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HomeMy WebLinkAboutContracts & Agreements_77-2009_CCv0001.pdf AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this day of iode—, 2009 ("Effective Date"), by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as "City," and M Space CA L P, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to herein as a"Party"and, together, as the"Parties." WITNESSETH: That City and Contractor, for good and valuable consideration, the requirement of which is hereby acknowledged agree as follows: 1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: Phase I Design and Phase 11 Construction of the PD LOCKUP Modular Unit, complete, as required by the Contract Documents and Specifications for: CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 2. THE CONTRACT SUM: $5,625 for Phase I and $247,139 for Phase 2 in accordance with the terms and conditions set forth in the Contract Documents. 3. SUBSTITUTION OF SECURITY: Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an Escrow Agreement as set forth in the Public Contract Code Section 22300. 4. TIME FOR COMPLETION: The work under City's issuance to Contractor of Phase I shall be completed within Forty (40) Calendar Days from and after the date of the Phase I Notice to Proceed. Phase 2 shall be completed within Eighty (80) Calendar Days from and after the date of City's issuance to Contractor the Phase 2 Notice to Proceed. 5. LIQUIDATED DAMAGES: Failure of Contractor to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Contractor shall pay to City, or have withheld from monies due it, the sum of$500 for each Consecutive Calendar day in excess of the specified time for completion of the work. Execution of this Agreement shall constitute agreement by City and Contractor that $500 per day is the minimum and actual damage caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 6. CONTRACT DOCUMENTS: The Contract Documents, include all of the documents described herein, to wit; Notice Inviting Bids, Instructions to Bidders, Proposal, Bid Bond, CD I Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Conditions and Specifications and any addenda thereto. 7. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 9. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and any subcontractors shall abide by California Public Contract Code Section 6109, and California Labor Code sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 10. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Agreement shall be binding on another Party without the written consent of the party sought to be bound. 11. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 12. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective Date. City of Redlands (SEAL) (Owner) By: Mat ity of Re ands, County of Sannardino, California ATTEST: P' Cit; Cjerk, City of Re ds County of San Ber , California (SEAL) Name of Contr By: Signature fAutrorized Agent Title Signature of Authorized Agent(if necessary) Title Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 Labor Code Section 3700,provides, in part that: "Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Labor Code section 1861) Dated this lq4*1 day of JUAe--' 2009. ntractor) (Signature) 4 n"WeK ill ��C fficfal Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the Contract.) CD 4 Bond No. 1879470 PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P (hereinafter designated as "Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated June 19 2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 is hereby referred to and made a part hereof,and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the performance of said project. Now,therefore, said Principal and The Hanover Insurance Company _, as sure are held firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of Two lhundred Fifty Two Thousand Seven Hundred Sixty Four and 00/10 oilars(1252,764.00 — — ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded Principal,his or hers heirs, executors, administrator,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials,officers,agents and employees,as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 19 2009. (SEAL) (SEAL) M Space CA _L,P The HAnover Insurance Company (C ctor (SU 'ty 44-- - BY: (I tignatur-N Signature) el A e-Jo"I Debra S. Atter, Attorney—in—Fact Address., 6230 Fairview Road, Suite 230 Charlotte, NC 28219 (Seal and Notarial Acknowledgment of Telephone ( 704) 365-6213 Surety) CD 5 Acknowledgment by Surety STATE OF NORTH CAROLINA COUNTY OF GASTON On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney- in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my han my official seal, at my office in the above County, the day and year writte 40 1k Tj0P'P"� )p — Angela M. punt, NotaPublic State of North Carolina County of Gaston My Commission Expires: 10/12/2013 LA13OR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P (hereinafter designated as`Principal"} have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated June 19 2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 is hereby referred to and made a part hereof-,and Whereas, under the terms of said agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, laborers,material men and other persons employed in the performance of e a o Tt ai7entiand refs ed to i the aforesaid Code of Civil Procedure in the sum of Two Hum re y wo 0 8 252,7 64.JQor materials famished or labor thereon of a"ny'kind, or or amounts�Aue�- der Y e ment insurance Act with respect to such work or labor, that said surety will pay the same in an amount not-exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof,this instrument has been duly executed by the Principal and surety above named, on June 19 2009, M Space CA L P (SEAL) The Hanover Insurance Company (SEAL) ntractor) ( ety) BY: ig tur nature) e J, Debra S. Rit(teSigr, Atttorney-in-Fact Address:6230 Fairview Road, Suite 230 UR—ar-lotte, NG Y821U (Seal and Notarial Acknowledgment of Surety) Telephone( 704) 365-6213 C16 Acknowledgment by Surety STATE OF NORTH CAROLINA COUNTY OF GASTON On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney- in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above, TARS'TARS'Angela M. unt, Notar, blicic NO State of North Carolina PUBIAC County of Gaston My Commission Expires: 10/12/2013 N THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Raymond J.Garruto,Debra S.Ritter,Ramona Fewell,Martin D.Pallazza,Angela M.Yount and/or Brad W.Gibson of Charlotte,NC and each is a true and lawful Aftomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Fifteen Million and Noll 00($115,000,1300)In any single Instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be seated with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 22nd day of September 2008, THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY r Bailie CITIZENS,INSURANCE COMPANY OF AMERICA WAL Mary,Jeanne"w�on,Vice Pre ode I be Robert K.Grennan,Assisdn ��ice President THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )sS, On this 22d day of September 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. &NOVA AM 404M ft"PON Notary Pub#c, I* *cvw***"!1"law. My commission expires on November 3,2011 1, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. *RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as it all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay Insurance Company;Adopted September 7,2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 19th day of June 2009, THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSUJkANCE COMPANY OF)AMER(CA Braul(4ssistam Vice Presla'6nt WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract: City of Redlands Municipal Utilities&Engineering Department CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 Labor Code Section 3700,provides, in part that: "Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Labor Code section 1861) Dated this day of 2009. ontra.aor) (Signature) C (Officill Title) J (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the Contract.) CD 4 Bond No. 1879470 PERFORMANCE BOND Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P (hereinafter designated as "Principal'")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated June 19 1 2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the performance of said project. Now,therefore, said Principal and The Hanover Insurance Company _, as surety, are held firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of Two Hundred Fifty Two Thousand Seven Hundred Sixty Four and 00/lODollars($252,764.00 --- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or hers heirs, executors, administrator,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless the City, its elected officials,officers,agents and employees,as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June 19 2009. M Space CA--I�P (SEAL) The Hover Insuranot-totpany (SEAL) (C ty) BY: (Signfture) (Signature) f-C-4- 9CA Debra S. Atter, Attorney-in-Fact Address: 6230 Fairview Road, Suite 230 Charlotte, NC 28-21-0 (Seal and Notarial Acknowledgment of Telephone( 704) 365-6213 Surety) CD 5 Acknowledgment by Surety STATE OF NORTH CAROLINA COUNTY OF GASTON On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney- in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and aff' official seal, at my office in the above County, the day and year written abov t4o-TARY Angela M. aunt, Nota t'J Public PUBLIC State of North Carolina j Q County of Gaston My Commission Expires: 10/12/2013 N Co. LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and M Space CA L P (hereinafter designated as"Principal'I have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated June 19 2009, and identified as CITY OF REDLANDS SAFETY HALL RELOCATION INTERIM FACILITIES (PD LOCKUP MODULAR UNIT), Project No. JL-41102 is hereby referred to and made a part hereof;and Whereas, under the terms of said agreement,Principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the a 'd al ern refieTred to i theaforesaid Code of Civil Procedure in dr el sum of Two Hurd relbTift y ;Tlwo 0 252 764�,'(Ibr materials furnished or labor two "10 ,red sixi� t a' C'T­rc�T amounts ment thereon of an itaeft'niert t . Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not-exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition. In witness whereof,this instrument has been duly executed by the Principal and surety above named, on June 19 2009. M SpaceCL_� P (SEAL} The Hanover Insuranc?-94kmpany (SEAL) BY: n, Signature) tter, Attorney-Debra S. Ri ( ey—in—Fact Address:6230 Fairview Road, Suite 230 Charlotte, NU =U (Seal and Notarial Acknowledgment of Surety) Telephone( 704) 365-6213 .. CD 6 Acknowledgment by Surety STATE OF NORTH CAROLINA COUNTY OF GASTON On this 19th day of June, 2009, before me personally appeared Debra S. Ritter, to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney- in-Fact of The Hanover Insurance Company, the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. M. 4\L4�_ 4' NoT ARY Angela M, ount, Not Public PUBLIC State of North Carolina County of Gaston 61 My Commission Expires: 10/12/2013 N THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS:That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Raymond J.Garruto,Debra S.Ritter,Ramona Fewell,Martin D.Pallazza,Angela M.Yount and/or Brad W.Gibson of Charlotte,NC and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf, and as its act and deed any place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds, recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: Any such obligations in the United States,not to exceed Fifteen Million and Not100($15,000,000)in any single instance and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as Its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons."(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14,1982–Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President,this 22nd day of September 2008. THE HANOVER INSURANCE COMPANY MASSACHUSETTS SAY INSURANCE COMPANY »u I, CIT1ZEN,$ifJSURANCE COMPANY OF AMERICA Mary Jeanne d on,Ui Pre ` e't �— Robert K.Grennan.Assistan we President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER )ss. On this 22nd day of September 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. WAWA NN 094M c.....ei arm Notary Public My commission expires on November 3,2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company,shall be binding on the Company to the same extent as If all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982 Massachusetts Bay insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this 19th day of ,Tune 2009. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CI�11NSUCE CO ANY OF ERICA / I ~ Step r.Brain, sista ice Pres nt r ACOR®r, CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDDNYYY) 06/19/09 PRODUCER 1-800-955-8700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15 Enterprise, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Aliso Viejo, CA 92656 Steve Surber INSURERS AFFORDING COVERAGE NAIC# INSURED M Space CA LP INSURERA:ACE AMER INS CO 22667 The Lincoln Building INSURERB:Hartford Fire In Co 19682 60 East 42nd Street, Suite 2534 INSURERC:Great American Assur Co 26344 New York, NY 10165 INSURERD:Landmark Amer Ins Co 33138 INSURER E:CONTINENTAL INS CO 35289 COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR POLICY EFFECTIYE POLICY EXPIRATION TR POLICY NUMBERDATE(MMODNYI LIMITS A X GENERAL LIABILITY PMDG24865241001 12/31/08 12/31/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LAB ILITY PREMISESaocarence $100,000 CLAIMS MADE Fx_1 OCCUR MED EXP(Arty one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENI AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOPAGG $2,000,000 X1 POLICY PROJEC LOC B AUTOMOBILE LIABILITY 72URCUM6811 07/21/08 07/21/09 COMBINEDSINGLE LIMIT $1,000,000 ANY AUTO (Ea acddent)denl) ALL OWNED AUTOS BODILY INJURY X SCHEDULEDAUTOS (Per person) $ X HIREDAUTOS BODILY INJURY X NON-OWNEDAUTOS (Peracddent) $ X COMP DED. $1,000 PROPERTY DAMAGE X I COLL. DED. $1,000 (Perscddent) $ GARAGELIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESSIUMBRELLA LIABILITY UME2195732 12/31J08 12/31/09 EACH OCCURRENCE $10,000,000 :X]OCCUR CLAIMSMADE AGGREGATE $10,000,000 XIDEDUCTIBLE RETENTION $ 10,000 $ WORKERS COMPENSATION AND RWCSTATU- OTH- EMPLOYERS'LIABILY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.LEACH ACC IOENT $ OFFICER/MEMBER EXCLUDED? Wdesrflbeunder E.LDISEASE-EAEMPLOYEE $ SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S OTHER D PROPERTY BLKT/RC/SPECIAL, LET415143 12/31/08 12/31/09 PP/BUILDING 7,334,896 E NTED/LEASED EQUIPMENT C2099332752 12/31/08 12/31/09 ER ITEM 50,000 E 1IM:INSTALLATION OPERATION 02099332752 12/31/08 12/31/09 Y ONE PREMISE 3,500,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The certificate holder(s) is/are named additional insured/primary/non contributory as respects to the general liability policy, per the attached forms LD217300107 and CC1E15, as required per written contract. RE: Project # JI,-41102. Certificate Holder(s) Continued: City of Redlands, San Bernardino County, CA. CERTIFICATE HOLDER CANCELLATION 10 DAYS NOTICE OF CANCELLATION FOR NONPAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Redlands Safety Hall Relocation Interim DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Facilities (PD Lockup Modular Unit) Project # JL-41102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Tim Wilson 1270 W. Park Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSUREK ITS AGENTS OR REPRESENTATIVES. Redlands, CA 92374 AUTHORIZED REPRESENTATIVE ,40, USA mM ACORD 25(2001108)kristin123 12286577 ©ACORD CORPORATION 19$$ PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Named Insured Endorsement Number M SPACE HOIDINGS, LLC Policy Syfto4 PRIcy Number Policy Period Effective Date of Endorsement PMD 624865241-001 121/31/08 TO 12/311/09 12/31/08 issued By(Name of Insurance Company) Insert the poky slumber. The remainder of the Information Is to be con ted only when this endorsement is issued sub"quettt t* tm lop Wonolftpo t p a I . (Ir V. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CUSTOM GENERAL LIA1311UTY POL IC I Condition 4, Other Insurance of SECTION IV—CONDITIONS,is amended to include the following: A. This insurance is primary if. 1. Any additional insured under this policy has other liability insurance which applies to a loss covered by this policy; and 2. You have specifically agreed in a written contract executed prior to the loss that this insurance must be primary and non-contributory with other insurance issued directly to such additional insured. B. However,when this insurance is primary to and non-contributory With other insurance, we wit only pay the amount of the loss,if any,that exceeds the Self Insured Retention. Nothing herein shall operate to increase the Limits of Insurance. All other terms,exclusions and conditions remain unchanged. Authorized Agent =El5ft. U.S.A Page 1 of 1 __ _ -- - ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Eraorsement Number X Space Holdings, LLC TBD Policy Symbol Policy Number T—Policy Period Effective Date of Erdorsemer, PND I G24865241-001 112/31/08 to 12/31/09 12/31/08 Issued By(Name a'Insurance Company) ACE American Insurance Company Insert tR policy number,The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the poficy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' This endorsement modifies all insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following isadded 1mSection ||.2—Who |eAnInsured: e. Any person or organization that you are required to include as an additional insured under this policy because ofawritten contract that: 1) |sineffect during this policy period; and 2) Was executed prior to the"occurrence"of the"bodily injury"or"property damage"; and 3) Qualifies oaan"insured contract"esdefined inthis policy. Such person ororganization ioanadditional insured only for: 4) Coverage under Section | - Covensges. Coverage A. Bodily Injury and Property Damage Liability; and 5) Liability arising out of"your work"or"your product"for that additona| insured; and d) For the period of time required by the written contract and in no evert beyond the expiration nfthis policy. In the event that the Umhe of Insurance provided by this policy exceed the Limits of Insurance required bythe written contract: 7) The insurance provided by this endorsement shall be limited to the Limits of Insurance required bythe written contract; and 8) This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits ofInsurance pertaining bzthe coverage provided herein. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available bothe additional insured whether primmry, mxcaem, contingent or on any other basis unless the written contract specifically requires that this insurance apply on m primary or non-contributory basis. |naccordance with the terms and conditions mfthe policy and asmore fully explained inthe policy, am soon as pnactiumb|e, each additional insured must give us prompt notice ofany °oocurpance^ which may result in e o|a|m, forward all legal papers to ms, cooperate in the defense of any actions, and otherwise comply with all ofthe policy's terms and conditions. Authorized Agent LD'2173O(O107)Printed |nU.S.A. Page 1 of /F /► n % '. X..>S::s :Y." S¢ ' A: Y #" 'X: %X F-6 x>S C ft /"�CORD r DATE(MWDD1YY) a TM x .. .'x`.-;: ;..;i,-;:. .m::.7.„., .E 06/1912009 mak; ,.w 4u .RODUCER Serial# A24669 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON RISK SERVICES, INC.OF FLORIDA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1001 BRICKELL BAY DRIVE,SUITE#1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI, FL 33131-4937 COMPANIES AFFORDING COVERAGE PHONE: 800-743-8130 FAX: 800-522-7514 COMPANY AMERICAN INTERNATIONAL SOUTH INS, CO. A INSURED COMPANY ADP TOTALSOURCE Il,INC. B 10200 SUNSET DRIVE,MIAMI,FL 33173 L/C/F: COMPANY MISPACE CA LP C The Lincoln Building,60 East 42nd St.,Ste 2534,NY,NY 10165 COMPANY D I IN i VI ;... 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 B Y 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. :0 POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER.TR DATE(IMM ONY) DATE(MMIDDINY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ CLAIMS MADE D OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Ary one bre) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULEDAUTOS Rlr)"LarsonYIon)RY $ (der HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY Aero ONLY-Ea ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ _ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ 11 11A1, WORKER'S COMPENSATION AND WC 4367195 CA 07/01/2008 07/01/2009 X TORY UNCTs ER A EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 2,000 3 THE PROPRIETOR/ )( INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSJEXECVTNE " OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER ESCRIPTfON OF OPERATIONSOLOCATIONSIVEHICLESISPECLAL ITEMS ALL WORKSITE EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY, PAID UNDER ADP TOTALSOURCE, INC.'S PAYRO L, kRE COVERED UNDER THE ABOVE STATED POLICY, RE: CITY OF REDLANDS SAFETY HALL RELOCATION , INTERIM FACILITIES(PD .00KUP MODULAR UNIT) PROJECT JL 41102, 1270 W PARK REDLANDS,CA 92374 SON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE CITY OF REDLANDS-SAN BERNANDINO CITY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 35 CAJON ST.,SUITE 15A 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, REDLANDS,CA 92373 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AON RISK SERVICES, INC. OF FLORIDA ,� ... s. ;:�sx..t=::xx;e: s, z� - �z:rz?:s�'-�sar,r.