HomeMy WebLinkAbout00377C - SANBORN A/E MERCADO PLAZA PARKING LOT LIGHTING LANDSCAPING Sanborn A/E, Inc.
• Mercado Plaza - Parking Lot
Amend. #1 - Lighting System
AGREEMENT #377C
R1036, 2-4-98
AMENDMENT NO. 1 TO AGREEMENT NO. 377C FOR
PARKING LOT; PLAZA MERCADO
The following article of Agreement No. 377C is hereby amended to read as follows:
2.0 COMPENSATION - Contract Sum. The contract sum is hereby amended
from $13,600.00 to $15,800 by amending the following services to Exhibit A "Scope
of Services:
A. Parking Lot Sighting System:
1. Design the additional parking lot lighting system utilizing the city
standard lighting fixtures.
2. Design lighting system for the bike trail system along Belardo Rd. and
parking lot.
3. Coordinate meter location and electrical service points with So.
California Edison Co.
4. Design all lighting circuits and controls for parking lot and bike trail
lighting systems.
5. Coordinate the lighting fixture locations with Plaza Mercado building
project.
6. Provide all specifications, schedules, details, etc. to insure a complete
and operable lighting system.
A. Construction Cost Estimates:
1. Prepare construction cost estimates for parking lot, based on final
plans.
2. Prepare construction cost estimates for landscaping, based on final
plans.
3. Prepare construction cost estimates for lighting, based on final plans.
Of,d ib'V11 4el4lj
EXHIBIT "B", SCHEDULE OF COMPENSATION:
The added services as described in this amendment will be compensated as
follows:
Lump Sum, $1,700 for Item A above.
Lump Sum, $ 500 for Item B above.
The added fees will be paid upon satisfactory completion of work. Work shall be
completed within 10 working days of contractor's receipt of approval of this
amendment.
Except as specifically amended by this Amendment, all terms and provisions of
Agreement No. 377C, approved by the Community Redevelopment Agency on the 3rd
day of September 1997, Minute Order No. 1030, remain in full force and effect.
DATED this day f vl JU( T, 1998.
SA N Al ' INC.
ATTEST: T OF PALM SPRIN S CALIFORNIA
ate- City Clerly�r;�, ���:rc�-,; � City Manager �,X,Xft 0fff ;
REVIEWED & APPROVED AS TO FORM /,
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Sanborn A/E Inc.
• Mercado Plaza - Parking Lot,
Street & Landscaping Plans
AGREEMENT #377C
R1030, 9-3-97
CITY OF PALM SPRINGS
Engineering Division
CONTRACT SERVICES AGREEMENT FOR
PARKING LOT, STREET PLANS & LANDSCAPING PLANS
MERCADO PLAZA
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made
and entered into this day of , 1917 f
by and between the Community Redevelopment Agency, (herein "City")
and SANBORN A/E, INC. (herein "Contractor") . (The term Contractor
includes professionals performing in a consulting capacity) .
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1 . 1 Scope of Services . In compliance with all of the
terms and conditions of this Agreement, the Contractor shall
perform the work or services set forth in the Scope of Services
attached hereto as Exhibit "A" and incorporated herein by
reference. Contractor warrants that all work and services set
forth in the Scope of Services will be performed in a competent,
professional and satisfactory manner.
1 .2 Compliance With Law. All work and services
rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental agency of
competent jurisdiction.
1 .3 Licenses, Permits, Fees and Assessments .
Contractor shall obtain at its sole cost and expense such licenses,
permits and approvals as may be required by law for the performance
of the services required by this Agreement.
2 .0 COMPENSATION
2 . 1 Contract Sum. For the services rendered pursuant
to this Agreement, Contractor shall be compensated in accordance
with the "Schedule of Compensation" attached hereto as Exhibit "B"
and incorporated herein by this reference, but not exceeding the
maximum contract amount of Thirteen Thousand Six Hundred Dollars
($13, 600.00) ("Contract Sum") .
2.2 Method of Payment. Provided that Contractor is not
in default under the terms of this Agreement, Contractor shall be
paid monthly. p 1'
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AND/OR AGREEMEN?,
2 .2 Method of Payment. Provided that Contractor is not
in default under the terms of this Agreement, Contractor shall be
paid monthly.
3.0 COORDINATION OF WORK
3 .1 Representative of Contractor. John L. Sanborn is
hereby designated as being the principal and representative of
Contractor authorized to act in its behalf with respect to the work
and services specified herein and make all decisions in connection
therewith.
3.2 Contract Officer. Jerry Ogburn is hereby
designated as being the representative the City authorized to act
in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith ("Contract
Officer") . The City Manager of City shall have the right to
designate another Contract Officer by providing written notice to
Contractor.
3. 3 Prohibition Against Subcontracting or Assignment.
Contractor shall not contract with any entity to perform in whole
or in part the work or services required hereunder without the
express written approval of the City. Neither this Agreement nor
any interest herein may be assigned or transferred, voluntarily or
by operation of law, without the prior written approval of City.
Any such prohibited assignment or transfer shall be void.
3 .4 Independent Contractor. Neither the City nor any
of its employees shall have any control over the manner, mode or
means by which Contractor, its agents or employees, perform the
services required herein, except as otherwise set forth.
Contractor shall perform all services required herein as an
independent contractor of City and shall remain under only such
obligations as are consistent with that role. Contractor shall not
at any time or in any manner represent that it or any of its agents
or employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4 . 1 Insurance. The Contractor shall procure and
maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of
insurance:
(a) Comprehensive General Liability Insurance. A
policy of comprehensive general liability insurance written on
a per occurrence basis in an amount not less than either (i) a
combined single limit of $500, 000. 00 or (ii) bodily injury
limits of $250, 000. 00 per person, $500, 000. 00 per occurrence
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and $500, 000. 00 products and completed operations and property
damage limits of $100, 000.00 per occurrence and $100, 000 .00 in
the aggregate.
(b) Worker' s Compensation Insurance. A policy of
worker's compensation insurance in such 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
Contractor 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
Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance. A policy of
comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily
injury liability limits of $250, 000. 00 per person and
$500, 000. 00 per occurrence and property damage liability
limits of $100, 000. 00 per occurrence and $250, 000 . 00 in the
aggregate or (ii) combined single limit liability of
$500, 000. 00. Said policy shall include coverage for owned,
non-owned, leased and hired cars.
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and
agents as additional insureds . The insurer shall waive all rights
of subrogation and contribution it may have against the City, its
officers, employees and agents and their respective insurers . All
of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) days prior
written notice by registered mail to the City. In the event any of
said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in
conformance with this Section 4 .1 to the Contract Officer. No work
or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance or
appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are
approved by the City.
The Contractor agrees that the provisions of this Section 4. 1
shall not be construed as limiting in any way the extent to which
the Contractor may be held responsible for the payment of damages
to any persons or property resulting from the Contractor' s
activities or the activities of any person or persons for which the
Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory
only if issued by companies qualified to do business in California,
rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if
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they are of a financial category Class VII or better, unless such
requirements are waived by the Director of Administrative Services
or designee of the City due to unique circumstances.
4 .2 Indemnification. Contractor 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, including
paying any legal costs, attorneys fees, or paying any judgment
(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 or services of Contractor, its
agents, employees, subcontractors, or invitees, provided for
herein, or arising from the negligent acts or omissions of
Contractor hereunder, or arising from Contractor' s negligent
performance of or failure to perform any term, provision covenant
or condition of this Agreement, but excluding such claims or
liabilities to the extent caused by the negligence or willful
misconduct of the City.
5.0 TERM
5. 1 Term. Unless earlier terminated in accordance with
Section 5.2 below, this Agreement shall continue in full force and
effect until December 31, 1997 .
5.2 Termination Prior to Expiration of Term. Either
party may terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall
immediately cease all work or services hereunder except as may be
specifically approved by the Contract Officer. In the event of
termination by the City, Contractor shall be entitled to
compensation for all services rendered prior to the effectiveness
of the notice of termination and for such additional services
specifically authorized by the Contract Officer and City shall be
entitled to reimbursement for any compensation paid in excess of
the services rendered.
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6.0 MISCELLANEOUS
6. 1 Covenant Against Discrimination. Contractor
covenants that, by and for itself, its heirs, executors, assigns
and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, "or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No
officer or employee of the City shall be personally liable to the
Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become
due to the Contractor or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of
the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which effects his
financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for
obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document,
consent, approval, or communication either party desires or is
required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid,
first-class mail, in the case of the City, to the City Manager and
to the attention of the Contract Officer, CITY OF PALM SPRINGS,
P.O. Box 2743, Palm Springs, California 92263, and in the case of
the Contractor, to the person at the address designated on the
execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall
be construed in accordance with the meaning of the language used
and shall not be construed for or against either party by reason of
the authorship of this Agreement or any other rule of construction
which might otherwise apply.
6. 6 Integration; Amendment. It is understood that
there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and
all previous negotiations, arrangements, agreements and
understandings, if any, between the parties, and none shall be used
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to interpret this Agreement. This Agreement may be amended at any
time by the mutual consent of the parties by an instrument in
writing.
6.7 Severability. In the event that part of this
Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the
remaining portions of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the
parties hereunder unless the invalid provision is so material that
its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
6. 8 Waiver. No delay or omission in the exercise of
any right or remedy by a nondefaulting party on any default shall
impair such right or remedy or be construed as a waiver. A party' s
consent to or approval of any act by the other party requiring the
party's consent or approval shall not be deemed to waive or render
unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be
in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
6. 9 Attorneys' Fees. If either party to this Agreement
is required to initiate or defend or made a party to any action or
proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled
to reasonable attorney' s fees, whether or not the matter proceeds
to judgment.
6. 10 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized
to execute and deliver this Agreement on behalf of said party,
(iii) by so executing this Agreement, such party is formally bound
to the provisions of this Agreement, and (iv) the entering into
this Agreement does not violate any provision of any other
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date first written above.
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CITY:
CO I Y REDE OP AGENCY
Executive Director
ATTEST:
�j ✓� S Assistant Secretary
Cu E5' I �f.
APPROVED AS TO FORM:
Agency Catz el
[SIGNATURES CONTINUED ON NEXT PAGE]
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CONTRACTOR:
SANBORN A/E, INC.
1%�
Name: / ' John L. Sanborn
Title 1 Vice-President
Address : 1227 S . Gene Autry Tr. , #C
Palm Springs, CA 92264
[END OF SIGNATURES]
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EXHIBIT "A"
SCOPE OF SERVICES
Sanborn A/E, Inc. (SAE) will provide the following services :
1 . Topographic Map
(a) SAE will prepare an aerial topographic map of the site
at a scale of 1" = 201 . The mapping will include a 50
foot strip of the surrounding property.
2 . Improvement Plans
(a) Parking Lot:
(1) SAE will prepare one set of parking lot improvement
plans including lighting, at a scale of 1" = 401 . We
estimate that 4 sheets will be required including a
title/detail sheet. The plans will be prepared to the
standards of the City of Palm Springs.
(2) SAE will prepare a hydrology study for the parking
lot design.
(b) Belardo Road: SAE will prepare one set of plan and
profile street improvement plans at a scale of 1" = 40' . We
estimate that 2 sheets will be required including the title
sheet. SAE will provide the necessary field survey cross
sections to prepare said plans . The plans will be prepared to
standards of the City of Palm Springs.
3 . Landscape Plans:
SAE, in association with TKD Associates, will prepare
landscape and irrigation plans for the parking lot and Belardo Road
improvements. These plans will include design and construction
drawings of the Heritage Trail along Belardo Road.
The following are not included in our "Scope of Services":
• Traffic signal relocation design
• Environmental analysis of any kind
• Participation in procurement of permits
• Payment of fees, taxes, assessments or other charges
• Printing and reproductions
EXHIBIT "A"
PS2\276\099999-3000\2022693.2 m09/22/95
0
EXHIBIT "A"
SCOPE OF SERVICES, Continued
SAE will provide the above-described services for a fee as follows :
1 . Topographic Mapping ($3, 000. 00) , City portion $1, 800. 00
Based on the total site, including the proposed
Mercado Plaza and Palm Canyon portion. If parking
lot/Belardo Rd. only, the topo mapping fee would be
$2, 500 . 00)
2 . Improvement Plans $7, 100. 00
3 . Landscaping Plans $4, 500. 00
4 . Reimbursables $ 200 .00
Total Fees: $13, 600. 00
EXHIBIT "A"
SCOPE OF SERUGES,. Continued
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0 0
EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor' s compensation for work described on attached Exhibit A
will be $13, 600. 00, paid upon satisfactory completion of work.
EXHIBIT "B"
FS2\276\099999-3000\2022693.2 m06/22/95
a/1/►'�I►® RTIFr#t AIM\IG D6H5I97
m6DU6 n _� THIS CERTIFICATE IS ISSUED MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON TRTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Dealey, Denton 6 Associates POLICIES BELOW.
License #0020739 ... .... .. .... ... .... ...... . ..... ..... ..... ... ..... .... ..... .. ....
575 Anton Boulevard, Suite 530 COMPANIES AFFORDING COVERAGE
Cosh Mesa CA 92626
COMPANY A Fireman's Fund G
LETTER
...
. ...
COMPANY B St. Paul Fire & Marine
INSURED LETTER
NY
Sanborn A 8 E LEOTTTER C Design Prof. Ins. Co. ,,�%t(VhL
1227 S. Gene Autry Trail Ste C COMPANY D
Palm Springs CA 92264 LETTER k! l7
COMPANY E
LETTER
COPRA
THIS IS TO CERTIFY THAT THE POLICIES OF INSUHANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
...., ... . . .... ... . ........I .... .... .. ... .. ..., .. ... -... . . . .. .... ..... ,..I
CO TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE POLICY EXPIRATION : LIMITSOR DATE (MMIDDp9') DATE(MMIDDIM
...: .... ..... .... ..... .... ... .. .. ..... ... ...... ...... ..... ..... '. .. ..... ..... .... ..... ...i... ...... ................. ...... .... . ............. .... ....
B GENERAL LIABILITY - RP06644890 07/10/97 07/10/98 GENERAL AGGREGATE :$ 2,000,000
X COMMERCIAL GENERAL LIABILITY ` PRODUCTS-COMPIOP AEG. 'T 2,000,000
.. { .... ....... ...... ... ..
CLAIMS MADE X OCCUR, PERSONAL S ADV.INJURY !S 1,000,000
i OWNER'S 6 CONTRACfOTS PROT. : ` EACH OCCURRENCE .$ 1,000,000
.. ...... ..... ..... . .. ... ... ..... ...... .....
FIRE DAMAGE(Any one fire) :S IN,CLU,DED
MED.EXPENSE(Any ono person)'$ 5,000
.... ..... ........... ....... .... .... .... .... .... .... .... ... .... ... ...... ... .... ... ..., .. .... ....... ....... ..... ..... ... .. ..... ..., ...... .....
B (AUTOMOBILE LIABILITY RP06644890 07/10/97 07/10/98 COMBINED SINGLE
i ANY AUTO :LIMIT 'S 1,000,000
',..... ...... ... .... ..... ...........
ALL OWNED AUi05 i BODILY INJURY f$
SCHEDULED AUTOS '(Per person)
f X HIRED AUTOS :BODILY INJURY ;$
X .'NON-OWNED AUTOS j(Per accident)
! .... ..... ....... ...... . .........
... ..... . .......
GARAGE LIABILITY
:PROPERTY DAMAGE :5
EXCESS LIABILITY EACH OCCURRENCE :$
:UMBRELLA FORM AGGREGATE :$
OTHER THAN UMBRELLA FOAM
WORKER'S COMPENSATION i X STATUTORY LIMITS
A : AND WZP80678745 07/10/97 07/10/98 :EACH ACCIDENT ;$ 1,000,000
' DISEASE-POLICY LIMIT $ 1,000,000
..... .... .. .... ..:. .... ........ ..... .......
EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE ,$ 1,000,000
OTHER
C, "PROFESSIONAL LIABILITY PL509571-01 07/10/97 07/1019B ;EACH CLAIM 1,000,000
:ANNUAL AGGREGATE 1,000,000
-DESCflIPTION-OF-iPERATIONSrLOCATIONSNEHICLESISPEC W.ITEMS
RE: ALL OPERATIONS OE THE NAMED INSURED COVERED BY THE POLICY *FOR PROFESSIONAL LIABILITY COVERAGE THE
TIII i1Y-OrFAL-M'SPRY'NG,3 dF•!-S-OFF-I-C-ERS-EMPtOYEES-AND-AGENTS-nE NAMED AGGREGATE LIMIT IS THE TOTAL. INSURANCE AVAILABLE
AS ADDITIONAL INSUREDS FOR GENERAL LIABILITY PER THE ATTACHED ENDORSEMENT. FOR ALL COVERED CLAIMS PRESENTED WITHIN THE POLICY
RE: ENGINEERING PLAN CHECK SERVICES, A3584 PERIOD. THE LIMIT WILL BE REDUCED BY PAYMENTS FOR
(AI.X) INDEMNITY AND EXPENSES. 8-15-97 REVISED.
4R7IFICA7EyHOLUETI r: `' CANCELC'A7[ON. ",y .:I 77 7Iii
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF-, THE ISSUING COMPANY WILL)EKNKXC7D])KREXXXXXX
CITY OF PALM SPRINGS 'i MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Ai7H: JUDITH SUMICH LEFT, elO[M3AXX)VDMXM)C)O)KMXD(MEN)MM )(MR®SJRXNX)OH[S,X KXXERXXXXXXXX}
POST OFFICE BOX 2743 '::' XMRRE)(XM7(MTM(CfXBUEEXKRX�MD201R9G17,U{RR%MTK'l, NYSXH3CR�}dE16'R(TXHWF9CXXXXXX)
PALM SPRINGS CA 92263.2743 +FXCFPT 10 DAYS FOB NON PAYMENI-DEIMEMIUM
:AUTHORIZED REPRESENTATIVE I
SHERALL GRABIAS
740
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e
x
L ENDORSEMENT
i'consideration of an additional premium of N/A, it is hereby understood and agreed that
the following applies:
[X ] ADDITIONAL INSURED
CITY OF PALM SPRINGS,IT'S OFFICERS, EMPLOYEES AND AGENTS
is/are Additional Insured/s as respects to work done by Named Insured.
[ [ PRIMARY COVERAGE
With respect to claims arising out of the operation of the Named Insured, such insurance as
afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the above Additional Insured/s.
[ ] WAIVER OF SUBROGATION
It is understood and agreed that the Company waives the right of subrogation against the above Additional
Insured/s for project described in certificate attached hereto.
[ ] CROSS LIABILITY CLAUSE
The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason
alone, extinguish any rights of one insured against another, but this endorsement, and the naning of multiple
insureds, shall not increase the total liability of the Company under this policy.
[X] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF PALM SPRINGS
P. O. BOX 2743
PALM SPRINGS, CA 92263
In the event the policy is canceled for non-payment of premium, 10 days written notice will be sent to the
above.
Policy No.: RP06644890 Effective Date: 7-10-97
Insurance Company: ST. PAUL FIRE &MARINE
Issued to: SANBORN A & E
�� Issue Date: 8-15-97
Authorized Representative
S. Gradias