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HomeMy WebLinkAboutA6227 - RBD HOTEL PALM SPRINGS LLC OPERATIONS COVENANT FOR HOTEL OPERATIONS INCENTIVE PROGRAM AT 285 NPC DOC # 2012-0297944 06/27/2012 02:57P Fee:NC Page 1 of 13 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY: County of Riverside Larry W. Ward CITY OF PALM SPRINGS Assessor, County Clerk & Recorder D PALM SPRINGS DED MAIL TO: CITY O WHEN I IIIIII(IIIIII IIIII IIIII(III IIIIII IIIII III IIIII IIII IIII OFFICE OF THE CITY CLERK 3200 E.TAHQUITZ CANYON WAY S R U PAGE SIZE DA MISC LONG RFD COPY PALM SPRINGS,CA 92262 1 1.3 16 EXPM Pursuant to Government Code Sect M A L 1 466 1 426 IPCORINCOR SMF T: CTY OPERATIONS COVENANT Between CITY OF PALM SPRINGS AND RBD HOTEL PALM SPRINGS, LLC ----- - - - - - - -------- -- - - - Title of Document THIS AREA FOR RECORDER'S USE ONLY FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: THE CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attention: City Clerk (Space Above This Line for Recorder's Office Use Only) OPERATIONS COVENANT r\vu? THIS OPERATIONS COVENANT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement") is made and entered into this 1st day of May, 2012, by and between the CITY OF PALM SPRINGS, a municipal corporation and charter city ("City"), and RBD Hotel Palm Springs LLC, a Delaware limited liability company("Owner"). RECITALS : A. The City of Palm Springs adopted Chapter 5.26 of its Municipal Code in December, 2007 to provide a Hotel Operations Incentive Program ("Program") for the operation and maintenance of Hotel facilities that enhance the tourist and travel experience for visitors to the City, maximize the use of the City's Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the City in achieving its tourism goals. B. Owner has applied for the Program and has provided satisfactory documentation certifying its recent renovation project as a qualified renovation program under the Program. The Hyatt Regency Suites ("Owner's Hotel" or "Project"), generally located at 285 North Palm Canyon Drive, Palm Springs, California, consists of one hundred and ninety-seven (197) total hotel rooms on that certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Site"). C. City and Owner now desire to place restrictions upon the use and operation of the Project, in order to ensure that the Project shall be operated continuously as a hotel available for short-term rental for the term of this Agreement. D. City and Owner also agree that in return for participation in the Program, Owner shall agree to operate the Project as a hotel; participate in the Palm Springs Convention Center's Committable Rooms Program; and provide City with a maximum of six (6) room-nights per month for official City use; and, City agrees to share a percentage of Transient Occupancy Tax Increment with Owner pursuant to the Program guidelines. E. The City finds that the approval of this Covenant is Categorically Exempt from CEQA under Section 15301 of the California Administrative Code as the Hotel Operations Incentive Program applicable to Owner's Hotel applies to the operation, repair, maintenance, or IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII012-0297944 06/27/2012 02;57P OPERATIONS COVENANT 2 0£ 13 FOR HOTEL INCENTIVE PROGRAM minor alteration of existing structures, facilities, mechanical equipment involving no material expansion of use beyond that previously existing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant hereby conveys to the Agency the Operating Covenants described herein and Agency hereby agrees to provide Participant with funds as provided under the Program and as set forth hereinafter. ARTICLE 1 STATEMENT OF OPERATING COVENANTS 1.1. OPERATION AND USE COVENANT. Owner covenants to operate, maintain, and use the Owner's Hotel in accordance with this Agreement. All uses conducted on the Site, including, without limitation, all activities undertaken by the Owner pursuant to this Agreement shall conform to requirements of this Agreement and Palm Springs Municipal Code. 1.2. HOTEL USE. The Owner hereby agrees that the Project is to be owned, managed, and operated as a hotel in a first-class manner, and the Project's participation in the Program shall continue in accordance with the terms of the Program, for a term equal to ten (10) years, commencing upon the date Owner first receives from the City the Owner's share of transient occupancy tax revenues pursuant to the Program unless and until Owner's participation in the Program is terminated prior thereto in accordance with this Agreement (the "Tenn"). 1. Housing Uses Prohibited. None of the rooms in the Project will at any time be utilized as a non-transient residential property including dormitory, fraternity or sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park without the City's prior consent which consent may be given or withheld in its sole and N absolute discretion. m N w 2. Conversion of Project. No part of the Project will at any time be owned �,Nm by a cooperative housing corporation, nor shall the Owner take any steps in connection N with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of the City Council which approval may be given or withheld in its sole and absolute discretion. ARTICLE 2 WARRANTIES AND COVENANTS Mnm 2.1. WARRANTIES AND COVENANTS. For the Tenn of this Agreement, the Owner hereby represents, covenants, warrants and agrees as follows: 1. Owner has completed the City's application for the Hotel Operations Incentive Program. The City has determined the Transient Occupancy Tax Base to be used to calculate the Transient Occupancy Tax Increment shall be Nine Hundred Eight Thousand Seventy-Eight Dollars and Nineteen Cents ($908,078.19) and the Owner accepts such Transient Occupancy Tax Base. OPERATIONS COVENANT -2- FOR HOTEL INCENTIVE PROGRAM 2. Owner hereby agrees to subscribe to the Palm Springs Convention Center's Committable Rooms Program or any similar successor program as identified by the City Manager without being obligated to incur any additional costs or expenses. 3. Upon City's prior request, Owner shall provide the City at no cost six (6) rooms for one night (or one or more rooms for a total of six (6) nights) each month for use for City purposes as approved or designated by the City Manager, provided that such use by the City shall be subject to the rooms being available at the time of the City's request. Such accommodations shall include all services and amenities for which the Owner would normally collect transient occupancy taxes but will not include services and amenities that are optional to the transient and for which the transient is not required to pay a transient occupancy taxes. City shall be responsible for any transient occupancy taxes for any occupancy provided to City under the provisions of this paragraph. Notwithstanding anything in this Agreement to the contrary, if the City does not use rooms during any month, then its right to use rooms with respect to that month shall expire at the end of that month and shall not accrue; provided, however, if the City was unable to use rooms because Owner's Hotel had no rooms available when the City requested a room in accordance with this Section 2.1.3, then, the City's right to use rooms shall not expire and may be used by the City in a subsequent month. ARTICLE 3 MAINTENANCE 3.1. MAINTENANCE. 1. Maintenance Obligation. Owner, for itself and its successors and assigns, hereby covenants and agrees to maintain and repair or cause to be maintained and <N repaired the Site and all related on-site improvements and landscaping thereon, including, m m without limitation, buildings, parking areas, lighting, signs and walls in a first class m m o condition and repair, free of rubbish, debris and other hazards to persons using the same, M1` and in accordance with all applicable laws, rules, ordinances and regulations of all N federal, state, and local bodies and agencies having jurisdiction, at Owner's sole cost and expense. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal; (ii) the care and replacement of all shrubbery, plantings, and other landscaping in a healthy condition; and (iii) the repair, replacement and restriping of asphalt or concrete paving using the same type of material originally installed, to the end that such paving at all times be kept in a level and smooth condition. 2. Parking and Driveways. The driveways and traffic aisles on the Site shall be kept clear and unobstructed at all times. =_ 3. Right of Termination. In the event Owner fails to maintain the Site in the above-mentioned condition, and satisfactory progress is not made in correcting the condition within thirty (30) days from the date of written notice from City (such notice shall reasonably identify the required maintenance), City may, at City's option, and without further notice to Owner, terminate this Agreement. OPERATIONS COVENANT '3- FOR HOTEL INCENTIVE PROGRAM ARTICLE 4 COMPLIANCE WITH LAWS 4.1. COMPLIANCE WITH LAWS. Owner shall comply with all ordinances, regulations and standards of the City and City applicable to the Site. Owner shall comply with all rules and regulations of any assessment district of the City with jurisdiction over the Site. ARTICLE 5 NONDISCRIMINATION 5.1. NONDISCRIMINATION. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Owner, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of guests or vendees of the Site, or any part thereof. ARTICLE 6 INDEMNIFICATION 6.1. INDEMNIFICATION. Owner agrees for itself and its successors and assigns to indemnify, defend, and hold harmless City and its respective officers, members, officials, employees, agents, volunteers, and representatives from and against any loss, liability, claim, or judgment relating in any manner to the Project excepting only any such loss, liability, claim, or judgment arising out of the intentional wrongdoing or gross negligence of or its respective officers, officials, employees, members, agents, volunteers, or representatives. Owner, while in possession of the Site, and each successor or assign of Owner while in possession of the Site, shall remain fully obligated for the payment of property taxes and assessments in connection with the Site. The foregoing indemnification, defense, and hold harmless agreement shall only be applicable to and binding upon the party then owning the Site or applicable portion thereof. 6.2. ATTORNEYS' FEES. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other reasonable expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 6.3. AMENDMENTS. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Riverside. (IIIII IIIIIII IIIII IIIII IIII IIIII IIIII I I IIIII IIII IIII 2015e£e94s es7a 13 OPERATIONS COVENANT -4- FOR HOTEL INCENTIVE PROGRAM i 6.4. NOTICE. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: City: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: City Manager Copy to: Woodruff, Spradlin& Smart, LLP 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Attn: Douglas C. Holland, Esq. Owner: RBD Hotel Palm Springs LLC c/o RBC Investment Services LLC 4100 Regent Street, Suite G Columbus, OH 43221 Attn: Risk Management Copy to: RBD Hotel Palm Springs LLC c/o Davidson Hotel Company LLC 3340 Players Club Parkway, Suite 200 Memphis, TN 38125 The notice shall be deemed given three (3) business days after the date of mailing, or, if M1 personally delivered, when received. m N� f 0^ m o 6.5. SEVERABILITY/WAIVER/INTEGRATION NNE 1. Severability. If any provision of this Agreement or portion thereof, or the a application to any person or circumstances, shall to any extent be held invalid, inoperative, or unenforceable, the remainder of the provisions, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; provided, that if any material terms or provisions of these Operating Covenants are rendered invalid, void and/or unenforceable, or due to changes in the law such terms or provisions would materially alter the terms of the transactions contemplated herein, the parties agree to meet and negotiate in good faith to attempt to reform these Operating Covenants to accomplish the intent of the parties. 2. Waiver. A waiver by either party of the performance of any covenant or condition herein shall not invalidate this Agreement nor shall it be considered a waiver of any other covenants or conditions, nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. OPERATIONS COVENANT -5- FOR HOTEL INCENTIVE PROGRAM 3. Integration.tion. This Agreement contains the entire Agreement between the parties and neither party relies on any warranty or representation not contained in this Agreement. 4. Third Parties. No third party beneficiaries are intended, and the only parties who are entitled to enforce the provisions of these Operating Covenants are the Agency, City, Mortgagees, Participant and their respective successors and assigns. 6.6. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 6.7. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument. 6.8. TERMINATION. Owner may elect to terminate its participation in the Program and this Agreement by providing written notice to the City (a) if the City fails to deliver to Owner any amounts owed to Owner pursuant to the Program within thirty (30) days after Owner's written request for payment or (b) in its sole discretion for any reason during the term of this Agreement. [END -- SIGNATURES ON NEXT PAGE] IIIIII IIIIIII IIIII IIIII IIII IIIIII IIIII III IIIII IIII IIII es/z0 i7 £12 a�P OPERATIONS COVENANT -6- FOR HOTEL INCENTIVE PROGRAM IN WITNESS WHEREOF, the City and Owner have executed this Operations Covenant by duly authorized representatives on the date first written hereinabove. "CITY" THE CITY OF PALM SPRINGS, a municipal corporation and charter city By �� David H. Ready City Manager ATTEST: APPROVED BY CITY COUNCIL 50 CityWderk APPROVED BY CITY COUNCIL �l'y o� ?AL-A� APPROVED AS TO FORM: WOODRUFF SP LIN & SMA T 11 By: M r Dougl s Holland City ttomey "OWNER" RBD HOTEL PALM SPRINGS LLC By: RBD Palm Springs Holding LLC, its Sole Member By: DIG Palm Springs LLC, its Manager