington Beach,California.Per our lease agreement dated November 19,2007,the City of Huntington Beach approves your request(Option 3 Lease Extension).The lease extension will commence July 1,2022,and end June 30,2027. Additionally, Section 3 of the Lease states that rent is to be adjusted annually on July 1st.Since rent was recently increased by 10%on January 1,2022 for past CPI adjustments,please note that the next rent increase will resume on July 1,2023. If you have questions regarding this letter,please contact Kriss Casanova,Economic Development Manager,at 714 536-5547. Sincerely, . LA-A-% (Q.• Ursula Luna-Reynosa Director of Community Development . 2000 Main Street ♦ Huntington Beach CA 92648-2702 • www.huntingtonbeachca.gov r , : City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648-2702 • Ii OI I'1C1 OF R( SINI SS 1)1 Vl 1 O1'M1 N I ...,. l 714.536 5582 www.huntin&tt nhcachc'a.gnv lax 714 375 5087 April 19,2017 Arleen Grauer Huntington Beach City Employees Credit Union 2000 Main Street, Room B-272 P.O. Box 910 Huntington Beach, CA 92648 Subject: Request for Credit Union Lease Extension Dear Ms. Grauer: The City of Huntington Beach is in receipt of your lease extension request for the property described as Room B-272 of the lower level of City Hall,2000 Main Street, Huntington Beach, California. Per our lease agreement dated November 19,2007, the City of Huntington Beach approves your request(Option 2 Lease Extension). The lease extension(all other terms and conditions remain the same) will commence July 1, 2017 and end June 30, 2022. If you have any questions regarding this letter,please contact Mike Green, Real property Coordinator at 714 536-5224. Sincerely, /1(-1-"1613:b/ Kellee Fritzal Deputy Director C: Carlos Marquez, Real Estate&Project Manager • J, ie Nuntin ton Beach Cit Em to ees Credit Union n �Q'► 2.000 Main Street,Doom 9-272 •p P.O.Box 910 Huntington Beach,California 92648 •: (714)536 6517 April 18, 2017 Carlos Marquez City of Huntington Beach Office of Business Development 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Marquez; As per our lease contract,this is notification that the Huntington Beach City Employees Credit Union elects to renew our lease contract for the July 1,2017 through June 30,2022 term. Thank you for your cooperation regarding this matter. If you have any questions please contact me at (714) 536-6517. Si'r►ceely, tioleen Gra r Manager V Su y INSURANCE AND INDEMNIFICATION WAIVER II MODIFICATION REQUEST 1. Requested: Risk Management 2. Date: February 2, 2023 3. Name of contractor/permittee: Huntington Beach City Employees Credit Union 4. Description of work to be performed: Banking 5. Value and length of contract: 5 year lease 6. Waiver/modification request: General Liability Coverage 7. Reason for request and why it should be granted: Unable to comply with $1,000,000 coverage requirement 8. Identify the risks to the City in approving this waiver/modification:Low I ' zti ,/ z0z, Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. . i 1. Ris Management Approved El Denied i� 6.— Si nature Date 2. City Attorney's Office / z El Approved ❑ Denied ✓ S J Signature Date 3. City Manager's Office 0 Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources RISK M9t,i=E 14'23pti 4: Waiver Form-Vianate 2/2/2023 11:54:00 AM Contract Number: 10407088 COI Number: 021883-015 CUMIS INSURANCE SOCIETY, INC. CERTIFICATE OF INSURANCE This is to certify that such insurance policies as indicated below by policy number have been issued on forms in current use by the Society. Hazards covered are indicated by (X). This CERTIFICATE OF INSURANCE neither affirmatively nor negatively amends,extends, or alters the coverage afforded by these policies. 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 daims. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. Name and Address of Certificate Holder City of Huntington Beach 74 2000 Main St Huntington Beach CA 92648 2702 Type of Insurance Policy Number Expiration Date Limits of liability WORKERS'COMPENSATION Statutory EMPLOYERS' LIABILITY COMPREHENSIVE $500,000 Each Occurrence GENERAL LIABILITY 046685 03/26/2024 $1,500,000 Policy Aggregate (X)OCCURRENCE (X) Policy Aggregate Limit AUTOMOBILE LIABILITY Combined Single Limit ( ) Owned Automobiles Each Occurrence ( ) Hired Automobiles ( ) Non-Owned Automobiles () Repossessed Automobiles EXCESS LIABILITY $2,000,000 Each Occurrence (X)OCCURRENCE 046685 03/26/2024 $6,000,000 Policy Aggregate (X) Policy Aggregate Limit Business Personal Property-Group I 046685 03/26/2024 $384,760 Should any of the described policies be cancelled before the expiration date noted, the Society will mail 45 days prior written notice of such cancellation to the above named Certificate Holder. The mailing of the notice shall be sufficient proof of notice. Description and location of operations and/or automobiles and/or property covered: Premises and operations of Huntington Beach City Employee Credit Union located at 2000 Main St.,#B-272, Huntington Beach,CA. Refer to CUPOP 6102 for details. Business Personal Property is insured at replacement cost. Business Liability and Excess Liability is on a per occurance basis. Name and Address of insured: Date: 01/10/2023 HUNTINGTON BEACH CREDIT UNION PO Box 910 By: Huntington Beach CA 92648 0769 AUTHORIZED REPRESENTATIVE R_I.SK, cct,JCIN I.: 5.3PW 3:3? CGA 200 A27 08 10 CUMIS Insurance Society,Inc. Page 1 of 2 45 1 03858550 45 P CUP001 046685 ADDITIONAL INSURED ENDORSEMENT PREMISES YOU LEASE PROPERTY AND BUSINESS LIABILITY POLICY Various provisions in this Policy restrict Coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The Common Policy Provisions apply to this endorsement. This endorsement modifies the Business Liability Coverage. Designation of Premises (Part You Lease): 2000 Main St#B-272 Huntington Beach CA 92648 2702 Name of Person or Organization (Additional Insured): City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers 2000 Main St Huntington Beach CA 92648 2702 WHO IS AN INSURED Who Is An Insured The following is added to the Who Is An Insured provision in the Business Liability Coverage: The person or organization shown on this endorsement is also an insured, but only with respect to "bodily injury," "property damage," "personal injury" or "advertising injury" arising out of the ownership, maintenance or use of that part of the premises designated on this endorsement, leased to you,and subject to the following Additional Exclusions: The insurance does not apply: 1. To any"occurrence"which takes place after you cease to be a tenant in said premises;or 2. To structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated above. However; 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. RRH 07/25/22 CUPOP 6102 0414 CUMIS Insurance Society,Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. ADDITIONAL INSURED ENDORSEMENT PREMISES YOU LEASE PROPERTY AND BUSINESS LIABILITY POLICY ADDITIONAL CONDITION Limit Of Insurance With respect to the insurance afforded to the additional insured, the following is added to the Limit Of Insurance Additional Condition in the Business Liability Coverage: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits Of Insurance shown on the Declarations, whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown on the Declarations. RRH 07/25/22 CUPOP 6102 0414 CUMIS Insurance Society,inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. AC-; t> DATE(MD WITTY) �-� CERTIFICATE OF LIABILITY INSURANCE 04/05/2023 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 INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 Ileu of such endorsement(s). PRODUCER CONTACT NAME: AUTOMATIC DATA PROCESSING INS AGCY PHONE (800)524-7024 FAX 76250717 (A/C,No,Ext): (A/C,No): 71 HANOVER ROAD EMAIL ADDRESS: FLORHAM PARK NJ 07932 INSURERS)AFFORDING COVERAGE NAIL# INSURER A: Hartford Underwriters Insurance Company 30104 INSURED INSURER B: HUNTINGTON BEACH CREDIT UNION INSURER C: PO BOX E910 HUNTINGTON BEACH CA 92648 INSURER D INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR INVD IMMIDDIYYYYI_ (MOW YYY1 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE EOCCUR DAMAGE TO RENTED PREMISES(Fe occurrence) MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY. PRO- LOC PRODUCTS-COMPIOP AGG JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fEe accident) ANY AUTO BODILY INJURY(Per person) ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS HIRED NON•OWNEO PROPERTY DAMAGE AUTOS AUTOS (Per accIdent) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY YIN E.L.EACH ACCIDENT $1,000,000 A PROPRIETOR/PARTNER/EXECUTIVE E NIA 76 WBG AE5UTN 