�s�cx.r.a;�:� -- .;sexr��m' xr,.3,s x>. srxy,�yaF,•:;x�� .,ssrx��.=xa rs� '��� .,A,,.,..�,. ._ ,<,.'`:'_,.>-., ^^x.*r �:; .r,- �x .t�.css s ;r: '.=�s'x ;rxxxx�x x:x ,��.�;;r- •�'s;���,-s r� � �'`rrv��€-r�,rr: r.�.�s .„.. ... , ,: ACOR/J, CERTIFICATT OF LIABILITY INSURANCE DATE(MM/°D/YYYY) 06/24J09 PRODUCER 1-800-955-8700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher & Co. Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of California, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15 Enterprise, Ste 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Aliso Viejo, CA 92656 Steve Surber ( INSURERS AFFORDING COVERAGE NAIC# INSURED M Space CA LP INSURER A:ACE AMER INS CO 122667 The Lincoln Building 1INSURER B:Hartford Fire In Co 19682 60 East 42nd Street, Suite 2534 (INSURERC:Great American Assur Co 126344 New York, NY 10165 INSURER D:Landmark Amer Ins Co 33138 INSURER E:CONTINENTAL INS CO 13528977 COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS TQ TYPE OF INSURANCE DATE(MM/DDIYY) A X GENERAL LIABILITY PMDG24865241001 12/31/08 12/31/09 EACH OCCURRENCE $1,000,000 X A A D COMMERCIAL GENERAL LIABILITYPREMISES Ea occurance $100,000 CLAIMS MADE �OCCUR MED EXP(Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 'GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO- LOC B X AUTOMOBILE LIABILITY 72UECUM6811 07/21/08 07/21/09 COMBINED SINGLE LIMIT $1„000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULEDAUTOS (Per person) X HIRED AUTOS I BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X COMP DED. $1,000 PROPERTYDAMAGE X COLL. DED. $1,000 (Peraccident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGO i$ C EXCESSIUMBRELLA LIABILITY U2T62195732 12/31/0$ 12/31J49 EACH OCCURRENCE !$10,000,000 -- — X OCCUR CLAIMS MADE I AGGREGATE $10,000,000 is DEDUCTIBLE I $ X ( RETENTION $ 10,000 $ WORKERS COMPENSATION AND 4 WCYTATU- -LIMITS OTH- EMPLOYERS'LIABILITY TORE.L.EACH ACCIDENT _ $ ER ANY PROPRIETOR'PARTNERIEXECUTIVE -- OFFICERIMEMBEREXCLUDED? E.LDiSEASE-EAEMPLOYEEI$ If yes,describe under i SPECIAL PROVISIONS beiow I E.L.DISEASE-POLICY LIMIT is OTHER D PROPERTY BLRT/RC/SPECIAL LET415143 12/31/08 12/31/09 PP/BUILDING 7,334,896 E RENTED/LEASED EQUIPMENT 02099332752 12/31/08 12/31/09 ER ITEM 50,000 E IM:INSTALLATION OPERATION 02099332752 12/31/08 12/31/09 ONE PREMISE 3,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES[EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The certificate holder(s) is/are named additional insured/primary non-contributory as respects to the general liability policy, per the attached forms LD217300107 and CC1E15. The certificate holder(s) is/are named additional insured/waiver of subrogation applies as respects to the auto liability policy, per the attached forms CA00011001 and HA99160706. As required per written contract. RE: Project # JL-41102 Certholder(s) Continued: City of Redlands, San Bernardino County, CA CERTIFICATE HOLDER CANCELLATION 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Redlands Safety Hall Relocation Interim DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Facilities (PD Lockup Modular Unit) Project # JL-41102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Tim Wilson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1270 W. Park Avenue REPRESENTATIVES, Redlands, CA 92374 AUTHORIZED REPRESENTATIVE USA %? V ACORD 25(2001!48)Sandra123 p ACORD CORPORATION 1988 12330397 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) B. Owned Autos You Acquire After The Poky We will also pay all sum an 'Insured! legally must a"Ins pay as a'covered pollution asst or expense*to which 1. If Symbols 1,2,3,d,5 or a are entered next to a this insurance applies, caused by an 'accident*and res from the ownership,maintenance or use of yoouu coverage have coverage lura ge for Two rautosof the rations, then that you acquire of covered 'autres'. Hoar ver, we will only pay for the thedescribed for the remainder of the policy "covered pollution cost or erxpense It there Is either penod. 'bodily inter'or'property damage'10 which this In- 2. But Symbol 7 Is entered next to coverage In r applies that,is caused by the sarrs "acd- t,If coverage item Two of the Declarations, an 'auto' you ac- We have the right and duty to defend any `InsureW quire will be a covered 'auto' for that coverage ,against a 'slaty asking for such damagero or a'cov- only If: a. We sires cover all "sofas'that you�ant'for erect pollution cost or errse'. Hr�tr�er,we have no duty to defend any "insured' against a 'suit' that coverage or It replaces an*auto'you pre- seeking damages for "bodliy. Injury' or 'property" viously owned that had that cover,and damage'or a"covsred pollution cost or expense to b. You tell us within 30 days after you acquire it which this insurance does not apply.We rosy Inves- that you avant us to cover It for that coverage. Ligate and setllo any claim or 'suit' as we consider G. Certain Tra llem, Mobile FAUIpMent And appropriate. Our chitty to defend or settle ends when Temporary Substitute Au as the Liability Coverage Limit of Insurance has been if Liability Coverage Is provided by this Coverageexhausted by payment of judgments or settlements Farm, the following typer of vehicles are also cov- �1. Who Is An Insured ered'autos"for Liability Coverage. The following are'i sur+ads'. 1. 'Trallers'with a load capacity of 2,000 pounds or a. You for any covered"auto'_ less designed primarily for travel on public roads. b. Anyone else while using with your permission 2. "Mobile equipment"while being carried or towed a covered "auto'you own, hire or borrow ex- by a covered'auta'. cept. 3. Any *auto* you do not own while used with the (1) The owner or anyone else from whom you permission of Its owner as a temporary substitute hire or barrow a c overad 'auto'. This ex- for a covered'auto"you sawn that is out of service caption does not apply It the covered because of its: 'auto*Is a'trailer'connected to a covered 'auto`you own, a. breakdown; (2) Your *employee' it the covered 'auto' is b. Repair; owned by'that'employee'or a member of C. Servicing; his or her Household, d, 'Loss';or (8) Someone using a covered'auto'while he e. Destruction. or she Is working In a business sof selling, SECTION 11-13A511tIY COVERAGEservicrg, repalring, Parking or storing "autos'unless that business Is yours. A. Cov+erafyir (4) Anyone other than your *employees , We will pati all suets an*insuree legally must pay as partners (If you are a partnership). mem- damages because of 'bodily Injury' or 'property bees(If you are a limited liability company), damagal to whit this Insurar=appy,caused by or a lasses or borrower or any of their an 'accident' and resulting from the ownership, lemploye ', while moving properly to or maintenance e or use of a covered'auto'. from a omtered'autW. (5) A partner (it you are a partwrship), or a member(#i'you area Wed flablilly com- p") fora coveted 'm* owned by him or her or a member of his or her house- hold. Polls 2 0 t9O Properties.Inc., 200 CA 00 0110 01 C. Anyone liable for the conduct of an Insured' S. Excluslom described above but only to the Went of that This insurance does not apply to any of the following: liability. 1. Expected Or Intended Injury 2. CoveMe Extensions 'Bodily injury* or 'property damage* expected or a- Sit"llemeirdw Payments Intended from the standpoint of the'Insured'. In addition to the limit of Insurance, we will 2. Contractualpay for the'Insured': Liability assumed under any contract or agree- (1) All expenses we incur. ment. (2) Up to $2,000 for cost of bad bonds On- But this exclusion does not apply to liability for cluding bonds for related traffic law vlola- damages: Dons) required because of an *accident, we cover.We do not have to furnish these a. Assumed in a contract or agreement that is an co C� bonds. 'Insured contract! provided the *bodily Injury* cl (3) The cost of bonds to release attachments or "property damage" occurs subsequent to C3 in any 'suit' against the 'Insured" we de- the execution of the contract or agreement;or C3 fend,but only for bond amounts within our b. That the'Insured'would have in the absence Limit of Insurance. of the contract or agreement. V4 (4) All reasonable expenses incurred by the 3. Workers'Companisidlon co `insured' at our request, including actual Any obligation for which the *Insured' or the 'in- loss of earnings up to$250 a day because sureds' insurer may be held liable under any of time off from Work, workers! compensation, disability benefits or un- (5) All costs taxed against the*Insured'in any employment compensation law or any similar law. suit'against the'Insured'we defend. 4. Employee indemnification And Employees (6) All Interest on the full amount of any judg- Liability ment that accrues after entry of the judg- 'Bodily injury*to: ment in any*suit'against the*insured'we defend, but our duty to pay interest ends a. An 'employee' of the `insured" arising out of when we have paid,offered to pay or de- and in the course of: posited in court the part of the judgment (1) Employment by the*Insured';or ;Nam that Is within our Limit of Insurance. (2) Performing the duties related to the con- IMM"a i b. Out-01-31tato Coverage Extensions duct of the 4insureds'business,or While a covered*auto*is away from the state b. The spouse,child, parent, brother or sister of where It is licensed we will: that 'employee' as a consequence of Para- (1) Increase the Limit of Insurance for Liability graph a.above. Coverage to moot the limits specified by a This exclusion applies: compulsory or financial responsibility law (1) Whether the 'Insured'may be liable as an of the jurisdiction where the covered employer or in any oth.or capacity;and 'autois being used.This extension does not apply to the limit or limits specified by (2) To any obligation to sham damages with any law governing motor carriers of pas- or repay someone else who must pay sangers or property. damages because of the injury. (2) Provide the minimum amounts and types But this exclusion does not apply to'bodily injury' of other coverages, such as no-fault, re- to domestic 'employees' not entitled to workers' quired of out-of-stale vehicles by the furls- compensation benefits or to liability assumed by diction where the covered "auto* Is being the'Insured*under an"Insured contract.For the used. purposes of the Coverage Form,a domestic"em- ployee'Is a person engaged In household or do- We will not pay anyone more than once for mastic work performed principally In connectionmom the same elements of loss because of these with a residenmrn ce pises. extensions. CA 00 0110 01 0 ISO Properties,Inc., 2000 Page 3 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: TA 00 C;C1 BUSINESS AUTO COVERAGE FORM Cl To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other TA provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED B. Employees as Insureds co A. Subsidiaries and Newly Acquired or Paragraph A.i. VWI0 IS AN INSURED- of Formed Organizations SECTION 11 LIABILITY COVERAGE Is iv p The Named Insured shown in the amended to add: C. Declarations is amended to include: d. Any "employee" of yours while using a Ln rncovered "auto" you don't own, hire or (1) Any legally incorporated subsidiary in which you own more than 50% of the borrow in your business or your Sam" voting stock on the effective date of the personal affairs. Coverage Form. However, the Named C. Lessors as Insureds Insured does not include any subsidiary Paragraph A.1. -WHO IS AN INSURED-of that is an "insured" under any other Section 11-Liability Coverage is amended to Z= automobile policy or would be an add: "insured" under such a policy but for its e. The lessor of a covered "auto"while the termination or the exhaustion of its Limit "auto' Is leased to you under a written of Insurance. agreement if, (2) Any organization that is acquired or (1) T formed by you and over which you he agreement requires you to maintain majority ownership. However, provide direct primary insurance for the Named insured does not include any the lessor and newly formed or acquired organization: (2) The*auto"is leased without a driver. (a) That Is a partnership, joint venture Such a leased "auto" will be considered a or limited liability company covered "auto" you own and not a covered (b) That is an"Insured"under any other "auto"you hire. policy, 2. AUTOS RENTED BY EMPLOYEES WMWW (c) That has exhausted its Limit of Any *auto" hired or rented by your "employee" Insurance under any other policy,or on your behalf and at your direction will be 21011 (d) 180 days or more after Its considered an"auto'you hire. acquisition or formation by you, The OTHER INSURANCE Condition is amended unless you have given us notice of by adding the following: the acquisition or formation. If an "ernployee's" personal insurance also Coverage does not apply to "bodily applies on an excess basis to a covered "auto" injury" or*property damage'that results hired or rented by your "employee" on your from an "accident' that occurred before behalf and at your direction, this insurance will you formed or acquired the organization. be primary to the 'employee*s' personal insurance. Form HA 9916 07 06 Page I 0 2006, The Hartford(includes copyrighted material of ISO Properties,Inc.,with its permission-) d. Any other electronic equipment that receives (2) A partner, if you are a partnership; or transmits audio, visual or data signals it (3) A member, if you are a limited liability such equipment: company;or (1) is permanently installed in a covered (4) An executive officer or insurance manager, if "auto"at the time of the"loss";and you are a corporation. (2) is designed to be solely operated by use 113. UNINTENTIONAL FAILURE TO DISCLOSE of the power from the "auto's" electrical HAZARDS system, in or upon the covered *auto"; If you unintentionally fail to disclose any hazards and existing at the inception date of your policy. we (3) was initially installed or is a replacement will not deny coverage under this Coverage of equipment that was initially Installed Form because of such failure. by the auto manufacturer or dealer 14. HIRED AUTO-COVERAGE TERRITORY r4 co before the covered *auto"was delivered coParagraph e. of GENERAL CONDITIONS 7. - 0 to the original purchaser,and Cl (4) the value of the equipment was included POLICY PERIOD, COVERAGE TERRITORY- of in the retail cost the original purchaser SECTION IV-BUSINESS AUTO CONDITIONS is ci paid for the covered"auto". replaced by the following: ri e. For short-term hired "autos", the coverage C, 9. EXTRA EXPENSE-BROADENED 4 territory with respect to Liability Coverage is 1-4 E COVERAG cc anywhere in the world provided that if the W Under Paragraph A.-COVERAGE-of SECTION "insured's*responsibility to pay damages for C14 III - PHYSICAL DAMAGE COVERAGE, we will "bodily injury" or *property damage" is r- CA pay for the expense of returning a stolen covered determined in a"suit,"the"suit"is brought in C> "auto*to you. the United States of America, the territories C> 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE and possessions of the United States of Under Paragraph D.-DEDUCTIBLE-of SECTION America, Puerto Rico or Canada or in a III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to. "e tm following is added: "M 15. WAIVER OF SUBROGATION 0 > No deductible applies to glass damage if the TRANSFER OF RIGHTS OF RECOVERY glass is repaired rather than replaced. AGAINST OTHERS TO US - of SECTION IV - 11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended by Under Paragraph D.