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VH Property Corp (2006) CITY OF RANCHO PALOS VERDES AGREEMENT FOR: Management of Rentals at Founders Park This Agreement is made and entered this 18th day of December, 2006, by and between the CITY OF RANCHO PALOS VERDES (hereinafter referred to as "City"), and VH Property (hereinafter referred to as "Contractor")with respect to the following facts and circumstances: the purpose of this Agreement is to memorialize the procedures and policies pertaining to the management by Contractor of public rentals of Founders' Park. RECITALS WHEREAS, City desires to contract with Contractor to perform the services set forth in this agreement, including the Proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Contractor represents that it is fully qualified to perform said services; NOW, THEREFORE, the parties hereto do agree as follows: 1. Scope of Services. Contractor shall manage rentals at Founders Park as set forth in Contractor's Proposal dated April 13, 2006 (Exhibit "A"). The contract is for three years, terminating on December 18, 2009. 2. Compensation. Contractor shall not receive any compensation from the City under the terms of its proposal (Exhibit "A"). Contractor will make payments to the City as detailed in its proposal (Exhibit "A") 3. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as herein set forth. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. 4. Assignment. This agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of City. 5. Responsible Principal. For purposes of this Agreement, Contractor's responsible principal shall be Mike Van Der Goes, General Manager, Director of Golf. The Responsible Principal set forth herein shall be principally responsible for Contractor's obligations under this Agreement and shall serve as the principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without the prior written consent of City. 1 6. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All personnel engaged in the work shall be qualified to perform such services. 7. Termination. This Agreement may be canceled by the City or Contractor at any time without penalty upon ninety (90) days' prior written notice to the otherart . p Y 8. Labor Law Compliance. Contractor agrees to comply with all California labor law requirements applicable to this Agreement and agrees to execute and comply pY with all requirements of the separate Agreement to Comply with California Labor Law Requirements attached hereto as Exhibit "B." 9. Suit; Recovery of Attorney Fees & Costs. Should either party bring anyaction its to protect or enforce rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorney's fees and court costs. 10. Insurance Requirements. The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company with a minimum rating of A in the latest edition of Best's Insurance Guide: (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of$5,000,000.00 combined single limit coverage g against any injury, death, loss or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) automotive liability insurance with a minimum combined single limits coverage of$1,000,000.00; and (3) worker's compensation insurance with a minimum limit of$1,000,000.00 or the amount required by law, whichever is greater. The City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, automotive, and worker's compensation coverage. a. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage. b. Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor. c. Contractor shall submit to the City (1) insurance certificates indicating compliance with the insurance requirements set forth above, and (2) insurance policy endorsements, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto as Exhibit "C.". 2 d. Contractor shall require each of its sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement. e. The insurance provided by Contractor shall be primary to any coverage available to City. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. 11. Indemnification. Contractor agrees to indemnify, hold harmless and defend City, City Council and each member thereof, and every officer, employee and agent of CITY, from any liability or financial loss (including, without limitation, attorney's fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Contractor or any person in employed by Contractor the performance of this Agreement. 12. Notice. Any notice required to be given to Contractor shall be deemed duly Y and properly given upon delivery, if sent to Contractor, postage prepaid, to the . . , p p address provided to City in writing by Contractor or personally delivered to Contractor at such address or any other address subsequently rovided to CITY in writing by Contractor. Any notice required to be given to City shall be deemed duly and properly given upon delivery, if sent to City, postage prepaid, to the address provided to Contractor in writing by City or personally delivered to City at such address or any other address subsequently provided byCITY in writing to Contractor. 13. Entire Agreement. This Agreement represents the entire integrated agreement between City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both City and Contractor. This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 14. Governing Law. The interpretation and implementation of this Agreement shall be governed by the laws of the State of California without regard to the choice of law principles of that State. The parties agree that if any legal action or proceeding is brought to enforce the provisions of this Agreement, it shall be brought in any court of the State of California sitting in Los Angeles County. 15. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. 3 CITY OF RANCHO P S VERDES 4" e ti By: Tom Long, Mayor ATTEST: /71 /_, /0 City Clerk VH Property /01 By: Its: GeN)egAL. MA+•�A��, By: Its: 4 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. 3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On , 20 , before me, the undersigned, appeared known to me to be the of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) 5 Exkli.-6 : f A April 13, 2006 Matt Waters City of Rancho Palos Verdes 30040 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 RE: Proposal to manage Founders Park at Trump National Golf Club Trump National Golf Club proposes that the city review and designate Founders Park as a passive park in order to protect this coastal treasure that provides an incredible ocean view and tranquility to those who use the park. Trump National Golf Club would like to ensure the serenity of the location, maintain the integrity of the game of golf, and provide a composed location for customers and residents using public walking trails and park facilities. Trump National Golf Club does not feel that a passive park will hinder residents or non- residents from a hosting a wedding ceremony or other event in the city of Rancho Palos Verdes. Individuals have access to sites at the historic Wayfarers Chapel, La Venta Inn, and temporarily closed Point Vicente Interpretive Center. Trump National Golf Club currently books Ceremonies and Receptions in our Grand Ballroom and Vista Terrace Lawn area. Trump National Golf Club foresees that allowing ceremonies and other events at Founders Park will be problematic due to the following reasons: ❑ Outside rental services will be using public walkways to deliver equipment and supplies necessary, which could cause disruption for walkers. ❑ The public parking lot will become chaotic and overcrowded, therefore leaving no space available for residents to have access to public walking trails. ❑ Noise from events that will infringe on the quiet that is necessary to the game of golf. Trump National would like to preserve this park for passive use to ensure that residents may have access to tranquil park and walking trails. If Founders Park is to remain an Active Park, Trump National Golf Club proposes an agreement with the City of Rancho Palos Verdes to manage Founders Park at Trump National Golf Club. The agreement would incorporate the following: ❑ Trump National Golf Club agrees to collect and forward all applicable park reservation application fees to the city of Rancho Palos Verdes and keep records available for the city's auditing staff and provide rental records to City staff on a regular, agreed-upon schedule. u Trump National Golf Club would, with City authorization, be able to restrict park and public usage according to the terms of its conditional use permit. (According to the permit's language: The City and/or Trump National are permitted six closures of park and public access a year- subject to City authorization,public access to the bluff top corridor needs to be maintained during the events, the bluff top trails and bluff edge of Founders Park needs to remain open to the public, and a minimum of 50 free public parking spaces need to be available during the events.) This would include a limitation of one rental a day, to be held in a 3- hour window of time, in the half of the parcel of the park,which contains the gazebo. u Events will NOT be restricted to using Trump National Golf Club services when holding events in the park. u Trump National will have City staff information, park usage application, as well as rules and regulations available on the Trump National website. Such information will be available in printable form, which likewise will note the contact information for City staff and Trump National Staff The benefits to the city include: 1) Reducing the payroll costs for maintaining staff at the facility for security, upkeep, maintenance, public relations, and event staff. 2) Reducing labor costs for the City for coordination, booking and executing events. 3) High visibility due to website traffic and information being posted on the Trump National website. 4) Increased revenue for the City while maintaining a discount for Rancho Palos Verdes residents. Trump National Golf Club is NOT proposing a privatization of the park. The parks and beach access will remain open to the public from 6:00AM to sunset. The Trump organization has a long history of successfully managing publicly owned properties. Two perfect examples include the Wollman and Lasker ice-skating rinks and parks. Located in the heart of central park, the Woilman and Lasker ice-skating rinks andp arks have become some of New York's greatest tourist attractions. When The Trump p Organization on agreed to manage and operate the parks and rinks for the city, the city began realizing a constant stream of positive cash flow, all with no liability and no out-of- pocket costs. Trump National Golf Club firmly believes that the City of Rancho Palos Verdes and its citizens would benefit greatly through this agreement, the same way the City of New York has: both financially as well as operationally. Sincerely, Stacia Solis Executive Coordinator Trump National Golf Club Direct: 310.303.3216 Fax: 310.265.5522 SSolis@TrumpNational.com www.TrumpNational.com