01/01/2023 01/01/2024 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes,describe under. E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below - - - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Those usual to the Insured's Operations, CERTIFICATE HOLDER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 2000 MAIN ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED HUNTINGTON BEACH CA 92648 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 61'me-A') C ©1988-2015 ACOI plio l�I t }s reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of Ad OR By: MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH T' Council/Agency Meeting Held: Deferred/Continued to: *App ov� ®Conditionally Approved ® Denied � L.l�c� City ler s Sig at/re Council Meeting Date: 11/19/2007 Department ID Number: ED 07-37 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOP CULBRETH GRAFTA CI DMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPME SUBJECT: APPROVE LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF HUNTINGTON BEACH EMPLOYEES CREDIT UNION 7Stateetof Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City Council is asked to approve a five-year lease agreement with the Huntington Beach City Employees Credit Union for the operation of a credit union to provide financial and banking services to Huntington Beach city employees and their family members. Funding Source: Not applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Lease Agreement between the City of Huntington Beach and the City of Huntington Beach Employees Credit Union. Alternative Action(s): Do not approve the Lease Agreement between the City of Huntington Beach and the City of Huntington Beach Employees Credit Union. Analysis: The Huntington Beach City Employees Credit Union (HBCECU) has long been an established convenience for Huntington Beach city employees and their family members by providing low rate financial products and banking services since it was chartered in 1953. �- 1 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/19/2007 DEPARTMENT ID NUMBER: ED 07-37 The credit union has been leasing the 1,369 square foot room designated at Room B-272 on the lower level of City Hall since 1974. On May 8, 1974, the city had established a month -to - month agreement for a lease rate of $180 per month. The lease agreement did not provide for any adjustments to the lease rate. Therefore, the lease rate of $180 per month did not change until the lease was renegotiated and a revised lease agreement was adopted by City Council in 1989. The agreement adopted in 1989 was for a five year term with one five-year option to renew with an initial lease rate of $512 per month with $128 annual increases to the monthly rent. This option to renew was approved and exercised which extended the lease term through October 1, 1999. Since that time, the HBCECU has been operating on a month -to -month basis at $1,792 per month without any additional rental increases. This was to insure that the HBCECU would not be paying above market rates. The City Attorney's Office has prepared a new lease agreement between the City and the HBCECU to continue the lease of Room B-272 for a term of five years commencing July 1, 2007 through June 30, 2012 with two five-year options to renew. After the second renewal option, the City reserves the right to review the lease agreement and may extend the agreement for an additional two five-year periods. The initial lease rate is $2,054 per month which is based upon current market value. In addition, the lease sets forth annual Consumer Price Index (CPI) increases. The HBCECU Board have reviewed and approved the proposed lease agreement. All negotiations have been concluded and the HBCECU has executed the lease. Strategic Plan Goal: C-2 Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not applicable. Attachment(s): 1. Lease Agreement Between the City of Huntington Beach and the City of Huntington Beach Employees Credit Union. 2. Certificate of Insurance. 3. Site map. -2- 11 /1 /2007 8:01 AM ATTACHMENT #1 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF HUNTINGTON BEACH EMPLOYEES CREDIT UNION THIS AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "LESSOR", and the HUNTINGTON BEACH CITY EMPLOYEES CREDIT UNION, hereinafter referred to as "LESSEE." WHEREAS, LESSEE desires to lease, for credit union purposes only, certain real property leased by LESSOR; and LESSOR desires to let the productive use of aforesaid certain real property to LESSEE, NOW, THEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto do hereby agree as follows: 1. DESCRIPTION OF PROPERTY LESSOR hereby leases to LESSEE that certain real property, hereinafter referred to as "Leased Property," described as located at Room B-272 of the lower level of City Hall, 2000 Main Street, Huntington Beach, California. 2. TERM A. This lease shall be for a term of five (5) years commencing on July 1, 2007 and ending on June 30, 2012, unless sooner terminated as herein provided. Should LESSEE fully and faithfully perform all the terms and conditions of this lease for the full term specified in this section, LESSEE may extend this sublease for 1 (one) additional five (5) year term, commencing on expiration of the term specified above. As a condition precedent to exercising LESSEE'S option to extend, LESSEE shall give LESSOR at least six (6) months' written notice of LESSEE'S desire to extend the lease prior to the expiration or the term specified above. 07-1139/13263 1 B. Options to Extend LESSEE shall have future options to extend at LESSEE'S discretion: Option 1. July 1, 2012 to June 30, 2017 Option 2. July 1, 2017 to June 30, 2022 After the end of Option 2 (June 30, 2022), LESSOR reserves the right to review the Lease Agreement and the LESSEE's tenancy and at LESSOR'S sole discretion, may extend additional renewal periods for the Lease Agreement as follows: Option 3. July 1, 2022to June 30, 2027 Option 4. July 1, 2027 to June 30, 2032 3 RENT LESSEE agrees to pay LESSOR as rent for the use and occupancy of the Leased Property the sum of Two Thousand Fifty Four Dollars ($2,054.00) per month, to be paid one (1) month in advance. The rent specified in this section shall be paid by LESSEE to LESSOR, Post Office Box 190, Huntington Beach, California , 92648 Attn: Real Property Manager, and shall increase annually every July I" starting on July 1, 2009, the monthly rate by the percentage increase in the Consumer Price Index (CPI) Los Angeles/Riverside/Orange County, All Urban Consumers, not to exceed 5% (five percent) annually. The annual increase shall not be less than 3% (three percent) annually irrespective of the CPI. 4. PERMITTED USE The Leased Property shall, during the term of this lease and any extensions thereof, be used for the purpose of a credit union office. 5. FITNESS OF PROPERTY It is expressly understood by all parties to this lease that LESSEE takes the Leased Property as is, and that LESSOR makes no representation, covenant, warranty or promise that the Leased Property is fit for any particular use, including the use for which this lease was obtained. 07-1139/13263 2 6. TERMINATION This lease shall be subject to cancellation and termination by LESSOR or LESSEE at any time by giving the other party notice, in writing, at least ninety (90) days prior to the date such termination shall become effective. 7. SERVICES AND UTILITIES LESSOR shall pay for electrical and utility services which are not separately metered to the Leased Property. LESSEE shall arrange for and pay for its own janitorial services. LESSEE is aware that the Leased Property is supplied with a system of heating, ventilation and air conditioning, and LESSOR shall have the obligation to continue to supply the Leased Property with such system. 8. HOLD OVER Should LESSEE hold over and continue in possession of said Leased Property after expiration of the term of this lease, or any extension thereof, LESSEE'S continued occupancy of the Leased Property shall be considered a month -to -month tenancy subject to all the terms and conditions of this lease. 9. LESSEE'S COVENANT OF INDEMNITY LESSEE hereby agrees to protect, defend, indemnify and hold harmless LESSOR, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with LESSEE's (or LESSEE's subcontractors, if any) negligent (or alleged negligent) performance of this Lease Agreement or its failure to comply with any of its obligations contained in this Lease Agreement by LESSEE, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of LESSOR. LESSOR 07-1139/13263 3 shall be reimbursed by LESSEE for all costs and attorney's fees incurred by LESSOR in enforcing this obligation. LESSEE will conduct all defense at its sole cost and expense and the LESSOR shall approve selection of LESSEE's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the LESSEE. 10. WORKERS' COMPENSATION LESSEE acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. LESSEE covenants that it shall comply with such provisions prior to the commencement of this Lease Agreement. LESSEE shall obtain and furnish to LESSOR workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. LESSEE shall require all sublessees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. LESSEE shall furnish to LESSOR a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and LESSEE shall similarly require all sublessees and contractors to waive subrogation. 11. GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurance and LESSEE's covenant to defend, hold harmless and indemnify LESSOR, LESSEE shall obtain and furnish to LESSOR, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Leased Property. This policy shall indemnify LESSEE, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Leased Property, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, 07-1139/13263 4 of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Leased Property. This policy shall name LESSOR, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Lease Agreement shall be deemed excess coverage and that LESSEE's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 12. PROPERTY INSURANCE LESSEE shall provide before commencement of this Lease Agreement and shall obtain and furnish to LESSOR, at LESSEE's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to LESSOR authorized to conduct insurance business in California, in an amount insuring for the full insurable value of all Improvements, Trade Fixtures, personal property whether or not owned or leased by LESSEE, and all trade inventory in or on the Leased Property against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming LESSEE as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming LESSOR as an Additional Insured. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property whether or not owned or leased by LESSEE, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal property whether or not owned or leased by LESSEE, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to LESSOR. The policy shall also contain a special endorsement that if the Leased Property 07-1139/13263 5 are so destroyed triggering the parties' ability to terminate as set forth in Section 52 (Destruction) below, and either party elects to terminate the Lease Agreement, the entire amount of any insurance proceeds (excluding such proceeds for Trade Fixtures, personal property whether or not owned or leased by LESSEE and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to LESSOR. The proceeds of any such insurance payable to LESSOR may be used, in the sole discretion of LESSOR, for rebuilding or repair as necessary to restore the Leased Property or for any such other purpose(s) as LESSOR sees fit. This policy shall also contain the following endorsements: (a) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to LESSOR; (b) LESSOR shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with LESSOR prior to the execution of this Lease Agreement. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with LESSOR. 13. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Lease Agreement, LESSEE shall furnish to LESSOR certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of LESSOR; however ten (10) 07-1139/13263 6 days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance in Section 22 above. LESSEE shall maintain the foregoing insurance coverages in force during the entire term of the Lease Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from LESSEE's defense, hold harmless and indemnification obligations as set forth in this Lease Agreement. LESSOR or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. LESSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 14. MAINTENANCE BY LESSEE LESSEE shall, at its own cost and expense, keep and maintain all portions of the Leased Property, including janitorial service, as well as all improvements on the Leased Property and all facilities appurtenant to the Leased Property, in good order and repair and in as safe and clean a condition as they were when received by LESSEE from LESSOR, reasonable wear and tear also excepted. 15. ALTERATIONS AND LIENS LESSEE shall not make, or permit any other person to make, any alterations to Leased Property or to any improvement thereon or facility appurtenant thereto without the prior written consent of LESSEE first had and obtained. LESSEE shall keep the premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on Leased Property at the instance or request of LESSEE. Furthermore, any and all alterations, additions, improvements and fixtures, made or placed in or on Leased Property by LESSEE or any other person shall on expiration, or sooner termination of this lease, become the 07-1139/13263 7 property of LESSOR and remain on Leased Property; provided, however, that LESSOR shall have the option on expiration, or sooner termination of this lease, of requiring LESSEE, at LESSEE'S sole cost and expense, to remove any or all such alterations, additions, improvements, or fixtures from Leased Property. Any Leased Property improvements must be approved by LESSOR's Department of Building & Safety personnel. 16. SUB -LEASING OR ASSIGNING AS BREACH LESSEE shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in Leased Property or any of the improvements that may now or hereafter be constructed or installed on LEASE PROPERTY, without the express written consent of LESSOR first had and obtained. Neither shall LESSEE sublet Leased Property, or any part thereof, or allow any other person, other than LESSEE'S agents, servants, and employees to occupy Leased Property, or any part thereof, without the prior written consent of LESSEE. A consent by LESSOR to one assignment, one subletting, or one occupation of Leased Property by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of Leased Property by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of LESSOR, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of LESSOR, terminate this lease. The consent of LESSOR to any encumbrance, assignment, including occupation or transfer hereof of LESSEE'S interest in this lease or the subletting by LESSEE of Leased Property or parts of Leased Property shall not be unreasonably withheld. LESSOR'S consent will be based on the financial ability of the proposed sub-lessee/assignee in relation to LESSEE'S financial ability, as well as the proposed party's moral character. LESSOR agrees to give or deny such consent in writing within thirty (30) days of notice by LESSEE. 07-1139/13263 8 17. RELEASE OF INDEMNITY No termination or cancellation hereof shall release LESSEE from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to, or which may be accruing at the time of such termination or cancellation. 18. ATTORNEY' S FEES LESSEE agrees to pay all costs and expenses, including reasonable attorney's fees, of any action commenced by LESSOR to enforce the covenants and conditions of this lease to be kept or performed by LESSEE, whether such action progresses to judgment or not. 19. LESSEE'S COVENANT TO PEACEABLY SURRENDER PROPERTY Upon the termination of this lease by the expiration of the term thereof, or otherwise, LESSEE agrees to peaceably quit and surrender the Leased Property to LESSOR in good order and condition. Any and all property of whatsoever kind or character remaining upon the Leased Property upon the expiration or sooner termination of the lease shall there upon be and become the personal property of LESSOR, but this shall not prevent LESSOR from requiring LESSEE to remove, at LESSEE'S expense, any and all personal property placed upon the Leased Property by LESSEE, which LESSOR may desire removed from the Leased Property. 20. CUMULATIVE REMEDIES The remedies given to LESSOR in this agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this lease. 21. WAIVER OR BREACH The waiver by LESSOR of any breach by LESSEE of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by LESSEE either of the same or another provision of this lease. 07-1139/13263 9 22. FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this lease to be performed by either LESSOR or LESSEE be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall excuse the prompt payment of rent by LESSEE as required by this lease or the performance of any act rendered difficult solely because of the financial condition of the party, LESSOR or LESSEE, required to perform this act. 23. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAIR/REMODELING THE PREMISES LESSOR may close the Leased Property without liability therefore at any time it deems necessary for the protection of life, limb, or property, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by LESSOR. 24. SURRENDER OF POSSESSION LESSEE understands and agrees that upon surrender of possession he will not be entitled to a moving cost payment or any other relocation payment under any State or Federal Relocation Assistance Program. 25. CONTINGENCY This agreement is contingent on the condition precedent that the LESSOR obtains title and possession of the property which is the subject of this lease. 07-1139/13263 10 26. NOTICE Any written notice, given under the terms of this agreement, shall be either delivered personally or mailed, postage prepaid, addressed to the party concerned, as follows: LESSOR: LESSEE: City of Huntington Beach Huntington Beach City Employees Credit Union Attn: Director of Economic Development Attn: Arleen Grauer, Manager 2000 Main Street 2000 Main Street, Room B-272 Huntington Beach, CA 92648 Huntington Beach, CA 92648 27. ENTIRE AGREEMENT LESSOR and LESSEE agree that this lease constitutes the entire agreement between the parties. 28. PARTIAL INVALIDITY Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not impaired. 29. NON -RECYCLABLE ITEMS PROHIBITED All foods and beverages shall be offered or sold in recyclable paper or plastic containers. No pull -top cans or styrofoam containers are to be vended or dispensed from the Leased Property by LESSEE. LESSOR may from time to time review the items sold and containers or utensils used or dispensed by LESSEE for purposes of monitoring compliance with this section. 30. BINDING ON HEIRS AND SUCCESSORS This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, LESSOR and LESSEE, but nothing in this section contained shall be construed as a consent by LESSOR to any assignment of this lease or any interest therein by LESSOR except as provided in this lease. 07-1139/13263 11 31. CAPTIONS Captions of the sections of this agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers /Vp VC-1)74e / , 2007- HUNTINGTON BEACH EMPLOYEES CREDIT UNION, B. print name ITS: (circle one) Chairma ' President Wice President AND /f By: print name ITS: (circle one) Secretary/C Financial Office sst. Secretary -Treasurer REVIEWED AND APPROVED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Director of Economic De lopment APPROVED AS TO FORM: cit§ Administrator - p, City Att rney - 9-7 U1 07-1139/13263 12 ATTAC H M E N T #2 1 MODIFICATION REQUESWE C E I V E OCT 17 INSURANCE AND INDEMNIFICATION WAIVER 1. Requested by: Risk Management City of Huntington Beach 2. Date: October 17, 2007 City Attorney's Office 3. Name of contractor/permittee: Huntington Beach City Employee Credit Union. 4. Description of work to be performed: banking 5. Value and length of contract: 5 year lease 6. Waiver/modification request: General Liability Coverage 7. Reason for request and why it should be granted: unable to comply with $1,000,000 coverage requirement 8. Identify the risks to the City in approving this waiver/modification: N/A Department Head Signature • *- Approved 1ol7 6% Date: Li)��Date 10407088 CUMIS INSURANCE SOCIETY, INC. A STOCK COMPANY OWNED AND OPERATED BY AND FOR CREDIT UNION PEOPLE CERTIFICATE OF INSURANCE This is to certify that such insurance policies as indicated below by policy number have been issued on forms in current use by the society. Hazards covered are indicated by (X). This CERTIFICATE OF INSURANCE neither affirmatively nor negatively amends, extends, or alters the coverage afforded by these policies. Name and Address of Certificate Holder City of Huntington Beach 2000 Main St Huntington Beach CA 92648 2702 NAM t STOE w icURAEY Policy Expiration Type of Insurance Number Date Limits of Liability WORKERS' COMPENSATION Statutory EMPLOYERS' LIABILITY COMPREHENSIVE 046685 Continuous Combined Single Limit GENERAL LIABILITY $500,000 Each Occurrence AUTOMOBILE LIABILITY Combined Single Limit () Owned Automobiles Each Occurrence () Hired Automobiles O Non -Owned Automobiles Repossessed Automobiles EXCESS LIABILITY 046685 Continuous Combined Single Limit $1,000,000 Each Occurrence Should any of the described policies be cancelled before the expiration date noted, the Society will mail 45 days prior written notice of such cancellation to the above named Certificate Holder. The mailing of the notice shall be sufficient proof of notice. Description and location of operations anal/or automobiles and/or property covered: Premises and operations of Huntington Beach City Employee Credit Union located at 2000 Main St., #B-272, Huntington Beach, CA. Refer to CUPOP 6102 for details. Name and Address of Insured Date: HUNTINGTON BEACH CITY EMPLOYEE CREDIT By. UNION PO Box 910 Huntington Beach CA 92648 9920 08/30/2007 4AT11VORIP REPRESENTATIVE WENDY DETRA CGA 200-A27 (133-83) #4 CUNA MUTUAL GROUP 046685 CUMIS Insurance Society, Inc. P.O. Bm 1084 • 5910 Minerat Point Road ADDITIONAL INSURED ENDORSEMENT Madison, W1 53701-1084 800.637.2676 PREMISES YOU LEASE CREDIT UNION PACKAGE OF PROTECTION Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The Common Policy Provisions apply to this endorsement. This endorsement modifies the Business Liability Coverage, Effective 08/28/2007,12:01 a.m. until cancelled. Designation of Premises (Part You Lease): 2000 Main St # B-272 Huntington Beach CA 92648 2702 Name of Person or Organization (Additional Insured): The City of Huntington Beach, its agents, officers, and employees 2000 Main St Huntington Beach CA 92648 2702 WHO IS AN INSURED Who Is An Insured The Who Is An Insured provision in the Business Liability Coverage is replaced with the following: 1. The organization named on the Declarations. 2. Each of the following is also an Insured: a. Your employees, but only for acts within the scope of their employment by you. However, none of these employees is an Insured for: 1) "Bodily injury" or "personal injury" to you or to a co -employee while in the course of his or her employment; 2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or 3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). CUPOP 61 02 03 06 CUMIS Insurance Society, Inc. WLD 08/31 /2007 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 046685 ADDITIONAL INSURED ENDORSEMENT PREMISES YOU LEASE CREDIT UNION PACKAGE OF PROTECTION Who Is An Insured - continued b. Any person (other than your employee), or any organization while acting as your real estate manager. 3. Your volunteer workers but only with respect to their liability for your activities or activities they perform on your behalf. 4. Members of your Board of Directors and committees while acting within the scope of their duties as such on your behalf. 5. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the Policy Period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. 6. The person or organization shown on this endorsement is also an Insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated on this endorsement, leased to you, and subject to the following additional exclusions: The insurance does not apply: a. To any "occurrence" which takes place after you cease to be a tenant in said premises; or b. To structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated above. No person or organization is an Insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured on the Declarations. CUPOP 6102 03 06 CUMIS Insurance Society, Inc. WLD 08/31/2007 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 2 of 2 ZNAT INSURANCE COMPAN` Company No.: 30411 21255 CALIFA ST WOODLAND HILLS, CA 913E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INFORMATION PAGE ITEM 1 Renewal of: C048553805 Policy Number: C080 C048553806 EC INSURED HUNTINGTON BEACH CITY EMPLOYEE CREDIT UNION DIRECT BILL NAME AND PO BOX 910 MAILING HUNTINGTON BEACH, CA 92648 ADDRESS Policy Type: SPECIALTY MARKETS PHYSICAL 2000 MAIN STREET Line: NON -PARTICIPATING LOCATION #ROOM B272 Entity: NON-PROFIT ORGANIZATION HUNTINGTON BEACH, CA 92648 Billing Type: STIPULATED Frequency: MONTHLY FEIN: 95-1821708 PRODUCER ARTHUR J. GALLAGHER & CO. INS. BROKERS, CA, INC. 027420A P.O. BOX 7443 100 SAN FRANCISCO, CA 94120-7443 ITEM 2 The Policy Period is from: 07/01/07 to: 07/01/08 12:01 A.M. standard time at the insured's mailing address ITEM 3 A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: CALIFORNIA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1,000,000 Each Employee Bodily Injury By