By: - F. 11-J-9 Na e: hn A. Belden TitI . esident [END OF SIGNATURES] 2ti12-0297944 IIIIII IIIIIII IIIII IIIII IIII IIIIII IIIII III IIIII IIII IIII 06/27/60o£0 3 57P OPERATIONS COVENANT -7- FOR HOTEL INCENTNE PROGRAM ACKNOWLEDGMENT Tennesse,¢ -�`q, State of County of SAe/bp ) Abe l On &I Ic 20/2. ,before me, evxe e (insert name of notary) Notary Public,personally appeared Johr1 A. &(den , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. reAna,see- -7P,,A I certify under PENALTY OF PERJURY under the laws of the State of evhfernitr that the foregoing paragraph is true and correct. E W WITNESS my hand and official seal. Q� S1gTE OF NE SEE NOT y Signature �� SG�� y� ����C 4t I a a a, gy COu. ACKNOWLEDGMENT State of California ) County of ) On before me, (insert name of notary) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ��20.19 of 230��5?P OPERATIONS COVENANT -8- FOR HOTEL INCENTIVE PROGRAM o. xn LARRY W. WARD Recorder COUNTY OF RIVERSIDE P.O.Box 751 ASSESSOR-COUNTY CLERK-RECORDER Riverside,CA 751 'r x' F nn9 P` nflUFp Ct tx'� CERTIFICATION Pursuant to the provisions of Government Code 27361.7 1 certify under the penalty of perjury that the following is a true copy of illegible wording found in the attached document: PUBLIC Date: Signature• Print Name: Fe pe Primera 11111111111111111111 II 111111 III 1111 as z011 a of 13 �a EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of Palm Springs, County of Riverside, State of California, more particularly described as: 111111 III 1111 es,z01 11 2912 1f 1, P EXHIBIT°A° OPERATIONS COVENANT FOR HOTEL INCENTIVE PROGRAM -t- A PARCEL A: PARCEL 5 OF PARCEL MAP 20326,IN THE CITY OF PALM SPRINGS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 133;PAGES 81 THROUGH 85 INCLUSIVE OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 8: NON-EXCLUSIVE ACCESS EASEMENTS AS CONTAINED IN A DOCUMENT ENTERED "AMENDMENT AND RESTATEMENT OF AMENDED AND RESTATED RECIPROCAL EASEMENT AND OPERATING AGREEMENT",RECORDED DECEMBER 13,2007 AS INSTRUMENT NO.07-744406. APN: 513-56MS-S 1111111fillHill1111111111111111111111111111111 ©6 2�112 of 1357E ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On June 25, 2012, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. 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 the official seal of the City of Palm Springs, California, this . 25th day of June, 2012: ♦�?ALM, iy O N N 'Q<IFOAN�P • Signature: - JAMES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: -Operations Covenant— RBD Hotel Palm Springs LLC Document Date: May 1, 2012 Number of Pages: 10 I IIIIII IIIIIII IIIII IIIII IIII IIIII IIIII III IIIIII III IIII z9113�1of 1357P j A6OZw CERTIFICATE OF LIABILITY INSURANCE DAT1/11/2023 Y) �i 0111 /023 THIS CERTIFICATE IS ISSUED AS A MA TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVEY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERUF. WIE OFANSUR NCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, HE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iesj 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 PRODUCER McGriff Insurance Services, Inc. 3400 Overton Park Drive SE Suite 300 Atlanta, GA 30339 Jakelle Savage 404 497-7500 INSURER(S) AFFORDING COVERAGE fAX (A/C. Nor: INSURED INSURER B : RBD Hotel Palm Springs LLC - — Uo Rockbridge Capital, LLC INSURER C : 4124 Worth Avenue Sidles 200 & 300 INSURER D: _ Columbus. OH 43219 INSURER E INSURER F : COVERAGES CERTIFICATE NUMRER:XS7AE434 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. I�TR TYPE OF INSURANCE ADOL J= B JUL POUCY NUMBER MMNDY EFF POLICY MID Y EXP UTARS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S _ CLAIMS -MADE OCCUR PREMISES Ea occoeneo S MED EXP (A one person) S PERSONAL S ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGO f I S OTHER: A AUTOMOBILE LUBILm 1000007872221 12/3l/2022 02/012024 (Ea accidenl 1,000,000 X BODILY INJURY (Per persons) f ANY AUTO OWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Par accidMq) f PROPERTY DAMAGE Par accede f HIRED NON -OWNED AUTOS ONLY AUTOS ONLY f UMBRELLA LIAS OCCUR EACH OCCURRENCE S AGGREGATE f _ EXCESS LIAB CLAIMS -MADE DED RETENTIONS It WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN UIM- PER Li _- ER - — ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERa4EMBER EXCLUDED? NIA E.L. EACH ACCIDENT S - (MantlaorylnNH) E.L. DISEASE - EA EMPLOYEE S If yes, descnbe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE -POLICY UNIT S S S f S DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: 2021 Ford Expedition Max Limited Vin 1FMJK1 KT1 MEA08463 The City of Palm Springs is added as Additional Insured with regards to Auto Liability. rFRTIFlrATF kith nFR 17ArJ1:9I I ATInIJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Palm Springs AUTHORIZED REPRESENTATIVE 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Page 1 of 1 © 1988-2015 ACORD CORPORATION. All rights reserved. Arnon 7C I7n+c In71 Tr... nrn[)n ......... .....1 r........