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HomeMy WebLinkAboutLease Agreement for 7371 Hanna Street (Senior Center) - Amendment No. 1FIRST AMENDMENT TO LEASE (73 71 Hanna Street, Gilroy, CA) This First Amendme t to Lease ( "First Amendment') is dated for reference purposes only as of the day of January, 2015, and made by and between the CITY OF GILROY, a municipal corporation ( "Landlord ") and the YMCA OF SILICON VALLEY, a California nonprofit corporation ( "Tenant'). WITNESSETH WHEREAS Landlord and Tenant entered into a Lease on or about January 1, 2013 (the "Original Lease ") for the premises located at 7371 Hanna Street, Gilroy, California ( "Premises); and WHEREAS Landlord and Tenant wish to amend the Original Lease to extend the Lease Term for a two year period and specify the updated ending date of the Term. NOW, THEREFORE, in order to effectuate the intent of the parties as set forth above and for good and valuable consideration exchanged between the parties, the Original Lease is amended as follows: 1. The scheduled date upon which the Term of the Original Lease is to expire is changed from December 31, 2014, to December 31, 2016, notwithstanding any contrary provision of the Lease. 2. All defined terms shall have the same meanings as in the Original Lease, except as otherwise stated in this First Amendment. 3. Except as hereby amended, the Original Lease and all of the terms, covenants and conditions thereof shall remain unmodified and in full force and effect. In the event of conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Lease, the terms and provisions of this First Amendment shall prevail. IN WITNESS WHEREOF, the parties hereto have set their hands to this First Amendment as of the day and date first above written. 4835 - 3520-48970 MVAKHARIA104706083 Tenant: YMCA OF SILICON VALLEY By: Printed Name: aYolan Its: CdD Landlord: CITiHaggl ROY By: Tom , Ci Administrator Approved as to form: Gilroy City Attorney 4835 - 352048970 Page 2 MVAKHARIA104706083 g Client#: 27430 YMCAOFSI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDNYYY) 7/31/2014 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 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Barney & Barney 1999 Harrison St., Suite 1230 CA License.#OH18131 NAOMNTE:CT Felicia MCAroy PHONE 510 273 -8888 F (510) 273 -8867 A/C �" ac, Na 11 ADDRESS: felicia.mcaroy@bameyandbamey.com CP0102622000 8101/2014 Oakland, CA 94612 INSURER(S) AFFORDING COVERAGE NAIC S INSURER A: Zurich American Insurance Co. 116535 INSURED INSURER B: Cypress Insurance Company (CA) 110855 YMCA of Silicon Valley 80 Saratoga Avenue Santa Clara, CA 95051 INSURER C: American Guarantee & Liability 26247 INSURER D: $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- T X LOC POLICY PRODUCTS - COMP /OP AGG $1,000,000 INSURER E $ INSURER F: AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED .AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADDUSUBR INSR IWVD POLICY NUMBER POLICY EFF MM/DO/YYYY POLICY EXP MWOD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE I OCCUR I CP0102622000 8101/2014 07/01/2015 EACH OCCURRENCE $1,000,000 PREMISES ERa occurrrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- T X LOC POLICY PRODUCTS - COMP /OP AGG $1,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED .AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS I CP0102622000 8/01/2014 07/01/201 COMa BcidenINED U SINGLE LIMIT (E ac $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ $ C X UMBRELLA LIAR EXCESS LIAR I OCCUR I CLAIMS-MADE 1 AUC017674700 8/01/2014 07101/201 EACH OCCURRENCE $5000000 AGGREGATE $5,000,000 DED I X I RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 1 N/A 3300064823141 7/01/2014 07/01!201 OTH- X WC VTATU- 11 ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Regarding use of leased premises at: 7371 Hanna Street, Gilroy, CA. City of Gilroy is included as Additional Insured with regards to General Liability per attached endorsement. City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Recreation Department ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S116395/M116030 PAT10 POLICY NUMBER: 01Lx0092733785 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or O anization s City of Gilroy Recreation Department 7351 Rosanna Street Gilroy CA 95020 Information required to complete this Schedule, if not shown above, willbe shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 INSURED: YMCA or Silicon valley POLICY M CP0102622000 POLICY PERIOD: 08/01/2014 Additional Insured —Automatic — Owners, Lessees Or Contractors TO 07/01/2015 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: American Safety & Health Address (including ZIP Code); Institute 1450 Westec Drive Eugene, OR 97402 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to'inciude as an additional In6ured any'person or organizc ion whom you are regwred,to add ai n additional' insured; on this policy under. a written contractor written agreement, Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or 'your work" as included in the "products- completed operations hazard ", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured. 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. S. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of; or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commerciai General Liability Conditions: U -GL -1175• F CW (04/13) Page 1 of 2 Includes copyrighted materiel of Insurance Services Office, Inc., with its penmssion. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim, 2. We receive written notice of a claim or "suit" as soon as practicable, and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contractor written agreement requires that this coverage be primary and non - contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary land Noncontributory Insurance This insurance is primary to and wilt not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b cantributiori m o Ie n contract ; or written agreement that? this:,insurance .be primary and `riot seek ranee available tor the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions. This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the addtional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the followng is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U- GL -117SF CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its percussion. LEASE 1. Parties. This lease ( "Lease ") is entered into as of the 1st day of January, 2013 ( "Commencement Date "), by and between THE CITY OF GILROY, a municipal corporation ( "City") and YMCA OF SILICON VALLEY, a California nonprofit corporation ( "Tenant"). 2. Lease of Leased Premises. 2.1 Leased Premises. City hereby leases to Tenant and Tenant leases from City that portion of the Building located at 7371 Hanna Street, Gilroy California ( "Building "), that is identified as the "Leased Premises" on the attached Exhibit "A" and is referred to herein as the "Leased Premises. ". Other portions of the Building shall remain in control of City or tenants thereof. Tenant shall have the non- exclusive right to use the parking area located adjacent to the Building and such other portions of the Building, designated from time to time as common area by City, in connection with the conduct of Tenant's business in the Leased Premises, subject to such reasonable rules and regulations as may be promulgated by City from time to time. Without limiting the foregoing, the restrooms within the Building shall be considered common area, subject to nonexclusive use by Tenant, City and other users designed by City. Tenant acknowledges that City may, in its sole discretion, utilize all common areas and any other portion of the Building which is not leased to Tenant pursuant to this Lease, provided that the Tenant's use of the common areas as permitted under this Lease is not unreasonably impaired. 2.2 Condition of Leased Premises. Tenant agrees that the Leased Premises are leased in an "As Is" condition, without representation or warranty of any kind, express or implied. On the Commencement Date (defined in Section 3.1 below), Tenant shall be deemed to have accepted the Leased Premises as being in good and sanitary working order, condition and repair and to have accepted the Leased Premises in its existing conditions, subject to all applicable laws, covenants, restrictions, easements and other matters of public record. Tenant acknowledges that neither City nor City's agents have made any representation or warranty as to the suitability of the Leased Premises for the conduct of Tenant's business, the condition of the Leased Premises, or the use or occupancy which may be made and Tenant has independently investigated and is satisfied that the Leased Premises are suitable for Tenant's intended use and that the Leased Premises meet all governmental requirements for such intended use. Tenant shall not make any alterations or additions to the Leased Premises without the consent of City, which approval may be withheld in City's sole discretion. 3. Term. 3.1 Lease Term. The term of this Lease ( "Lease Term ") shall commence on the Commencement Date and end on December 31, 2014, subject to earlier termination as set forth in this Lease. In no event shall Tenant have the option to extend this Lease Tenn beyond December 31 „2014, notwithstanding any provision of this Lease to the contrary. Notwithstanding the foregoing, City shall have the right to terminate this Lease prior to its natural expiration by giving Tenant not less than thirty (30) days prior written notice, which notice shall set forth the effective date of termination. 3.2 Holdover. If Tenant holds over after the termination of this Lease without the consent of City, Tenant shall indemnify, defend and hold City harmless from and against any claim, loss, damage, expense or liability resulting from Tenant's failure to surrender the Leased Premises. 4. Rent. City agrees to lease the Leased Premises to Tenant at no cost, except as otherwise expressly set forth in this Lease, in exchange for services to be provided by Tenant, which services are more particularly described in Section 7 below. Such services shall be provided without charge to City. 5. Compliance with Law. Tenant's obligation to comply with applicable laws shall not include a requirement that Tenant make any structural alterations, changes, additions, or improvements to the Leased Premises, or any non - structural alterations, changes, additions, or improvements unless such non- structural requirement results from Tenant's specific use or manner of use of the Leased Premises, as compared with any general use of the Leased Premises as permitted under applicable law. If Tenant becomes aware that structural alterations (or non - structural alterations for which City would be responsible as the case may be) are legally required, Tenant shall so inform City. City shall thereafter either make such alterations at its own cost and expense, or terminate this Lease on thirty (30) days notice, unless shorter notice is legally required. 6. Maintenance of Leased Premises. City agrees to maintain and repair, at City's cost, the Leased Premises except that Tenant shall be responsible for the any and all costs arising from the 1TMORELL11131292.2 010213-04706012 activities of Tenant, Tenant's agents, employees, contractors or invitees on the Leased Premises. Tenant shall pay to City any costs incurred by City to correct damage or injury to the Leased Premises for which Tenant is responsible (including fines or other penalties, if any) pursuant to the prior sentence not later than ten (10) days after receiving City's invoice for such costs. 7. Use. Tenant shall use the Leased Premises solely for the operation of a Senior Nutrition Program, providing the services described in Exhibit "B" and for no other purpose. Tenant acknowledges that the programs to be instituted at the Leased Premises shall be limited to those described in Exhibit "B". Any additional programs and/or services beyond those expressly described in Exhibit "B ", shall be subject to approval or disapproval by the City of Gilroy Community Services Director or its designee prior to implementation. In no event shall Tenant bring, allow, use or permit upon the Leased Premises, or generate or create at or emit or dispose from the Leased Premises any hazardous or toxic materials, wastes or substances. 8. Utilities. Eauinment and Services. City shall provide janitorial services and janitorial supplies; which shall be provided on a daily basis, and shall arrange for water, garbage, gas, sanitary sewer, and electric service to the Leased Premises. All other services and utilities needed by Tenant, (except for the services to be provided by City pursuant to Exhibit "C ") shall be arranged and paid for by Tenant in a timely manner. City shall provide the equipment and services further described in Exhibit "C ", attached hereto. 9. Notices. City's address for notices and payments due from Tenant shall be 7351 Rosanna Street, Gilroy, California 95020, which address may be changed from time to time by giving Tenant written notice of such change. Tenant's address for notices shall be at the Leased Premises, with a copy to Tenant at 1922 The Alameda, 3rd Floor, San Jose, CA 95126. 10. Damage and Destruction. City shall have no obligation to rebuild, restore or repair all or a portion of the Leased Premises in the event of any damage or destruction thereto. In the event of damage or destruction to the Leased Premises City and Tenant shall each have the option to terminate this Lease immediately as of the date of such damage or destruction by written notice given to the other party within thirty (30) days after the occurrence of such damage or destruction. 11. Tenant's Insurance: Waiver of Subro ag tion. 11.1 Tenant's insurance. Tenant shall, at no cost to City, obtain and maintain throughout the tern of this Agreement: (a) Commercial General Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof;, which policy shall name City as an additional insured. Additionally, Tenant agrees to provide workers' compensation insurance for Tenant's employees and agents and agrees to hold harmless, defend with counsel acceptable to City and indemnify City, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any workers compensation claims against City by any of Tenant's employees. 11.2 Waiver of Subro ag tion. The parties hereto release each other and their respective agents, employees, successors, and assignees from all liability for damage to any property that is caused by or results from a risk which is required to be insured against under this Lease, or which would normally be covered by a policy of "Special Form" casualty insurance (whether or not the property is actually insured), without regard to the negligence or willful misconduct of the entity so released. All of City's and Tenant's repair and indemnity obligations under the Lease shall be subject to the waiver contained in this paragraph. 12. Indemnification. Tenant shall indemnify, defend and hold City harmless from any and all loss, cost, liability, claims, damages, and expenses (including without limitation reasonable attorneys' fees), penalties and fines arising as a result of Tenants breach of any of its obligations under this Lease. 13. Property Loss: Damage. City shall not be liable for (i) any loss of or damage to any property of Tenant, including loss or damage by theft or otherwise; or (ii) any injury or damage to persons or property resulting from any cause of whatsoever nature, except to the extent caused by or due to the active negligence or willful misconduct of City. Tenant shall have the sole responsibility to ensure that the Leased Premises and all persons using any portion of the Leased Premises and appurtenant areas of the Leased Premises are protected against theft, physical injury, loss or damage. 1TMORELL11131292,2 010213 - 04706012 14. Transfers. Tenant shall not voluntarily, involuntarily or by operation of law (i) assign, sell or otherwise transfer all or any part of the Tenant's interest in this Lease or in the Leased Premises, or (ii) permit any part of the Leased Premises to be sublet, occupied or used by anyone other than Tenant, in either case without the prior consent of the City, which consent may be withheld by City in City's sole discretion. 15. Condemnation Award. Any award for the taking of all or any portion of the Leased Premises or the Leased Premises under the power of eminent domain shall be the property of City, whether such award shall be made as compensation for diminution in value of this Lease or the taking of the fee, and the Tenant shall have no right to recover any portion of such award. In no event shall City be obligated to make any repairs or perform any restoration or other work required as a result of a taking. In the event of taking of the Leased Premises, City and Tenant each shall have the option to terminate this Lease effective as of the date of such taking by written notice given to the other party within thirty (30) days after the occurrence of such taking. 16. Consent: Lease Limitations. 16.1 Consent. Tenant acknowledges that as to certain matters set forth in this Lease, City has rights of approval or disapproval. If any matter requiring City's approval is submitted to City by Tenant for City's approval, City shall respond to Tenant within the time required by this Lease, or if no time is stated, within a reasonable time. Notwithstanding any other provisions of this Lease, where Tenant is required to obtain the consent of City to do any act, or to refrain from the performance of any act, Tenant agrees that if Tenant is in default with respect to any term, condition, covenant or provision of this Lease, then City shall be deemed to have acted reasonably in withholding its consent if said consent is, in fact, withheld. 17. City's Right to Perform Tenant's Covenants. Except as otherwise provided herein, if Tenant shall at any time fail to make any payment or perform any other act required to be made or performed by Tenant under this Lease, City may, upon two (2) days written notice to Tenant, but shall not be obligated to and without waiving or releasing Tenant from any obligation under this Lease, make such payment or perform such act, and in connection therewith, pay expenses and employ counsel. All sums so paid by City and all penalties, interest and costs incurred in connection therewith shall be due and payable by Tenant upon demand by City. 18. General. 18.1 Interpretation of Terms. Words in the neuter, masculine and feminine gender include the other when the context so requires. 18.2 Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of California. 18.3 Joint and Several Liability. If Tenant is more than one person or entity, each such person or entity shall be jointly and severally liable for the obligations of Tenant hereunder. 18.4 Construction of Lease Provisions. This Lease shall not be construed either for or against Tenant or City, but shall be construed in accordance with the general tenor of the language to reach a fair and equitable result. 18.5 No Partnership or Joint Venture. Nothing in this Lease shall be construed as creating a partnership or joint venture between City, Tenant, or any other party, or cause City to be responsible for the debts or obligations of Tenant or any other party. 18.6 Attorneys' Fees. In the event of any legal action between the parties in connection with this Lease, the prevailing party shall be entitled to recover all reasonable costs and expenses, including reasonable attorneys' fees incurred in such action. 19. Condition Precedent to Lease. This Lease shall have no binding effect on the parties unless executed by both City and Tenant and a fully executed copy is delivered to City. IN WITNESS WHEREOF, the parties have executed this Lease effective on the date set forth below. 1TMORELUI131292.2 3 010213-04706012 Dated: APPROVED AS TO FORM: City Atto eyl(k r Dated: 1TMOREW1131292 9 010213-04706012 CITY: Y ILROY, a municipal corporation By: Its: (�j A/ . City Clerk TENANT: YMCA OF SILICON VALLE California nonprofit corporationCc - G 117 4 � 1R, � , p By: v f 4•INS. IIPf G r� �C'li Its: EXHIBIT "A" Property Description MULTI -USE BREEZEWAY MULTIUSE Nutr tion MR" OFFICE OFFICE OFFICE OFFICE OFFICE Nutrition Program Main Dining Half MULTIUSE POOL/TV ROOM MEMS �woME�rs OFFICE J U W K PATIO s, AREA CO CRAFTS STORE PLANTER STATION GILROY SENIOR CENTER • 7371 HANNA STREET 1VPAPP1713089.3 4 12200644706012 EXHIBIT B YMCA of Silicon Valley agrees to: 1. Provide Senior Nutritional Services to eligible clients of Santa Clara County pursuant to the Master Contract between the County of Santa Clara and YMCA of Silicon Valley, PO #4300001912, dated July 14, 2006. 2. Train and provide employees of YMCA of Silicon Valley to prepare and serve meals to eligible clients of Santa Clara County. Provide annual regular safety training to all YMCA employees as it relates to the safety of the staff and program participants within the Senior Center. YMCA staff shall utilize the Senior Center in a safe manner and shall not create any hazards for the City, City staff or program participants. 3. Collaborate with the City of Gilroy to recruit eligible clients into the Senior Nutrition Program. 4. Provide for a safe and healthy kitchen following the County Nutrition Handbook for the health and safety of its clients. 5. Reporting in a timely manner any broken or disabled equipment belonging to the City of Gilroy. 6. Collaborate with the City of Gilroy in keeping the site safe. (However, collaboration with the City of Gilroy shall not in any way relieve YMCA of Silicon Valley from its responsibilities to maintain a safe site). 7. Provide office and computer equipment for its Senior Nutrition Site Manager. EXHIBIT C The City of Gilroy Agrees to: 1. Provide a kitchen with adequate ovens, stoves, microwaves and refrigerators for the Senior Nutrition Program. 2. Provide a dining room with adequate and appropriate dining utensils, tables and seating for the Senior Nutrition Program during the hours of 7:00 am to 2:00 pm. 3. Provide refrigerated storage and pantry space for necessary food supplies and supplies for the Senior Nutrition Program. 4. Repair in a timely manner the kitchen and dining room equipment described in paragraphs 1, 2 and 3 of this Exhibit C. ITMOREW1131M.2 0102134)4706012 A CERTIFICATE OF LIABILITY INSURANCE 1, °�� 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 13ETWEEN THE ISSUING INSURER(S), AUTHORED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsamentfsL PRODUCER Noodruff-Sawyer & Co. 50 California Street, "Floor 12 San Francisco CA 94111 YMCAOFS -01 YMCA of Silicon Valley 1922 The Alameda, 3rd Floor San Jose CA 95126 COVERAGES CERTIFICATE NUMBER: 494320896 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. LR TYPE OF INSURANCE POLICY NUMBER MM D MMMD YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE IT] OCCUR Y OILX0092733785 /1/2012 /1/2013 EACHOCCURRENCE $1,000,000 PRDAMAGE TO EMISES a N - $1,000 000 MEDEXP An one arson $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE GENL AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC ..$3,000,000. PRODUCTS - COMP/OP AGG $1,000 000 $ A AUTOMOWLE LIABILITY 01LX0092733785 /112012 71112013 Ea axed • $1.0K000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS X AUTOS�ED f ROP RTY D MAGE Per $ $ A X UMBRELLA LIAB X OCCUR OlUD00034069215 /1/ 2012 /1/2013 EACH OCCURRENCE $20,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $20.000,000 DED I X I RETENTION 10 000 i $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? El N/A E003169 /1/2012 /1/2013 X I WCSTATU- OTH- E.L. EACH ACCIDENT $1,000,000 E.L OISEASE- EA EMPLOYEd $1,000,000 (Mandatory In NH) M yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $1,000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) Regarding use of leased premises at: 7371 Hanna Street, Gilroy, CA. City of Gilroy is included as Additional Insured with regards to General Liability per attached form CG 20 26 07 04. City of Gilroy Recreation Department 7351 Rosanna Street Gilroy CA 95020 A%.UKLJ ZS (ZUIU /US) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION- DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS. m 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD