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Contracts & Agreements_66-2005_CCv0001.pdf
Recorded in Official Records,County of San Bernardino 7/11/2005 RECORDING REQUESTED BY �— LARRY WALKER 11:59 Am �c srary AND WHEN RECORDED MAIL TO: SW ,8x� Auditor/Controller — Recorder =: h R Regular Mail CITY CLERK CITY OF REDLANDS Dock 2005--0495279 Titles: 1 Pages: 1 35 CAJON STREET P.O. BOX 3005 ( Fees 0.00 REDLANDS CA 92373 Taxes 0.00 Other 0.00 PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED NOTICE OF COMPLETION PER GOVERNMENT CODE SECTION 6103 Notice pursuant to Civil Code Section 3093, this notice must be filed within 10 days after completion of work. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the owner is: CITY OF REDLANDS 3. The full address of the owner is: 35 CAJON STREET, P O BOX 3005 REDLANDS CA 92373 4. The nature of the interest or estate of the owner is; In fee. 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NOT APPLICABLE 6. A work of improvement on the property hereinafter described was completed on June 28,2005. The work done was: Church Street Building Demolition, Contract No. 208300-7150/41002. 7. The name of the contractor for such work of improvement was: Dakeno, Inc. 6021 Tarragona Drive, Riverside CA 92509 April 19, 2005 (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Redlands,County of San Bernardino,State of California, and is described as follows:The northwest and southwest corners of the intersection of Church Street and State Street 9. The street addresses of said properties are: 725 E. State Street, 19 N. Church Street, 21 N. Church Street, and 23 N. Church Street Dated:June 29, 2005 � I : Senior Civil Engineer, Pu Works Department,City of Redlands VERIFICATION I, the undersigned, say I am the Public Works Director of the declarant of the foregoing Notice of Completion, and have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 29, 2005,at Redlands, California. Public Works Director, Public Works Department, City of Redlands AGREEMENT THIS AGREEMENT, made and entered into this 10 day of April, 2005, 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 the "City", and Dakeno, Inc.,of the City of Riverside, County of Riverside, State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: L Scope of Work. The Contractor will furnish all materials and will perform all of the work to perform demolition of Church Street Buildings project, complete, all as shown, specified, and made a part of Contract No. 208300-7150/41.002. 2. For the Contract Sum of$ 32,950.00, in accordance with the terms and conditions of the Contract Documents. 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 the City pursuant to and Escrow Agreement. 3. Time for Completion. The work shall be completed within twenty-five(25)work days from and after the date of the Notice to Proceed. 4. Liquidated Damages.Failure ofthe Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are,and will continue to be, impracticable and extremely difficult to determine. The Contractor shall pay to the City, or have withheld from monies due it,the sum as set forth in the General Provisions for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the contract shall constitute agreement by the City and Contractor that the liquidated damages amount per day is the minimum and actual damage caused by the failure of the 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 the Contractor if such delay occurs. 5. Contract Documents. The complete contract includes all of the contract documents set forth herein, to wit;Notice Inviting Bids, Instructions to Bidders, Proposal and Bid Forms, Bid Bond, Agreement, Performance Bond, Payment Bond, Plans and Specifications, all referenced specifications, and any Addenda thereto. 6. Attorney Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this contract the prevailing parry shall,in addition to any costs and other relief;be entitled to recovery of its reasonable attorney's fees. 7. Defense Obligation. The Contractor shall defend the City, its elected officials, officers, agents, and. employees from and against any and all claims, losses,damages,and causes of action, including death, brought by any person or persons for or on account of any wrongful or negligent act or omission of the Contractor, its employees or agents in connection with the performance of the Contractor's obligation under this contract. 8. Insurance. All policies of general liability and business automobile insurance required by this contract shall name the City, its elected officials,employees, and agents as additional insureds. Any insurance required under this contract shall be primary with respect to the City and non-contributing to any insurance or self-insurance maintained by the City. 9. Resolution of Construction Claims. Claims made by the Contractor in the amount of$375,000.00 or less shall be processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contracts 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 the Public Contracts Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by the Contractor. Pursuant to Public Contract Code section 9201, if the City receives a third party claim in relation to this Contract, the City shall timely notify the Contractor. The City shall be entitled to recover reasonable costs incurred in providing the notification required by Public Contract Code section 9201(b). 10. Eligibility of Contractor/Subcontractor. Contractor and any subcontractor agree to 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. 11. Assignment of Agreement. No assignment by a party hereto of any rights or interests under this agreement will be binding on another party without the written consent of the party sought to be bound. 12. Successors and Assigns. The 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. 13. 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 the City and Contractor. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. CITY SEAL -- Mayor,City of Redlands ATTEST: County/of San Bernardino, California Cit; Clerk,City of Redlands — County of San Bernardino, Cali ornia Dakeno. Inc. Name of Contractor CONTRACTOR SEAL By: Signature of Authorized Agent e- f Signatory's Title Signature of Authorized Agent (if necessary) Signatory's Title Q fnecessary) 250091 Contractor's License No. WORKERS' COMPENSATION INSURANCE CERTIFICATION DEMOLITION OF CHURCH STREET BUILDINGS CONTRACT No. 208300-7150/41002 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 3 700 of the Labor Code which requires every employer to be insured against liability for Workers'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 186 1) ALZ-9Z- ,&15 Date / I Dakeno ,Inc. Name of Contractor By: Signature of Authorized Agent Signatory's Title 250091 Contractor's License No. Premium: $989.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Redlands, State of California(hereinafter designated as City), and Dakeno, Inc. (hereinafter designated as Principal) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated April 19, 2005,and identified as Contract No.208300-7150/41002, is hereby referred to and made apart hereof; and WHEREAS, under the terms of said agreement,Principal is required before entering upon the performance of the work, to furnish a good and sufficient faithful performance bond with the City. NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City in the sum of *Thirty—two Thousand, Nine Hundred Fif ty & 00/100* dollars ($ 32,950.00 )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 her heirs, executors, administrators, 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 her 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 therefor,there shall be included costs and reasonable expenses and fees, including attorney's fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement 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 named, on May 13, . 2005. Bond No. 254755 Dakeno, Inc. (SEAL) American Contractors Indemnity (SEAL) Principal Surety 77-131 ' Z / mpany By: By: tt ey. Signature Signa�t -C�.iShively, Att r ey—in—Fact Airport 1 7 984i Blvd, i Floor Address: 9841 Airport Blvd, Los Angeles, CA 90045 (Notarial Acknowledgments of Principal and Surety) Telephone: 800 486-6695 (= PAYMENT BOND WHEREAS, the City Council of the City of Redlands,State ofCalifornia(hereinafter designated as"City"), and Dakeno,Inc.(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements,which by said agreement dated April 19,2005,and identified as Contract No. 208300-7150/41002, 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 furnish a good and sufficient labor and materials payment bond with the City 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 and firmly bound unto the City and all contractors, subcontractors, laborers,materialmen,and any other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of the State of California in the sum of *Thirty-two Thousand, Nine Hundred Fifty & 001100* dollars ($ 32,950.00 )for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above 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 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure 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 the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia 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 named, on May 13, , 2005. Bond No. 254755 Dakeno, Inc. (SEAL) American Contractors Indemnity Principal Sure '(SEAL) Surety ~'pony By. Signature By. g Signatur . Shively, Attey-in-Fact Address: 1 Airpnrt B17ud,--91--FJQa r Los Angeles, CA 90045 (Notarial Acknowledgments of Principal and Surety) Telephflne: ( 00 )486-6695 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �^ State of California County of San Bernardino ss. On �,����� before me, Margarita Sanchez Notary Public , Date Name and Title d Oftel(e.g..'Jarw Doe,Notary Pubkj personally appeared J.C. Shively N-n*s)of signers) IN personally known to me „ .�.� .di►.�!. ❑ proved satisfactory N1ar<�a�nt HEZ p ed to me on the basis of Cor'1 Mission# 1672350 � evidence Notary Public-Go@tcrnia son BefncsrctinoCaun'y to be the person(s)-whose names} isfatre" \ �� (vty coFntn exp rF s Feb 24,2008 subscribed to the within instrument and 1 acknowledged to me that he/sheftih+ey executed the same in -hrs/herithetr authorized ? capacity(ies} and that by his/her/their signature*on the instrument the person(st,or the entity upon behalf of which the person* acted, executed the instrument. WITNESS d an offici eal of N—O0 tr OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers)Other Than Named Above: _ h Capacity(ies) Claimed by Signer i Signer's Name: ❑ Individual Toa of mumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General 2 Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: AMERICAN CONTRACTORS INDEMNITY COMPANY 0 1999 Nasonaf Notary AswOatbn•9350 De Sob Ava..P.O.Box 2402-Chatsworth.CA 91313-2402•www.naborwWsotary.org Prod.No.5907 Raordar Cad Toa-Fres 1-SOM76.5g27 American Contractors Indemnity Company 9841 Airport Blvd., Yn Floor Los Angeles,California 90045 0, ATTORNtY. KNOWALLMEN BY THEE PRESENT'S: �at �r t� tai � ca 611Tr 'a,� rrt� tt d Who" �arrr�tie ' arr Iar ,nrX ► a; rrnriirr, a�or�ii � rI tr ttt�ty.tca �� mal ,rd � ��arTtxtrr � ra� xTtrt � 1r � f Js k 040 � a� ttom P, "t r ata rtTr carr n , "# ���Pne��T' � y Ts' rarit Arad � � a1T�frw�lrl�aatta �, t� ut�'rot'rty',�ii'tri L"tt�tt�� g' n�nt� ���t��� . ;t .� +a.w:.�,tu^rxev.xxs..a35vxz .,,=�a. .+,SttiS`w.z`i`i#.G•�i3"i ''#�YtiT' Ci4t$,''iar`IYi#"i3lS`•tYrF�.. YYYaIL'•C9�,`C,trt ;D . T3eeember, 199#7. "RESOLVED,that the Chief Executive O ver,President or any Vice I�refidemi Executive,Vice President, ieretary or assistant Secretar�.' shall have the power and authority 1, To appoint Attorney(s)-inFact and to authorize there to execute on beha�ofth Company: and attach the seat of the Company thereto, bonds and undertaking's,contracts o"f"indemnity and other Writings obligatory in the nature thereof and, 2, To remove,at anytime,away such r9tiorney-inFact and revoke the hcli*given. 16—SOLVE F It�EX that thy^signatures of such officers and the seal of the-Compdar tay;tie affixed, gni such, �a er of Attorney or certificate relating thereto by facsimile;and any such Power of Attornev or cent irate bearing,such facsimile signatures ir~;`dimit%st at� i3tl l�e valid and binding upon the Compatty rand any such power so execrated and certified vy facsimile signatures and ffacsimile seal shall Ire vaiN crud binding upon the C-liam lly in the future with respect to any farms or undertaking to which it i attached„ IN WITNESS HEREOF American Contractors Indemnity Company has eaused'its seal to be affixed hereto and executed by its Chief Executive Officer on the 15,b day of December,2003. AMERICAN C NTRACTOR INDEMNITY COMPANY S�EPt 26,M Robert `. onlas,Chief E Went ive OfTieer STATE O CALIFORNIA COUNTY OF LO ANGELES § On this T ` day of Dee.mber 2003,,.before me,Deborah Reese,a notary public.persona tl appmili <i ;rt F .;surras.C er Es:�f a,7tt:w . SY..i .,X,s'wuFV"; .t r£ s.t`si'xi� i1 'i7 ':'1U #3 'T.+3G2`.4'+",l s xY..''•s`"ti'kY,�.,.3 'k7£" t"�k'atl':"t�. £ s'.�'Ey'Et x�..: ,ae o Te4T that e execut t rhe a*e mins inter n t.»rcT aTfi.�wr'.the s u o i eo�;r r tlr r to iy t u car i ' sx i carfare. riarrr N"N" �t� rat a �� ra�t dttr arrr � � ' 't� a d tit r9I� day�e L � rtla f � rotrr # ;sr ', rrTrt rr r mar a ' �1 �iTNES HEET�fl�',I have Taerunto set y�trd tom,' ,._ ' day�T 120fl BcrTdNcr_ �� Ieann I.Titn,Co poste eeretar Agency No #9006 x�}•.res�r�rs� Company Profile AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD, 9TH FLOOR LOS ANGELES, CA 90045 800-486-6695 Agent for Service of Process CHARLES BACLET, C/O NATIONAL REGISTERED AGENTS, INC. 2030 MAIN STREET, SUITE 1030 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 10216 NAIC Group #: 0000 California Company ID #; 3634-3 Date authorized in California: May 23, 1994 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison_D_Data Composite Complaint Studies Want More? Help_Me,_Fnd a&QmpAuy Representative in My Area Financial Rating_Organizat ons Last Revised-November 04,2004 11:18 AM Copyright©California Department of Insurance Disclaimer DATE(MMtDD/YYYY) WIM. CERTIFICATE OF LIABILITY INSURANCE I 4 26 200 3UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TGEiIS & ASSOC INS SERV INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR )722 ARROW RTE #116 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. U CHO CUCAWNGA CA 91730 1 909/941-0167 FX 909/941-9453 INSURERS AFFORDING COVERAGE NAIC# RED DARFNO, 1140 INSURER A: L"4KNISTON INSURAIKZ COMPAW VULCAN INSURER B: FINANCIAL ZNDE7ITY COMPANY 6021 TARRAGON& DRIVE INSURER C: RIVERSIDE, CA 92509 INSURER D: 1 686-6608 WSURER I—' VERAGES NE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERF INDICATED.NOTWITHSTANDING NY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH OLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �NM TYPE OF INSURANCE POLICY NUMBER PfNJCYE%FIRAT N UNITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 XCOMNERCIALGENERALLLIAE�ITY PREMISES Eao=,rence s 50,000-00 CLAIMS MADE ®ocCUR MED EXP(Any one person) s I.000.00 CLO41703906 08/20/04 08/20/05 PERSONAL&ADV INJURY x1.000.000.00 GENERAL AGGREGATE $2,000,000.00 GEN'L AGGREGATE LtlA#T APPLIES PER: PRODUCTS-CONPIOP AGG $ INC GEN X POLICY j LOC AUTOMOBILE LIABILITY COMBINED SINGLE LHMT $750,000-00 (Ea awdent) ANYAUTO ALL OWNED AUTOS BOOILY[FUURY $ (Per pers-) X SCHEDULED AUTOS I HIRED AUTOS C7862257 01 03/30/05 03/30/06 BODILYINJURY (Peracddent) $ NON-OWNEDAUTOS PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ F1 EA ACC $_ ANYAUTO OTHER THAN AGG $ EXCESSIUMBRELLA LIABILTLY EACH OCCURRENCE OCCUR CLAIMSMADE AGGREGATE $ s DEDUCTIBLE $ RETENTION $ $ A U- WORCERSCOMPENSAT"AND T RYLIMIT ER EMPLOYERS LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETORPARTNEILk� OFFICERNEMSER EXCLUOEO7 E.L.DISEASE-EA EMPLOYEE S Ifyes,descnbeunder E-L.DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below t OTHER :SCRtPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUS40NS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS BID FOR CHURCH STREET SUILDING DIMLITION COWrRACT#209300-7150/41015 EVIDEUCE OF INSURANCE 1 :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICiES BE CANCELLED 0f§RE THE EXPIRATION { CITY OF REDLANDS DATE THEREOF.THE ISSUING.,INSURER WILL ENDEAVOR TO MAIL 44 j DAYS WRITTEN f PO ${}}X 3005 NOTE TO THE CERTIFICATE �,-�DSHE LEFT,BUT FAILURE TO 00 SO SHALL REDLANDS CA 92373 IMPOSE NO OBLIGATION OR LUPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE > r �J SCC>RD 25{2001108} Col ACORD CORPORATION 1988 STATEP.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTHOLDER COPY COMPENSATION INSURANCE FUNDICERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-26-2005 GROUP: POLICY NUMBER: 1705622-2005 CERTIFICATE ID: 24 CERTIFICATE EXPIRES: 01-01-2006 01-01-2005/01-01-2006 CITY OF REDLANDS PUBLIC WORKS DEPT PO BOX 3005 REDLANDS CA 92373 JOB: ATTENTION ALAN GRIFFITH This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions,and conditions,of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MARCIA A MILLER PRES EXCLUDED. ENDORSEMENT #1600 - MICHAEL K MILLER VP EXCLUDED. ENDORSEMENT #1600 - CORBIN J MILLER VP EXCLUDED. ENDORSEMENT #1600 - PAUL STOUT SEC,TRES EXCLUDED. ENDORSEMENT #1600 - C KENNETH MILLER JR DRTR - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER DAKENO, INC 6021 TARRAGONA DR RIVERSIDE CA 92509 [CES,CN] PRINTED:04-26-2005 SCIF 10262E Accept this certificate only if you see a faint watermark that reads"OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 AUCTION AGREEMENT NATIONWIDE AUCTION SYSTEMS,now and hereinafter referred to as(NAS)and the undersigned("Seller")agree as follows: 1. AGENCY: Seller hereby appoints NAS as its agent to conduct a Public Auction of personal property as described below. NAS shall be an independent contractor. Seller authorizes and confers upon NAS the power to take all actions on its behalf necessary to complete the auction,including but not limited to publication and recordation of"Notice of Intent to Sell at Public Auction Sale"in compliance with the Bulk Sales Law,giving any other notice or filing any documents that may be required by law,accepting cash or checks on behalf of Seller in payment of property sold,signing on behalf of Seller as registered and/or legal owner of any motor vehicle sold to effect a transfer,and satisfying or comprising secured parties who hold or assert a lien in any Property sold at auction. Seller hereby agrees to sell the Property to the highest bidder,with no minimum,reservation,buy-backs,or persons bidding for Seller- This Agreement shall remain in force and effect until canceled by either party. 2. PROPERTY: The Property is described in general as follows:Surplus Equipment,Vehicles and Property on a continuing basis. Miscellaneous assets only Transportation is billable and will be deducted from proceeds. .**ALL reference to vehicles is null and void: Vehicle consignment requires a separate contract I and commission structure****** Vehicles at the option of NAS may not be offered at auction unless the Certificates of Ownership and all other documents necessary to effect a transfer of title for Motor Vehicles, Trailers and Towable Forklifts are submitted to NAS at least five (5) days prior to the sale. The Seller agrees to pay advertising and all other costs as provided below on any Property withdrawn from the sale by NAS as a result of the failure by the Seller to submit the required documents specified above. 3. TIME & PLACE: Auction Company will accept items on a continuing basis at the auction site to be included in the next available regularly scheduled auction at the option of NAS. None of the Property may be sold before the auction without the written consent of both parties, in which case the sale proceeds shall be treated as part of the gross proceeds of the auction. All of the Property shall be at the auction site fourteen(14)days prior to sale date, and in the event of a failure of Seller to deliver said Property,or if Seller shall breach this contract. Seller agrees to pay the advertising and other costs as provided below and said commission based on market value of said property, 4. COMMISSION & EXPENSES: NAS shall receive as commission ten percent (10%) of the gross sales proceeds. In addition, NAS shall be reimbursed for the cost of title search if deemed necessary by NAS. In the event NAS satisfies or takes an assignment of interest or secured parties, all amounts paid to the secured parties in satisfaction of the secured interest of for an assignment of interest to NAS shall be deemed to be advances by NAS, which advances shall be deducted out of the sales proceeds of seller after payment of commissions and expenses. At the election of NAS, a buyer premium may be charged. The terms on the reverse hereof are part of this agreement and should be read carefully! AWA�W.,0111111bM WAVAV I 2tM SWrjrff -Aff- AFA=ff rffA7W CITY OF REDLANDS W""W 1W " OrAWAS111111ill A MC MA(SYS rEVS AG AME BOND: 69542543 DEALER LIC#39269 9'IGN'ffD Mayor Susan Pe pier 35tJ N STREET Attest:�_ , Lar ie Poyz7. ty C_1_e_rR_ tl MAILING ACCfRESS REDLANDS, CA 92373 BY: CITY 1 ST ATE/ZIP CODE 04/19/05 DEPUTY CHIEF C. HYMAN DATED TELEPHONE BUS. (909)798-7650 FAX: (909)798-7639 (Page 1 of 2) PRINCIPAL AUCTION AGREEMENT (Page 2 of 2) 5. SECURITY INTEREST: Seller hereby gives NAS a security interest in the Property and Equipment now owned and hereinafter acquired by Seller(including insurance')and in the sales proceeds, in order to secure any and all advances which may be made to or on behalf of the Seller by NAS and to secure any and all other obligations that seller may owe NAS, arising out of or shall have all of the rights of a secured creditor under the Uniform Commercial Code and Seller agrees to execute a financing statement enabling NAS to perfect this security interest as a first lien on the Property. 6. REPRESENTATIONS AND INDEMNITY BY SELLER: seller represents and warrants that title to the Property is and will be at the time of the auction.free and clear of any and all liens, security interests, encumbrances, rights, and claims other than those of NAS pursuant to this Agreement. Seller represents and warrants that all Property subjected to this Agreement is covered by insurance against normally insurable risks, and such insurance will be maintained until delivery of the subject assets to a purchaser. NAS shall be deemed an additional insured under Seller's insurance policies. Seller further represents and warrants that Seller had used no other business name and address in this Agreement. Seller represents and warrants that Seller is not a vehicle dealer. Seller hereby indemnifies,defends,and holds NAS harmless from and against any and all losses,costs,expenses,demands,claims,causes of action and liabilities(including without limitation responsible attorneys'fees)(collectively"losses and liabilities")related directly or indirectly to,arising out of, or in connection with the agreement and/or the Property, including without limitation any dispute with respect to the ownership and/or right to possession of the property and/or the sales proceeds,whether or not NAS becomes involved in any action for interpleader or other legal proceedings. Without limiting the generality of the foregoing indemnity,Seller agrees that said indemnity shall cover any and all losses and liabilities arising out of or in connection with death or injury to person or damage to property caused wholly or in part by defects in or the condition of Property, including without limitation product's liability. 7. GENERAL PROVISIONS: (a) Both parties waive all rights for damage to the property of each party resulting from the negligence of the other party where such damages would normally be covered by fire, extended coverage, or other insurance. This waiver does not apply to willful acts of either party, (b) NAS is authorized to satisfy or take assignment of the interest of secured parties, but nothing herein shall obligate NAS to acquire the interest of a secure party.unless NAS elects to do so in its sole and absolute discretion, (c) Within twenty (20) banking days after the auction date, NAS shall present a full accounting of the sales proceeds and expenses. With such accounting, NAS shall present Seller with a check for all monies due from such auction unless delayed by legal proceedings or inability of NAS,through no fault of it's own,to transfer title or to comply with the Uniform Commercial Code or other laws- NAS reserves the right to eliminate from settlement any Property for which payment has not been made and Seller agrees to accept responsibility for reclaiming same wherever located. (d) Should NAS deem it necessary to retain legal counsel for any matter related to the auction, NAS shall be entitled to reimbursement for such expense. In the event any dispute arises out of this agreement, the prevailing party shall be entitled to reasonable attorneys'fees from the other party,