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HomeMy WebLinkAboutA5600 - CRUCERO USA LLC BUS SERVICE TRAIN STATION USE AGR000190 EVIDENCE OF PROPERTY INSURANCE 2DRWKTNV Dt.TE (MM,DD/YYYY) 03/28/2025 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. __ t.GEHCY ~~Ext);_ __ 503-943-6621 McGriff, a Marsh & McLennan Agency LLC company 5400 SW Meadows Road, Suite 240 Lake Oswego, OR 97035 Vilay Vongsoury t.GEHCY USTOMER ID #; INSURED Greyhound Lines. Inc PO Box 660632 Dallas, TX 75266-0362 E-MAIL V ' 'ff ADDRESS :~-1lay.Vongsoury@mcgr~ ~BCODE: REC-EIVEG- APR O 7 2025 COMPt.HY Lexington Insurance Co. L04H HUMBER EXP1Rt.TIOH DATE POLICY HUMBER 14627205 EFFECTIVE DATE-1 OFFICE Ot-~. , .... CIT Y CLE K 0410112025_ __ Jr __ _ CONTINU ED UNTIL 04/0112026 l TERMINATED IF CHECKED --------- THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCt.TlON,DESCRlPTION RE : Lease at Garnet Station Road, Palm Springs, CA. 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 EVIDENCE OF PROPERTY INSURANCE 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 RED UCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I BASIC BROAD SPECIAL I I COVERAGE / PERILS / FORMS ,____ --------- Building/Business Personal Property -Occurrence Limit Vehicles -Physical Damage -Any One Vehicle Vehicles -Physical Damage -Any One Occurrence REMARKS lncludin S cial Conditions CANCELLATION AMOUNT OF INSURt.NCE -$10.000,000 -- S700 .000 S10,000,000 I DEDUCTIBLE $1 ,000,000 $1 ,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME t.ND t.DDRESS The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 USA ACORD 27 (2016103) Page 2 of 2 AOOITIONAI. INSURED H LENDER'S LOSS PAYABLE MORTGAGEE _ LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE ~~ @ 1993·2015 ACORD CORPORATION. All rights reserved. The ACORD name and l ogo a re registered marks of ACORD 000119 r~ m ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DOIYYYY) ~ 03/28/2025 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER lt~"I;';"'' V1Iay Vongsoury McGnff, a Marsh & McLennan Agency LLC company Pit)gN,t i:xtl: 503-943-6621 j rt~ Nol: 503-943-6622 - 5400 SW Meadows Road, Suite 240 Lake Oswego, OR 97035 1fo'il~ss, Vilay Vongsoury@mcgnff oom RECEIVED INSURER{$) AFFORDING COVERAGE I NAIC# INSURER A :Bus Risk Retenbon Grouo I 17324 INSURED APR O 7 ZUZ:> INSURER B :AIU Insurance Comoanv I 19399 Greyhound Lmes, Inc PO Box 660632 INSURER c :Nat10nal Union Fire Insurance Comoanv of Pittsburah . PA I 19445 __ Dallas. TX 75266-0362 OFFICE OF THE CITY CLERK INSURER D :New Hamoshire Insurance Comoanv I 23841 I - INSURER E: INSURER F : I COVERAGES CERTIFICATE NUMBER:7AKKGBGN 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, EXC LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ,Y POLICY EF;Y) POLICY EXP - LTR TIPE OF INSURANCE INC:n l wvn POLICY NUMBER (MMID0/YYY I CMM/0D/YYYYl LIMrrs A ~ COMMERCIAL GENERAL LIABILITY I rL-RRG-001023 01101/2025 I 01,0112026 EACH OCCURRENCE s 10,000,000 =:J ClAIMS-MA0E 0 OCCUR I I.N\M1'Uca IUnc;r.,c;u 5000,000 PREMISES CEa occurrence) s E l ·- MEO EXP (Any one person) $ --- PERSONAL & Ar:N INJURY s 10,000.000 --- PGEN'L AGGREGATE LIMIT APPLIES PER. I GENERAL AGGREGATE $ 10 ,000 ,()()0 □PAO· 0 ~------- POLICY JECT LOC PROOUCTS • COMP/OP ~G $ 10.000,000 - OTI-iER: I $ A AUTOMOBILE LIABILITI I rl•"rw,-0U1v"~ 01/01/2025 01/0112026 /Ea ..;;...,..,nti"'""lt: L1M1, s 10,000,000 -X ANY ALITO BOOILY INJURY jPer person) $ ,..._ OWNED -SCHEDULED I l AUTOS ONLY AUTOS I BODILY INJ URY (Per acodent) $ ,..._ HIRED -NON-OWNED 1'1'1\Jf"t:RTY'-""W¥JE -s ,..._ AUTOS ONLY ,..._ AUTOS ONLY Jf!!_!lcodenll -$ UMBRELLA LIAB HOCCUR I EACH OCCURRENCE $ -I - EXCESSUAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s I $ D WORKERS COMPENSATION I 62790879 Au:. 04/0112025 04/0112026 X I sP./i.'iun= I 10~- ANO EMPLOYERS' LIABILITY y / N I ·- ANY PROPRIETOR/PARTNER/EXECUTIVE □ I E.L EACH ACCIDENT s 3 000,000 OFFICER/MEMBER EXCLUDED? N / A - (Mandatory In NH) E L DISEASE • EA EMPLOYEE S 3,000,000 If ies, descnbe under I E L. DISEASE • POLICY LIMIT s 3,000,000 0 SCRIPTION OF OPERATIONS below B Auto L1abihty I AL 7281073 !AOS) 04101/2025 04/0112026 combined ::;1ngle L1m1t J 10,000.wv C iAL7281072 MA) s I $ s s DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101 , Additional Remartts Schedule, may be attached If more space Is required) Re : Agreement No.A5688 City of Palm Springs is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and Non-Contnbutory to other insurance available to an Additional Insured, but only in accordance with the policy's proV1sIons. A Waiver of Subrogation is granted m favor of Certificate Holder in accordance with the policy provisions of the General Liab1hty policy. CERTIFICATE HOLDER 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 Offtce of the City Clerk ~~ 3200 E. Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs, CA 92262 USA Page 1 of 1 ~ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 000188 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I OATE (MM/00/YYYY) ~ 03/28/2025 ~ 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 INSURANC E DOES NOT CONSTITUTE A CONTRAC T BETWEEN THE ISSUING INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certific ate holder is an ADDITIONAL INSURED, the polic y(ies) must hav e ADDITIONAL INSURED provisio ns or be endors ed. If SUBROGATION IS WAIVED, subjec t to the terms and conditions of the p o lic y, certain p o lic ies m ay require an endors eme nt. A s tat ement on this certific ate does not confer r iahts to the ce rtific a te holder I n lle u of s uc h endors emen t(s). PROOUCER ~AME7'" Vilay Vongsoury McGriff, a Marsh & McLennan Agency LLC company r.a~gNN~ Exll: 503-943-6621 I rt~ Nol: 503-943-6622 5400 SW Meadows Road, Suite 240 Lake Oswego, OR 97035 RECEIVED ~~lJ~ss: Vilay . Vongsoury@mcgriff.com INSURER(S) AFFOROING COVERAGE NAIC# ADn n-, nnn.-INSURER A :Bus Risk Retention Grouo 17324 INSURED .... U I LU{.J INSURER B AIU Insurance Comoanv 19399 Greyhound Lines, Inc. PO Box 660632 OFFICE OF THE CITY CLERi I NSURER c :National Union Fire Insurance Company of Pittsburgh , PA 19445 Dallas, TX 75266-0362 fl.I NSURER D :New Hampshire Insurance Company 23841 I NSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER·2DRVVKTNV 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 DESCR IBE D HEREIN IS SUBJECT TO ALL THE TER MS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INS URANCE 1~i.,u,; 1~:; ,:ru-Jg)'ym,, POLICY EXP LIM JTS LTR POLICY NUM BER I IMM/DD/YY YY) A X COMMERCIAL GENERAL L IABILITY GL-RRG-001023 01/01/2025 01/01/2026 EACH OCCURRENCE $ 10,000,000 LJ CLAIMS-MADE 0 OCCUR lfl\MfW>C IV , •~••ICU s 5,000,000 PREMISES /Ea occurrence' - ~ MED EXP (Any one person) $ -PERSONAL & Ar:N INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 10,000,000 q □PAO-[K]wc PRODUCTS -COMP/OP AGG $ 10,000,000 POLICY JECT -$ OTHER: A AUTOMOBILE LIABILITY 1AL-"m.:,-001023 01/01/2025 01/01 /2026 )e'i:":::~~l)"'"'"LE LIM11 $ 10,000,000 '-- X ANY AUTO BODILY INJURY (Pe r person) $ ~ OWNED -SCHEDULED BODILY INJURY (Per accidenl) $ ~ AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ---AUTOS ONLY -AUTOS ONLY /Per acctdenll $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ,__ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ 0 WORKERS COM PENSATION 62790879 AOS 04/01/2025 04/01/2026 X ll-r~~UTE I 10~-ANO EMPLOYERS' LIABILITY Y /N ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L EACH ACCIDENT $ 3,000 ,000 OFFICER/MEMBER EXCLUDED? N /A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 3,000 ,000 ~iit~rm~~ 'b~PERATIONS below E.L. D ISEASE -POLICY LIMIT $ 3,000 ,000 B Auto Liability ~L 7281073 )AOS) 04/01/2025 04/01/2026 Combined :;ingle Limit $ 10,000,000 C ~L7281072 MA) $ $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) RE: Lease at Gamet Station Road, Palm Springs, CA. CERTIFICATE HOLDER CANCELLATION SHOULD AN Y OF THE AB OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR ATION DATE TH E RE OF, NOTIC E Will BE DELIVER E D IN ACCORDANCE WITH TH E PO LICY PROVISION S. The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Sp rings, CA 92263 USA AUTHORIZED REPRESENTATIVE ~~ Page 1 of 2 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 2 5 (2016/03) The ACORD name and logo a re registered marks of ACORD 00011'7 ~~ m CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) 03/28/2025 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 pollcy(les) 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 j;j:.'.:..it"T Vilay Vongsoury McGntr. a Marsh & Mclennan Agency LLC company ~PH0 1 N'="E--5-0-3--94-3-66-2"-1----------,lr-..F'"'"A"""x --50-3--94-3-66--22 5400 SW Meadows Road, Swte 240 .~ (A.C, Nol: ---1 Lake Oswego, OR 97035 RECEIVED ,_AD""D"iiC!:1~"'s,,,,s,'----Vi_11-'ay_v_o_ng"-so_ury.;..@.cc.-mcg__c....n_ff_.co_m _________ ---. ____ -1 INSURED Greyhound Lines, Inc. PO Box 660632 Dallas, TX 75266-0362 COVERAGES APR n 7 7n25 V OFFICE OF THE CITY CLERK CERTIFICATE NUMBER:NTFP7ZBF ______ I_NS_U_RER(S) AFFORDING COVERAGE NAIC # INSURER A :Bus Rrsk Retention Group I 17324 INSURER B :AIU Insurance Co.;..m~1o~;a_n..__v __________ --+ __ 1~9~3~99~-t INSURER c :Nat10nal Umon Fire Insurance Company of P1ttsbur0h, PA 19445 INSURER D :New Hampshire Insurance Company 23841 INSURER E: I INSURER F: I 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 TH IS 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. 1~f: TYPE OF INSURANCE A l25_ COMMERCIAL GE NERAL LIABILITY n CLAIMS-MADE 0 OCCUR J A D B C L--==~ L----- DI GEN'L AGGREGATE LIMIT APPLIES PER: □ PRO· fv7x POLICY JECT ~ LOC OTHER AUTOMOBILE LIABILITY X ANYAUTO >-ONNED _ AUTOSONLY HIRED _ AUTOSONLY UMBRELLA LIAB - - -SCHEDULED AUTOS NON-OWNED AUTOS ONLY EXCE SS LIAB HOCCUR CLAIMS-MADE I OED I I RETENTION$ WORKERS COMPENSATION ANO EMPLOYERS• LIABILITY Y /N I ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? ( Mandatory In NH) "rn· describe under 0 SCAIPTION OF OPERATIONS below Auto Liability I GL-RRG-001023 AL·~~<.>-001023 I I I 62790879 Au~ N /A I I ~L7281073 fAu;::,) (L7281072 MA) - LIMITS 01/01/2025 01/01/2026 EACH OCCURRENCE $ 10.000,000 -......,..,...,c IV nc,.,cu $ 5.000,000 PREMISES {Ea occurtencel - MED EXP (Anv one person) $ -- PERSONAL & AfN INJURY s 10.000,000 - GENERAL AGGREGATE $ 10,000,000 PRODUCTS • COMP/OP AGG $ 10,000,000 -- $ 01101/2025 01/01/2026 /Ea acctden;rlNuU: Ullllt, s 10,000,000 BODILY INJURY (Per person) $ ·--BODILY INJURY (Pe< acddent) $ t~~~t'i""""""E s $ EACH OCCURRENCE $ AGGREGATE s $ 04/01/2025 04/01 /2026 X I .f,.~~. m: I 10~-- l E.L. EACH ACCIDENT $ 3,000,000 3,000,000 E L. DISEASE • EA EMPLOYEE s - E L DISEASE • POLICY LIMIT s 3000.000 04/01/2025 1 04/01/2026 Gombined Single L1m1t J 10,000,000 s $ $ s DESCRIPTION OF OPERATIONS I LOCATION S /VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be 1uached If more space 11 required) RE: The Palm Springs Train Station@ Gamet Station Road. The City of Palm Springs, its Officers, Employees and Agents are included as Additional Insured in accordance with the policy Pt'Ovisions of the General liability policy General liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only 1n accordance with the policy's provisions A Waiver of Subrogation is granted in favor of Certificate Holder rn accordance with the policy provisions of the General liability policy. CERTIACATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE Willi THE POLICY PROVISIONS. Office of the City Clerk 3200 East Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE ~~ Palm Springs, CA 92262 USA Page 1 of 1 (Cl 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 000167 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/13/2024 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 PRODUCER McGriff Insurance Services. LLC 5400 SW Meadows Road. Suite 240 Lake Oswego, OR 97035 INSURED Greyhound Lines, Inc. PO Box 660632 Dallas, TX 75266-0362 RECEIVED OFFICE OF THE CITY CLERK Way Vongsoury 503-943-6821 Vilay Vongsoury@mcgdR.Com A:BUS e AIU COVERAGES CERTIFICATE NUMBER'P2MK42XE 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. INSRTYPE OF INSURANCEADDLJSUBR LTR '�. POLICY NUMBER POLICY EFF —POLICY EXP D/YYYY MWDD LDKTS A X COMMERCIAL GENERAL LIABILITY GL-RRG-001023 01/01/2025 - 01/01/2026 EACH OCCURRENCE E 10,000,000 CLAIMS -MADE �OCCUfl MISES (Ea ourrence PRETAMAGE TORcc E 5,000,000 $ MED_EXP(Any one person) $ 10,000,000 PERSONAL & AW INJURY BE WE AGGREGATE LIMIT APPLIES PER: $ 10,000,000 GENERAL AGGREGATE X POLICY ❑ JECOT LOC I I PRODUCTS - COMP/OP AGG S 10,000;000 $ OTHER: A AUTOMOBILE LIABILITY AUTOMOBILE L-RR-001023 01/01/2025 01/01/2026 COMBINEDSINGLEIN LE LIMIT E 10,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NO ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAR CLAIMS -MADE DELI I I RETENTIONS It B WORKERS COMI AND EMPLOYERS LIABILITY Y / N 62790879 AO) 2790880 CA) 04/01/2024 04/01/2025 X PER DTH- E.L. EACH ACCIDENT S 3,000,000 ANY PROPRIETOWPARTNEPIEXECUTIVE ❑ OFFICEPoMEMBER EXCLUDED? (Mandatory in NH) M. Eescribe under CRIPTQN OF OPERATIONS beNnr N/A E.L DISEASE - EA EMPLOYEE S 3,OD0,D00 E.L. DISEASE - POLICY LIMIT E 3,000,000 B Auto Liability 7281073 VAINY) OU0112024 04/01/2025 bind Single Limit 10,000,000 C - 7281072 (MA) $ $ S DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Addition) Remarks Schedule, may be idUched If more span Is rerPmed) Re: Agreement No.A5688 City of Palm Springs is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER 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 Office ofp the City Clerk 3200 E. Tahqu'Itz Canyon Way AUTHORIZED REPRESENTATIVE /f� Palm Springs, CA 92262 /Ci�/�/ USA Page 1 of 1 m 1UUU-2015 AGORD CURPORATIUN. All rights reserved. 000165 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/13/2024 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 Ices not confer rights to the certificate holder in lieu of such endorsements . PRODUCER _NAME: Vilay VOngsoury McGriH Insurance Services, LLC _- __- — -" — --- - 5400 SW Meadows Road, Suite 240 PHONE 503-943-6621 FAX 503-943-6622 Lake Oswego OR 97035 RECEIVED lac No Evil; (A/CA*): e9 E-MAIL VIIay.Vonasourvriff oom DEC 3 U 2024 INSURED Greyhound Lines, o6606OFFICE OF THE CITY CLERK Dallas, TX 75266-0362 COVERAGE [KN�Iq:L•TN X.�N�ally[Na\I�;NI!J:ld: __ � :I d769Cd: �:ITIS7ET3: 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. MTp TYPE OF INSURANCE SUBRI WVD POLICY NUMBER D/YYYY MkVDD/YYYP LIMITS A X COMMERCIAL GENERAL LIABILITY GL-RRG-001023 01/01/2025 01/01/2026 $ 10,OOQ000 CLAIMS -MADE OCCUR I �p��HHO�CCC(URRENCE PREMISES EaEa �rrence $ 5,000,000 MED EXP (Any one Person) $ I PERSONAL&ACV INJURY $ 10,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,OOQ000 X POLICY ❑ ,PjECT LOC PRODUCTS - COMPIOP qGG $ 10,000,fX10 $ OTHER'. A AUTOMOBILE LIABILITY SAL--001023 01/01/2025 01/01/2026 COMBINED ICeet IN LIMITEa 10,000.000 X BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidan0 E HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ROPE DAMAGE Per ao-tent $ _ UMBRELLA LIAR EACH OCCURRENCE $ HOCCUP, AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NN) NIA ',62790879 (ADS) 2790880 CA) W0112024 04/01/2025 X PER OIT STATUT R E.L. EACH ACCIDENT $ 3,000,000 E.L. DISEASE - EA EMPLOYEE --- $ 3,000,000 If yes describe under DESCRIPTION OF OPERATIONS bebw E.L DISEASE - POLICY LIMIT __ 3,000,000 E B Auto Liability L7281073 VA/NY) 04/01/2024 04101/2025 pined bFngle Limd 10,000,D00 C 1_7281072 (MA) $ $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addi funil Remarks Schedule, may be attached it more space is required) RE: The Palm Springs Train Station @ Garnet Station Road. The City of Palm Springs, its Officers, Employees and Agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. Led 9 it l I a L9L1$ '11[i Eelalal aGI City of Palm Springs Office of the City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/13/2024 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(s1. PRODUCER McGriB Insurance Services, LLC 540G SW Meadows Road, Suite 240 Lake Oswego, OR 97035 RECEIVED � INSURED _ -.. UEC J LUL- Greyhound Lines, Inc. PO Box 660632 Dallas, TX 75266-0362 OFFICE OF THE CITY CLERK 503-943.6621 :Bus Union Fire COVERAGES CERTIFICATE NUMBER:09SXL8M3 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�R LTR TYPE OF INSURANCE POLICY NUMBER LILY FF POLICY EXP /YYYY -: MWDD UNITS AI X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EXIOGICUR L-RRG-001023 01/01/2025 01/01/2026 EACH OCCURRENCE E 10,000,000 PREMISES Ea occunerce E 5,000,000 MED EXP (Any one person) E PERSONAL S ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ElJ6CCT 0 LOC GENERAL AGGREGATE $ 10,OGQ000 PRODUCTS - COMPIOP AGG $ 10,000,000 $ OTHER: A AUTOMOBILE LIABILITY L--001023 OV01/2025 01/01/2026 COMBINED SINGLE LIMIT Ea accident 10,000,000 X rs BODILY INJURY (Per person) it ANY AUTO RULED OWNED r AUTOS AUTOS ONLY I BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY HAUTOS ONLY PROPIERTYDAMAGE Per accident)._ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE s EXCESS LIAR CLAIMS -MADE DIED I I RETENTIONS Is B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y/N ANY PR(DPRIETCRIPARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED? N/A 62790879 ((A ) 62790880) (CA) W0112024 04/01/2025 X PER OTR- AT 1 E.L. EACH ACCIDENT E 3,000.000 E.L. DISEASE - EA EMPLOYEE E 3.000,000 (Mandslory 1n NH) It yesribmut , desce er DESCRIPTION OF OPERATIONS below I E.L. DISEASE -POLICY LIMIT S 3,000.000 B C Auto Liability ,AL7281073 VA/NY) 'AL7281072 (MA) M0112024 04/01/2025 ombined Ingle Limit 10,000,000 E $ s s DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlanel Remarks Schedule, rosy a amched if more space Is required) RE: Lease at Garnet Station Road, Palm Springs, CA. The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 000368 EVIDENCE OF PROPERTY INSURANCE Q9SXL8M3 I DATE 12/13/2024vv1 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE WC. No Enl• 503_-943_-6.621 COMPANY _ McGriff Insurance Services, LLC - Lexington Insurance Co. 5400 SW Meadows Road, Suite 240 Lake Oswego, OR 97035 Vilay Vongsoury 503-943-6622 INSURED Greyhound Lines, Inc. PO Box 660632 Dallas, TX 75266-0362 SUB CODE: FtEC€iV€D OEC 3 u 2024 OFFICE OF THE CITY LOCATION DESCRIPTION RE. Lease at Garnet Station Road, Palm Springs, CA. LOANNUMBER EFFECTIVE DATE EXPIRATION DATE 04/01/2024 04/01/2025 REPLACES PRIOR EVIDENCE DATED: POLICY NUMBER 14627205 CONTINUED UNTIL TERMINATED IF CHECKED 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED 1 BASIC BROAD SPECIAL i COVERAGE/PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIB BuildingBusmessPersonalProperty- OccurrenceLimit $10,000,000 $1,000,000 Vehicles - Physical Damage - Any One Vehicle $700,000 Vehicles - Physical Damage - Any One Occurrence $10,000,000 $1,000,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAME AND ADDRESS The City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 USA ADDITIONAL INSURED H LENDERS LOSS PAYABLE j`J LOSS PAYEE MORTGAGEE LOAN k AUTHORIZED REPRESENTATIVE yy -AN r i ociyorrlc Arnon rneGnQATInM All —.—A P- CRUCERO BUS SERVICE TRAIN STATION USE AGREEMENT THIS TRAIN STATION U E AGREEMENT ("Agreement") is entered into, effective as of 2008 ("Effective Date"), by and among THE CITY OF PALM SPRINGS a California charter city ("City"), and CRUCERO USA, a ("User"). RECITALS A. WHEREAS Greyhound Lines, Inc. is the nation's largest provider of intercity bus transportation, serving more than 2,600 destinations with 18,000 daily departures across the country; and B WHEREAS Greyhound Lines, Inc. serves a diverse customer base, offering passengers everyday low walk-up fares, and is uniquely positioned to serve a broad and growing market; and C. WHEREAS Crucero USA is a wholly-owned subsidiary of Greyhound Lines, Inc., whereby Crucero operates as a regional carrier for Greyhound. D. WHEREAS Greyhound and Crucero are interested in relocating the prior Greyhound Palm Springs Bus Depot from 311 N. Indian Canyon Drive in downtown Palm Springs to a City-owned facility located on Garnet Station Road, the Palm Springs Train Station. E. WHEREAS Crucero operates a regional and intercity bus service that provides transportation from Palm Springs and cooperates with its parent, Greyhound Lines, Inc. on providing nationwide intercity bus service. F. WHEREAS the City owns the Train Station located on Garnet Station Road in Palm Springs, California ("Facility"), The Facility is used by Amtrak to load and unload intercity rail passengers- G. WHEREAS Amtrak does not use the Facility full time. Crucero desires to use the Station during to provide a location for loading and unloading bus passengers. H. WHEREAS the proposed use of the Facility by User will benefit the City by, among other things, providing intercity bus transportation service to and from the City of Palm Springs. NOW THEREFORE, the parties hereto agree as follows: 1. USE AGREEMENT SUMMARY. Certain fundamental Agreement provisions are presented in this Section and represent the agreement of the parties C\DOCIIMCltis and Sp{p p g3\MII,OFtDuA10 P\CruCQ,u TLIIn Sltrl inn UJ a Agreument-New DUOS w JR comments doe pp 7J'til'V1�Li�nT`��1L:o�4-.iV�urw VT hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Agreement. In the event of any conflict between any fundamental Agreement provision and the balance of this Agreement, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear 1.1 Facility. The "Facility" shall refer to that certain real property located in the City of Palm Springs, County of Riverside, State of California, as depicted on the Plot Plan attached as Exhibit "A" hereof and identified as the Palm Springs Train Station, Garnet Station Road, Palm Springs, CA. 1.2 Commencement Date/Term. The term of this Agreement shall commence on the date of execution by both parties. This Agreement shall be for ninety (90) days, subject to extension under the same terms and conditions by mutual agreement of the parties. Agreement shall continue for the period specified therein unless earlier terminated as provided herein 1.3 Rental/Compensation User shall pay to City a monthly user fee of $500.00 for the use of the Facility 1 A Use of Facility. The non-exclusive use of the Facility and any User improvements to be installed by User may be utilized for the following use. Bus Transportation Terminal and associated vehicular circulation, parking and incidental uses for the purpose of providing inter-city bus service to and from the City of Palm Springs to the public. 1. The specific hours of operation shall be mutually agreed upon by City and User. 2. User may use all areas of the Facility including parking, the platform, restrooms and other common areas. 1.5 Facility Staffing. User will provide its own equipment, equipment operators, maintenance/cleaning staff, etc. for use during the bus service operation period. User will provide ticket sales staffing in connection with bus services, either through its own staff or through an independent contractor or franchisee. At any time during the term of this Agreement that a Crucero or Greyhound bus uses the facility to load or unload passengers, a Crucero staffer, contractor, or other representative must be on-site to provide customer assistance. In addition, User shall report to City on a regular basis, not less than twice per week on bus service activities/schedule and any other relevant issues that may anse. The reporting shall include when staff was present at the location to greet or serve passengers, any stops that occurred where staff was not present, and reports of any incidents with the restrooms or any other facility. This correspondence can be conducted through email or fax to City staff in a format to be proposed by User with the approval of City staff. 1.6 Revenues. User is entitled to all bus passenger revenue from the use of the site. 2. Rules and Regulations. User shall comply with all policies, rules and regulations of the City then in effect for bus transportation services, including insurance requirements, indemnification of the Station and its owners and employees for damage or injuries incurred (other than from the negligence of the Station or its employees), signage use, health and safety restrictions, parking requirements, hours of operation and licensing/permitting requirements. Additionally, Exhibit "B" contains Rules and Regulations for the Site. 3. Expansion. In the event User elects to expand its use under this Agreement, User and the City shall enter into a written lease agreement upon terms and conditions to be negotiated at such time. The City has prepared a draft long term written lease agreement which is currently under review by Crucero and is expected to be executed at the termination of this use agreement. It is understood that Crucero is working on the design and location of a permanent building to be used for bus service ticketing, waiting, and restrooms for their customers. 4. General. 4.1 Notices. Any notice to any party provided for or pursuant to this Agreement shall be given by: personal delivery; certified or registered mail (return receipt requested and postage prepaid); nationally recognized overnight courier service such as Federal Express, UPS or United States Postal Service (freight or postage prepaid); or transmission via facsimile, with confirmation copy of the notice sent by certified or registered mail (return receipt requested and postage prepaid), and transmission confirmation retained by the sender, and shall be delivered to the receiving party at the address stated below, or at such other address as such party may designate by written notice to the other party from time to time in accordance with the provisions of this Section, Any notice that is personally delivered shall be deemed delivered upon receipt. Any notice that is delivered by certified or registered mail shall be deemed delivered four (4) business days after the postmark. Any notice that is delivered by overnight delivery shall be deemed delivered upon receipt as confirmed by the overnight courier service. Any notice that is transmitted via facsimile prior to 4:00 pm PST shall be deemed delivered on that business day, and if transmitted after 4:00 pm PST or on a federal or state holiday or weekend shall be deemed delivered as of the next business day. To City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Attn. City Manager 3 To User: Crucero USA ATTN: Juan Antonio Lopez, Regional Manager 4910 East Olympic Boulevard Los Angeles CA 90022-3832 With Copy to. [Douglas C. Holland, Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 4.2 Time of Essence. Time is expressly deemed to be of the essence of this Agreement and each and every provision hereof 4.3 Integration. All Recital paragraphs and all Exhibits to this Agreement shall be and are hereby made a part of this Agreement. This Agreement (including all Recitals herein, Exhibits hereto, and documents incorporated herein by reference) contains the entire agreement between the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written agreements. Any oral representations or modifications concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by each party. 4A Amendment. This Agreement may not be amended or modified in any manner without the express written agreement of both parties. 4.5 Governing Law, This Agreement, and the rights and obligations of the parties under this Agreement, shall be interpreted and enforced in accordance with the laws of the State of California. 4.6 Further Assurances. Each party agrees to timely execute and deliver such other documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement. 47 Waiver, Any waiver of the breach of any covenant, condition or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or of any other covenant, condition or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing and in compliance with the "Notices" section set forth above. 4.8 Headings. The section headings herein are for convenience of reference only and shall in no way define, increase, limit or describe the scope or intent of any provision of this Agreement. 4.9 Attorneys' Fees. In the event of any litigation or any legal proceedings (including, without limitation, appeals, arbitrations or other alternative dispute mechanisms, and bankruptcy proceedings) between any of the parties arising out of or relating to this Agreement or the alleged breach thereof, or arising out of the 4 relationship between the parties or the transactions(s) underlying this Agreement, or to interpret or enforce this Agreement, or should this Agreement be the basis for any defense in any action brought by any party to this Agreement, then the prevailing party shall be entitled to its reasonable costs and attorneys' fees. 4.10 Assignment. User shall not have the right to assign all or any portion of its rights and obligations under this Agreement to any other person or entity without the prior written consent of the City, which may not be unreasonably withheld, except to an entity that is controlled by User, as applicable, in which case the assignor shall be released from its obligations hereunder 4.11 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the heirs, legal representatives, trustees, successors and permitted assigns of the parties. 4.12 Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 4.13 No Partners. Nothing contained in this Agreement shall be deemed to constitute the parties as partners or joint venturers. 4.14 Representation of Parties by Independent Legal Counsel. In the drafting of this Agreement, each party has been represented by its own counsel. 4.15 Authorized Signatory. Each person signing this Agreement on behalf of an entity warrants that he or she has the authority to sign on behalf of said entity and, if requested, shall deliver a resolution or other written authorization evidencing such authority and consent by the partnership, corporation or limited liability company to be bound by this Agreement. 4.16 Counterparts/Facsimiles. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. This Agreement will be considered executed and legally binding when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. 4,17 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement. 5. Signs. User shall not place or permit to be placed any sign that is not approved in advance in writing by the City, or that is not in compliance with the sign ordinance of the City of Palm Springs, upon the exterior or in the windows of the 5 Demised Premises. Any sign not constructed in accordance therewith shall be immediately removed by User and, if said sign is not removed by User within ten (10) days of written notice from City to User, then City may remove and destroy said sign without User's approval and without any liability to User. 6. INSURANCE AND INDEMNIFICATION 6.1 Insurance Provided by City. City shall maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to at least ninety percent (90%) of the replacement value of the building containing the Premises, together with such other insurance, coverages and endorsements as may be required by City's lender, or as City may determine in its sole discretion. User hereby waives any right of recovery from City, its officers and employees, and City hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance. User agrees to pay to City its pro rate share of the cost of said insurance to be determined by the relationship that the gross floor area of the Premises bears to the total gross leasable floor area of the building or buildings for which such policy relates. 6.2 Insurance Provided by User. (a) User to Provide Personal Property Insurance. User, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Premises from loss or damage to the extent of their full replacement value. (b) User to Provide Liability Insurance. During the entire term of this Lease, the User shall, at the User's sole cost and expense, but for the mutual benefit of City and User, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises and on any sidewalks directly adjacent to the Premises written on a per occurrence basis in a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) for bodily injury, death, and property damage or provided, however, if City so elects City may provide such insurance and, in such event, User agrees to pay its pro rata share of the cost of said insurance on the same basis as provided in Section 6.1 above- (c) User to Provide Workers' Compensation Insurance. User shall, at the User's sole cost and expense, maintain a policy of workers' compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense For both the User and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the User in the course of conducting User's business in the Premises. (d) General Provisions Applicable to User's Insurance. All of the policies of insurance required to be procured by User pursuant to this Section 6.2 shall be primary insurance and shall name the City, its officers, employees and agents as b i additional insureds. The insurers shall waive all rights of subrogation and contribution they may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice by registered mail to the City. Prior to the Commencement Date or such earlier date as User takes possession of the Premises for any purpose; and at least thirty (30) days prior to the expiration of any insurance policy, User shall provide City with endorsements evidencing the above insurance coverages written by insurance companies acceptable to City, licensed to do business in the state where the Premises are located and rated A:VII or better by Best's Insurance Guide. In the event the Risk Manager of City ("Risk Manager") determines that (1) the User's activities in the Premises creates an increased or decreased risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained, User agrees that the minimum limits of any insurance policy required to be obtained by User may be changed accordingly upon receipt of written notice from the Risk Manager; provided that User shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager. City and User hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Premises, its contents, or User's trade fixtures, equipment, personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage or leakage, and earthquake. Each of the parties, on behalf of their respective insurance companies insuring such property of either City or User against such loss, waives any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as lawful in California and provided further that no policy is invalidated thereby 6.3 Indemnification of City. User, as a material part of the consideration to be rendered to City under this Lease, hereby waives all claims against City for damage to equipment or other personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in, upon or about the Premises and for injuries to persons in or about the Premises, from any cause arising at any time. User agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of User, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Premises or the parking and common areas by User or its employees and customers, or arising from the negligent acts or omissions of User hereunder, or arising from User's negligent performance of or failure to perform any term, provision, covenant or condition of this Lease, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible 7 to the City, and in connection therewith- (a) User will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, (b) User will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of User hereunder, and User agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against User for such damages or other claims arising out of, or in connection with, the negligent performance of or failure to perform the work, operation or activities of User hereunder, User agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys' fees. EXECUTED as of the Effective Date. - ATTEST: CITY OF PALM SPRINGS a municipal corporation B Y. James Thompson ,,r 123 / David H. Ready, J.D- City Clerk 9 City Manager APPROVED O FORM: APPROVED BY CITY MANAGER � By. Do In C. Holland cityttorne 1W CRUCERO USA, a Delaware Limited Liability Compap)i By: 1 u- � Approv d . Eo form i0 COY AIIWev g yG 14 H EXHIBIT "A" TO TRAIN STATION USE AGREEMENT LEGAL. DESCRIPTION OF THE PROPERTY 9 EX4TPJT "A" LEGAL DESCRIPTION Parce? I. That portion of the Southeast quarter of the Nnrc-het quaxtee 7 of Section 22, Township 3 South, Range 4 East, San Bema=l9ru MPxidian, as shown by United. States Govexzu� L survey, which lies southwesterly of the Southw-sterly line of the right of way of Southern Pacific Railroad Ompany, as established by Act of 6engress of march 3, 1875_ Except any portion thereof included within the Past 75 feet of the Southeast quarter of the Nao th t quarter of said Section as conveyed to the County of Riverside by Dar;d recorded July 13, 7950 in Bonk 1188, Page 493, official Records. 262700 EXHIBIT "A" LEGAL ➢E5CRIPTION Parcel 2. All that portion of the Southeast ginner of the northeast quarter of section 22, Township 3 South, Range 4 Fast, San Bernard^n Base and N�si.dian, in the County of Riverside, State of Califo_-mia, as sham by United States Goverr,�t- Survey, particularly descrihed as follays: BegjMLITg at the mint of intersection of the South line of the Southeast quarter Of the Northeast quarter of said Section 22 with the Soutmrsterly line of the right of way'af the Southerxi Pacific Railxnad C�mpauy, as estab shed by Act of C:tigress Month 3, 1875; thence Westerly on the South line of said Southeast quarter of Northeast quarter, 1,071.00 feet to a point 166.00 feet Fa5terly Iran the South-a-ast conger of said Sout-beast quarter of Northeast quarter; thence Northeasterly 747.40 feet to a point in the Southwesterly Line of said railroad xighs of way, said point being 5o0.0o feat Northwesterly on said railroad right of way from the point of beginning; thence Southeasterly on the Southwesterly lane of said railroad right of way, 500.00 feet to the point of beginning; Except any portion thexeof included 1vathiaa the East. 75.00 feet of the Southeast auarter of the i\oxtlzeast auatter of said Section, as descrllxd by deed to the aamty of Riverside, Reooxded Scaly 13, 7.950 in Hook 1100 Page 493 of Official Records of Riverside County, Calitoxnia. EXHIBIT"B" RULES AND REGULATIONS 1. All loading and unloading of passengers and freight shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by City. 2. The User is responsible for maintaining the security of passengers, buses and parked vehicles at the Facility through its own efforts. 3. All of User's refuse and rubbish shall be removed on a regular basis at User's sole cost and expense. User shall not burn any trash or garbage of any kind in, about or upon the Facility. User shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time by City. 4. No radio or television or other similar device audible outside the facility shall be installed without obtaining in each instance the written consent of City. No aerial shall be erected on the roof, exterior walls or grounds of the Facility without first obtaining in each instance the written consent of City which consent shall not be unreasonably withheld or delayed, Any aerial so installed without such written consent shall be subject to removal without notice at any time. 5. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Facility without first obtaining in each instance written consent of City_ 6. The outside sidewalks and passenger loading areas immediately adjoining the Facility shall be kept clean and free from dirt and rubbish by User to the reasonable satisfaction of City, and User shall not place or permit any obstructions or merchandise in such areas, except to the extent specifically permitted by the provisions of User's lease. 7. User will not allow animals, except seeing-eye dogs, in, about or upon the Facility. 8. User shall not use, and shall not allow anyone else to use, the Facility as a habitation, Such prohibition shall include, without limitation, sleeping, eating or bathing. 10 EXHIBIT "C" TO TRAIN STATION USE AGREEMENT INSURANCE REQUIREMENTS-SPECIAL PROVISIONS Requirements for personal property insurance under Section 6.2 (a) is waived. CRUCERO BUS SERVICE TRAIN STATION USE AGREEMENT THIS TRAIN STATIO USE AGREEMENT ("Agreement") is entered into, effective as of G' 5, 2007 ("Effective Date"), by and among THE CITY OF PALM S RING , a California charter city ("City"), and CRUCERO USA, a ("User")- RECITALS A- WHEREAS Greyhound Lines, Inc. is the nation's largest provider of intercity bus transportation, serving more than 2,600 destinations with 18,000 daily departures across the country; and B. WHEREAS Greyhound Lines, Inc. serves a diverse customer base, offering passengers everyday low walk-up fares, and is uniquely positioned to serve a broad and growing market; and C. WHEREAS Crucero USA is a wholly-owned subsidiary of Greyhound Lines, Inc-, whereby Crucero operates as a regional carrier for Greyhound. D, WHEREAS Greyhound and Crucero are interested in relocating the prior Greyhound Palm Springs Bus Depot from 311 N. Indian Canyon Drive in downtown Palm Springs to a City-owned facility located on Garnet Station Road, the Palm Springs Train Station, E. WHEREAS Crucero operates a regional and intercity bus service that provides transportation from Palm Springs and cooperates with its parent, Greyhound Lines, Inc- on providing nationwide intercity bus service- F. WHEREAS The City owns the Train Station located on Garnet Station Road in Palm Springs, California ("Facility"). The Facility is used by Amtrak to load and unload intercity rail passengers. G. WHEREAS Amtrak does not use the Facility full time. Crucero desires to use the Station during to provide a location for loading and unloading bus passengers- H. WHEREAS The proposed use of the Facility by User will benefit the City by, among other things, providing intercity bus transportation service to and from the City of Palm Springs, NOW THEREFORE, the parties hereto agree as follows: 1. USE AGREEMENT SUMMARY. Certain fundamental Agreement provisions are presented in this Section and represent the agreement of the parties C MOCUME-I WOMO—I NOR,[OCALS—IlIcinp\Cmccm'I min Slytion Uhc ASmLincnt.doc W�SC�.r}u^V�Ie rw n¢i hereto, subject to further definition and elaboration in the respective referenced Sections and elsewhere in this Agreement. In the event of any conflict between any fundamental Agreement provision and the balance of this Agreement, the latter shall control. References to specific Sections are for convenience only and designate some of the Sections where references to the particular fundamental lease provisions may appear. 1.1 Facility. The "Facility" shall refer to that certain real property located in the City of Palm Springs, County of Riverside, State of California, as depicted on the Plot Plan attached as Exhibit "A" hereof and identified as the Palm Springs Train Station, Garnet Station Road, Palm Springs, CA. 1.2 Commencement Date/Term. The term of this Agreement shall commence on the date of execution by both parties. This Agreement shall be for ninety (90) days, subject to extension under the same terms and conditions by mutual agreement of the parties. Agreement shall continue for the period specified therein unless earlier terminated as provided herein_ 1.3 Rental/Compensation. User shall pay to City a monthly user fee of $500.00 for the use of the Facility. 1.4 Use of Facilitv. The non-exclusive use of the Facility and any User improvements to be installed by User may be utilized for the following use: Bus Transportation Terminal and associated vehicular circulation, parking and incidental uses for the purpose of providing inter-city bus service to and from the City of Palm Springs to the public. 1. The specific hours of operation shall be mutually agreed upon by City and User. 2. User may use all areas of the Facility including parking, the platform, restrooms and other common areas. 1.5 Facility Staffing. User will provide its own equipment, equipment operators, maintenance/cleaning staff, etc, for use during the bus service operation period. User will provide ticket sales staffing in connection with bus services, either through its own staff or through an independent contractor or franchisee. At any time during the term of this Agreement that a Crucero or Greyhound bus uses the facility to load or unload passengers, a Crucero staffer, contractor, or other representative must be on-site to provide customer assistance. 1.6 Revenues. User is entitled to all bus passenger revenue from the use of the site_ 2. Rules and Regulations. User shall comply with all policies, rules and regulations of the City then in effect for bus transportation services, including insurance 2 requirements, indemnification of the Station and its owners and employees for damage or injuries incurred (other than from the negligence of the Station or its employees), signage use, health and safety restrictions, parking requirements, hours of operation and licensing/permitting requirements. Additionally, Exhibit "B" contains Rules and Regulations for the Site. 3. Expansion. In the event User elects to expand its use under this Agreement, User and the City shall enter into a written lease agreement upon terms and conditions to be negotiated at such time. 4. General. 4.1 Notices. Any notice to any party provided for or pursuant to this Agreement shall be given by: personal delivery; certified or registered mail (return receipt requested and postage prepaid); nationally recognized overnight courier service such as Federal Express, UPS or United States Postal Service (freight or postage prepaid); or transmission via facsimile, with confirmation copy of the notice sent by certified or registered mail (return receipt requested and postage prepaid), and transmission confirmation retained by the sender, and shall be delivered to the receiving party at the address stated below, or at such other address as such party may designate by written notice to the other party from 'Lime to time in accordance with the provisions of this Section. Any notice that is personally delivered shall be deemed delivered upon receipt. Any notice that is delivered by certified or registered mail shall be deemed delivered four (4) business days after the postmark. Any notice that is delivered by overnight delivery shall be deemed delivered upon receipt as confirmed by the overnight courier service. Any notice that is transmitted via facsimile prior to 4:00 pm'PST shall be deemed delivered on that business day, and if transmitted after 4:00 pm PST or on a federal or state holiday or weekend shall be deemed delivered as of the next business day. To City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Attn: City Manager To User: Crucero USA ATTN: Juan Antonio Lopez, Regional Manager 4910 East Olympic Boulevard Los Angeles CA 92262 With Copy to: Douglas C. Holland, Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 4.2 Time of Essence. Time is expressly deemed to be of the essence 3 of this Agreement and each and every provision hereof. 4.3 Integration. All Recital paragraphs and all Exhibits to this Agreement shall be and are hereby made a part of this Agreement. This Agreement (including all Recitals herein, Exhibits hereto, and documents incorporated herein by reference) contains the entire agreement between the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written agreements. Any oral representations or modifications concerning this Agreement shall be of no force and effect excepting a subsequent modification in writing signed by each party. 4A Amendment. This Agreement may not be amended or modified in any manner without the express written agreement of both parties. 4.5 Governing Law, This Agreement, and the rights and obligations of the parties under this Agreement, shall be interpreted and enforced in accordance with the laws of the State of California. 4.6 Further Assurances. Each party agrees to timely execute and deliver such other documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement 4.7 Waiver. Any waiver of the breach of any covenant, condition or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or of any other covenant, condition or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing and in compliance with the "Notices" section set forth above. 4.8 Pleadings. The section headings herein are for convenience of reference only and shall in no way define, increase, limit or describe the scope or intent of any provision of this Agreement. 4.9 Attorneys' Fees. In the event of any litigation or any legal proceedings (including, without limitation, appeals, arbitrations or other alternative dispute mechanisms, and bankruptcy proceedings) between any of the parties arising out of or relating to this Agreement or the alleged breach thereof, or arising out of the relationship between the parties or the transactions(s) underlying this Agreement, or to interpret or enrorce this Agreement, or should this Agreement be the basis for any defense in any action brought by any party to this Agreement, then the prevailing party shall be entitled to its reasonable costs and attorneys' fees. 4,10 Assignment. User shall not have the right to assign all or any portion of its rights and obligations under this Agreement to any other person or entity without the prior written consent of the City, which may not be unreasonably withheld, except to an entity that is controlled by User, as applicable, in which case the assignor shall be released from its obligations hereunder- 4 I 4.11 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the heirs, legal representatives, trustees, successors and permitted assigns of the parties. 4.12 Severability, In the event that any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 4.13 No Partners. Nothing contained in this Agreement shall be deemed to constitute the parties as partners or joint venturers. 4.14 Representation of Parties by Independent Legal Counsel, In the drafting of this Agreement, each party has been represented by its own counsel. 4.15 Authorized Signatory. Each person signing this Agreement on behalf ct an entity warrants that he or she has the authority to sign on behalf of said entity and, if requested, shall deliver a resolution or other written authorization evidencing such authority and consent by the partnership, corporation or limited liability company to be bound by this Agreement. 4.16 Counterparts/Facsimiles. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. This Agreement will be considered executed and legally binding when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature. 4.17 No Third Party Beneficiaries. This Agreement is made solely far the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement. 5. Signs. User shall not place or permit to be placed any sign that is not approved in advance in writing by the City, or that is not in compliance with the sign ordinance of the City of Palm Springs, upon the exterior or in the windows of the Demised Premises. Any sign not constructed in accordance therewith shall be immediately removed by User and, if said sign is not removed by User within ten (10) days of written notice from City to User, then City may remove and destroy said sign without User's approval and without any liability to User. 6. INSURANCE AND INDEMNIFICATION 6.1 Insurance Provided by City. City shall maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to at least S ninety percent (90%) of the replacement value of the building containing the Premises, together with such other insurance, coverages and endorsements as may be required by City's lender, or as City may determine in its sole discretion. User hereby waives any right of recovery from City, its officers and employees, and City hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance. User agrees to pay to City its pro rata share of the cost of said insurance to be determined by the relationship that the gross floor area of the Premises bears to the total gross leasable floor area of the building or buildings for which such policy relates. 