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HomeMy WebLinkAbout04484 - EARTH SYSTEMS INDIAN BARISTO ENVIRONMENTAL SITE ASSESSMENT Page: 5 Report: Expired Contracts: Oldest Date= / / and XREF= ENGINEERING -Summary October 22, 2003 Contract Number Description Approval Date Expiration Date Closed Date i A4484 Phase 11 Indian/Baristo Assessment, 4-26-02 04/26/2002 06/01/2002 Contractor:Earth Systems Southwest Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4485 Swim Center Renovation &Skate Park Construction 04/24/2002 04/01/2003 77 Contractor :Site Design Group Insurance Status: G(Gl L XREF: ENGINEERING Service: In File A4486 1-10 & Palm Drive/gene Autry Trail, Aesthetic Treatment 04/24/2002 04/01/2003 Contractor :Parsons Brinckerhoff Insurance Status: XREF: ENGINEERING Service: In File A4522-1 Change Order#6 Tahquitz Cyn Way Signal Interconnect 05/21/2003 07/01/2003 Contractor :D B X, Inc. Insurance Status: XREF: ENGINEERING Service: In File A4533 W W T P Boundary Survey, C. P. 02-07 06/10/2002 12/01/2002 Contractor :The Keith Companies Insurance Status: XREF: ENGINEERING Service: In File A4569 Plan Check Services 09/18/2002 09/01/2003 Contractor :Engineering Resources Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4594 Sunrise Way Traffic Signal Interconnect 11/26/2002 10/01/2003 Contractor :Steiny And Company Insurance Status: XREF: ENGINEERING Service: In File 10 a 3 �_ �t eeq'x�'j lhL (�dn � C G�'lG.czv /j '%iid � _ Earth Systems Southwest Phase II Indian Baristo Env AGREEMENT #4484 CM signed 4-26-02 CONTRACT SERVICES AGREEMENT FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT FOR NWC SOUTH INDIAN CANYON DRIVE AND BARISTO ROAD THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 2 7day of Feb. 2002, by and between the THE CITY OF PALM SPRINGS, a municipal corporation (herein "City") and EARTH SYSTEMS SOUTIIWEST (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 DOLLARS ($13,000.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. qu"w,i'"t:C'I'r 6;J7 Phase II -Indian &Baristo t 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Scot A. Stormo 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. Director of Community and Economic 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 tern 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 $1,000,000.00 or (ii) bodily injury limits of$500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (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 Phase II -Indian &Baristo 2 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 $500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of$1.000,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit A All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. 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 they are of a financial category Class VII or better, unless such requirements are waived by the City Manager 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, Phase I1-Indian &Baristo 3 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 until ,Tune 30, 2002 . 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. 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 Employ. 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 became due to the Contractor or to its successor, or for breach of any obligation of the terns 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 Phase I1 -Indian &Baristo 4 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 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 Phase II - Indian &Baristo 5 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 (1) 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. (SIGNATURE PAGE FOLLOWS) Phase II -Indiui&Baristo 6 THE CITY OF PALM SPRINGS, a municipal corporation ate- City Manager l� a (Check one: _Individual _ Partnership Corporation) TTE CONTRACTOR: EARTH SYSTEMS 7j SOUTHWEST City Clerk �� — (Notarized Signature) �+ S " -- 57`bse;,0 1j;e-<,- 5{r c�- Print Name & Title Corporations require two notarized sionalures: One From each of the Following A. Chairman of Board, President, any Vice President AND B.Secretary, Assistant Secretary,Treasurer, By: Assistant Treasurer, or ChneF Financial Officer). gigllatllre) ��ac f3rGo4.11 61C-:0 Print Name & Title Mailing Address: 79-811 B Country Club Dr. Agreement over/Eder '25,000 Bermuda Dunes, CA 92201 Reviewed and approved by Procurement & Contracting Initials 13LL Date c P.O.Number APPROVW 6YTHECITYls AWGER OKI Phase II-Indian &Baristo 7 EXHIBIT "A" SCOPE OF SERVICES 1. A geophysical survey will be conducted to look for buried metallic objects. A metal detector will be used to scan suspect areas in a serpentine pattern using a spacing of approximately 5 feet. Ground Penetrating Radar (GPR) will be used to identify the depth, size and layouts of any subsurface objects identified by the metal detector. 2. Up to five borings will be drilled to a maximum depth of 30 feet at locations to be determined during the geophysical survey, or (if no buried metallic objects are identified) in areas likely to have had USTs or dispensers based on the historical aerial photographs. Soil samples will be collected at five-foot intervals to evaluate geologic conditions and assess the degree of contamination present in the soil at these locations. The soils will be examined in the field for indications of contamnation. The borings will be backfilled with bentonite cement after drilling. Soil and wash water will be placed in drums for offsite disposal. 3. Selected soil samples will be analyzed for the following: • Total Petroleum Hydrocarbons as gasoline (TPHg) using EPA method 8015M; • Total Petroleum Hydrocarbons as diesel (GPHd) using another version of EPA method 8015M; and, • Volatile Organic Compounds (VOCs), which includes MtBE and related compounds, using EPA method 8260. It is anticipated that a total of 15 soil samples (three from each boring) for TPHg and VOCs, and up to 5 samples (where contamination is detected) for TPHd will be analyzed. Fewer samples will be tested for TPHd because diesel was not a common fuel at the time the site was a gas station. 4. A report will be prepared which describes the activities and findings, and presents conclusions and recommendations regarding the lateral extent of contamination and the threat to the drink water aquifer posed by the release. Phase II-Indian &Baristo 8 EXHIBIT "B" SCHEDULE OF COMPENSATION TOTAL FEE: $ 13,000.00 The proposal is for services to be provided on a time-and-expense basis in accordance with the current fee schedule. Fees to perform the proposed scope of work are estimated below. Geophysical Survey $ 1,600 Drill 5 Borings to 30 Feet 5,200 Laboratory Analysis (15 soil samples) 3,700 Report Preparation & Project Management 2,500 Subtotal $ 13,000 Note: Soil disposal is not included in the fee presented above. If the soils are not contaminated, they can be disposed for about $500. Disposal is the responsibility of the client. Phase I1 -Indian &Baristo 9 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �k'�'4'r.��.5�52^�•L'�'�•C�.�..��':G�'4�'ti<'•4..�4'�'-4'C:G�':G��':4�'ti(`..4'c'�'C_4�':4Y'5����'�'9-., State of California County of Riverside ss. On March 1, 2002, before me, Carole Graves Dale Name and TIIIe of O lacer(e g Jane Doe,Notary Public) personally appeared Scot Stormo , Nane(e)of 9 robns) xx 7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personO whose name) is/** subscribed to the within instrument and acknowledged to me that he/s**Wexecuted the same in his/I authorized capacity(iK and that by his/hXxxxx �I signature(3O on the instrument the person(8% or CAROLS GRAVES the entity upon behalf of which theperson" Commission#1266089 z r(�;,•,;;; Notary Public-California f acted, executed the instrument. ai Riverside County My comm.Expires 1un2200d WITNESS my hand and official seal. [�6�1�11E EG�Cii t.. Place Notary Seal Above 9gn re alu off Net.,P bhc P.blb OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fiDescription of Attached Document I Title or Type of Document: Contract Services Agreement Environmental Services 7 Document Date: 02-27-02 Number of Pages: Pages Slgner(s) Other Than Named Above: n.a. at the time notarization I Capacity(ies) Claimed by SianerI Signer's Name: Scot -Stormo Individual Top o1 mun,o ner6 �' X Corporate Officer—Tltle(s) Vice President ❑ Partner—C Limited E General ❑ Attorney In Fact ❑ TrusteeI J Guardian or Conservator ❑ Other. 1 Signer Is Representing Earth Systems Southwest ,e 1999 Ndlwnal Nolary Assoc,allon•9350 Do Solo Ava,PO Be.2402•ChN.ern,CA 912132412•wwrvnaLonalnolaryorg Prod No 5907 A,v,drr,Call Toll-Fr,o 1.800-876-6827 • i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California d� fi ss. County of 50cx \V\S On Mtr,(Oc% -) 4.1bo,�,, before me, Lo-\r �'\pS"LQA%vj2t�o�oSv�v�D�yc j'I Date Name and The of Officer(e&. Jad,Doe,Notary Pubho") �>I personally appeared J@CO\ to Qn C $ I, Names)of Signer(s) fill 2-l5iersonally known to me tl ❑ proved to me on the basis of satisfactory j evidenceI to be the person(s) whose name(s) is/are subscribed to the within inTru;rerF and acknowledged to me that he/she/they executed ELAINE MARIE RODRIGUEZ the same in his/her/their authorized , �J Commission#1242477 z capacity(ies), and that by his/her/their rx- Notary Public-Corifornia n z si natures) on the instrument the person(s), or , San Luis Obispo County J .�- ,I fi my comm.Eigpies Nov 19"2DJ0 the entity upon behalf of which the person(s) 3 acted, executed the instrument. WIT ESS my hand and officfa s I Place Notary Seal Above Signature of Netery P.M. �,II I�I OPTIONALI fiThough the information below is not required by law,it may prove valuable to persons relying on the document I� and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: >i Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by SignerI Signer's Name: ❑ Individual Top of thumb here QI ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator h ) I` ❑ Other: i f Signer Is Representing: '�I I� ©1997 National Notary Association•9350 Of,Soto Ave,P0.Box 2402•Chatsworth,CA 91313-2402 Prod No.5907 Reorder Call Toll-Free 1-800-876-6827 Client#: 110 E SYST1 ACORD,, CERTIFICATE OF LIABILITY INSURANCE 41251oz'°°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O.Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 INSURERS AFFORDING COVERAGE 510465.3090 Ed!Barrow INSURED INSURER A. Greenwich Insurance Company Earth Systems Southwest _INSURERB. Hartford Fire Insurance Company Attn:Carole Graves INSURERC State Compensation Ins.Fund of CA 79-811B Country Club Drive INSURERD. - Bermuda Dunes,CA 92201 INSURER F. COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDDIYY A GENERAL LIABILITY GEC0001779-02 04/01/02 04/01/03 EACH OCCURRENCE ',$1000000 X COMMERCIAL GENERAL LIABILITYFIREDAMAGE(Anyonefire) I5100oQ0 CLAIMS MADE X OCCUR MED EXP(Any one person) -$$000 PERSONAL&ACV INJURY 51000000 _ X RR Cont.CG2417 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIM ITAPPLIES PER. PRODUCTS-COMPIOP AGG $2000000 X POLICY jECDT LOC B AUTOMOBILELIABILITY 57UUNIF9613 04/01/02 04/01/03 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO - --' -- -- I ALL OWNED AUTOS BODILY INJURY $ -- (Per person) SCHEDULED AUTOS — — -- — — -- X HIRED AUTOS BODILY INJURY $ -- (Per accident) ' X NON-OWNED AUTOS -- —. ---- ----- . . —__ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC ,$ AUTO ONLY. AGG $ EXCESS LIABILITY EACH OCCURRENCE $ POCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND GP541 UT65-01 05/01/01 05/07/02 X TORsLATLLS ova_ EMPLOYERS'LIABILITY GP541UT65-02 05/01/02 05/01/03 E L.EACH ACCIDENT $1,000,000 EL DISEASE-EAEMPLOYEE $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 I OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Phase I&II-Indian&Baristo. The City of Palm Springs,its officers, employees and agents are additional insureds to general&auto liability. Insurance primary. A waiver of subrogation applies to general&auto liability. CERTIFICATE HOLDER ADDNrIONALINSURED;INSURERLETTER: _ CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL J)(RL OYRXXTP MAIL30 DAYS WRITTEN Attn:Community&Economic Development NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BKR5Aq)U16 ARX)16 ARA1XXX 3200 Tahquitz Cyn Way exB¢ax>wmawUaoiKx+mLxenxl»OcxXKxlmatexeAanxXzb�tuirX Palm Springs,CA 92262 rau$Baexlviow.arx AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 Of 1 #M57683 y ECB 0 ACORD CORPORATION 1988