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HomeMy WebLinkAbout0237C - DESERT COMMUNITY COLLEGE District - TAX INCREMENT PASSTHRU PA9 Desert Community College Tax Increment Pass-thru PA9 AGREEMENT #237 R685, 4-4-90 AGREEMENT FOR COOPERATION BETWEEN THE DESERT COMMUNITY COLLEGE DISTRICT, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AND THE CITY OF PALM SPRINGS 1. PARTIES AND DATE 1 . 1 THIS AGREEMENT ENTERED INTO IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THIS DAY OF 19•$9'� ETWEEN THE DESERT COMMUNITY COLLEGE DISTRICT, A PUBLIC AGENCY (DISTRICT) , AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, A PUBLIC BODY (AGENCY ) AND THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION (CITY) . 2. RECITALS 2. 1 WHEREAS AGENCY IS PROPOSING TO UNDERTAKE A PROGRAM UNDER THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000 ET SEC) KNOWN AS REDEVELOPMENT PROJECT AREA # 9 (PROJECT) FOR THE REDEVELOPMENT, DEVELOPMENT, REPLANNING AND REDESIGN OF BLIGHTED AREAS WITHIN THE CITY. 2. 2 WHEREAS THE DISTRICT IS IN RECEIPT OF ORDINANCE NO. 1321 ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, ON DECEMBER 29 , 1988 AUTHORIZING THE REDEVELOPMENT OF AN AREA WITHIN THE TERRITORIAL LIMITS OF THE CITY OF PALM SPRINGS BY THE REDEVELOPMENT AGENCY FOR THE CITY OF PALM SPRINGS. 2. 3 WHEREAS AS DEFINED IN SECTION 33353. 2, THE DISTRICT IS AN AFFECTED TAXING ENTITY WHICH HAD BONDED INDEBTEDNESS AND GENERAL PURPOSE PROPERTY TAXES LEVIED ON ITS BEHALF BY THE COUNTY OF RIVERSIDE ON ALL OF THE PROPERTY LOCATED IN THE PROPOSED REDEVELOPMENT PROJECT AREA IN FISCAL YEAR 1988-89. 2.4 WHEREAS THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW AUTHORIZED REDEVELOPMENT AGENCIES TO PAY TO ANY TAXING AGENCY WITH TERRITORY LOCATED 'WITHIN A PROJECT AREA OTHER THAN THE COMMUNITY WHICH HAS ADOPTED THE PROJECT, ANY AMOUNTS OF MONEY WHICH IN THE AGENCY DETERMINATION IS APPROPRIATE TO ALLEVIATE ANY FINANCIAL BURDEN OR DETRIMENT CAUSED TO ANY TAXING AGENCY BY A REDEVELOPMENT PROJECT. 2. 5 WHEREAS DISTRICT AND AGENCY RECOGNIZE THE NEED TO PROVIDE ADEQUATE PUBLIC SCHOOL FACILITIES TO SERVE THE PROJECT OR THE IMMEDIATE NEIGHBORHOOD IN WHICH 'THE PROJECT IS LOCATED IN ORDER TO ASSIST IN ELIMINATING BLIGHTING CONDITIONS AND HAVE DETERMINED THAT SUCH FACILITIES, BOTH IN AND OUT OF THE PROJECT AREA, ARE OF PRIMARY BENEFIT TO THE PROJECT AREA OR THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND THAT REDEVELOPMENT FINANCING IS THE ONLY MEANS OF FINANCING ALL OR A PORTION OF THE REHABILITATION, CONSTRUCTION, AND RECONSTRUCTION OF SUCH PUBLIC SCHOOL FACILITIES IN CONJUNCTION WITH OTHER AVAILABLE DISTRICT FINANCING. 2 . 6 DISTRICT HAS SUBMITTED OBJECTIONS AND HAS SUBSTANTIATED BY DATA AND INFORMATION SUBMITTED TO THE AGENCY THE EXTENT AND SCOPE OF THE PROJECT' S FINANCIAL IMPACT ON THE DISTRICT. 2.7 DISTRICT AND AGENCY WISH TO ENTER INTO A COOPERATIVE AGREEMENT BETWEEN THEMSELVES TO PROVIDE MUTUAL AID AND ASSISTANCE IN THE REDEVELOPMENT, DEVELOPMENT AND PHYSICAL IMPROVEMENTS OF CERTAIN AREAS OF THE PROJECT AREA THROUGH THE CONSTRUCTION AND INSTALLATION OF PUBLIC SCHOOL FACILITIES, BUILDINGS AND STRUCTURES OR OTHER IMPROVEMENTS INCLUDING PLANNING AND ENGINEERING COSTS DIRECTLY RELATED TO SUCH CONSTRUCTION AND INSTALLATION, HEREINAFTER COLLECTIVELY REFERRED TO AS "PUBLIC SCHOOL FACILITIES" , AND AGENCY AND DISTRICT HAVE A COMMON INTEREST IN AMD WISH TO FACILITATE REDEVELOPMENT AND TO PROVIDE FOR THE COOPERATION OF DISTRICT AND AGENCY IN CARRYING OUT THE REDEVELOPMENT ACTIVITIES, GOALS AND OBJECTIVES SET FORTH IN THE REDEVELOPMENT PLAN. 2. 8 IT IS THE INTENT AMD DESIRE OF THE DISTRICT AND AGENCY TO EXPEDITE AND FACILITATE THE IMPLEMENTATION OF ELIGIBLE PROJECTS BY THE DISTRICT WHICH ARE INSIDE OR OUTSIDE THE PROJECT AND WHICH PRIMARILY BENEFIT SAID PROJECT AND THE GOALS AND OBJECTIVES OF THE REDEVELOPMENT PLAN. TO THIS END AND IN ACCORDANCE WITH ITS POLICIES, RULES , AND REGULATIONS , THE DISTRICT WILL EXPEND THE REVENUES PAID TO IT PURSUANT TO THIS AGREEMENT FOR THE EFFECTIVE IMPLEMENTATION OF THE REDEVELOPMENT PLAN, ITS GOALS AND OBJECTIVES . NOW THEREFORE IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS : 3. TERMS 3 . 1 FIFTY PERCENT ( 50%) OF ALL TAXES ATTRIBUTABLE TO THAT AREA WITHIN THE TERRITORIAL LIMITS OF THE DISTRICT RESULTING FROM AN INCREASE IN THE ASSESSED VALUATION OF THE PROJECT AREA OVER THE BASE YEAR WHICH WOULD OTHERWISE HAVE BEEN LEVIED UPON TAXABLE PROPERTY IN THE PROJECT AREA BY OR FOR THE BENEFIT OF THE DISTRICT AND WHICH ARE ALLOCATED TO AGENCY PURSUANT TO SECTION 33670 (b) (TAX INCREMENT) SHALL BE PAID BY AGENCY INTO A TRUST FUND TO BE ADMINISTERED BY AND FOR THE EXCLUSIVE BENEFIT OF THE DISTRICT AND DESIGNATED AS THE "DESERT COMMUNITY COLLEGE TRUST FUND" HEREINAFTER CALLED "FUND" . PAYMENTS INTO THE FUND SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 3 . 8 OF THIS AGREEMENT WHEREBY AN AMOUNT NOT TO EXCEED 20 % OF THE DISTRICT FUND MAY BE USED BY THE AGENCY TO SATISFY THE REQUIREMENTS OF HEALTH AND SAFETY CODE SECTION 33334 . 2 FOR LOW AND MODERATE INCOME HOUSING. EXHIBIT "A" ATTACHED IS A SAMPLE OF THE CALCULATION REFERENCED IN 3 . 1 AND 3 . 8 AND IS MADE A PART OF THIS AGREEMENT FOR INTERPRETIVE PURPOSES. i • 3 . 2 THE PROCEEDS OF THE "FUND" INCLUDING ACCRUED INTEREST SHALL BE TO PAY THE PRINCIPAL OF AND INTEREST ON LOANS , MONEY ADVANCED TO, OR INDEBTEDNESS, (WHETHER FUNDED, REFUNDED, ASSUMED OR OTHERWISE) INCURRED BY DISTRICT TO FINANCE OR REFINANCE, IN WHOLE OR IN PART, THE REHABILITATION,CONSTRUCTION OR RECONSTRUCTION OF NEW OR EXISTING PUBLIC SCHOOL FACILITIES AND FOR ANY OTHER PURPOSE ENUMERATED IN SECTION 3 . 3 . 1 . WHEN THE ANNUAL DEBT SERVICE FOR SUCH LOANS , ADVANCES AND INTEREST THEREOF, HAVE BEEN PAID IN ANY ONE YEAR, ALL MONIES THEREAFTER RECEIVED FROM TAXES IN THAT YEAR IN ACCORDANCE WITH SECTION 3 . 1 OR ANY LESSER PORTION THEREOF AGREED TO BY THE PARTIES , ATTRIBUTABLE TO DISTRICT, UPON THE TAXABLE PROPERTY-WITHIN THAT PORTION OF SUCH REDEVELOPMENT PROJECT INCLUDED WITHIN THE TERRITORIAL LIMITS OF DISTRICT SHALL CONTINUE TO BE PAID TO "FUND" PURSUANT TO THIS AGREEMENT. 3 . 3 THE DISTRICT SHALL ANNUALLY ADOPT A BUDGET AND A CAPITAL IMPROVEMENT PROGRAM SETTING FORTH THE REHABILITATION, CONSTRUCTION, RECONSTRUCTION OR OTHER ACTIVITIES BEING UNDERTAKEN. THE DISTRICT SHALL SUBMIT ITS BUDGET PLAN TO THE AGENCY IN ACCORDANCE WITH THE "CRITERIA FOR USE OF FUND" ENUMERATED IN SECTION 3 . 3 . 1 AND THE AGENCY SHALL APPROVE OF 'THE BUDGET AS LONG AS THE BUDGET PLAN ADHERES TO THE CRITERIA ESTABLISHED IN SECTION 3 . 3 . 1 AND IS IN CONFORMANCE WITH THE REDEVELOPMENT PLAN. SUCH APPROVAL PROCESS SHALL INCLUDE FINDINGS THAT THE BUDGET AND PROJECTS ARE IN CONFORMANCE WITH THE GOALS, OBJECTIVES AND INTENT OF THE REDEVELOPMENT PLAN AND THIS AGREEMENT. THE DISTRICT AGREES TO CONSTRUCT, INSIDE OR OUTSIDE 'THE PROJECT AREA, FACILITIES NECESSARY TO HOUSE STUDENTS AT SUCH TIME AS ENROLLMENT PROJECTIONS INDICATE THAT SUCH FACILITIES ARE NECESSARY AND AT SUCH TIME AS BOND FUNDS OR OTHER FUNDING FOR SUCH CONSTRUCTION IS PROVIDED BY PLEDGING TAX INCREMENT FOR PAYMENT OF BONDED OR OTHER INDEBTEDNESS. 3 . 3 . 1 CRITERIA FOR USE OF FUND THE PROCEEDS OF THE FUND SHALL BE UTILIZED FOR THE FOLLOWING PURPOSES , OR AS HEREINAFTER MAY BE AGREED UPON BETWEEN THE DISTRICT AND THE AGENCY: 1 . REHABILITATION, CONSTRUCTION AND/OR RECONSTRUCTION OF: A. PERMANENT OR TEMPORARY CLASSROOMS , B . GYMS , ATHLETIC OR RECREATIONAL FACILITIES, AND POOLS , C. LIBRARY, AUDITORIUM AND SCHOOL SITE ADMINISTRATION FACILITIES , D. DISTRICT ADMINISTRATIVE OFFICE, MAINTENANCE AND WAREHOUSING FACILITIES , AND BUS MAINTENANCE FACILITIES, E. OFF SITE PUBLIC IMPROVEMENTS SUCH AS SIDEWALKS CROSSWALKS LIGHTS , CURBS, GUTTERS AND STREETS, F. LANDSCAPING, IRRIGATION AND LIGHTING AND G. OTHER ANCILLARY FACILITIES AND EQUIPMENT APPURTENANT TO A SCHOOL FACILITY TO MAKE SUCH FACILITIES OPERABLE . 2. ACQUISITION OF PROPERTY FOR PUBLIC SCHOOL FACILITIES , DISTRICT ADMINISTRATIVE AND OTHER SUPPORT SERVICES. 3 . DESIGN,PLANNING, ADMINISTRATIVE AND ENGINEERING COSTS EQUIVALENT TO NOT MORE THAN 20o OF THE ACQUISITION, REHABILITATION, CONSTRUCTION OR RECONSTRUCTION COST OF THE SPECIFICALLY DESIGNATED PROJECT. 3 .4 THE MONIES REQUIRED TO BE PAID INTO THE FUND BY THIS AGREEMENT SHALL BE PAID TO FUND NOTWITHSTANDING ANY AGENCY BOND RESOLUTION OR INDENTURE PROVIDING FOR THE ISSUANCE TO TAX ALLOCATION BONDS , OR OTHER FORMS OF INDEBTEDNESS INCURRED BY AGENCY UNDER THE COMMUNITY REDEVELOPMENT LAW INCLUDING REVENUES TO BE DISTRIBUTED TO OTHER AFFECTED TAXING ENTITIES TO ALLEVIATE ANY FINANCIAL BURDEN OR DETRIMENT CAUSED BY AGENCY 'S PROJECT, EXCEPT AS MAY THEREAFTER BE MUTUALLY AGREED UPON. 3 . 5 THAT PORTION OF TAXES WHICH ARE TO BE ALLOCATED TO AGENCY PURSUANT TO SECTION 33670 (b) AND WHICH ARE TO BE PAID TO THE FUND PURSUANT TO SECTION 3 . 1 SHALL BE ALLOCATED AND PAID TO THE FUND NO 'LATER THAN THIRTY ( 30 ) DAYS AFTER TAXES ARE ALLOCATED AND PAID TO AGENCY BY THE RIVERSIDE COUNTY AUDITOR OR OFFICER RESPONSIBLE FOR THE DISBURSEMENT OF TAXES . 3 .6 THE DISTRICT SHALL BE ALLOCATED, IN ADDITION TO THE PORTION OF TAXES ALLOCATED PURSUANT TO SUBDIVISION (a ) OF SECTION 33670 AND SECTION 3 .1 OF THIS AGREEMENT, ALL OR ANY PORTION OF THE TAX REVENUES ALLOCATED TO AGENCY PURSUANT TO SUBDIVISION (b) OF SECTION 33670 ATTRIBUTABLE TO INCREASES IN THE RATE OF TAX IMPOSED FOR THE BENEFIT OF THE DISTRICT WHICH 'LEVY OCCURS AFTER THE TAX YEAR IN WHICH THE ORDINANCE ADOPTING THE REDEVELOPMENT PLAN BECOMES EFFECTIVE. 3 .7 SPECIAL BONDED INDEBTEDNESS TAXES FOR EXISTING DEBT SERVICE ATTRIBUTABLE TO THAT AREA WITHIN THE TERRITORIAL LIMITS OF THE DISTRICT WHICH WOULD HAVE OTHERWISE BEEN LEVIED UPON TAXABLE PROPERTY IN THE PROJECT AREA BY OR FOR THE BENEFIT OF THE DISTRICT AFTER THE EFFECTIVE DATE OF ORDINANCE NO. 1321 WHICH WOULD HAVE BEEN ALLOCATED TO AGENCY PURSUANT TO SECTION 33670 (b) SHALL CONTINUE TO BE COLLECTED BY THE COUNTY OF RIVERSIDE AMD WHEN SO COLLECTED SHALL BE ALLOCATED AND PAID TO THE DISTRICT AND SHALL BE USED TO PAY THE PRINCIPAL OF AND INTEREST OF EXISTING BONDED INDEBTEDNESS. WHEN SUCH INDEBTEDNESS, IF ANY, AND INTEREST THEREOF, HAS BEEN PAID , ALL MONIES THEREAFTER RECEIVED FROM TAXES ATTRIBUTABLE TO THE DISTRICT UPON THE TAXABLE PROPERTY WITHIN THAT PORTION OF SUCH REDEVELOPMENT PROJECT INCLUDED WITH THE TERRITORIAL LIMITS OF PROJECT SHALL BE ALLOCATED PURSUANT TO SECTION 33670 . 3 .8 TAX INCREMENT ALLOCATED TO DISTRICT BY AGENCY UNDER THIS AGREEMENT SHALL INCLUDE ALL ALLOCATIONS OF SUCH TAX INCREMENT EXCEPT THAT AN AMOUNT NOT TO EXCEED 20% OF FUNDS COLLECTED PURSUANT TO SECTION 3 . 1 WILL BE DEDUCTED FROM THE FUND FOR THE PURPOSE OF SATISFYING THE REQUIREMENTS OF HEALTH AND SAFETY CODE SECTION 33334. 2. TAX INCREMENT PAYMENTS REDUCED TO DISTRICT UNDER THIS SECTION SHALL BE INCREASED PROPORTIONALLY IN THE EVENT AGENCY REDUCES OR ELIMINATES THE DEPOSIT OF TAX INCREMENT TO AGENCY' S LOW AND MODERATE INCOME HOUSING FUND. 3.9 THE DISTRICT SHALL BE ALLOCATED, IN ADDITION TO THE PORTION OF TAXES ALLOCATED PURSUANT TO SECTION 33670 AND SECTION 3 . 1 OF THIS AGREEMENT, ALL OR ANY PORTION OF THE TAX REVENUES ACCRUED FOR BENEFIT OF THE DISTRICT PURSUANT TO SECTION 33676 ATTRIBUTABLE TO INCREASES IN THE ASSESSED VALUE DUE TO CERTAIN REASSESSMENTS OF PROPERTIES . 4.0 MONIES INCLUDING INTEREST ACCRUED, OTHERWISE REQUIRED BY THIS AGREEMENT TO BE PAID TO DISTRICT BY AGENCY MAY BE RETAINED IN WHOLE OR PART BY AGENCY UPON REQUEST OF DISTRICT. SUCH FUNDS INCLUDING INTEREST SHALL BE ALLOCATED BY AGENCY TO THE FUND AND SHALL BE USED TO PAY ON BEHALF OF THE DISTRICT THE PRINCIPAL OF AND INTEREST ON LOANS , CONSTRUCTION PROJECTS , MONEY ADVANCED TO, OR INDEBTEDNESS (WHETHER FUNDED, REFUNDED, ASSUMED OR OTHERWISE) INCURRED BY AGENCY TO FINANCE OR REFINANCE IN WHOLE OR PART, THE PROJECTS SET FORTH IN SECTION 3 . 3 OF THIS AGREEMENT. 4 . 1 IF AFTER THIS AGREEMENT IS EXECUTED, THE STATE OF CALIFORNIA ENACTS LAWS OR POLICIES TO CONFLICT WITH ALL OR ANY PORTION OF THIS AGREEMENT, THE AGENCY AND DISTRICT MAY MUTUALLY AGREE TO EXCUSE PERFORMANCE OF ALL OR ANY PORTION OF THIS AGREEMENT . IN THE EVENT ANY SECTION OR PORTION OF THIS AGREEMENT SHALL BE HELD, FOUND OR DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON WHATSOEVER, THE REMAINING PROVISIONS SHALL REMAIN IN EFFECT, AND THE PARTIES HERETO SHALL TAKE FURTHER ACTIONS AS MAY BE NECESSARY AND AVAILABLE TO THEM TO EFFECTUATE THE INTENT OF THE PARTIES TO ALL PROVISIONS SET FORTH IN THIS AGREEMENT. 4 . 2 IF EITHER PARTY COMMENCES LITIGATION AGAINST THE OTHER FOR THE PURPOSE OF DETERMINING OR ENFORCING ITS RIGHT HEREUNDER OR FOR MONEY DAMAGES FOR A BREACH HEREOF OR FOR OTHER EQUITABLE RELIEF RELATED HERETO, THE PREVAILING PARTY SHALL BE ENTITLED TO RECEIVE FROM THE LOSING PARTY, ATTORNEY FEES IN AN AMOUNT DETERMINED BY THE COURT, TOGETHER WITH COSTS REASONABLY INCURRED IN PROSECUTING OR DEFENDING SUCH ACTION. 4 .3 DISTRICT AND AGENCY MUTUALLLY AGREE TO ASSIST EACH OTHER IN 'THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS. DISTRICT AND AGENCY SHALL SUPPLY TO ONE ANOTHER SUCH INFORMATION AND REPORTS AS FROM TIME TO TIME EITHER MAY REQUIRE TO UNDERTAKE TI4EIR RESPECTIVE OBLIGATIONS . CITY OF PALM SPRINGS a i DATED �� ) �'�} MAYOR ATTEST: CITY CLERK ��_ c_ •'l T__ COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SP . GS / DATED (J f 'L� R�'�/��✓ 'T�_�—_ CHAIRMAN J,��� ATTEST: °obff SECRETARY 77 DESERT COMMUNITY COLLEGE DISTRICT y� DATED PRESIDENT =d N ATTEST: SECRETARY 6 AIPPqovE0 BY l Ng t,;Umm 96,4fY AGENCY BY RES. NO. �/-5 -�rJ AP MVED AS TO :;13 ?c_ fob- PlS9J EXHIBIT A PALM SPRINGS UNIFIED SCHOOL DISTRICT AND THE REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS SAMPLE OF PASS-THROUGH CALCULATION Given: 1 ) Current Year Assessed Valuation $1, 100,000 2 ) Base Year Assessed Valuation $500, 000 3) Tax Growth From Base Year $600,000 4 ) Tax Increment Generated (Approx . l%) $ 6, 000 5 ) Amount Generated by District (Approx. 30% ) '$ 1 , 800 6) 40% Distribution to District $ 720 7 ) 40% Distribution to Agency $ 720 8 ) 20% Low/Moderate Income Housing $ 360 8 --va1 DDPAINT-01 DNIELSEN 1 CERTIFICATE OF LIABILITY INSURANCE Dfl1212912023 1 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 endorsements). PRODUCER License 1110757776 c TACT Maribel Felix HUB International Insurance Services Inc. 75030 Gerald Ford Drive Suite 201 RECEIVED Palm Desert, CA 92211 PHONE FAX INC, No, Ext: (AK%, No): E , maribel.felix@hubintemational.com INSUREMS) AFFORDING COVERAGE NAIC# INSURER A:GuideOne Mutual Insurance Company 15032 INSURED INSURERB:GuideOne Insurance Company 16032 INSURER c: Everest Premier Insurance Company 16045 D D Painting, Inc. 68380 Kieley Road Office of the City Clerk Cathedral City, CA 92234 D: IN NSU. E: INSURER F: rOVFRAriFS CFRTIFICATF NHMRrP- REVISION NUMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY UP DMA A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE TOCCUR X X 70K100761-02 10/16/2023 10115/2024 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED (Ea owurferawl 100,00PREMISES MEDEXP An one rson 5,000 PERSONAL B ADV INJURY 1,000,000 GENLAGGREGATE LIMIT APPLIES PER r� POLICY a JERCOT LOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OP AGG 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO OVMED SCHEDULED AURTEO�S ONLY X AUpTTOSSV,r.�Ep Ix AUTOS ONLY X AUTOS ONLY X X 70KI00761-02 10/15/2023 10/1512024 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per arson S BODILY INJURY Peraccitl �eRd nt AMAGE UMBRELLA LIAS EXCESS LIAR OCCUR CLAIMSMADEAGGREGATE EACH OCCURRENCE DEC) RETENTIONS C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ ANY PROPRIETORIPARTNERrIXECUTIVE ❑N OFFICpER,MEMBERq EXCLUDED? (Mandatory In NH) It yyes, desaiee under DESCRIPTION OF OPERATIONS behest NIA 7600022087241 1/1/2024 1111202$ Y PER OTH- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE -EA EMPLOYEE 1 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Equipment Floater 70K100761-02 10116/2023 10/15/12024 Rental Equipment 5,000 DESCRIPTION OF OPERA TONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If mores ce Is wired) The City of Palm Springs, its officials, employees and agents are included as Additional Insureds pert ie attached endorsement. This insurance is primary and non-contributory over any insurance. Waiver of Subrogation applies to all policy per attached endorsement 30 Days writtep� i *`vj� ¢ ban to the Named Insured should any of the above policies be cancelled before the expiration date. r1Ll-.L.l �/ ri19 N 0 3 2024 cqx Hall CERTIFICATE HOLDER CANCELLATION r,eceuiiun OeSK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 AUTHORIZED�REPREESSE/NTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD _ POLICY NUMBER: 70KI00761 02 00 CA COMMERCIAL AUTO CA 04 44 10 13 (AutoBlktWaiver) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: D D Painting, Inc. Endorsement Effective Date: SCHEDULE Blanket where required by written contract. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 (AutoBlktWaiver) © Insurance Services Office, Inc., 2011 Page 1 of 1 �L POLICY NUMBER: 70K100761 02 00 CA COMMERCIAL AUTO GO CA Al 2003 (07 20) (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement chances the policy effective on the ince tion date of the policy unless another date is indicated below. Endorsement effective GuideOne Insurance Company Named Insured Countersigned by D D Painting, Inc. (Authorized Representative) WHO IS AN INSURED (under Section II — Liability Coverage, A.1) is amended to include as an "insured" the person or organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" you own if. 1) You are obligated to add that person or organization, as an additional insured to this policy by: a. an expressed provision clan "insured contract", or written agreement_ or b. an expressed condition of a written permit issued to you by a governmental or public authority; and 2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: a. You executed the "insured contract" or written agreement; or b. The permit has been issued to you. Blanket as required by an expressed provision of an "insured contract", or written agreement; or an expressed condition of a written permit issued to you by a governmental or public authority and effective during the policy period as stated on the policy declarations. GO CA Al 2003 (0720) (Blkt) Page 1 of 1 POLICY NUMBER: 70K100761 02 00 CA COMMERCIAL GENERAL LIABILITY CG 20 10 1219 (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract and effective Primary Insurance applies: It is agreed that such during the policy period as stated on the policy insurance as is afforded by this policy for the declarations. benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any -- claim, loss or liability allegedly arising -out of the operations of the named insured or its subcontractors, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 1219 (Blkt) © Insurance Services Office, Inc., 2018 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 1219 (Blkt) 1 POLICY NUMBER: 70K100761 02 00 CA COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 (Blkt) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract - -- and effective -during the policy period as stated on -the policy declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 0412 19 (Blkt) © Insurance Services Office, Inc., 2018 Page 1 of 1