«. ........+.....A ......I.....1 nrnon Lo A 6 2-,?- 7 tCEr2TIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY)( 01/11/2023 THIS CERTIFICATE IS ISSUED AS A M TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIC Fr9 OES NOT AFFIRMATIV LY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T�—ERTIFICATE OF - NCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANDTHE 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 endomement(s). PRODUCER CONTACT Jakelle Savage McGriff Insurance Services, Inc. NAME; ——_ 3400 Overton Park Drive SE C.PHOhk �4 497-750g fA% WC. Ho. E-al'Suite Atlanta, GA 30339 E-MAIL DRESS; lakelle.savageQmogriff.com INSURED INSURER 8: REID Hotel Palm Springs LLC — - - - -- c/o Roddxidge Capital, LLC INSURER c : 4124 Worth Avenue Sudes 2D083D0 INSURER D: Columbus, OH 43219 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:XS7AE434 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. INSRR— TYPE OF INSURANCE ADDL 17: BR PoLICY EFF POLICY NUMBER MMND/YYYY POLICY EXP 111" LWAITS COMMERCIALGENERALUABILf" EACH OCCURRENCE s _ _ CLAIMS -MADE ❑ OCCUR PREMISES Ea occun0ence) _ _S — _... _ _. _ _ _ MED EXP (Any orle person) $ PERSONAL S ADV INJURY _$ _ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S POLICY JECOT LOC PRODUCTS - COMP/OP AGG _ s OTHER S A AUTOMOBILE LIABILITY 1000007872221 12/3l/2022 02/01/2024 COMBINED SINGLE LIMIT Ea accident S__-_. 1000000 X - BODILY INJURY (Par person) S ANY AUTO OWNED SCHEDULED X BODILY INJURY(Per a.,deno $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY 04MAGE $ AUTOS ONLY AUTOS ONLY Per scd09M $ UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS -MADE AGGREGATE DED RETENTION s WORKERS COMPENIRAMON PER OTH- AND EMPLOYERS' LIABILOY _. _�M. _— § EP - ANVPROPRIETORIPARTNEMEXECUTIVE E.L. EACH ACCIDENT s OFFICER0IEMBER EXCLUDED? NIA --- --- (MacliloryinNH) EL DISEASE - EA EMPLOYEE. s If yes describe under DESCRIPTION OF OPERATIONSbe E.L. DISEASE -POLICY LIMO s S DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may ha aRached If more space Is required) Re: 2021 Ford Expedition Max Limited Vin 1 FMJK1 KT1 MEA08463 The City of Palm Springs is added as Additional Insured with regards to Auto Liability. CFRTIFICATF HOI DFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Palm Springs AUTHORIZED REPRESENTATIVE 3200 E. Tahquitz Canyon Way /I Palm Springs, CA 92262 (ll'/!T� Page 1 of 1 m 1988-2015 ACORD CORPORATION. All rights reserved. ArnOn 9r: ren+emit Tk^ ArnOn ......., . 4 1^..............o.-F., A ..,. G^ ^I AnnOn k6aa7� 9 -ice 7 DATE (MM/DD/YYYY) A� 0 CERTIFICATE OF LIABILITY INSURANCE 02/06/2024 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). CONTACT Keri Devine PRODUCER NAME: -- McGriff Insurance Services, LLC PHONE 404 497-7500 FAX 3400 Overton Park Drive SE AIC No Ext :(Ale No - Suite 300 AD RIESS: kdevine@mogriff.com Atlanta, GA 30339 INSURER(S) AFFORDING COVERAGE NAIL If INSURED RBD Hotel Palm Springs LLC c/o Rockbridge Capital, LLC 4124 Worth Avenue Columbus, OH 43219 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : oCVICInAI NIIMRFR• 38318 VUVtKAWGJ %, MIIrI-- ••­ -- 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. ILTR TYPE OF INSURANCE ADDL UBR POLICPOLICY NUMBER MM/ DY EFF POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea ocaurence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY ❑ PRO LOC A OTHER: AUTOMOBILE LIABILITY 10 0007 72241 02I01/2024 02/01l2025 IM EOacccl deED—ntSING LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X PROPERTY DAMAGE Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS MADE DED RETENTION $ WORKERS COMPENSATION PER OTH- TAT TE R E.L. EACH ACCIDENT $ __- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ^,1 E.L. DISEASE - EA EMPLOYEE OFFICER1MEN!SER EXCLUDED? U (Mandatory In NH) N I A $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $ $ $ E DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Re: 2021 Ford Expedition Max Limited Vin 1FMJK1KTIMEAOB463 The City of Palm Springs is added as Additional Insured with regards to Auto Liability. GtK11tIl.Alt nVI_uCrt — ---- RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN � EB 2 6 2024 ACCORDANCE WITH THE POLICY PROVISIONS. The City of Palm Springs AUTHORIZED REPRESENTATIVE �J 3200 E. Tahquitz Canyon Way City Receot onall Desk Palm Springs, CA 92262 ...nee nn.le Arnon I`nConDeTInIJ All rinhfs rpcPrved- • may....,, .-. ....... __._.-_. Arnon nc /nn4ctn'11 r6_ Arnon ____ ....4 1^..^