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Downtown Fresno Partnership - Agreement - 03.24.2022
LICENSE AGREEMENT (Property at 815,829,835 Fulton, Kern Mall, Inyo, and Mono Streets) THIS LICENSE AGREEMENT (Agreement) is entered as of Nl ~c\ )::\ 2022 (Effective Date) between the Housing Successor Agency to the Redevelopment A gency of the City of Fresno, a public body, corporate and politic, (AGENCY), the City of Fresno, a public body, corporate and politic, (CITY), and Downtown Fresno Partnership (LICENSEE). RECITALS A. LICENSEE is a property-based business improvement district that will be hosting an event to celebrate the one year anniversary of the Fulton Street opening at Fulton Street from Kern to Inyo (the Event). B. LICENSEE will utilize the vacant real property at 815, 829, 835 Fulton Street, and Kern Mall (APNs 468-282-0ST, 468-282-22T, 468-282-23T, Kern Mall) that is owned by the AGENCY and CITY (the Licensed Property). C. AGENCY and CITY (collectively, LICENSOR) agree to allow Licensee to use the Licensed Property on the terms and conditions herein. AGREEMENT 1. License to Use. In consideration of the covenants and conditions set forth in this Agreement, LICENSOR permits LICENSEE to use the Licensed Property for the sole purpose of the Event, subject to applicable local, state and federal law, and this Agreement. 2. Term. The term of this License shall be the sooner to occur of the following: (a) Licensee's completion of the Event, (b) Licensee's vacation of the Licensed Property, or (c) March 25-27, 2022. 3. Surrender of Property and Relocation. Upon termination of this Agreement as provided herein, LICENSEE, at its sole expense, shall vacate and surrender the Licensed Property. In consideration of LICENSOR's agreement to enter this License, LICENSEE hereby releases and waives any and all rights it may now have, or hereafter obtain, to any "relocation assistance benefits" pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. § 4601 et seq.), the California Relocation Assistance law (Cal. Gov. Code § 7260 et seq.), or any other statute that replaces or provides rights similar to such statutes, if LICENSOR requires LICENSEE to vacate and surrender the Licensed Property in such a way as to displace LICENSEE from the Licensed Property. LICENSEE, further, shall execute any other documentation of the release and waiver provided hereby as LICENSOR may reasonably require. 4. Limitations on Use. 4.1 LICENSEE's use of the Licensed Property shall be limited to use for the Event and use reasonably and incidentally related thereto. 4.2 LICENSEE shall not install any improvements, temporary or permanent. 1 . ' 4.3 LICENSEE is prohibited, without limitation, from increasing the permitted use on the Licensed Property. 4.4 LICENSEE shall comply with all applicable terms, conditions and requirements of the LICENSOR'S policies regarding use of public property and other LICENSOR, rules and regulations. LICENSEE shall comply with all applicable laws and regulations of the federal, state, county, local governments and all administrative agencies thereof which may have jurisdiction over LICENSEE's use of the Licensed Property. 4.5 LICENSEE shall not cause or permit any Hazardous Material to be used, stored, transported, generated, or disposed in or about the Licensed Property by LICENSEE or LICENSEE's agents, employees, contractors, LICENSEEs, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste which is or becomes regulated by any local governmental entity, the State of California, or the United States Government under any law, regulation or ordinance regulating or controlling any Hazardous Material (the "Hazardous Materials Laws"), including, without limitation, any material, or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under California Health and Safety Code§§ 25115, 25117 or 25122.7, or listed pursuant to California Health and Safety Code § 25140, (ii) defined as a "hazardous substance" under California Health and Safety Code § 25316, (iii) defined as a "hazardous material," "hazardous substance" or "hazardous waste" under California Health and Safety Code § 25501 (v) defined as a "regulated medical waste" under 40 C.F.R. § 259.10(a) or § 259.30, (v) petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous substance" pursuant to § 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (42 U.S.C. § 6903), or (x) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601). 5. Indemnification and Insurance. LICENSEE agrees to the Insurance and Indemnification provisions attached hereto as Exhibit A and to the Insurance Requirements attached hereto as Exhibit B and incorporated herein. 6. Maintenance and Repair. LICENSEE, at LICENSEE's sole expense shall maintain the Licensed Property in a condition satisfactory to LICENSOR and in accordance with applicable governmental codes. LICENSEE shall be responsible for any citations issued by any agency having jurisdiction as a result of LICENSEE's failure to comply with any applicable law, regulation, ordinance, rule, or order. 7. Taxes. Nothing contained in this Agreement shall be construed to exempt the LICENSEE from any tax levy or assessment which is or may be hereafter lawfully imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6 that this License may create a property interest subject to property taxation and may subject LICENSEE to the payment of property taxes levied on such interest. 2 8. Default; Termination. In the event that LICENSEE fails to perform any obligation under this Agreement, LICENSEE shall be in default hereof, and LICENSEE shall pay all costs and expenses incurred by LICENSOR in obtaining performance of such obligations including, without limitation, costs of suit and reasonable attorney's fees. If LICENSEE uses the Licensed Property for any purpose not expressly authorized by this Agreement or fails to act strictly in accordance with the terms and conditions of this Agreement, LICENSEE shall be in default hereof. If LICENSOR determines that any default by LICENSEE does or has the potential to cause a danger to the Licensed Property, LICENSOR may immediately and without prior notice to LICENSEE terminate this Agreement and prevent LICENSEE from using or remaining upon the Licensed Property, with or without process of law. 9. Removal of Improvements at Termination. Upon termination of this Agreement for any reason, LICENSEE, at its sole expense, shall vacate and surrender the Licensed Property and remove all LICENSEE property in or upon the Licensed Property and surrender the Licensed Property to the LICENSOR in a condition reasonably satisfactory to LICENSOR. Should LICENSEE fail or refuse to comply with the terms of this section, LICENSOR, at its option, may perform such work, and LICENSEE shall reimburse LICENSOR for all costs and damages that the LICENSOR incurs. 10. Service of Notice. Except as otherwise provided in this Agreement, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to LICENSEE at the address listed below the LICENSEE's signature, or to AGENCY at 848 M Street, Third Floor, Fresno, California 93721, Attention: Executive Director, with a copy to CITY at 2600 Fresno Street, Fresno, CA 93721, Attention: City Attorney. Mailed notices shall be deemed given upon actual receipt at the address required, or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes. 11. Laws, Venues, and Attorneys' Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Fresno, State of California. In the event of any claim, legal action or proceeding between the parties arising under or concerning this License, the prevailing party shall be entitled to reasonable attorneys' fees and expenses as part of the judgment resulting therefrom. 12. Acceptance of Licensed Property. LICENSEE acknowledges that it presently occupies the Licensed Property and is familiar with the present physical condition of the Licensed Property. LICENSEE accepts the Licensed Property in its present physical "AS-IS" condition. By signing this License, LICENSEE represents and warrants that LICENSEE has independently inspected the Licensed Property and the area immediately surrounding and made all investigations, tests, and observations necessary to satisfy LICENSEE as to the condition of the Licensed Property, zoning and land use laws, regulations, and ordinances affecting the Licensed Property, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the 3 Licensed Property. LICENSEE agrees that LICENSEE is relying solely on LICENSEE's independent inspection and that LICENSOR has made no warranty or representation with regard to the Licensed Property. LICENSOR shall not be responsible for any latent defect or change in condition in the Licensed Property and LICENSEE's obligations under this License shall not be diminished on account of any defect in the Licensed Property, any change of condition, or any damages occurring on the Licensed Property. In case of the eviction of LICENSEE by anyone owning or claiming title to or any interest in the Licensed Property, LICENSOR shall not be liable to LICENSEE for any damage of any nature whatsoever or to refund any moneys paid hereunder. 13. Waiver and Release. LICENSEE hereby releases LICENSOR from all future claims, actions, or demands that LICENSEE may have or may hereinafter have, known and unknown, in any way relating to the quality, fitness, or condition of the Licensed Property, and LICENSEE specifically waives all rights under California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 14. Attorneys' Fees. If legal action is required to enforce any of the rights and obligations described herein, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorney's fees and costs. 15. Counterparts. This License Agreement may be executed in counterparts, each of which shall be deemed an original. [SIGNATURE PAGE TO FOLLOW] 4 · IN WITNESS WHEREOF, the parties have signed below, effective as of the Effective Date, by their duly authorized representatives. CITY OF FRESNO, HOUSING SUCCESSOR AGENCY TO A California muni ipal corporation THE REDEVELOP ENT AGENCY OF THE CITY OF FaEs 0By: ::3 0-~:,l- ~ hite, City Ma ~y: ·,w I Marlene Murphey, Exec tiv Dire DOWNTOWN FRESNO PARTNERSHIP ,4 {1 I By: ,' -I L--. 1:> ·dLf-':>·). Jim y Cerracchio, President/CEO ATTEST: Todd Stenner, City ~le~ ay: ~CV~ 3 k/v~ Deputy Attachments: 1. Exhibit A -Indemnification and Insurance Provisions 2. Exhibit B -Insurance Requirements 5 Exhibit A INDEMNIFICATION AND INSURANCE PROVISIONS License Agreement between the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and Downtown Fresno Partnership 1. Indemnification. To the furthest extent allowed by law, Licensee shall indemnify, hold harmless and defend LICENSOR and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by LICENSOR, Licensee or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Licensee's obligations under the preceding sentence shall apply regardless of whether LICENSOR or any of their officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of LICENSOR or any of their officers, officials, employees, agents or volunteers. If Licensee should subcontract and/or contract all or any portion of the use of the property under this Agreement, Licensee shall require each subcontractor to indemnify, hold harmless and defend LICENSOR and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 2. Insurance. (a) Throughout the life of this Agreement, LICENSEE shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized, and any additional insurance as may be required, in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion . (b) If at any time during the life of the Agreement or any extension, LICENSEE fail to maintain any required insurance in full force and effect, all services and work under this License Agreement shall be discontinued immediately, until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for LICENSOR to terminate this License Agreement. No action taken by LICENSOR pursuant to this section shall in any way relieve LICENSEE of its responsibilities under this License Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation , notification received by CITY that an insurer has commenced proceedings, or Exhibit B INSURANCE REQUIREMENTS License Agreement between the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and Downtown Fresno Partnership Throughout the life of this Agreement, Licensee shall pay for and maintain in full force and effect all policies of insurance required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide , or (ii) authorized by City's Risk Manager or his/her designee at any time in his/her sole discretion. The following policies of insurance are required and shall maintain limits of liability of not less than those amounts stated below, however, the insurance limits available to the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 providing liability coverage arising out of your business operations. Example of acceptable endorsements would be CG 20 12 04 13 or CG 20 26 04 13 along with CG 20 01 04 13. The Commercial General policy shall be written on an occurrence form and shall provide coverage for "bodily injury", "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment) products and completed operations and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Contract. ANY AMUSEMENT RIDES OR DEVICES MUST BE INSURED AND SPECIFICALLY ENDORSEMENT INTO THE GENERAL LIABILITY INSURANCE AND IF AMUSEMUSEMENT RIDE/DEVICE OWNER IS NOT THE EVENT HOLDER, THE RIDE/DEVICE OWNER WILL NEED TO ENTER INTO A SIDE AGREEMENT TO PROVIDE INDEMNITY AND INSURANCE PROTECTION TO THE HOUSING SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by LICENSEE shall not be deemed to release or diminish the liability of LICENSEE, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify LICENSOR shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by LICENSEE. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of LICENSEE, its principals, officers, agents, employees, persons under the supervision of LICENSEE, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of CITY, LICENSEE shalJ.-immedia~ely furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. FRESNO AND THE CITY OF FRESNO. ALL AMUSTMENET RIDES AND/OR DEVICES MUST BE PREAPPROVED 30 DAYS IN ADVANCE BY RISK MANAGEMENT PRIOR TO USE. LIQUOR LIABILITY INSURANCE: If alcoholic beverages are to be sold*, served or furnished, Liquor Liability coverage is required with limits of liability of not less than: (i) $1,000,000 per occurrence; (ii) $2,000,000 aggregate for bodily injury and property damage; The responsibility for Liquor Liability Insurance may be assigned to Licensee's concessionaire/vendor. *If Licensee intends to sell alcohol either the Licensee or concessionaire/vendor providing the alcohol for sale must have a valid liquor sales license and Liquor Liability Insurance covering sale of alcohol. If the liquor sales license is obtained by a concessionaire/vendor, that entity must enter into a direct indemnification agreement with the Housing Successor Agency to the Redevelopment Agency of the City of Fresno and the City of Fresno in order to secure insurance protection and provide the required insurance documents as identified herein. COMMERCIAL AUTOMOBILE LIABILITY* insurance which shall be at least as broad as the most current version of ISO Business Auto Coverage form CA 00 01 providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Commercial Automobile policy shall be written on an occurrence form and shall provide coverage for "all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 -Any Auto) with limits of liability of not less than the following: (i) $1,000,000 per accident for bodily injury and property damage WORKERS' COMPENSATION insurance as required by the State of California and EMPLOYERS' LIABILITY (Where Applicable) insurance with limits of $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit. (Only required if Licensee has employees.) UMBRELLA OR EXCESS LIABILITY In the event Licensee purchases an Umbrella or Excess Liability insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers. DEDUCTIBLES/SELF-INSURED RETENTIONS -Licensee shall be responsible for payment of any deductibles contained in any insurance policies required herein and Licensee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager or his/her designee. At the option of the City's Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retention as respects to the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and; or (ii) Licensee shall provide a financial guarantee, satisfactory to City's Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall Agency or City be responsible for the payment of any deductibles or self-insured retentions. ENDORSEMENTS: All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Licensee shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance fourteen (14) days prior to the Use of Agency and City Grounds and Facilities. (i) All policies of insurance required herein shall be endorsed to provide that the coverage hall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to the City. Licensee is also responsible for providing written notice to the Agency and City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal or reduction in coverage or in limits, Licensee shall furnish the Agency and City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the special event, Licensee shall provide a new Certificate and applicable endorsements evidencing renewal of such policy(ies) not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General, Commercial Automobile and Liquor Liability (if applicable) insurance policies shall name the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers. (iii) All policies of insurance shall be endorsed to be primary with respect to the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers shall be excess of the Licensee's insurance and not contribute with it. (iv) Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, the City of Fresno and each of their officers, officials, employees, agents and volunteers. PROVIDING OF DOCUMENTS: Upon request of Agency or City, Licensee shall immediately furnish Agency or City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive the expiration or termination of the Permit. MAINTENANCE OF COVERAGE: If at any time during the Use of Agency or City Grounds and Facilities, Licensee fails to maintain the required insurance in full force and effect, the Use of Agency or City Grounds and Facilities shall be discontinued immediately until notice is received by Agency or City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the Agency and City. SUBCONTRACTORS -If LICENSEE subcontracts and/or contracts any or all of the of the use of the property under this Agreement, LICENSEE shall require it's subcontractors maintain insurance coverage required under this Exhibit B. -- DOWNFRE-01 SRECEK ACORD· DATE (M MI DDIYYYY) ~ CERTIFICATE OF LIABILITY INSURANCE I 1/7/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain p ol icies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ). PRODUCER License# 075TT76 ~~~l~cT Shelly Recek PHONE : FAXHUB International Insurance Services Inc. (A/C, No, E.Jcl]: · (A/C , No):548 W Cromwell Avenue ~in,fA1L h II k@h b" t r 1Suite 101 AooREss ,s 4:_y.rece U_!!I er:_na Iona_;c ~m .Fresno, CA 93711 ____Jl'!_~RER(S) AF~ORDl!'!g CO_VERAG~---·-.. NAIC# _I_l!'J~llRER A: N~.!~E~Qfits' lnsur~~~~_t\lliance_e>_f _G_a_lifornia,_!!:t_<; 1Q_1184-' INSURED j~~l,l-~~RB: -------· ·---·-I 1 _Downtown Fresno Partnership INSURER C: .- 845 Fulton Mall ; IN Sli.RER D: ·-·· --------i .Fresno, CA 93721 !Jfi~~ERE: ---· ---.. -------... INSURER F: COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· TH IS IS TO CERTIFY THA T TH E POLICIES OF INSURANCE LI STED BE LOW HAVE BEEN ISSUED TO TH E INS URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH STANDING ANY REQU IREMENT , TERM OR CO NDITION OF ANY CO NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIF IC ATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFO RDED BY THE POLICIES DESCRI BED HER EIN IS SUBJECT TO ALL THE TER MS , EXCLU SION S AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEE N REDUCED BY PAID CLAIMS . ADDL POLIC Y EFF ,.,~n ,ti./.~~ ,f.P.~r,~ T LIMITS A COMMERCIAL GENERAL LIABILITY I ~~ TYPE OF INSURANCE POLICY NUMBER .. 1 ,000 ,000: EACH OCCUR RENCE s t DAMAGE TO RENTED 500,000·_: CL AIMS-MADE : X:_I OCCUR 27256NPO 1/3/2022 1/3/2023 : P{'!EMISES (Ea_o_ccurrl!J1C e) s 20,000 X .¥§.P EXP (!l~Y-~".~ p_~~_on) s1 1,000,000PERSONAL & AQV _11,JJ UR Y 'S 2,000,000GEN'L AGGREGA TE LIMIT APPLIES PER: _(l_~~ERAL AGGREGATE I s APPROVED I 2,000,000POLICY I 11r& ,-X j LOG PRODUCTS -C~P/OP AGG ' S' By Lizbeth Solorzano at 8:23 am, Jan 26, 2022 OTH ER : s @OMBIN ED SINGLE LIM IT AUTOMOBILE LIABILITY Ea .acddenl) ' s IANY AUTO BODILY INJURY (Per person) s OWNED ' j ~S'fr§~ULEDAUTOS ONLY I BQ!?I L Y INJURY (Per ar.d<lent) s PROPERTY r MAGE ' (P,.!!r ac:clde n.I s~LRTzlls ONLY I~a~~~NT.~ 1 ' I I s' I UMBRELLA LIAB EACH OCCURRENCE $OCCUR -l' , EXCESS LIAB I=-CLAIMS-MA DE AGG REGATE $ r---. I -. - OED RETENTION S s WORKERS COMPENSATION PE R OT H- AND EMPLOYERS' LIABILITY I STA UTE ERI-Y / N ANY PROP RIETOR/PA RT NER/EXECU TIV E E.L EAC HACCIDENT sNIAfi.f FIC ER/M l MB~R EXCL UDED? !anda Iory n N ) : E.l.,,_O!SEASE ·_EA EMe_LOYEE S If.yes . dewibe under DESCRIPTION OF OPERAT IONS bel ow E.L O(SEA SE · PO UCY LIM IT s ) I , I I I DES CRI PTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Addilional Remarks Schedule, may be attach ed if more space is requ ired) Re: 845 Fulton Street, Fresno, CA 93721 Date: Policy Term En dorsements Attached: CG 2011 0413 & NIAC E611117 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AKT Partnership & Civic Center Square, Inc THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 906 N Street Suite 200 Fresno, CA 93721 AUTHORIZED REPRESENTATIVE ~ /,f(i{~f{, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 27256NPO COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 845 Fulton Street, Fresno, CA 93721 Name Of Person(s) Or Organizations(s) (Additional Insured): AKT Partnership & Civic Center Square, Inc . Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this policy. Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to : 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 27256NPO FORM : NIAC-E 61 11 17 NAMED INSURED : Downtown Fresno PartnershipNONrROflTS INSURANCE AI.I.IANCI Of CAI 110/lNI,\ THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, in consideration of food contributions or client referrals you receive from them. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. SECTION II -WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy , but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury " caused , in whole or in part, by : 1. Your negligent acts or omissions ; or 2 . The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations . No such public entity is an additional insured for liability arising out of the "products-completed operations hazard " or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply . This insurance does not apply to "bodily injury" or "property damage " occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2 . That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION Ill -LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the lim its available under this policy , whichever are less . These limits are part of and not in addition to the limits of insurance under this policy . NIAC E61 11 17 Page 1 of 2 D. A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'" (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) (a) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC E611117 Page 2 of 2 DOWNFRE-01 SRECEK I DATE (MM IDDNYYY)ACORD" CERTIFICATE OF LIABILITY INSURANCE ~ 1/7/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION I S WAIVED, subject to the terms and conditions of the policy, certain poli cies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 ICONT AC T Shelly Recek N~M.E: ··- HUB International Insurance Services Inc. PHO NE f FAX ~ AIC, No. Ext): '(AIC, No):548 W Cromwell Avenue Suite 101 ~tifJ~ss ,shelly.r~1:ek@hubinte'!1ational.com Fresno, CA 93711 I ... ___ INSUR E~(S) AFFORDI NG COVERA §.E . NAIC#I -·--f· -· ] INSU RER A: Nc:_>~profits' Insurance A lliance of_Ca lifornia,_lnc '.QJ 184 - INSURED r~•'"",H,rtto,.1_Accident a_nd Indemnity Company_ 22357 Downtown Association of Fresno dba Downtown Fresno INSU RER C: _ Partnership 845 Fulton Mall lt,ISl,J_RER D· --· ---·---,-· Fresno, CA 93721 I _INSlJRER E: -··- I INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· TH IS IS TO CERTIF Y THA T THE POLI CIES OF INSU RANCE LI STED BELO W HAVE BEEN ISSUED TO THE INS UR ED NAMED ABOVE FOR THE POLI CY PERIOD INDI CATED . NOTWI THSTANDING AN Y REQUIREMENT , TERM OR CO NDITION OF ANY CONTRACT OR OTHER DOC UM ENT WITH RES PE CT TO WHICH T HIS C ERTI FICATE MAY BE ISSUED OR MAY PE RTAIN, THE INSURANCE A FFORDED BY THE PO LIC IES DESCRI BE D HEREIN IS SUBJECT TO ALL THE TERMS, EX CLUSIO NS AND CON DITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA VE BEEN REDUCED BY PAID CLAIMS . TYPE OF INSURANCE LIMITS 1 ,000,000COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ DAMAGE TO R-ENTEO 500 ,000, CLAIMS-MADE : X ·: OCCUR I X 27256NPO 1 1/3/2022 1/3/2023 PREM ISES (Ea_occun:8.(IC9) s 20,000 _11111:_D_E_XP (Any_on_e ee,~qn) 5 1,000,000 I PERSONAL & ADV INJURY $ 2,000,000I I GEN'L AGGREGATE LIMIT APPLIES PER: 9ENF.AALAGGREGATE $ : C -1 p --· l I 2,000,000POLICY l~-' J~T X : LOC :..r 13.9Du9Ts -_GQMP/Q~_,,.GG sI OTHER : l I I s. AUTOMOBILE LIABILITY $ I ANY AUTO i ·B,ODILY INJ_URY (P~r p~rson) $ OWNED lSCHEDULED AUTOS ONLY AUTOS i _BODILY INJURY (Per accident) : S ~!MPs ONLY ,~eroi~.Jr.9 ~ (P~~~c%~i!r~A~~ . , $ A 1 ,000,000UMBRELLA LIAB j ~ OCCUR f ~.A.QH QCCURBE!'19s . . sl EXCESS LIAB I I CLAIMS-M ADE ( 256UMB I 1/3/2022 I 1/3/2023 I AGGREGATE s OED X I RETENTION s 10,000 s 1,000,000 OTH s ;~~i~~~r8~::s~~~wwi I ER Y/N I j51 WEC AB4ERJ • 4/13/2021 4/13/2022 1,000,000ANY PROPRIETOR/PARTNER/EXECUTIVE I:_ _L EACH ACCI DE_NT .$ Q_fFICERIMEMBER EXCLUDED? N / A (Ma ntla l ory In NH) 1,000,000 .~J.. DISEASE -_EA _EMf'LOYEE, _S. 11 yes. desctll)e under 1 ,000 ,0001DESCRIPTION OF OPERATIONS below : E.L DJSEASE -POLICY UMIT S A Liquor Liability i 1/312022 I 113/2023 1$1 M/$1 Mj27256NPO I I DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attach ed if more space is required) Re : Events Date : Policy term Endorsement Attached : CG 2026 04/13, NIAC E61 10/17, NIAC E61 LL 10/17 and Waiver of Subrogation WC 04 03 06 The City of Fresno, its officers, officials, employees, agents , and volunteers are additional i nsured as respects to general and liquor liability insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fresno THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. Will BE DELIVERED IN 2600 Fresno St Fresno, CA 93712 AUTHORIZED REPRESENTATIVE ~1!(4eLltZ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 27256NPO COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations(s): City of Fresno, its officers, officials, employees, agents and volunteers Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 NONPROFITS IN SURANCE ALLIANCE OF CA LI H)Rl-.!I A A Head for lnstJTonce. A Heart for Nonprofits. POLICY NUMBER: 27256 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL !NS0RED PRIMA RY A ND NON-CONTRI BUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include any public entity as an additional insured wh e n you have agreed in a written contract or wri tten agree men t that such public entity be added as an addi tional insured(s) on your policy , but only with resp ect to liabi lity for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part , by : 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf ; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products-completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurr ing after: 1 . All work , including materials, parts or equipm ent furnished in connection with such work, on the project (other than service, mai nten ance or repa irs) to be pe rformed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or dama ge arises has bee n put to its inten ded use by any person or organization other than another co nt ractor or subcon tra ctor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION Ill -LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less . These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreemen t: (1) That this insurance be primary . If other insurance is also primary, we will share with all that other insurance as described in c. below ; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance . NIAC E61 10 17 Page 1 of 2 Paragraphs (1) and (2) do not apply to other insurance· to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below . b. Excesslnsurance Thi s insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis : (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for " our work"· (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occup ied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos " or watercraft to the ext ent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance . (1) When thi s insurance is excess, we will have no duty under Coverages A or 8 to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insu rance is excess over other insurance, we w ill pay only our share of the amount of the loss, if any , that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this in surance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits . Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers . NIAC E611017 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON.CONTRIBUTORY ENDORSEMENT FOR PUIBUC ENTITIES This endorsement modifies insurance provided under the following : LIQUOR LIABILITY COVERAGE FORM A. SECTION 11 -WHO IS AN INSURED is amended to include any public entity as an additional insured when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions ; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products-completed operations hazard" or for liability arising out of the sole negligence of that public entity. 8. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION Ill -LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: NIAC-E61 LL 10 17 (1) That this insurance be primary . If other insurance is also primary, we will share with all that other insurance as described in c. below; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below . b. Excess Insurance This insurance is excess over: 1. Any of the other insurance , whether primary, excess, contingent or on any other basis : (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permi ssion of the owner; (c) That is insurance purcha sed by you to cover your liability as a tenant for "property damage " to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss , if any , that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss , if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also . Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits . Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers . NIAC-E61 LL 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 51 WEC AB4ERJ Endorsement Number: Effective Date: 04/13/21 Effective hour is the same as stated on the Information Page of the policy . Named Insured and Address: Downtown Association of Fresno 845 FULTON MALL FRESNO CA 93721 We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration . SCHEDULE Person or Organization City of Fresno, its officers, officials, agents, employ volunteers, 2600 Fresno St., Fresno , CA 93721 ees and Job Description 1 Countersigned by _ _ __________ _ ______ _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S .A . Process Date: 03/04/21 Policy Expiration Date: 04/13/22 DOWNFRE-01 SRECEK A CORD DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE ~ I 1/7/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s ). PRODUCER License# 0757776 1 c oN TAC T Shelly RecekNAP,,E : HUB International Insurance Services Inc. I PHO NE 1 FAX (A/C, No, fx!J : I (AIC, No):548 W Cromwell Avenue Suite 101 ~~cfJ~ss:_s helly.recek@hubinternational .com Fresno, CA 93711 i INS_URER.(S) ,tl FFO ~OING COVERAGE NAIC # INSURER A: NQnp_rofits' Insurance All i ance of California, I nc [01 1 84 - INSURED !INSURER B: Hartford Accident and lndemn_ity Company j22357 Downtown Fresno Partnership INSURER C :_ ' 845 Fulton Mall : INSURER D: - -~ Fresno, CA 93721 -iINSURER E: -IINSURER F: I COVERAGES CERTIFICATE NUMBER -REVISION NUMBER · THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR (TR TYPE OF INSURANCE 118.P.z:~.l/.~l POLICY NUMBER POLI CY EF F ' PO LI CY El(f'I IMIJI/OD/YYYYI •!MMJDDMYYY I LIMITS A COMMERCIAL GENERAL LIABILITY - ; CLAIMS-MADE : i; OCCUR - - GEN'L AGGREGATE LIMIT APPLIES PER: . I POLICY i ff& : X: LOC On-tER: I X l I . I 27256NPO J I I 1/3/2022 I ' ' I 1/3/2023 EAC H OCCURRE NCE I s IDAMAGE TO RENTED RE MI SES (Ea occ:~rence) I s _MED EXP (Any one p_erson) !s 'IPERSO NAL & AOV INJURY I s GENERAL AGGREGATE I s i PRODUCTS -COMP/OP AGG s s 1 ,000,000 500,0 00 20,000 1,000,000 2,000,000 2,000,000 AUTOMOBILE LIABILITY I I 1 COMBI NED SINGLE LIMIT (Es accide/1 1) s : ANY AUTO ,_BODILY INJl,JRY (Per person) S : OWNED i AUTOS ONLY SCHEDULED AUTOS ' i BODILY INJU_RY__(P_er_accidenl) IS 'HIRED I AUTOS ONLY NON-OWNED 1 AUTOS ONLY I I •. PROP~/?AMAGE I (Pera onl . . . s i I S A : UMBRELLA LIAB X OCCUR I 1=.AC:H OCCU RRJ:l'J_CI=_ - ' :_ ~ . -1,000,000 : EXCESS LIAB I CLAIMS-MADE •27256UMB I 1 /3/2022 1/3/2023 ~ GG REG ATE -I s -- DED : X RETENTION$ 10,000i I s 1 ,000,000 B WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ~l?c:m~i ~gPERA1'10NS below YIN NIA I X :s1 WEC AB4ERJ I 4/13/2021 i 4/13/2022 PER OT H~ STATUTE 1 ER ! E.L EACH ACCIDENT $ ' E.L. DISEASE -EA EMPLOYEE! $ rE.L . DI SEASE -POLICY LIMIT s 1,000,00·0 1,000,000 1,000,000 A Liquor Liability ' • I ,27256NPO '1 ' 1/3/2022 I I 1/3/2023 $1M/$1M1 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached if more space is required) Endorsement Attached: CG 2026 0413, NIAC E6111/17, NIAC E61 LL 10/17 and W a i ve r of Subrogation The City of Fresno, the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, its officers, officials, employees, agents, and volunteers are additional insured as respects to general and liquor liability insurance. This insurance is primary and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess contingent or on any other basis. CERTIFICATE HOLDER CANCELLATION The City of Fresno, the Housing Successor Agency to the Redevelopment Agency of the City of Fresno 2600 Fresno St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fresno, CA 93721 AUTHORIZED REPRESENTATIVE ~fr,CJz,,tJlk..u=- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 27256NPO COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . ADDITIONAL INSURED -DES IGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations(s): City of Fresno, its officers, officials, employees, agents and volunteers Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect , or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury " caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law ; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 27256NPO FORM: NIAC-E611117 NAMED INSURED: Downtown Fresno PartnershipN >NPR )F l ·s IN 1' UltAN E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization : Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, in consideration of food contributions or client referrals you receive from them. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. SECTION II -WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations, who may be named in the schedule above, when you have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products-completed operations hazard" or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION Ill -LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. NIAC E61 11 17 Page 1 of 2 D. A. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below ; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder 's Risk, Installation Risk or similar coverage for "your work"' (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) (a) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also . Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC E6111 17 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: LIQUOR LIABILITY COVERAGE FORM A. SECTION II -WHO IS AN INSURED is amended to include any public entity as an additional insured when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an add itional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by : 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the "products-completed operations hazard" or for liability arising out of the sole negligence of that public entity . B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION Ill -LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following : 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement NIAC-E61 LL 10 17 (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below ; or (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance . Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below . b. Excesslnsurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risi < or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner ; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations , or products completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance . (1) When this insurance is excess, we will have no duty under Coverages A or 8 to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any , with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declaration s of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured (s) permits contribution by equal shares, we will follow this method also . Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. NIAC-E61 LL 10 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 51 WEC AB4ERJ Endorsement Number: Effective Date: 04/13/20 Effective hour is the same as stated on the Information Page of the policy . Named Insured and Address: Downtown Association of Fresno 845 FULTON MALL FRESNO CA 93721 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description The City of Fresno, the Housing Successor Agency to the Redevelopment Agency of the City of Fresno, and their officers, officials, agents, employees and volunteers, 2600 Fresno St., Fresno, CA 93721 1 Countersigned by _____________________ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/04/20 Policy Expiration Date: 04/13/2'1