Loading...
HomeMy WebLinkAboutA6459 - DAVID E. BELL - REIMBURSEMENT OF PUBLIC ART FEE AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE :PROPERTY AND GRANT OF EASEMENT ("Agreement") is entered into as of 2.6•ai , -2019 by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and DAVID E. BELL ("Owner"). RECITALS: A. The City has established a Public Art Fee Program which authorizes the placement of works of art on appropriate private property which encourages public access and viewing of the artwork. B. Under the Public Art Fee Program, artwork may be provided or an "in lieu" fee may be paid. C. Owner desires to commission a work of art and have such work of art placed on its property in accordance with this Agreement and the City of Palm Springs Public Art Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance"). NOW THEREFORE, to comply with the requirements of the Public Art Ordinance, and for good and valuable consideration, the parties hereto hereby agree as follows: 1. City Representative. The City of Palm Springs Public Arts Commission, an agency of the City ("Commission"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the Commission shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Agreement to Commission Work of Art. Owner has commissioned a work of art described as "Deserthenge", and shown on Exhibit "A" (Artwork). Owner is solely responsible with respect to the contract entered into for the commissioning of the Artwork ("Contract") including responsibility for all payments to be made thereunder. 3. Duties of Owner. The Owner owns certain property ("Property") generally known as 370 WEST SAN RAFAEL DRIVE, TRAMWAY INDUSTRIAL CENTER as shown on Exhibit "B" ("Site") attached hereto and incorporated herein. The Owner has agreed to permanently locate the Artwork on a portion of the Owner's property which portion is generally depicted and described as the Site on Exhibit "B". Owner shall provide for the installation of the Artwork on the Site at its sole cost and expense, including, without limitation, constructing any improvements necessary for displaying the Artwork. 4. Default. (a) Cure Rights. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by Owner, City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. Additionally, in the event that Owner has not cured any curable default hereunder within thirty (30) days after written notice from City of such default, City shall have the right to cure such default and charge Owner with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Owner. (b) Location and Removal of Artwork. The Artwork shall not be removed from the Site without the prior written approval of the Commission, which approval may be withheld in the Commission's sole and absolute discretion. In addition to any other remedies provided herein, in the event that the Artwork is destroyed, removed from the Site or improperly maintained by Owner, the Commission may either require the Owner to (i) pay the art in lieu fee as set forth in Section 7 below to City or (ii) replace the Artwork with substitute Artwork of a comparable quality and value as determined in the sole discretion of the Commission. 5. Identification. The Artwork shall be identified by a plaque stating the artist's name, the title, the date the Artwork was completed and stating that the Artwork was funded through the City of Palm Springs Public Arts Program. The plaque will be placed in an appropriate location near the Artwork that facilitates viewing by the public. 6. Ownership. Upon the acceptance of the Artwork and payment therefor, the Artwork and all rights thereto shall be conveyed by Artist to Owner. The Artwork shall remain the property of the Owner, provided, however, that the Owner shall transfer ownership of the Artwork to any successor in interest of the Site. 7. Refund of Purchase Price. The City shall reimburse the Owner, an amount equal to the lesser of; (i) the actual amount paid by Owner to the Artist under the Contract; or (ii) the amount previously paid by Owner to the Public Art Fund. The amount to be refunded shall not exceed the amount paid into the Public Arts Fund by the Owner. The Owner's request for reimbursement shall be submitted only after the Artwork is installed and approved by the Public Arts Commission. The request for reimbursement shall be in writing and include (i) a copy of the permits set forth in Exhibit "C" attached hereto ("Permits") clearly showing the art fee and (ii) a copy(s) of the invoice Exhibit "D" attached hereto ("Invoice") paid to the Artist and related subcontractors if any. 8. Grant of Public Access Easement. David E. Bell Owner) hereby grants and conveys to the City of Palm Springs a perpetual nonexclusive easement in gross over and across the Site for purposes of displaying the Artwork 2 1003/029129303,02 and allowing the public access to the Site to view and enjoy the Artwork at reasonable times and in a reasonable manner ("Easement'). 9. Maintenance. Owner shall provide all maintenance necessary as recommended by the artist with respect to the Artwork to preserve such Artwork in first class condition. Owner agrees to maintain the access paths, landscaping and other improvements to the Site in first class condition. Owner shall repair and/or replace any damage to the Artwork within fourteen (14) calendar days of such damage being discovered. In the event any graffiti is discovered on the Artwork, owner shall remove such graffiti on the day it is discovered. So long as the Artwork remains on the Site, Owner shall keep, maintain, repair and replace the Artwork in a good, clean and first class condition and of the highest quality. Materials used to restore, repair or replace any portion of the Artwork shall be of equal or better quality than the original materials used in the Artwork. When necessary, Owner shall consult the artist or another competent Artwork work conservationist or restoration specialist to determine the best methods of such restoration or repair. All such maintenance, repair, replacement and restoration shall be at the sole cost of Owner. In addition to all other remedies provided by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City for the reasonable costs thereof after reasonable notice, the City may assess its costs against the Property and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to Section 11.72.265 of the Palm Springs Municipal Code. 10. Compliance with the Law. Owner hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site or to the use or manner of use of the Site. Without in any way limiting the foregoing, Owner agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, et seq.). 11. Insurance. Owner shall procure and maintain, at its sole cost and expense, in a form and content consistent with industry standards, with an insurer qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide with a financial class category of Class VII or better, unless such requirements are waived by the Risk Manager of the City, during the entire term of this Agreement and at all times while the Artwork is located on the. Site, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Owner's indemnity obligation under Section 12 below. The 3 1003/029/28303,02 policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Owner and the City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by or any person retained by Owner in the course of carrying out the obligations of this Agreement. (c) Fine Arts Insurance. Owner shall procure and maintain fine arts insurance on the Artwork and all risk form with limits not less than $1,000,000 and a deductible not to exceed ONE THOUSAND DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of Owner All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to the City. Cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Owner shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 11. Owner shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Owner agrees that the existence of any insurance shall not limit or otherwise affect Owner's obligations under this Agreement. In the event the Risk Manager of City determines that the work or services to be performed under this Agreement creates an increased or decreased risk or loss to the City, the Owner agrees that the minimum limits of the insurance policies required by this Section 11 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 12. Indemnification. Owner hereby agrees to Indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of Owner, Its agents, employees or contractors, or from the existence of the Artwork on the Site, or 4 10031029/28303.02 related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents, representatives or employees who are directly responsible to the City. 13. Rights to Artwork. All copyrights to the Artwork shall be transferred to the Owner together with the Artwork. Artist and Owner shall share copyright to the Artwork with the City in accordance with the terms and conditions set forth in Exhibit "D" attached hereto ("Copyright Agreement"). 14. Mortgage Protection. No violation of this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust given in good faith and for value. All of the covenants and conditions contained herein shall be binding and effective against any party whose interest is derived through foreclosure, trustee sale, deed in lieu of foreclosure or otherwise provided, however, that any mortgagee or beneficiary who takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any purchaser at a foreclosure or trustee sale shall take title free of any claims against Owner arising under this Agreement which became due and payable prior to the date such mortgagee, beneficiary or purchaser takes title hereto. 15. Successors and Assigns. The obligations of Owner under this Agreement shall be binding on Owner's successors and assigns and shall burden the Site and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to the Site. 16. Attorneys' Fees. In the event that any action or proceeding is instituted for the interpretation or enforcement of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party, all costs and expenses related to such action or proceeding, Including, without limitation all attorneys' fees and expert witness fees, both at trial and on appeal. 17. Integration. This Agreement and other documents expressly incorporated herein by reference contain the entire and exclusive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 18. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 5 1003/02928303.02 19. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. 6 1003/029/28303.02 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" a : f ` 1 3 I By: Its: c yr P�� "CITY„ CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By: / James Thompson, City Clerk David Ready, h.D., -t p2/101 Zo 14 City Manager APPROVED BY CITY COUNCIL APPROV AS TO FORM: 1 i 7 1003/029/28303.02 ACKNOWLEDGMENT State of Califo5gia County of K)On before before me, �vl (ND�wl Pvh U� (here insert name and title of the officer)- personally appeared bavid who proved to me on the basis of satisfactory evidence to be the person(, whose name l&e subscribed to the within instrument and acknowledged to me that /t y executed the same in i0 ,Arr/t*r authorized capacity(i,&E), and that by hi r/t it signature($4 on the instrument the personA, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CYNTHIA A. BERARDI Commission# 1879529 a =sue Notary Public-California v z Z Riverside County Signature M Comm.Expires Feb 18,2014 (Seal) 1003/029/28303.02 mBc (Artwork) . . . . . . y.. : . . . . . .� a m«_m EXHIBIT "B" (Site) 370 West San Rafael Dive, Tramway Industrial Center 9 1003/02928303.02 EXHIBIT "C" (Permits) 10 1003/029/28303.02 * City of Palm Springs 4 V BUILDING PERMIT Gt4rpx♦f Pnmtre*w Angela LaFrance OhTE PUX aIEQ akAN afar CASE 6 E M P R W PERMrra X X aw,srm 1/31/2006 nuMeEa 2709 PEr 4000 rarwaEa 3.2740 X X X X Smk kk.xarner David Bell 1180 Oasis, Palm Springs, Ca 250-4920 ' - $kR uc Nmn0.v W.L. Shellenberger 73321 Pine Valley, 1000 Palms, Ca 333-1180 27149 '"dKp ratal v"*FW0A 6 960, 000. 00 Stan Pallakusky 1382 S. Camino Real, P$ se AWNMx # Erg .. sm,ane 5ee Receipt R.F. Structural '; 75153 Merle, Palm Desert, Ca wmretxb 45 uxa a«xa awanvpa" + + SOUTHLAND 0370 SAN RAFAEL DRIVE W_ SBsaaas 7, 082.93 bI54e fan HerYxr M.rp. Tad IIkU nN o,* 64350 M1 BIFIISS 3 .2740 12469 oo,-auoa 725.89 setbacks As Froat Mot FWCd ftwho S"W TU. Constructed 669-452-025 oot-mlz, 201. 60 Fob 10368 2101 oosauoe 50.00 Un& SNIPTY90 PWO*Twe kxkNl rW Mrs atP. r $"CAPpMa1PRWiP! Commercial 2 CML VN' Y 0 ' 0 001-3w 94 .00 Class of -eeoiaons aematx aa'°wr camotsau. Work X soaawot 4, 987 .60 DeKft ad.rayRmwiexPe Construct industrial building. Sncludss tow yarn 6 tow offic ,rwaatako 0.00 8 seperate leasable in uatrial spaces �w�ith bathrooms. . - nelkiple-5 l" 1fJ y- t '/j, y dJ�CC( ►Y 7I/S r pn.pma 0.00 /a/ ooa•nmz 46,00 spedslr�xeaaa: skrwn Office: 210 8F , 0.00 Garage: 3301 Industrial spaces: 9688 Sm�.'b'°°e" TAr 0.00 9d CWneekn Y wammupxoamvstesr saqum"M eraa WIN1wccrim 4W-MM 9,135.00 IMPORTANT _. orNxge nee sasaaux 9,620.32 The issuance of tills Permit shall not be held to be an approval:of the violation of any pro#Ww of any nnr Fn MY or county orris ence or stets law. ra+aar3o 6, 996.22 Inspections of are sob)sd to an approved set of plmsbeing on the Job. Cftanges tD plans are M"`.na nee not to be made without permission of the Bulldog eel Safety INNslons. 0 .00 Wok"Poe The owner arWor contractor Is msponsibis for establisi"all property Bees.At utlttks must be rso-mm 4,800.00 underground. PWQ*V Fen This permit will expire If work is not started In 180 days or If am ban 160 days elapses between 001-sum 800.00 inspections. T«+ekxep.r nee I Certify that I am familiar with all requirements of the City of Palm Springs as brey apply to the permit 26142211 1, 248.00 and understand 00 tlaese requirements must be Canplate0 prior to Mal mspettbn and fat no dekero Pre rear,nee Xtific0dw of oxupam will be issued unsl such time as ttese requirements are met. T Ce W ftt ooiynta 585.60 rr read tits DoPkaGan and state that the Infamimbon fs true and correct. TYyt _Pee 46, 373.16 LnYMK/ WAGE DATE - Et19Y JA/6C The is a Itlirg when (Bled out,signed and va6 abk datod;and is not transiei . ' a�Me INSPBCtOR'S CRPK 6215 Exhibit "D" (Invoice) 11 1003/02928303.02 INVOICE "qL)aR-A) C4xieOc-L 3�acKsntrT�t �4Rrrsr 30 0" Gt/ S.qy 1?-AFRlFe- R No. NVOICE[ATE �'A�rtn 5i/e�alCas Cq f'2.�G.l. ORDER NO. SOLD TO: SHIP TO: --- _1SALESPER807 ISHIPPEDVA 1Ef7Pa65 P.OEI .EJ .arc+ D' i f 1 4 � 4 a _ 312 INVOICE SY2 Aez V r' { t F rn i• G, Segaed�Namber AmoaM Paslmg Date $Z400-� 5/23/200G Washington Mutual - Transaction History Detail Printer Friendly Page 1 of 1 ®Wamugem Mutual.Inc." Transaction Details - 0000001089 oawa IL ML OMMMOU.etc. s. r c y M TrdbeacUm Type; Check L11a t E 2 i } < ,.._3 - C) t!7 T1.1 r �_ -w " 0SIN T c`T€3'3"i�td T https://online.wamu.convTransactionDetaiUTransactionRistoryDetailPrinterFriendly.aspx 1/2/2007 EXHIBIT "E" COPYRIGHT AGREEMENT This COPYRIGHT AGREEMENT ("Agreement") is entered into as of , 2014 by and between the CITY OF PALM SPRINGS, a municipal corporation ("City"), Lavern Caroll ("Artist") and David E. Bell, ("Owner"). Owner has commissioned a work of art ("Artwork") created by the Artist and more particularly described in that certain Agreement for Placement of Art on Private Property and Grant of Easement dated , 2014 by and between the City and Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed Artwork to Owner and Owner has accepted the Artwork. Pursuant to the City Agreement, Artist has transferred all rights under applicable copyright laws to the Artwork to Owner. Artist and Owner hereby agree to share copyright to the Artwork and hereby transfer, convey and assign to the City the right to make reproductions, photographs and other two dimensional, less than full-scale, non-exact reproductions of the Artwork for both commercial and non-commercial purposes. The Artist warrants that the work is unique and a single-edition, and that the Artist will not execute or authorize another to execute another work of substantially the same design as the Artwork. The covenants and warranties of the Artist shall be binding on the Artist's heirs and assigns. Due to the nature of the Artwork and the Site on which it is to be placed and the public interest of the City, Artist and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in California Civil Code Section 987. The Artist, his/her agents, heirs, successors and assigns also agree to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989. EXHIBIT "E" Page 1 of 2 1003/029128303.02 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" / a j V By: ,f--�z Its. r) �k7E.— "ARTIST" Lavern Carol] (Name of Artist Here) "CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: City Clerk 62/10/Z(54 City Man APPRO TO FORM: 1T r By: APPROVED BY C�i f v.,n liOr+CIL EXHIBIT"E" Page 2 of 2 1003/029/28303.02 Certificate of Registration �4V STn rBS,f This Certificate issued tinder the seal of the Copyright ?� 4 Office in accordance with title j7,United States Code, attests that registration has been made for the work s' identified below.The information on this certificate has SY been made a part of the Copyright Office records. 4 Y Registration Number VAu 1-017-272 Effective date of Registe. ofCopti�igh is,United Rates ofAmerica registration: June 24,2009 Title Title of Work: Desert Hinge Completion/ Publication Year of Completion: 2006 Author • Author. Lavern Caroll Author Created: 3-Dimensional sculpture Work made for hire: No Citizen of. United States Anonymous: No Pseudonymous: No Copyright claimant Copyright Claimant: David Edwin Bell 232aN.Sunrise Way,Palm Springs,CA,92262 Transfer Statement: Written tbnttact. Limitation of copyright claim Previously registered: No Basis of current treg ftdon: This is the first application submitted by this author as claimant Certification Name: David Edwin Bell Date: June 13,2009 A Correspondence: Yes Page 1 of 1 Neuin E ftwart, appraiser,3n, PO Box 5630 Palm Springs, CA 92263 (760)327-7000, Fax(760) 320-1584 Website: www.kevinestewart.com Email:kstewart@dc.mcom June 19, 2007 Mr.Dave Bell 370 W.San Raphael,Unit 10 Palm Springs, CA 92262 Dear Mr. Bell: In compliance with your request,I have examined the item listed and hereby set forth Replacement Value for Insurance purposes. The evaluation was done in accordance with the principles and practices of the major appraisal organizations,by which I have been certified. The value given represents the estimated fair market value, based on sales information available for items of like kind, quality, subject matter and condition. In preparing this report`I have complied with the principles and code of ethics of the American Society of Appraisers by which I have been certified to be an appraiser. 1. Monumental steel sculpture by LaVerne Carroll—titled "Desert Henge" —comprised of four elements reminiscent of Stonehenge with three upright four sided pillars wrapped by a semi-circular top bolted to a double plinth concrete base—approximately 12'high x 58" x 48". $15,000.00 Page 1 of 2 Cettin E #tetugrt, appraiser. 3w. Total value of item for Replacement Value for Insurance purposes is $15,000.00(Fifteen Thousand Dollars). This price in my opinion is the current Replacement Value for Insurance purposes,for like or similar items. 1 will retain a copy of this report in my files, together with the original notes from which it was prepared. These records are considered confidential by this appraiser and we do not permit access to them by anyone without your authorization. These records are available to you or your authorized representative upon application. This report has not considered any question of title to the property, but has dealt with its valuation only. The appraiser does not assume any responsibility of liability with respect to any action that may be taken on the basis of this appraisal. This appraisal report is not based on an interest or any contemplated interest in the objects listed in the report and the fee for this report is not based on the individual or aggregate figure in the appraisal. The values in this appraisal are not exact,but based on averages of values for like or similar items sold, or for sale,at various national and international markets and venues. Sincerely, Kevin E. Stewart Cetritt . #tewart, Appraiaer,Jar. PO Box 5630 Palm Springs,CA 92263 (760)327-7000, Fax(760)320-1584 Website:w %.kevinestewart.wm Email:kstewart@dc.mcom Appraisers Qualifications • Appraisals since 1976 • Manager/Appraiser-'Me Connoisseur, San Diego 1976-1986 • Qualified for Senior Member in Certified Appraisals by the American Society of Appraisers, April 1982-Personal Property-Antiques. • Qualified for Senior Member in Certified Appraisals by the American Society of Appraisers, February 1984 - Personal Property - Residential Contents. • Qualified for Designated Member in Certified Appraisals by the International Society of Appraisers,October 1984. • Member of National Association of Dealers in Antiques- 1976-1986. • Board Member, American Society of Appraisers, San Diego Chapter- 1982- 1986. • Past President, American Society of Appraisers, San Diego Chapter- 1986, • Member International Board of Examiners,American Society of Appraisers, 1989-1991. Director, Stewart Galleries,San Diego and Palm Springs, California- 1986- 2001. • Director, Kevin E. Stewart,Appraiser, Inc., Palm Springs, California- 2001 to present DAVIEBE-01 A6 yr9 KWAYT AC+ORD' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/13/2024 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 CANTACT Jayme Scalise Robertson Ryan - Southwest 12308 North Corporate Parkway, Suite 600 Mequon, WI 53092 PHONE FAX (A/C. No, Ext): (725) 206-2994 1981 1 (A/C, No):(702) 869-2221 E�bmpAg'LE$s:jscalise@robertsonryan.com INSURERS AFFORDING COVERAGE NAIC p INSURER A: Zurich American Insurance Company of Illinois 27855 INSURED INSURER B : INSURER C : David E Bell dba Dave's Towing Services INSURER D : 370 W Rafael Drive Ste 9 Palm Springs, CA 92262 INSURER E INSURER F : 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 TYPE OF INSURANCE ADDL INSO SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP YY1 _LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X OCCUR X CP01640621-07 6/112024 6/1/2025 EACH OCCURRENCE S 1,000,000 PDAMA�EMGE TSESO R(EaENTED $ 100,000 MED EXP (Any one person $ 5,000 _ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: N POLICY PRO- � LOC JECT GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per arson $ ANY AUTO OVVNED SCHEDULED AUTOS ONLY AUTOS CP01640621-07 611/2024 6/1/2025 X BODILY BODILY INJURY Per accident' $ X PerOa c,tlentpAMAGE $ A67OS ONLY X AUTOS ONEL� UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAJMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N A FFICERWI�MBER/EXCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under N / A I PER OTH- A R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A A Garage Keepers Motor Truck Cargo ICPOI640621-07 1CP01640621-07 6/1/2024 6/1/2024 6/1/2025 6/1/2025 Ded. $1,0001$2,500 On -Hook 150,000 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Garagekeepers Legal Liability: 370 W Rafael Drive Ste 9, Palm Springs, CA 92262: $150,000 ($1,000/$2,500 DED) Motor Truck Cargo/On-Hook coverage are interchangeable terms. CERTIFICATE HOLDER QFd-=1,k/0n CANCELLATION MAY 2 p City of Palm Springs 2OZ4 City Clerk Office SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 2743 Palm Springs prngs, CA 92263 FFICE OF THE CITY CLE REPRESENTATIVE , KTHORI,Z-E-D rZ G �--eG�"C`�C-G ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD If -5 POLICY NUMBER: CPO I64 062_-O" COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD • A W I i A W43•Oill go]• • • • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF PALM SPRINGS ITS OFFICIALS, EMPLOYEES AND AGENTS 3200 E TAHQUITZ CANYON WAY, SUITE OFC PALM SPRINGS, CA USA 92262 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 III — 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 applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 26 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CPO 1640621-07 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . w1401 - A A . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF PALM SPRINGS CITY CLERK OFFICE PO BOX 2743 PALM SPRINGS, CA TJSA 92263 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 III — 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 applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 26 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICYNUMBER: CPO 164,0621-07 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • • i M J: A This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are 'insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: BELL, DAVID E Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): CITY OF PA TM SPRINGS ITS OFFICIALS, EMPLOYEES AND AGENTS 3200 E TAHQUITZ CANYON MAY, SUITE OFC PALM SPRINGS, CA USA 92262 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 Insurance Services Office, Inc., 2011 Page 1 of 1 Notification to Others of Cancellation ZURICHa Policy No. Eff Date of Pol. t:xp. t)ate url'ul. Hrr. I:>ate ot'End. Producer Add] Preen. Return l'rcm. CPO1640621-07 06/01/2024 06/0V2025 57595000 S INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation; as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE I Name and Address of Other Person(s) / Organization(s): ( Number of Days Notice: CITY OF PALM SPRINGS ITS OFFICIALS, EMPLOYEES AND AGENTS 3200 E TAHQUITZ CANYON WAY. SUITE OFC PALM SPRINGS, CA 92262 30 All other terms and conditions of this policy remain unchanged. U-CA-812-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. V-