-DEDUCTIBLE-of SECTION adding the following: III - PHYSICAL DAMAGE COVERAGE, the We waive any fight of recovery we may have following Is added: against any person or organization with whom MA you have a written contract that requires such %= If another Hartford Financial Services Group, waiver because of payments we make for Inc. company policy or coverage form that is not damages under this Coverage Form, an automobile policy or coverage form applies to the same"accident",the following applies: 16, RESULTANT MENTAL ANGUISH COVERAGE (1) If the deductible under this Business Auto The definition of "bodily injury" in SECTION V Coverage Form is the smaller (or smallest) DEFINITIONS is replaced by the following: deductible,it will be waived'. "Bodily injury" means bodily injury, sickness or (2) If the deductible under this Business Auto disease sustained by any person, including Coverage Form is not the smaller (or mental anguish or death resulting from any of smallest) deductible, it will be reduced by these. the amount of the smaller (or smallest) 17. EXTENDED CANCELLATION CONDITION om deductible. Paragraph 2. of the COMMON POLICY 12. AMENDED Dunn IN THE EVENT OF CONDITIONS -CANCELLATION- apples except Imm ACCIDENT,CLAIM,SUIT OR LOSS as follows: aim Run" The requirement in LOSS CONDITIONS 2.a. - If we cancel for any reason other than DUTIES IN THE EVENT OF ACCIDENT, nonpayment of premium, we will mail or deliver CLAIM, SUIT OR LOSS - of SECTION IV - to the first Named Insured written notice of BUSINESS AUTO CONDITIONS that you must cancellation at least 60 days before the effective notify us of an "accident' applies only when the date of cancellation. "accident"is known to: (1) You,if you are an individual'. Form HA 9916 07 06 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Named Insured Endorsement Number M SPACE HOLDINGS, LLC Policy Symbol Policy Number I Polity Period Effective Date of Endorsement PMD 624865241001 12/31/08 TO 12/31/09 12/31/08 Issued By(Name of Insurance Company) insert the p2!lcy number. The remairider of the Information is to be compAlted only When this endorsement is issued suWqcent tp the re cohort of the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CUSTOM GENERAL LIABILITY POLNCIAr Condition 4,Other Insurance of SECTION IV—CONDITIONS,is amended to include the following: X This insurance is primary if. 1. Any additional insured under this policy has other liability insurance which applies to a loss covered by this policy; and 2. You have specifically agreed In a written contract executed prior to the loss that this insurance must be primary and non-contributory with other insurance issued directly to such additional insured, B. However,when this insurance is primary to and non-contributory With other insurance,we will only pay the amount of the loss,if any,that exceeds the Self Insured Retention. Nothing herein shall operate to increase the Limits of Insurance. All other terms,exclusions and conditions remain unchanged. Authorized Agent CCIE15FId,in WA Page 1 of 1 ^ ~ ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Endorsement Number M Space Holdings, LLC TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMD I G24865241-001 12/31/08 to 12/31/09 12/31/08 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information mmbe completed only when this endorsement is issued subsequent mthe preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' This endorsement modifies all insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following kaadded boSection ||.2—Who|eAnInsured: e. Any person or organization that you are required to include as on additional insured under this policy because cfawritten contract that: 1) |aineffect during this policy period; and 2) Was executed prior to the"occurrence"of the"bodily injury" or"property damage"; and 3) Qualifies aaan "insured contract"asdefined inthis policy. Such person mrorganization iaanadditional insured only for: 4) Coverage under Section | - Coverages, Coverage A. Bodily Injury and Property Damage Liability; and 5) Liability arising out of"your work"or"your product"for that additional insured; and S) For the period of time required by the written contract and in no event beyond the expiration ofthis policy. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required bythe written contract: 7) The insurance provided by this endorsement shall be limited to the Limits of Insurance required bythe written contract; and 8) This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits ofInsurance pertaining tothe coverage provided herein. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract specifically requires that this insurance apply on o primary nrnon-contributory basis, In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as preotuab|e, each additional insured must give us prompt notice of any "occurrence" which may result in a daim, forward all legal papers to us, cooperate in the defense ofany actions, and otherwise comply with all nfthe policy's terms and conditions. Authorized Agent L[-21730(01/07)Printed in U,B,A. Page 1 of 1 Includes copyrighted material n|Insurance Services Office,Inc.with its permission CITY OF REDLANDS TEWORARY BUSINESS TAX • RECEIPT • t DATE 6 1241D L AMOUNT$ a i Name of Business a e-. eA- LP Expiration Date Business Description , ` r Comments: b st FA 11 1[) ry Q E C17Y OP REMANDS �'CT'�Z7i��Zr`C.lSTT t OFFICE