Disease $ 1,000,000 Policy Limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except states listed in item 3.A and NORTH DAKOTA, OHIO, WASHINGTON, WEST VIRGINIA, WYOMING D. See attached list for endorsements and schedules. ITEM 4 The premium for this policy will be determined by our manuals of Rules, Classifications, Rates and Rating PIans. All information required below is subject to verification and change by audit. See endorsement WC-99-00-01: RATING SCHEDULE Total Estimated Annual Premium $ 4,816 Minimum Premium $ 500 Deposit Premium $ 1,065 Countersigned At: Los Angeles 012, CA On: 06/04/07 By: WC-00-00-O I A (Ed. 07-00) INSURED COPY Ilk Authorized Representative 10407088 CUMIS INSURANCE SOCIETY, INC. A STOCK COMPANY OWNED AND OPERATED BY AND FOR CREDIT UNION PEOPLE CERTIFICATE OF INSURANCE This is to certify that such insurance policies as indicated below by policy number have been issued on forms in current use by the society. Hazards covered are indicated by (X). This CERTIFICATE OF INSURANCE neither affirmatively nor negatively amends, extends, or alters the coverage afforded by these policies. Name and Address of Certificate Holder City of Huntington Beach 2000 Main St Huntington Beach CA 92648 2702 Policy Expiration Type of Insurance Number Date Limits of Liability WORKERS' COMPENSATION Statutory EMPLOYERS' LIABILITY COMPREHENSIVE 046685 Continuous Combined Single Limit GENERAL LIABILITY $500,000 Each Occurrence AUTOMOBILE LIABILITY Combined Single Limit () Owned Automobiles Each Occurrence O Hired Automobiles () Non -Owned Automobiles () Repossessed Automobiles EXCESS LIABILITY 046685 Continuous Combined Single Limit $1,000,000 Each Occurrence Should any of the described policies be cancelled before the expiration date noted, the Society will mail 45 days prior written notice of such cancellation to the above named Certificate Holder. The mailing of the notice shall be sufficient proof of notice. Description and location of operations and/or automobiles and/or property covered: Premises and operations of Huntington Beach City Employee Credit Union located at 2000 Main St.., #B-272, Huntington Beach, CA. Refer to CUPOP 6102 for details. Name and Address of Insured Date: 08/30/2007 HUNTINGTON BEACH CITY EMPLOYEE CREDIT By: UNION PO Box 910 Huntington Beach CA 92648 9920 AUTHORIZED REPRESENTATIVE WENDY DETRA CGA 200-A27 (133-83) .501 CUNA IIPJFUAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1084 • 5910 Mineral. Point Road Madison, W1 537014084 800.637.2676 Effective Date: 08/28/2007 CREDIT UNION PACKAGE OF PROTECTION COMMON POLICY DECLARATIONS Policy Number: 046685 Named Insured and Mailing Address: Representative: Huntington Beach City Employee Credit Union Borensteinjozann E PO Box 910 Huntington Beach CA 92648 9920 to4-0708-8 046685 Policy Period: From: 03/26/2007 To: 03/26/2008 at 12:01 AM., Standard Time at your mailing address shown above until terminated. REASON FOR THIS DECLARATION: Endorsement Added Additional Insured. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PROPERTY/EXPENSE/INCOME COVERAGES LIABILITY COVERAGES REAL ESTATE LENDING COVERAGES TERRORISM RISK INSURANCE ACT COVERAGE Annual Premium $423.00 $577.00 $194.00 $38.00 $1,232.00 This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. FORM(S) AND ENDORSEMENTS(S) MADE A PART OF THIS POLICY:* Refer to Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage/Co; ge orm Declarations. Al 08/31/2007 Countersignature Date Authorized Representative (where required) CUPOP 01 01 03 97 WLD 08/31 /2007 W. CUNA MLTFUAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1084 • 5910 Mineral Point Road Madison, WI 53701-1084 800.637.Z676 PART I PROPERTY/EXPENSE/INCOME COVERAGES DECLARATIONS Policy Number: 046685 DESCRIPTION OF PREMISES: 104-0708-8 046685 Effective Date: ---� 08/28/2007 Representative: Bore nstein jozann E Prems. Bldg. No. No. Location 1 1 2000 Main St # B-272 Huntington Beach CA 92648 2702 COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Limit of Coverage Insurance Business Personal Property $205,427 Extra Expense $45,000 Data Processing Equipment $20,000 Data Processing Extra Expense $20,000 Causes of Inflation Deductible Loss Form Guard 1 Coinsurance $0 Special Special $0 100% This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. MORTGAGE HOLDERS: Refer To Mortgagee/Loss Payee Schedule. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule (1) Automatic Increase In Limit of Insurance PART I — PROPERTY/EXPENSE/INCOME COVERAGES CUPOP 01 01 03 97 WLD 08/31 /2007 .#1 CUNA MUMAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1084 • 5910 Mineral Point Road Madison, WI 53701-1084 800.637,2676 PART 11 PROPERTY COVERAGES DECLARATIONS Policy Number: 046685 For PERILS COVERED see applicable form attached. COVERAGE Valuable Information UL Class C or SMNA "F1-D 1 hour" Records on EDP Media & Dup Daily. Effective Date: 08/28/2007 Representative: Borenstein,Jozann E LIMIT OF INSURANCE $ 500,000 104-0708-8 046685 DEDUCTIBLE This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule PART II — PROPERTY COVERAGES CUPOP 01 01 03 97 WLD 08/31/2007 ®�® CUNA WTUAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1094 • 5910 Mineral Point Road Madison, WI 53701-1084 800.637 2676 PART III LIABILITY COVERAGE DECLARATIONS Policy Number: 046685 104-0708-8 046685 Effective Date: 08/28/2007 Representative: Borensteinjozann E COVERAGE LIMITS OF INSURANCE Business Liability Each Occurrence $500,000 Medical Payments Each Person $5,000 Employers Liability Excess Liability Each Occurrence $1,000,000 Contributing Data Processor's Errors and Omissions Each Occurrence Deductible - Per Loss PREMS. STATE NO. CLASSIFICATION DESCRIPTION California 1 Premises - open to public California 1 Premises - occupied by employees Excess Liability This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule PART III — LIABILITY COVERAGE CUPOP 0101 03 97 WLD 08/31/2007 CUNA MUTUAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1084 • 5910 Mineral Point Road Madison, WI 53701-1084 800.637.2676 PART IV SCHEDULE OF UNDERLYING INSURANCE Policy Number: 046685 Effective Date: OS/Z8/Z007 Representative: Borensteinjozann E 104-0708-8 046685 TYPE OF POLICY OR COVERAGE PRIMARY INSURER, POLICY PERIOD LIMITS OF LIABILITY CUMIS INSURANCE SOCIETY, INC. Business Liability Each Occurrence 046685 $500,000 03/26/2007 to 03/26/2008 Bodily Injury Liability CUMIS Insurance Society, Inc. $0 each person $0 each accident Automobile Liability 052604 Property Damage Liability $0 each accident Combined Single Limit 03/26/2007 to 03/26/2008 $500,000 each accident Bodily Injury Liability $ each person $ each accident Property Damage Liability Contingent Liability $ each accident Combined Single Limit $ each accident TIG Premier Insurance Co. Employers Liability Bodily Injury Liability 80585363 each accident/each occurrence $1,000,000 06/01/2006 to 06/01/2007 This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule PART IV — SCHEDULE OF UNDERLYING INSURANCE CUPOP 01 01 03 97 WLD 08/31/2007 CUMIS Insurance Society, Inc. P.O. Box 1084 • 5910 Minerat Point Road Madison, WI 53701-1084 800.637.2676 PART V REAL ESTATE LENDING COVERAGES DECLARATIONS Policy Number: 046685 104-0708-8 046685 Effective Date: ---� 08/28/2007 Representative: Borenstein,Jozann E LIMIT OF COVERAGE INSURANCE DEDUCTIBLE Mortgage Recording Per Mortgage $50,000 $5,000 Annual Aggregate $100,000 This document contains confidential information that belongs to CUNA Mutual Group. No part of this document maybe transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule PART V - REAL ESTATE LENDING COVERAGE CUPOP 01 01 03 97 WLD 08/31/2007 .T(CUNA MUTUAL GROUP CUMIS Insurance Society, Inc. P.O. Box 1084 • 5410 Mineral Point Road Madison, WI 53701-1084 800.637.2676 LOCATIONS SCHEDULE Policy Number: 046685 Huntington Beach City Employee Credit Union PO Box 910 Huntington Beach CA 92648 9920 104-0708-8 046685 Effective Date: 08/28/2007 Representative: Borenstein,Jozann E PREMS BLDG STREET NO. NO. CITY ST ZIP 1 1 2000 Main St # B-272 Huntington Beach CA 92648 2702 This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. Locations Schedule CUPOP 01 0103 97 WLD 08/31 /2007 ®1®t CUNA NfL TUAL GROUP CUMIS Insurance Society; Inc. P.O. Box 1084 • 5910 Mineral Point Road Madison, WI 1-1084 800.637.267(3 COMMON POLICY PROVISIONS 67b CREDIT UNION PACKAGE OF PROTECTION CONTENTS GeneralPolicy Conditions...................................................................................................................... 5 Audit And Inspection Bankruptcy Or Liquidation Proceeding Cancellation Conformity With Statute Concealment, Misrepresentation Or Fraud Control Of Property Coverage Territory Insurance Under Two Or More Coverages Liberalization Modification Of Policy Terms No Benefit To Bailee Nonrenewal Other Insurance - Business Liability Coverage Other Insurance - Excess Liability Coverage Other Insurance - Property And Lending Coverages Policy Period Premiums Separation Of Insureds Titles Of Paragraphs Transfer Of Your Rights And Duties Under This Policy LossConditions...................................................................................................................................... 11 Abandonment Appraisal Arbitration Of A Property, Expense/Income Or Lending Loss Legal Action Against Us Loss Payment Recovered Property Rights To Recover From Others The Injured Person's Duties In The Event Of A Medical Payments Loss Your Duties In The Event Of A Liability Occurrence, Claim, Suit Or Lawsuit Your Duties In The Event Of A Property, Lending Or Expense/Income Coverage Loss Or Damage Exclusion Applicable To Liability Coverages..................................................................................... 16 Nuclear Energy CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 1 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Definitions............................................... Accidental Breakdown Actual Cash Value Advertising Injury Annual Aggregate Limit Auto Automated Teller Machine Automatic Sprinkler System Bodily Injury Bonus Payments Business Income By -Product Material Communication Supply Service Conversion Data Processing Equipment Data Processing Services Defense Expense Dependent Business Premises Discovered Environment Extra Expense Foreclosed Property Fungus Hazardous Properties Hostile Fire Impairment Lack Or Insufficiency Of Insurance Lawsuit Leased Auto Loading Or Unloading Loss To Your Data Processing Operations Loss To Your Mortgageholder's Interest Money Non -Negotiable Securities Nuclear Facility Nuclear Material Nuclear Reactor Object Occurrence Outstanding Loan Balance Period Of Restoration COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION CONTENTS ...........................................................................17 CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 2 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION CONTENTS Definitions - continued Personal Injury Pollutants Pollution Or Contamination Power Supply Service Prepaid Rent Products -Completed Operations Hazard Professional Service Profit On A Sub -Lease Property Damage Real Estate Real Property Rental Income Repossessed Securities Sewage Treatment Service Soft Costs Source Material Special Nuclear Material Spent Fuel Suit Tenant's Lease Interest Tenant's Interest In Undamaged Improvements And Betterments Underlying Insurer Underlying Insurance Underlying Policy Valuable Information Valid Insurance Waste Watercraft Water Supply Service Your Product Your Work CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 3 of 34 Includes copyrighted material of insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION All the Coverages in this Policy are subject to the following Provisions. They apply unless superseded by a more specific Provision in an individual Coverage's wording. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words "you" and "your" refer to the Named Insured shown on the Declarations. The words "we," "us" and "our" refers to CUMIS Insurance Society, Inc. Other words and phrases that appear in quotation marks have special meaning and are defined in the Policy. GENERAL POLICY CONDITIONS Audit And Inspection 1. We may examine and audit your books and records as they relate to this Policy at any time during the Policy Period and up to three years afterward. 2. We have the right but are not obligated to: a. Make inspections and surveys at any time; and b. Give you reports on the conditions we find; and c. Recommend changes. 3. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. These conditions apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. Bankruptcy Or Liquidation Proceeding Your bankruptcy, liquidation, or insolvency will not relieve us of any of our obligations under this Policy. CUPOP 02 00 03,06 CUMIS Insurance Society, Inc. Page 5 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS. Cancellation 1. You may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies in Effect For Less than 60 days: If this Policy has been in effect for less than 60 days and is not a renewal with us, we may cancel by notifying you at least 20 days before the date cancellation takes effect. 3. Cancellation Of Policies in Effect For 60 Days Or More: If this Policy has been in effect for 60 days or more, or if this Policy is a renewal of a policy we issued, we may cancel this Policy only for one or mote of the following reasons: a. Nonpayment of premium; b. Substantial change in the risk assumed, except to the extent that we should have reasonably foreseen the change or contemplated the risk in writing the contract; c. Substantial breach of contractual duties or conditions; d. Loss of reinsurance applicable to the risk insured against resulting from termination of treaty or facultative reinsurance initiated by our reinsurer or reinsurers; e. A determination by the insurance department that continuation of this Policy would jeopardize our solvency or place us in violation of the insurance laws of this or any other state; or f. Acts or omissions by you or your representative which materially increase the hazard insured against. If we cancel this Policy based on one or more of the above reasons, we will mail to you and mail to the agent, if any, written notice of cancellation stating the reasons for cancellation. We will mail this notice to the last mailing address known to us, at least: a. 45 days before the effective date of cancellation if we cancel for nonpayment of premium. b. 60 days before the effective date of cancellation if we cancel for any of the other reasons. 4. Notice of cancellation will state the effective date of cancellation. The Policy will end on that date. CUPOP 02 00 03 06 CUMiS insurance Society, Inc. Page 6 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS Cancellation - continued 5. If this Policy is cancelled by us or you, we will send you any premium refund due. If we cancel, the refund will be pro rata. If you cancel, the refund may be less than pro rata. Conformity With Statute Terms of this Policy which are in conflict with the statutes of the state where this Policy is issued are amended to conform to such statutes. Concealment, Misrepresentation Or Fraud This entire Policy is void if whether before or after a loss you have willfully concealed or misrepresented any material fact or circumstances concerning this insurance. An inadvertent error by you to disclose all hazards to us shall not invalidate coverage that is otherwise afforded under this Policy. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Policy at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. Coverage Territory Coverage under this Policy applies in all parts of the world unless otherwise stated in the Coverage. With respect to Liability Coverages, when claim or "suit" is brought outside the United States of America (including its territories and possessions), Puerto Rico and Canada, the following applies: We have the right, but not the duty, to investigate and settle such claims and to defend such "suits." In any case we elect not to investigate, settle or defend; you will investigate and defend as reasonably necessary. We have the right, but not the duty, to supervise your investigation and defense. Subject to our prior authorization, you will make settlement as we deem proper. We will reimburse you for the reasonable cost of such investigation and defense. We will reimburse you for the amount of the settlement we have authorized. Insurance Under Two Or More Coverages If two or more of this Policy's Coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. CUPOP 02 00 03 06 CUMIS insurance Society, Inc. Page 7 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS Liberalization If we adopt any revision within 75 days prior to or during the Policy Period that would broaden the coverage under this Policy, without additional premium, the broadened coverage will immediately apply to this Policy. Modification Of Policy Terms This Policy contains all the agreements between you and us concerning the insurance afforded: This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. Nonrenewal 1. If we elect not to renew this Policy, we will mail to you and mail to the agent, if any, written notice of nonrenewal. We will mail this notice to the last mailing address known to us at least 60 days prior to the end of the Policy Period. 2. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. If either one of the following occurs, we are not required to provide written notice of nonrenewal: a. We or a company within the same insurance group has offered to issue a renewal policy; or b. You have obtained replacement coverage or agreed in writing to do so. Other Insurance - Business Liability Coverage If other valid and collectible insurance is available to you for a loss we cover under Coverage A, B or C of Business Liability Coverage, our obligations are limited as follows: a. Primary Insurance - This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 8 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS Other Insurance - Business Liability Coverage - continued b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or any other basis: 1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; or 2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; or 3) If the loss arises out of the maintenance or use of aircraft, or "watercraft" to the extent not subject to Coverage A Exclusions. When this insurance is excess, we will have no duty under Coverage A or B to defend you against any "suit" if any other insurer has a duty to defend you against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to your rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self -insured amounts under all that other insurance. c. Method Of Sharing - If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown on the Declarations for Business Liability Coverage. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 9 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS Other Insurance - Excess Liability Coverage Excess Liability Coverage is excess over any other valid and collectible insurance whether primary, excess, contingent, or any other basis, except other insurance written specifically to be excess of Excess Liability Coverage. The other insurance will be deemed valid and collectible regardless of: a. Any defense asserted by any other insurer because of your failure to comply with the terms of that insurance; or b. The inability of any other insurer to pay for a loss due to bankruptcy or insolvency. Other Insurance - Property And Lending Coverages 1. You may have other insurance subject to the same plan, terms, conditions and provisions as this insurance. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit Of Insurance bears to the Limits Of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit Of Insurance. Policy Period We will pay for loss, damage, or an "occurrence" that happens during the Policy Period shown on the Declarations. Premiums You are responsible for payment of all premiums and will be the payee for any return premiums we pay. All premiums of this Policy will be computed according to our rules, rates, rating plans, premiums and minimum premiums applicable to the Coverages provided. The premiums are based on conditions existing at the beginning of the Policy Period or the last anniversary date of this Policy. We may, because of undeclared exposures or change in conditions, require an additional premium according to our rates, rules and forms in effect at the time of the change. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 10 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION GENERAL POLICY CONDITIONS' Separation Of Insureds Except with respect to the Limits Of Insurance, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Titles Of Paragraphs The titles of the various paragraphs of this Policy and endorsements are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this Policy may not be transferred without our written consent. LOSS CONDITIONS Abandonment There can be no abandonment of any property to us. Appraisal If we and you disagree on the value of the property or the amount of loss, either may make written request for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. This appraisal is to determine the value of the property or the amount of loss. It is not a confirmation of coverage. We still retain our right to assert any defenses. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 11 of 34 Includes copyrighted material of Insurance Services office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION LOSS CONDITIONS Arbitration Of A Property, Expense/Income Or Lending Loss If you and we disagree on whether there is any coverage under the Property, Expense/Income, or Lending Coverages, or the amount of coverage, the controversy will be settled by arbitration upon written demand of either party. Written notice must be made within 60 days after we receive proof of loss or damage. The procedure is as follows: a. The arbitration will be conducted in accordance with the rules of the American Arbitration Association, unless other means of conducting the arbitration are agreed to between the parties. b. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. All parties agree to consider themselves bound by any award made by the arbitrators Legal Action Against Us 1. Property, Lending or Expense/Income Coverages: No person or organization may bring a legal action against us under these Coverages unless: a. There has been full compliance with all of the terms of the coverage and these provisions; and b. The action is brought within 3 years after the date that the loss occurred. If in conflict with state statutes that allow you a certain time period for filing "suit," this provision is amended to conform to such statutes. 2. Liability Coverages: No person or organization has a right under these Coverages: a. To join us as a party or otherwise bring us into a "suit" asking for damages from you. b. To sue us on one of these Coverages unless all of the terms of the Coverage and these provisions have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against you obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of one of these Coverages or that are in excess of the applicable Limit Of Insurance. An agreed settlement means a settlement and release of liability signed by us, you and the claimant or the claimant's legal representative. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 12 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION LOSS CONDITIONS Loss Payment We will adjust all losses with you. We will pay you unless some other person is named in the Policy to receive payment. Payment for loss will be made within 30 days after we reach agreement with you, entry of a final judgment, or the filing of an appraisal award with us. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses subject to the Limit Of Insurance. Rights To Recover From Others If you have rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us. You must do everything necessary to secure these rights. You must do nothing after a loss to impair those rights. At our request you will bring "suit" or transfer those rights to us and help us enforce them. But you may waive your rights against another party in writing prior to a loss. The Injured Person's Duties In The Event Of A Medical Payments Loss At our request, the injured person must see that the following are done: a. Give us written proof of claim, under oath if we request, as soon as practicable. b. Give us written authorization to allow us to obtain copies of medical reports and records. c. Submit to examination, at our expense, by physicians of our choice as often as we reasonably require. d. Permit us to question the injured person at such times as may be reasonably required, about any matter relating to the accident and "bodily injury." If requested, the answers must be by a signed or recorded statement. e. Cooperate with us in the investigation or settlement of the claim. Your Duties In The Event Of A Liability Occurrence, Claim, Suit Or Lawsuit 1. You must see to it that we are notified promptly of an "occurrence," negligent act, error or omission which may result in a claim. Notice should include: CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 13 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION LOSS CONDITIONS Your Duties In The Event Of A Liability Occurrence, Claim, Suit Or Lawsuit - continued a. How, when and where the "occurrence" took place; and b. The names and addresses of any injured persons and witnesses. 2. If a claim is made or "suit" or "lawsuit" is brought against any insured, you must see to it that we receive prompt written notice of the claim, or "suit" or "lawsuit." We will not be responsible for any expenses, including attorney's fees, incurred by you, without our prior consent. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim, "suit" or "lawsuit"; and b. Authorize us to obtain records and other information; and c. Cooperate with us in the investigation, settlement or defense of the claim, or "suit" or "lawsuit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. The duty to defend does not begin until we are given notice of a "suit" or "lawsuit" and all other Conditions and duties arising under the Policy have been complied with. Your Duties In The Event Of A Property, Lending Or Expense/Income Coverage Loss Or Damage You must see that the following are done in the event of loss or damage to Covered Property: a. Notify the police if a law may have been broken. b. Give us prompt notice of the loss or damage. Include a description of the property involved. But, failure to furnish such notice or proof of loss as soon as reasonably possible will not invalidate or reduce a claim unless our rights are jeopardized. c. As soon as possible, give us a description of how, when and where the loss or damage occurred. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 14 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION LOSS CONDITIONS Your Duties In The Event Of A Property, Lending Or Expense/Income Coverage Loss Or Damage - continued d. Take all reasonable steps to protect the Covered Property from further damage. If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses, for consideration in the settlement of the claim. e. At our request, give us complete inventories of the damaged and undamaged property., Include quantities, costs, values and amount of loss claimed. f. Permit us to inspect the Covered Property and records proving the loss or damage. g. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. h. Send us a signed, sworn statement of loss containing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. i. Cooperate with us in the investigation or settlement of the claim. j. Promptly send us any legal papers or notices received concerning the loss. k. Make no statement that will assume any obligation or admit any liability, for any loss for which we may be liable, without our consent. 1. In case of loss to "valuable information," make every reasonable effort to collect amounts owed to you. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 15 of 34 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMON POLICY PROVISIONS CREDIT UNION PACKAGE OF PROTECTION EXCLUSION APPLICABLE TO LIABILITY COVERAGES Nuclear Energy 1. This insurance does not apply: a. Under any Liability Coverage, to "bodily injury" or "property damage" including all forms of radioactive contamination of property: 1) With respect to which an insured under the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or 2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any amendatory law thereof; or b) The insured is, or had this Policy not been issued, would be entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material," if: 1) The "nuclear material": a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or b) Has been discharged or dispersed there from. 2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, process, stored, transported or disposed of by or on behalf of an insured; or 3) The "bodily injury" or "property damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but, if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion 3) applies only to radioactive contamination to such "nuclear facility" and any property there at. CUPOP 02 00 03 06 CUMIS Insurance Society, Inc. Page 16 of 34 Includes copyrighted material of Insurance Services office, Inc., with its permission. Huntington Beach City Employee Credit Union Credit Union Protection Premium Comparison Credit Union Package of Protection Date Created: 01/03/2007 Contract #: 104-0708-8 Policy #: 046685 Credit Union Package of Protection Policy Term: 03/26/2007 to 03/26/2008 Policy Term: 03/26/2006 to 03/26/2007 Locational Coverages Single Loss Limit Single Loss Deductible Annual Premium Single Loss Limit Single Loss Deductible Annual Premium 2000 Main St # B-272 Huntington Beach CA 92648 2702 Business Liability $211 $211 Bodily Injury & Property Damage $500,000 $500,000 Medical Payments $5,000 $5,000 Building #1: Business Personal Property $205,427 $0 $138 $197,526 $0 $136 Extra Expense $45,000 N/A $33 $45,000 N/A $33 Data Processing Equipment $20,000 $0 $37 $20,000 $0 $37 Data Processing Extra Expense $20,000 N/A $37 $20,000 N/A $37 Premium for This Location $456' $454 This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. Credit Union Protection Response Center: CUPOP Page 1 of 3 2007 CUNA Mutual Group, Inc. 1-800-637-2676 f�J'^��, CUMIS Insurance Society, Inc Proprietary and Confidential Huntington Beach City Employee Credit Union Credit Union Protection Premium Comparison Credit Union Package of Protection Date Created: 01/03/2007 Contract #: 104-0708-8 Policy #: 046685 Credit Union Package of Protection Policy Term: 03/26/2007 to 03/26/2008 Policy Term: 03/26/2006 to 03/26/2007 Locational Coverages — All Locations Annual Premium Annual Premium Business Personal Property $138 $136 Extra Expense $33 $33 Data Processing Equipment $37 $37 Data Processing Extra Expense $37 $37 Business Liability $211 $211 Total Premium —All Locations $456:: $454' This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. Credit Union Protection Response Center: CUPOP Page 2 of 3 2007 CUNA Mutual Group, Inc. 1-800-637-2676 CUMIS Insurance Society, Inc Proprietary and Confidential Huntington Beach City Employee Credit Union Credit Union Protection Premium Comparison Credit Union Package of Protection Date Created: 01/03/2007 Contract #: 104-0708-8 Policy #: 046685 Credit Union Package of Protection Policy Term: 03/26/2007 to 03/26/2008 Policy Term: 03/26/2006 to 03/26/2007 Non-Locational Coverages Single Loss Limit Single Loss Deductible Annual Premium Single Loss Limit Single Loss Deductible Annual Premium Mortgage Recording Per Mortgage $50,000 Aggregate $100,000 $5,000 $194 Per Mortgage $50,000 Aggregate $100,000 $5,000 $189 Valuable Information $500,000 N/A $178 $500,000 N/A $179 Excess Liability $1,000,000 N/A $366 $1,000,000 N/A $366 Premium for. Non-Locational Coverages $738" $733 Terrorism Risk Insurance Act Coverage $38,00 $38.00 Total Premium - Credit Union Package of Protection $ 1,232 $1,225 This summary presents only a brief description of some of the major features of coverage underwritten by CUMIS Insurance Society, Inc., a member of the CUNA Mutual Group. The Premiums shown are for a 12 month Annual Policy Period, whether or not a policy is effective during all of the 12 month period. Some premium variations may occur as a result of rounding. This Premium Comparison is not a contract. No coverage is provided by this summary, nor does it replace any provisions of any policy. Please refer to your Declarations page. This document contains confidential information that belongs to CUNA Mutual Group. No part of this document may be transmitted, reproduced, used, or disclosed outside of the receiving credit union/organization without the express written consent of CUNA Mutual Group. Credit Union Protection Response Center: CUPOP Page 3 of 3 2007 CUNA Mutual Group, Inc. 1-800-637-2676 CUMIS Insurance Society, Inc Proprietary and Confidential �Y ATTACHMENT x _ I J � 4 :?t _��C' l7[. I : " i�Z � , av+B r� � < -"OFE- � C-lAflJ2 Off � ; _ YT.�✓l _ ' - - ' azsv � �✓" - " I ` Al 63e6 .- - '. - � - � Yr('Rh/L $,�eFiHd'{!f'i(DN/�f/. f 9EV♦"iQ>'H6uf - - W "j, Z4u _ .. or.�a,?v-Wu�rH �i ur 92Toz INITIATING DEPARTMENT: Economic Development Department SUBJECT: Approve Lease Agreement between the City of Huntington Beach and the City of HB Employees Credit Union COUNCIL MEETING DATE: November 19, 2007 RCA ATTACHMENTS STATUS' Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) tt th NoApplicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLAHATW FOR MW11HO ATTACHMEHTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) it f , , (Below Space For City Clerk's, lJse -- - RCA Author: T. Krause x1529 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK November 28, 2007 Huntington Beach City Employees Credit Union Attn: Arlene Grauer, Manager 2000 Main Street, Room B-272 Huntington Beach, CA 92648 Dear Ms. Grauer Enclosed for your records is a copy of the Lease Agreement Between the City of Huntington Beach and The City of Huntington Beach Employees Credit Union. Sincerely, JF:pe Enclosure G: followup: agrmtltr Sister Cities: Anjo, Japan m Waitakere, New Zealand t Telephone: 714-536-5227 )