6.2 Insurance Provided by User. (a) User to Provide Personal Property Insurance. User, at its expense, shall maintain fire and extended coverage insurance written on a per occurrence basis on its trade fixtures, equipment, personal property and inventory within the Premises from loss or damage to the extent of their full replacement value. (b) User to Provide Liability Insurance. During the entire term of this Lease, the User shall, at the User's sole cost and expense, but for the mutual benefit of City and User, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises and on any sidewalks directly adjacent to the Premises written on a per occurrence basis in a combined single limit of ONE MILLION DOLLARS ($1,000,000.00) for bodily injury, death, and property damage or provided, however, if City so elects City may provide such insurance and, in such event, User agrees to pay its pro rats share of the cost of said insurance on the same basis as provided in Section 6.1 above- (c) User to Provide Workers' Compensation Insurance. User shall, at the User's sole cost and expense, maintain a policy of workers' compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the User and the City against any loss, claim or damage arising from any injuries or occupational diseases Occurring to any worker employed by or any persons retained by the User in the course of conducting User's business in the Premises. (d) General Provisions Applicable to User's Insurance. All of the policies of insurance required to be procured by User pursuant to this Section 62 shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurers shall waive all rights of subrogation and contribution they may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice by registered mail to the City. Prior to the Commencement Date or such earlier date as User takes possession of the Premises for any purpose; and at least thirty (30) days prior to the expiration of any insurance policy, User shall provide City with endorsements evidencing the above insurance coverages written by insurance G companies acceptable to City, licensed to do business in the state where the Premises are located and rated A:VII or better by Sest's Insurance Guide. In the event the Risk Manager of City ("Risk Manager") determines that (i) the User's activities in the Premises creates an increased or decreased risk of loss to the City, (ii) greater insurance coverage is required due to the passage of time, or (iii) changes in the industry require different coverages be obtained, User agrees that the minimum limits of any insurance policy required to be obtained by User may be changed accordingly upon receipt of written notice from the Risk Manager: provided that User shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (1 D) days of receipt of notice from the Risk Manager. City and User hereby waive any rights each may have against the other on account of any loss or damage occasioned by property damage to the Premises, its contents, or User's trade fixtures, equipment, personal property or inventory arising from any risk generally covered by insurance against the perils of fire, extended coverage, vandalism, malicious mischief, theft, sprinkler damage or leakage, and earthquake. Each of the parties, on behalf of their respective insurance companies insuring such property of either City or User against such loss, waives any right of subrogation that it may have against the other. The foregoing waivers of subrogation shall be operative only so long as lawful in California and provided further that no policy is invalidated thereby. 6.3 Indemnification of City. User, as a material part of the consideration to be rendered to City under this Lease, hereby waives all claims against City for damage to equipment or other personal property, trade fixtures, leasehold improvements, goods, wares, inventory and merchandise, in, upon or about the Premises and for injuries to persons in or about the Premises, from any cause arising at any time. User agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of User, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the use of the Premises or the parking and common areas by User or its employees and -;,i customers, errors}ngwrrtE-fadlYrre-of-t�sw-to k�epl -Rretisc�i�lood sa�dit�on• u� fy/,�� and-r�parras-�ereita-fxidedror arising from the negligent acts or omissions of User hereunder, or arising from User's negligent performance of or failure to perform any �- term, provision, covenant or condition of this Lease, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) User will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees incurred in connection therewith; 7 (b) User will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of User hereunder; and User agrees to save and hold the City, its officers, agents, and cmployees harmless therefrom; (c) In the event the City, Its officers, agents or employees is made a party to any action or proceeding fled or prosecuted against User for such damages or other claims arising out of, or in connection with, the negligent performance of or failure to perform the work, operation or activities of User hereunder, User agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys'fees. EXECUTED as of the Effective Date. ATTEST: CITY OF PALM SPRINGS a municipal corporation James Thompson David H. Ready, J City Clerk t��� Z City Manager APPfipvEtY / o FORM: APPROVED By CITY MANAGER By: �C rkz oh, Doy�g9as C. Holland 1 AU f Ci y Attorney i u rxYdi - ,` %i rf, CRUCERC USA, a 12kL CCf'e cerperatiorq- 3 ' 0f ' r7/err rr� Sri t�S.rU7 t —fi \��t�'r"ftc^ (Wt •N Din^,� t�f�;�i,�'-�rrJ� I sippra d s By s EXHIBIT "A" TO TRAIN STATION USE AGREEMENT LEGAL DESCRIPTION OF THE PROPERTY c) EXHIBIT "A" LEGAL DESCRIPTION Parcel 1. That portion of the Southeast rntarrer of the Northeast quarter of Section 22, ` bmnship 3 South, Range A Past, San Bernardino Mf^ridian, as sbc7,n by United. states Government survey, which lies south7esterly of the Soutbw, sterly line of the right of cry of Southern Pacific Railroad GmpaYiy, as established by Act of Congress of March 3, 1875. E cept any portion thereon included within the East: 75 feet of the Southeast quarter of the Northeast quarter of said Section as corn yed to the County of Riverside by Deed recorded July 13, ]35O in Book 1138, Page 493, Official Records. E7XBIT "A" LEGAL DESCRIPTION Parcel. 2 A11 that portion of the. Southeast qhh er of the northeast quarter of section 22, Ttwnship 3 South, Range 4 East, San Be=ardino Ease and M--ridian, in the Co=ty of Riverside, State of California, as shown by United States CDvexnT�Esit Su---vey, palticala=ly described as follows: Re-drming at the point of intersection of the South line of the Southeast quarter of the Northeast quarter of said Section 22 with the Southwesterly line of the right of way'of the Southem Pacific Railroad Cmpany, as established by Act of Congress March 3, 1875; thence Westexly on the South line or said southeast quarter of Northeast quarter, 1,071.00 feet to a point 166.00 feet Easterly frau the Southwest comer of said Southeast quarrex• of Ibrtheast quarter; thence Northeasterly 747,40 feet to a point in tip Southwesterly line of said -s� right of way, said point being 500.0o feet- Ngxtlauestezly on said railroad right of way from the point of bgjbm J; thence Southeasterly on the Southwesterly line of said railroad right of way, 500.00 feet to the paint of begixzing; E= pt any portion thereof included within the Past 75.00 feet of the southeast qua:xter of the North5a8t quarter of said Section, as descriked by deed to the County of Riverside, Remlded O'uly 13, 1950 in Pock 1100 Page 493 of Official Records of Riverside County, California. EXHIBIT "S" RULES AND REGULATIONS 1. All loading and unloading of passengers and freight shall be done only at the times, in the areas and through the entrances reasonably designated for such purposes by City. 2. The User is responsible for maintaining the security of passengers, buses and parked vehicles at the Facility through its own efforts. 3. All of User's refuse and rubbish shall be removed on a regular basis at User's sole cost and expense. User shall not burn any trash or garbage of any kind in, about or upon the Facility. User shall not place any rubbish or other matter outside any building within the Facility, except in such containers as are authorized from time to time by City. 4. No radio or television or other similar device audible outside the facility shall be installed without obtaining in each instance the written consent of City. No aerial shall be erected on the roof, exterior walls or grounds of the Facility without first obtaining in each instance the written consent of City which consent shall not be unreasonably withheld or delayed. Any aerial so installed without such written consent shall be subject to removal without notice at any time. 5. No loudspeakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Facility without first obtaining in each instance written consent of City_ 6. The outside sidewalks and passenger loading areas immediately adjoining the Facility shall be kept clean and free from dirt and rubbish by User to the reasonable satisfaction of City, and User shall not place or permit any obstructions or merchandise in such areas, except to the extent specifically permitted by the provisions of User's lease. 7. User will not allow animals, except seeing-eye dogs, in, about or upon the Facility. 8. User shall not use, and shall not allow anyone else to use, the Facility as a habitation. Such prohibition shall include, without limitation, sleeping, eating or bathing. 10 EXHIBIT "C TO TRAIN STATION USE AGREEMENT INSURANCE REQUIREMENTS-SPECIAL PROVISIONS Requirements for personal property insurance under Section 6.2 (a) is waived. CERTIFICATE OF LIABILITY INSURANCE DA 0927/2022 (MM/DO/VYYY) 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 Aon Risk services southwest, Inc. Dallas TX Office CONTACT ' PHONNE (AIC.W.EXgo (866) 283-7122 aC (800) 363-0105 EMAIL ADDRESS: 5005 Lyndon 8 Johnson Freeway suite 1500 INSURER(S) AFFORDING COVERAGE NAIC m Dallas TX 75244 USA INSURED INSURERA: National Union Fire Ins CO of Pittsburgh 19445 Greyhound Lines, Inc. 350 N St Paul street Dallas 7X 75275201 USA Dal INSURER B: AIU Insurance Company 19399 p y Casualty INSURER C: ACE Property & Clsy insurance Co. 20699 INSURER D: INSURER E: INSURER F: COVERAGES C E H I IFICAI E NUMREH: O YU090J144 4 REVISIUN 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. Limits shown are as requested LT TYPE OF INSURANCE I SD WVD POUCYNUMBER M DI D LIMITS X COMMERCIAL GENERAL BILITY LM GL EACH OCCURRENCE $10,000,000 CLAIMS -MADE ❑X OCCUR PREMISES Eapccunshce $$, 000, 000 MEO EXP(Any one person) $5,000 PERSONAL a ADV INJURY $10,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 10,0 0, 000 X POLICY E] PRO. JECT ElLOC PRODUCTS - COMPIOP AGO $10,000,000 OTHER: A AUTOMOBILE LIABILITY AL 7031017 04/01/202210/15/2022 COMBINED SINGLE LIMIT EA Accident) $10,000,000 AIDS BODILYINIURY(Perperem) A X ANY AUTO AL 7031019 04/01/2022 10/15/2022 BODILY INJURY (Per flmMem) S OWNED SCHEDULED AUTOS ONLY AUTOS NONOWNEO ONLY AUTOS ONLY HIREDAUTOS H VA AL 7031018 NA 04/01/2022 10/15/2022 PROPERTY DAMAGE Per accident) C X UMBRELLA LIAR EXCESS LIAR N OCCUR CUUMS-MADE XEUG 5 SIR applies per policy terns 1 & condi ions EACH OCCURRENCE $5,000,006 AGGREGATE $5,000,000 DED I X IRETENTK)N IS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER I EXECUTIVE YIN OFFICEBAIEMBER EXCLUDED? ❑N (Mandatory In NH) NIA WC ADS WC065885825 CA 04/01/2022 04/01/2023 X PERSTATUT I ORH E.L. EACH ACCIDENT $3, 000, 000 E.L. DISEASEEA EMPLOYEE $3,000,000 11 yes, tlescriba under DESCRIPTION OFOPERATIONS bale. E. L. DISEASE -POLICY UNIT $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD fat, Additional Remarks Schedule, may he attached it more space Is required) Re: Agreement No.A5688 City of Palm Springs is. included as Additional Insured in accordance with the policyprovisions of the General Liability and. Automobile Liability policies. General Liability and Automobile Liability policie rein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accords . olicy's provisions. A waiver of subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability policy. OCT 0 4 2022 v CERTIFICATE HOLDER CANCELLATION utce UL L(le ldLy werK3 The city of Palm springs Office of the city Clerk 3200 E. Tahquitz Can on way Palm Springs CA 92262 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. / RS i! ACORD 25 (2016/03) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I-, v 'Certificate No: 570095574439 AON The City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 USA Tuesday, September 27, 2022 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570095574439) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 17755 1 Aon P.O. Box 1447 Lincolnshire, IL 60069 A57�0 o a A`OR(Jw CERTIFICATE OF LIABILITY INSURANCE _DATE( 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(tes) 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 Aon Risk Services Southwest, Inc.PHONE(866) Dallas TX Office CONTACT NAME: 283-7122 R'ix (800) 363-0105 (A(C.W.EXt): AIC. No.: EMAIL ADDRESS: 5005 Lyndon B Johnson Freeway Suite 1500 Dallas Tx 75244 USA INSURER(S) AFFORDING COVERAGE NAJC a INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Greyhound Lines, Inc. 350 N St Paul street Dallas TX 75201 USA INSURER B: AIU Insurance Company 19399 INSURER C: ACE Property & Casualty Insurance Co. 20699 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570095572773 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. Limits shown are as requested meR TYPE OF INSURANCE INSp 501HPOLICY NUMBER DD/Y LDS X COMMERCIAL GENERAL LIABILITY L EACH OCCURRENCE $10, 000, 000 CLAIMS -MADE �X OCCUR PREMISES 6a oocccunence $5, 000, 000 MED EXP (Any one Person) $ 5 , 000 PERSONAL A ADV INJURY $10,000,000 GENLAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE $10.0001000 % POLICY ❑dEOT ❑ LOC PRODUCTS - COMP/OP AGG $101000,000 OTHER: A AUTOMOBILE LIABILITY AL 7031017 04/01/2022 10/15/2022 COMBINED SINGLE UMrT $10,0001000 ADS BODILY INJURY (Per person) A X ANY AUTO AL 7031019 04/01/2022 10/15/2022 BODILY INJURY (Per accklen0 B OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY VA AL 7031018 04/01/2022 10/15/2022 PROPERTY DAMAGE PeraaWenl C X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE XEUG7 51 SIR applies per policy terns 1 & condl iions EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X RETENTION B B WORKERS COMPEISATIONAND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICENMEMBER EXCLUDED? (Mandatory In NH) NIA WC AOS WC065885825 CA 04/01/2022 04/01/2023 X PERSTATUTE R E.L. EACH ACCIDENT S3,000,000 E.L. DISEASE -EA EMPLOYEE $3,000,000 U11 yee,descdbeunder SCRIPTION OF OPERATIONS beta DE E.L DISEASE-POUCV LIMIT $3,000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addluonal Remarks Schedule, mry M Mtached N more space Is Ism ulred) RE: The Palm Springs Train station 9 Garnet station Road. The City Of Palm Springs, its officers, Employees and Agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE OCT 0 4 2022 POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE office of the city Clerk Palm SpringshCAi92262nUSA w�' fflCe OP the City Cie � �.119011, 3m! �� JL 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570095572773 AON City of Palm Springs Office of the City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 USA Tuesday, September 27, 2022 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570095572773) for future renewals: RM - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 177551 Aon P.O. Box 1447 Lincolnshire, IL 60069 A57�0 o a A`OR(Jw CERTIFICATE OF LIABILITY INSURANCE _DATE( 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(tes) 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 Aon Risk Services Southwest, Inc.PHONE(866) Dallas TX Office CONTACT NAME: 283-7122 R'ix (800) 363-0105 (A(C.W.EXt): AIC. No.: EMAIL ADDRESS: 5005 Lyndon B Johnson Freeway Suite 1500 Dallas Tx 75244 USA INSURER(S) AFFORDING COVERAGE NAJC a INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 Greyhound Lines, Inc. 350 N St Paul street Dallas TX 75201 USA INSURER B: AIU Insurance Company 19399 INSURER C: ACE Property & Casualty Insurance Co. 20699 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570095572773 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. Limits shown are as requested meR TYPE OF INSURANCE INSp 501HPOLICY NUMBER DD/Y LDS X COMMERCIAL GENERAL LIABILITY L EACH OCCURRENCE $10, 000, 000 CLAIMS -MADE �X OCCUR PREMISES 6a oocccunence $5, 000, 000 MED EXP (Any one Person) $ 5 , 000 PERSONAL A ADV INJURY $10,000,000 GENLAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE $10.0001000 % POLICY ❑dEOT ❑ LOC PRODUCTS - COMP/OP AGG $101000,000 OTHER: A AUTOMOBILE LIABILITY AL 7031017 04/01/2022 10/15/2022 COMBINED SINGLE UMrT $10,0001000 ADS BODILY INJURY (Per person) A X ANY AUTO AL 7031019 04/01/2022 10/15/2022 BODILY INJURY (Per accklen0 B OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY VA AL 7031018 04/01/2022 10/15/2022 PROPERTY DAMAGE PeraaWenl C X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE XEUG7 51 SIR applies per policy terns 1 & condl iions EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X RETENTION B B WORKERS COMPEISATIONAND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICENMEMBER EXCLUDED? (Mandatory In NH) NIA WC AOS WC065885825 CA 04/01/2022 04/01/2023 X PERSTATUTE R E.L. EACH ACCIDENT S3,000,000 E.L. DISEASE -EA EMPLOYEE $3,000,000 U11 yee,descdbeunder SCRIPTION OF OPERATIONS beta DE E.L DISEASE-POUCV LIMIT $3,000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addluonal Remarks Schedule, mry M Mtached N more space Is Ism ulred) RE: The Palm Springs Train station 9 Garnet station Road. The City Of Palm Springs, its officers, Employees and Agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE OCT 0 4 2022 POLICY PROVISIONS. City of Palm Springs AUTHORIZED REPRESENTATIVE office of the city Clerk Palm SpringshCAi92262nUSA w�' fflCe OP the City Cie � �.119011, 3m! �� JL 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Certificate No: 570095572773 AON City of Palm Springs Office of the City Clerk 3200 East Tahquitz Canyon Way Palm Springs CA 92262 USA Tuesday, September 27, 2022 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery, Aon will begin delivering our Certificates of Insurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certificate No: 570095572773) for future renewals: RM - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. If your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 177551 Aon P.O. Box 1447 Lincolnshire, IL 60069