Exhibit A VH Property Proposal to Manage Founders Park u Rental Procedure u Contact Information u Fees and Package Pricing ❑ Revenues and Cost o Facility Contract ❑ Facility Use and General Rules Rental Procedure VH Property will coordinate ceremonies and events in order to ensure that there will be no concurrent events. We will designate coordinator to book staggered events to ensure that two will not be booked at the same time to maintain a peaceful atmosphere. a. Initially the potential renter will contact Stacia Solis in the Catering and Sales Department to inquire about a ceremony or other event. b. The coordinator would then check availability of dates and list them to the potential client. (Via email, letter correspondence, or verbally) c. The client may make an appointment to come and view the facility and discuss package options. d. If the applicant wishes to book the date they may fill out the outdoor use and facility use application and make a deposit to contract the date. e. There will be no holding of dates without a contract and payment of a deposit. f. Reservations will be taken on a first-come, first-served basis. VH Property will have Founders Park application packets available at the Trump National Golf Club events office as well as on the Trump National website. Such information will be available in printable form, which likewise will note the contact information for City staff and Trump National staff. Information about Founders Park rentals will also be available at Rancho Palos Verdes City Hall as well as on the City's website. Contact Information Stacia Solis Executive Coordinator Trump National Golf Club Direct: 310.303.3216 Fax: 310.265.5522 SSolis@TrumpNational.com www.TrumpNational.com Event Pricing Residents Non-Residents Mandatory Costs Site,Administrative, $585 $915 Security and Labor Fee(3 hours) A la Carte Pricing Chairs $863 $863 (for up to 300 guests,includes set up/breakdown) Chairs (for up to 150 guests,includes set up/breakdown) $432 $432 Audio Technician $518 $518 Rehearsal/Event Coordinator $345 $345 Chairs, decorations,audio systems, and other services can be brought to the site by other vendors. Packages Golden Moments On the bluffs of the Palos Verdes Peninsula, with sweeping views of the Sparkling Pacific, majestic coastline,and picturesque Catalina Island,Founders Park is the perfect setting for romance. Your event will include set up and breakdown of traditional white folding chairs for up to 300 guests, and audio technician to monitor your event, and a rehearsal and ceremony coordinator Residents Non-Residents $2,200 $2,600 Silver Splendor With the magnificent backdrop of the Palos Verdes Peninsula,Founders Park is one of the most romantic settings in Los Angeles County. Your event will include set up and breakdown of traditional white folding chairs for up to 300 guests, and audio technician to monitor your event. Residents Non-Residents $2,000 $2,400 Revenues and Cost Breakdown of Costs: Chair rental for 300 guests at $2.50 per chair- $750 Hourly labor fee for set up/clean up at $14 per hour- $84 Administrative Fee at$15 per hour- $45 Security Fee at $12 per hour- $36 Audio Technician- $450 Event Coordinator $300 City Fee $420 (residents) $750(non residents) Total = $2085 $2415 The city will receive per event $420 for Rancho Palos Verdes residents or $750 for non- residents. The City will be sent the checks on a monthly basis which will include payment from VH Property as well as a detailed breakdown of the months past events. VH Property will be receiving the residual profit from packages and a la carte pricing, which will average 6% or$150 per event for the Golden Moments Package, an average of 11% or$250 for the Silver Splendor Package. Chairs, decorations, audio systems, and other services can be brought to the site by other vendors. Facility Use General Rules _ Founders Park All applications for reservations must be on official contracts provided by VH Property. For the purpose of this policy, "Resident" shall mean in the case of an individual, principal place of residence is in the City of Rancho Palos Verdes; in the case of a group, majority of its members reside in Rancho Palos Verdes; in the case of a business or religious organization, must be located in Rancho Palos Verdes. Post Office Boxes do not constitute a residence. Any organization or individual using the facility may not restrict use of such facility by reason of race, creed, age, sex or national origins. All field (park) use fees are per hour, minimum three-hour use unless otherwise noted. Should facility users exceed their reserved time, an additional fee will be assessed at two- times the hourly rate. All groups and or individuals are responsible for notifying the Facility Coordinator of any change in their use of the facility, especially canceled dates. Thirty(30) days written notice is required to cancel reservations. Failure to notify(outside thirty days)will result in forfeiture of all fees and deposits. All cancellations outside thirty(30) days will be charged a minimum $50 fee. Contracts will be issued only to persons 21 years of age or older. Where liquor is to be dispensed as a part of use, applicant must be 21 years of age. The person signing the contract must be present at the event, I.D. may be required. A chaperone, 21 years of age or older will be required for every 15 participants at children's and teen events. A list of chaperones with addresses and phone numbers may be required/requested. Any group using the park must provide a liability insurance certificate naming the City of Rancho Palos Verdes and VH Property as additionally insured in an amount not less than $1,000,000 single limit liability. Additional insurance will be required for those events where alcohol is consumed. An insurance certificate must be on file with the Facility Coordinator five working days prior to any approved use. A security deposit will be required of all groups and individuals prior to facility use. In order to qualify for a full refund of security deposit, the facility must be cleaned and returned to the condition in which it was found (minus normal wear and tear). All clean up must be accomplished within the hours designated on the approved facility use contract. Groups and or individuals interested in a multi-use contract may post a seasonal or annual security deposit as applicable. No tape, nails, stakes, floors, tents will be permitted without prior authorization of the facility. A staff person is available to indicate appropriate areas if permission has been granted for use of the above mentioned items. If in doubt, please ask! Moon bounces and carnival-style rides are not permitted. Groups requiring time to decorate, set-up or clean-up, or other preparations must include p p such time in their original application. Normal closing time for the park will be 1 hour after sunset, unless otherwise approved by the facility. Storage is not available. Any individual or group causing property damage will be required to pay for same based upon current costs or repairs or replacement including any staff time incurred. Until payment is received, the facility shall have the right to cancel the individual or groups current contract (if multiple) and reject any further applications. Any individual or group who fails to abide by established rules and regulations, exhibits unruly or unlawful behavior, or fails to cooperate with staff may have their contract revoked at any time and be rejected for any further applications. Use of any facility-user sound system including but not limited to live bands, stereos, or disco systems will not be permitted without the prior consent or approval of VH Property in conjunction with the City of Rancho Palos Verdes policies and guidelines. Use of any sound system will be considered on a case-by-case basis with specific attention to residential and patron impact. Amplified sound systems are not permitted on exterior park grounds. Rice, birdseed, confetti, etc., may not be thrown inside or outside of the facility/park. Releasing of balloons on City and Trump National Property is prohibited. Forfeiture of security deposit will result if this rule is violated. Rental Date: Department of Recreation and Parks Outdoor FacilityApplicationUse Founders Park CITY OF RANCHO PALOS VERDES Area Requested: Date Requested: Hours Requested: to Total Hours Type of Activity: Anticipate Attendance: Youths Home Phone: Adults Business Phone: Name of Applicant: Address: Name of Organization: Your Position in the Organization: The majority of members reside in the city of: Insurance for this activity must be carried in a minimum amount of$1,000,000 single limit liability coverage naming the City of Rancho Palos Verdes and VH Property additionally insured. Insurance certificate must be submitted to the General Manager of Trump National Golf Club no later than 5 working days prior to the rental date. Insurance coverage may also be purchased through the City of Rancho Palos Verdes. Your organization's insurance carrier: Address: Telephone: Coverage: Public Liability Property Damage INDEMNITY STATEMENT: I hereby certify that I will abide by all rules and regulations of the City of Rancho Palos Verdes and VH Property and will enforce such rules among participants in my organization.As a duly authorized representative of the requesting organization,and on behalf of the requesting organization,I agree to save,keep and bear harmless the City of Rancho Palos Verdes and VH Property and all of its officers and agents from all damage costs or in law or equity(including costs of suit and expenses for legal services)that may arise or be set up because of damage to property or death or injury to persons received or suffered in connection with the event described above which may be occasioned by any negligence on the part of the requesting organization or any of its agents or employees,or my act of omission to act on the part of said organization its agents or employees which result in a dangerous condition of property on requested City facility. I have read,understand,and will abide by the approval criteria,prohibitions and other requirements listed in accompanying documents. Signature: Date ONE MILLION DOLLARS LIABILITY INSURANCE PURCHASED THROUGH CITY = $ SECURITY DEPOSIT(REFUNDABLE IF CONDITIONS MET)$500 PER SEASON = $ TOTAL DUE = $ Deposit Date Paid $ 500 Date Paid Amount Balance = $ Date Paid Amount Balance = $ This permit is applicable only to the activity specified above and may not be construed as exclusive use of the area. The City and VH Property reserves the right to cancel this permit where City functions conflict. Permission for any other event must be in writing from the Director of Recreation and Parks. Authorizing Signature Date Comments: Event Pricing Residents Non-Residents Mandatory Costs Site,Administrative, $585 $915 Security and Labor Fee(3 hours) A la Carte Pricing Chairs $863 $863 (for up to 300 guests includes set up/breakdown) