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HomeMy WebLinkAboutGilroy Elks Lodge - 2014 AgreementOw �4. AGREEMENT This Agreement ( "Agreement" or "License ") is entered into as of N0\J . 2 ,5, 2014 ( "Effective Date "), by and between the City of Gilroy ( "Licensor "), and Gilroy Elks Lodge #1567 ( "Licensee "). Recitals A. Licensor is the sole owner of the property commonly known as 2695 Hecker Pass Highway, in Gilroy, California, APN 783 -04 -005, and shown on Exhibit A, which is attached to this Agreement and incorporated into it by this reference (the "Licensor Property "). B. Licensee is the sole owner of the adjacent property commonly known as 2765 Hecker Pass Highway, in Gilroy, California, APN 783 -04 -004, and shown on Exhibit A, which is attached to this Agreement and incorporated into it by this reference (the "Licensee Property "). C. In 2009, the California Department of Transportation initiated a widening project along Highway 152. This project necessitated the removal and relocation of a sign owned by Licensee displaying the messages "Gilroy Lodge on the Hill" and "Home of Gilroy Elks Lodge #1567 ", and resulted in the installation of a solar panel used to power the downlights built into the sign, both of which are more particularly shown on Exhibit B attached hereto (collectively the "Sign "). As a result, the Sign is now located in an area of the southern portion of the Licensor Property, on the eastern side of the entrance drive connecting Hecker Pass Highway to the Licensee Property, the size of which is limited to the area which is necessary to contain the Sign in Licensor's sole and absolute discretion (the "Licensed Area "). This License (and the Licensed Area) covers the Sign installed in the Licensed Area by Licensee. D. Since the installation of the Sign in the Licensed Area, Licensor has learned that Licensee has also installed a second sign in the southern portion of the Licensor Property, on the eastern side of the entrance drive connecting Hecker Pass Highway to the Licensee Property, adjacent to the Licensed Area ( "Second Sign "). The Second Sign has not been authorized by Licensor, and Licensor requires its removal as a condition to this Agreement. E. In a letter addressed to Mr. Wayne Weller from Ms. Susan L. Martin, the Planning Manager for Licensor, dated as of March 3, 2014, Licensor denied Licensee's request to utilize a LED message board (and the associated components thereto) that was illegally added to the Sign (the "LED Message Board "). Such denial is still in effect, and Licensor has not subsequently granted Licensee a permit to utilize the LED Message Board. In addition to Licensor's approval, Licensee also needs approval from Caltrans to operate the LED Message Board, and shall remove the LED Message Board at its sole cost and expense if it has not received such approval within ninety (90) days of the Effective Date; provided, however, this Agreement shall not be construed to limit the authority or obligation of Licensor to hold public hearings, or to conduct all analyses required by CEQA, Licensor's ordinances or any other applicable federal, state or local law or regulation, and to apply Licensor's ordinances to the 4836 - 7633- 4620v4 SSCORDELIS104706083 1 f. LED Message Board, irrespective of the approval of any other agency, including, without limitation, Caltrans. F. Licensee desires to continue maintaining and using the Licensed Area for the permissible placement and display of the Sign. G. At the time of execution of this Agreement, Licensor does not foresee an immediate need to terminate Licensee's use of the Licensed Area, and is willing to grant a license to Licensee on the terms and conditions hereinafter set forth. H. The parties desire to formalize and memorialize their agreement to (1) permit Licensee to continue using the Licensed Area, (2) require Licensee to remove the Second Sign, (3) require Licensee to remove the LED Message Board within ninety (90) days of the Effective Date if it does not receive approval from Caltrans; provided, however, this Agreement shall not be construed to limit the authority or obligation of City to hold public hearings, or to conduct all analyses required by CEQA, Licensor's ordinances or any other applicable federal, state or local law or regulation, and to apply Licensor's ordinances to the LED Message Board, irrespective of the approval of any other agency, including, without limitation, Caltrans, and (4) to define their respective rights, duties and obligations with respect thereto. Agreements FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the parties agree as follows: 1. Grant of License. Subject to the conditions, covenants and restrictions of this Agreement, Licensor grants to Licensee a personal license to continue to utilize the Licensed Area for the instillation of the Sign and the adjacent portions of Licensor Property reasonably necessary for ingress and egress to the Licensed Area; provided Licensee may not place any further improvements within the Licensed. Area without the written consent of Licensor. In addition, Licensor hereby agrees that Licensee may elect to have Licensor provide (at Licensor's actual costs) for the delivery of utilities to the Licensed Area that are reasonably required for the operation of the Sign. In that event, Licensee shall pay all electricity and other utility costs attributable to the Sign promptly after written demand from Licensor to Licensee. Licensee shall not make any additions, modifications or alterations of any kind to the Licensed Area, including, without limitation, the message displayed on the Sign, and the license granted herein shall be limited to allowing the improvements existing as of the Effective Date. Licensee specifically acknowledges that it (and all predecessors in interest) have no existing claim or right of any kind (including claims of adverse possession of or a prescriptive easement) whether express, implied or otherwise to the Licensed Area or any other portion of the Licensor Property, and further specifically agrees that it shall not at any time after execution of this Agreement claim or assert . any such right (including adverse possession or prescriptive easement) to the Licensed Area or any other portion of the Licensor Property. 2. Removal of Second Sign. As a condition of Licensor's grant of the License, Licensee agrees to remove the Second Sign, at its sole cost and expense, from the Licensor Property within thirty (30) days of the Effective Date. 4836 - 7633 -4620x4 SSCORDELIS104706083 2 a 3. Removal of LED Message Board. In the event that Caltrans does not approve use of the LED Message Board, Licensee shall, at its sole cost and expense, remove the LED Message Board from Licensor's Property within ninety (90) days of the Effective Date; provided, however, this Agreement shall not be construed to limit the authority or obligation of City to hold public hearings, or to conduct all analyses required by CEQA, Licensor's ordinances or any other applicable federal, state or local law or regulation, and to apply Licensor's ordinances to the LED Message Board, irrespective of the approval of any other agency, including, without limitation, Caltrans. 4. License Fee. Upon execution of this License, Licensee shall pay Licensor One Dollar ($1.00) as the "License Fee" for the license. 5. Term of License. The term of this License shall commence on the Effective Date and shall continue until this License is terminated as provided herein. 6. Termination. (a) Either party may terminate this License without cause by giving thirty (30) days written notice to the other party whereupon termination shall be effective upon the end of the 30th day. (b) Upon termination of this License, Licensee shall remove the Sign from the Licensed Area, and all other improvements therein installed by or on behalf of Licensee if so requested to be removed by Licensor, in accordance with Section 4(c). (c) Prior to the effective date of termination, Licensee shall remove the Sign, at Licensee's sole cost and expense (and with all necessary permits, if applicable). The Licensed Area shall be restored, to the extent reasonably possible, back to its natural state existing prior to use by Licensee. To the extent all of Licensee's improvements and personal property within the Licensed Area are not removed prior to the effective date of termination, Licensee shall pay $100 per day for each day until all such items are removed. Further, after the effective date, Licensor may, but shall not be obligated to, remove any remaining improvements and personal property of Licensee within the Licensed Area at Licensee's cost. 7. Licensed Area Use. Licensee shall use the Licensed Area solely for the placement and display of the Sign. Licensee shall not use or permit the Licensed Area to be used for any other purpose or purposes whatsoever. Licensee shall exercise reasonable care in using the Licensed Area and shall not damage the Licensed Area, unreasonably or significantly increase the extent to which it uses the Licensed Area beyond its use at the time of execution of this Agreement, or use the Licensed Area in such a way as to unreasonably interfere with Licensor's use of the Licensor Property. Licensee agrees that Licensor shall at all times have the right to access the Licensed Area. 8. Licensed Area Maintenance. Licensee agrees to keep, at Licensee's sole expense, the Licensed Area in good and safe condition and free from damage, harm or injury so far as affected by Licensee's use, to the reasonable satisfaction of Licensor. 4836 - 7633 -4620v4 SSCORDE 004706083 3 9. Assignment. Licensee shall not assign this License without the prior written consent of Licensor. 10. Waiver of Claims. Licensee hereby releases and forever discharges Licensor and its past and present agents, employees, tenants, successors, and assigns (the "Released Parties "), and each of them, from any and all claims, causes of action, proceedings, losses, damages, liability, costs, and expenses (including, without limitation, any fines, penalties, judgments, and attorneys' fees and costs) for damage to property and for injuries to or death of any person (including, but not limited to, the property and employees of each party, and Licensees' tenants, guests, invitees, licensees, agents and contractors) related to the condition of, or conditions on, the Licensed Area or the use of the Licensed Area by any person ( "Liability "). The release shall apply regardless of the cause of the Liability, except to the extent of any gross negligence and willful misconduct of Licensor or the Released Parties. 11. Indemnity. Licensee agrees to indemnify, protect, hold harmless and defend (with counsel reasonably acceptable to Licensor) Licensor and all Released Parties described in paragraph 8 above, and each of them, from any and all Liability when arising or resulting from the condition of, or conditions on, the Licensed Area or the use of the Licensed Area by any person, including, without limitation all foreseeable and unforeseeable Liability directly or indirectly arising from any activity or maintenance on, or the condition of, the Licensed Area, except to the extent of the gross negligence or willful misconduct of the party seeking indemnification. 12. Insurance. Prior to the Effective Date, Licensee shall deliver to Licensor an original signed Certificate of Insurance or certified duplicate liability insurance upon execution of this Agreement by Licensee; naming Licensor (or any successor), and other designees of Licensor as the interest of such designees shall appear, as additional insureds, with the following coverage: A. Workmen's compensation insurance in not less than the minimum amounts required by law to be evidenced by the delivery of a certificate or certificates satisfactory to Licensor; B. Commercial general liability insurance (at least as broad as the most commonly available ISO Commercial General Liability policy form CG 00 01), or such successor comparable form of coverage in the broadest form then available, for the mutual benefit of Licensor and Licensee, against any and all claims and liabilities arising out of the ownership, use, occupancy or maintenance of the Licensed Areas; or Licensee's activities thereon. The minimum limit of coverage of such policy shall be in the amount of not less than One Million Dollars ($1,000,000) per occurrence and annual aggregate, shall include an extended liability endorsement providing contractual liability coverage (which shall include without limitation coverage for Licensee's indemnification, defense and hold harmless obligations in this License), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Licensor and Licensee against liability for property damage of at least One Million Dollars ($1,000,000); and C. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Licensee against liability 4836 - 7633- 4620v4 SSCORDELIS104706083 El Io for claims for bodily injury, death, or property damage, arising out of ownership, maintenance, or use of any owned, hired or non -owned automobiles. 13. Representations and Warranties. Licensor represents and warrants that it is the owner of the Licensor Property and has full authority to enter into and bind all ownership and possessory interests in the Licensor Property. Licensee represents and warrants that it is the sole owner of the Licensee Property and has full authority to enter into and bind all ownership and possessory interests in the Licensee Property. 14. Hazardous Materials. No Hazardous Materials shall be created, stored, used, disposed of, brought to or handled at any time upon the Licensed Area. For purposes of this Agreement, "Hazardous Materials" means material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by. any federal, state or local governmental authority to pose a present or potential hazard to public health, welfare or the environment. 15. Compliance with Laws. Licensee shall comply, at Licensee's expense, with all applicable laws, regulations, rules and orders with respect to the Licensee's use of the Licensed Area, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, hazardous materials, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance upon request of Licensor. 16. Independent Judgment; Advice Of Counsel. Licensor and Licensee each acknowledge that they have had the opportunity to consult with legal counsel regarding this document and its significance before signing it. Licensor and Licensee each further acknowledge each has signed this document based on his, her or its own independent judgment and that no party has made any statement, representation or warranty in connection with this Agreement which any other party has relied on or which has been an inducement for any party to enter into this Agreement, except as set forth in this Agreement. 17. Entire Understanding. This Agreement supersedes all prior agreements or understandings, whether oral or written, of the parties hereto relating to its subject matter, and sets forth the entire understanding of the parties in connection with its subject matter. The parties also agree . that this Agreement shall not be altered, amended, modified or otherwise changed in any respect whatsoever except by a writing duly executed by the parties hereto. 18. No Presumption Concerning Drafting Part y. The parties agree that the rule of construction to the effect that any ambiguities are to be construed against the drafting party shall not be employed in any interpretation of this Agreement. 19. Law. This Agreement is governed by and is interpreted in accordance with California law without regard to its choice of law rules. 20. Binding On Successors. This Agreement shall be binding on and inure to the benefit of the parties, their principals, agents, successors, heirs, assigns, conservators, attorneys in fact, personal representatives, and responsible parties. 4836 - 7633-4620x4 SSCORDELIS104706083 6-1 21. Severabilily. If any part or provision of this Agreement should be void or invalid, the remaining provisions shall remain valid and fully enforceable. 22. Effect of Headings. The headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions. 23. Attorneys Fees. Should it become necessary to take steps to enforce the terms of this agreement, then the prevailing party shall be entitled to recover its attorney's fees and costs related to the enforcement of this agreement. 24. Notices. All notices, demands, requests, exercises, and other communications under this Agreement by either party shall be in writing and:(a) sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States mail, or (6) sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or (c) sent by telecopy or similar means if a copy of the notice is also sent by United States Certified Mail; in which case notice shall be deemed delivered on transmittal by telecopier or other similar means, provided that a transmission report is generated that reflects the accurate transmission of the notices, as follows: Licensor: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn.: Planning Manager Licensee: Gilroy Elks Lodge #1567 2765 Hecker Pass Road Gilroy, CA 95020 Attn.: Chairman of the Board of Trustees These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt of that notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. 25. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signatures on Following Page] 6 4836- 76334620v4 SSCORDELIS104706083 LICENSOR: CITY OF GILROY, a mcipa orporation By: Thomas J. Haglund Title: City Adpir4strator Dated: 2 7 4836 - 7633 -4620A SSCORDELIS104706083 LICENSEE: GILROY ELKS LODGE #1567 Title: clk4fo�ez� ,�•� , Dated: APPROVED AS TO O City A torney Dated: 111, q a c t State of California County of Santa Clara On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of Santa Clara On M OV- �. U14- before me, �-cphawp- N1-13c�z�, N Dbr\i P knere insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is/V6 subscribed to the within instrument and acknowledged to me that he /s)K/tVy executed the same in his/ho /joeir authorized capacity(,A, and that by his/e�f /,ttWr signature on the instrument the person94, or the entity upon behalf of which the person,g'jacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STEPHANIE M�BOZZO Commission � Notary Public - California i Santa Clara County My Comm. Expires Nov 3. 2016 8 4836- 7633-4620v4 SSCORDELIS104706083 W� EXHIBIT A Office of County Assessor — Santa Clara County, California Mal) [See Attached] 4836- 7633 -4620A SSCORDELIS104706083 —' ��� ` � ! _ ' ' ",,."" a r""",, "^,Ew""" --- ^^",^ "`^"° """",,. =u,,n*.^ CITY OF GILROY SOUS RANCHO lk4 \� CITY OF GUOY GOLF COURSE LLA. 15579`155 L4 ` � ! _ CITY OF GILROY 12.75 Am IL HF-CKER PASS PM. 811-M-9 PM. 477-M-34 HICHWAY 810 EXHIBIT B Sign [See Attached] 483 6-7633- 4620v4 SSCORDELIM04706083 r wwS ,.t ., r.4 •. r k d UA y t k' f` Isal to y ,Y 1 \� > # �, � ,* ,^ 1 .+ .;.,`. �:. � , . �- -- , ": � - a •�� p,; �sF *may ti add fz 'R }` � _� .i: `,. y"�. a w, cif • � � 11 � � �. - Y ' 7 •� � T« %- � � � a ' - �� �" v .�� ", Cam'" .. .. 4 Tat Tt- . i �'r`. "y"c �„ i t :., . • `' �'F'A.t'! ,;,� 'tire ; , ';. 4 S' � � }�,•� }� '{ ��t'� :ice �T.: � �� • t" k, ( T '; l .e. t'R .ems ,�'�:' ti•` �J -. {'� 4� �, �.s "S, ��� � •� ., rya � � � � -� ACORD OF LIABILITY INSURANCE Da�10/13/20D 114 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 DOE_ S 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(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 endorsement(s). PRODUCER-- CONTACT Aon's Affinity Insurance Services, Inc. The Elks Insurance Program 200 E Randolph, 4th Floor NAME: D, A, Downe PHONE (ac, No, EX): (800) 421 -3557 FAX (A/C, No): (312) 381 -2751 0 1988 -2009 ACORD CORPORATION. All rights reserved. Chicago, IL 60601 INSURERS' AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24147 INSURED INSURER B: Benevolent and Protective Order of Elks of U.S.A INSURER C: Gilroy CA Lodge # 1567 P.O. Box 488 INSURER D: $ 1,000,000 INSURER E: Gilroy, CA 95021 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. DICATED. 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 OF THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE Gilroy, CA 95020 -6197 POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR 0 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD MM/DD MM /DD GENERAL LIABILITY EACH $ 1,000,000 OCCURRENCE X! PERSON & ADV $ 1,000,000 A COMMERCIAL GENERAL MWZY 300795 03/31/14 03/31/15 LIABILITY INJURY CLAIMS FT] OCCUR GENERAL $ 1,000,000 MADE AGGREGATE PRODUCTS- $ 1,000,000 COMP /OPP AGG GEN'L AGGREGATE LIMIT APPLIES PER: OCCUR AUTOMOBILE LIABILITY COMBINED $1,000,000 A x HIRED AUTOS MWZY 300795 03/31/14 03/31/15 SINGLE LIMIT (Ea accident) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Insured Lodge: Gilroy CA Lodge ># 1567 Date: THE CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS THE INSURED'S OPERATIONS DURING THE DESCRIBED EVENT OR ACTIVITY NOTED ABOVE_ HIRED AND NON -OWNED AUTO COVERAGE IS SUBJECT TO THE GENERAL AGGREGATE COVERAGE DOES NOT INCLUDE LIQUOR LIABILITY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 -6197 AUTHORIZED REPRESENTATIVE 0 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ISO I Commercial General Liability Forms 1 07/01/04 POLICY NUMBER: COMMERCIAL MWZY 300795 Old Republic Insurance Company 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 Person(s) Or Organization(s) City of Gilroy it's officers, officials, and employees 7351 Rosanna Street Gilroy, CA 95020 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(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 omissions 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 ©Insurance Services Office, Inc. AC40R°® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/07/2014 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 WANED, subject to the terns and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie Medeiros Insurance agency inc 5701 Lonetree Blvd Ste 109 Rocklin CA 95765 CA Lic#OH87113 CONTA NAME: :C Eddie PHONE . 916- 626 -6300 FA/c Noll: no AIL emedeiros @farmersagent.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: LIMITS INSURED Gilroy BPOE 1567 & Elks Hall P.O. BOX 486 Gilroy CA 95021 INSURER B: INSURER C: Technology Insurance Company 39071 INSURER D: INSURER E $ INSURER F: COMMERCIAL GENERAL LIABILITY 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 LTR TYPE OF INSURANCE ADD L SUER POLICY NUMBER POLICY EFF MM /DD POLICY EXP M DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE D, OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $ POLICY JERCOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIM OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED .RETENTION$ $ WORtO =RS COMPENSATION X WCSTATU- OTH- C AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE Y / N OFFICERIMEMBEREXCLUDED? ❑Y (Mandatary In NH) NIA TWC3402903 04/01 /2014 04/01/2015 E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E:L. DISEASE - POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The City of Gilroy, its officers, officials, agents, employees and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy THE EXPIRATION DATE THEREQb.— NOTICE WILL BE DELIVERED IN 7351 Rosanna Street ACCORDANCE WITH THE POLICY PaagISIONS. Gilroy CA 95020 1 AUTHORIZED REPRESENTATIVE I ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD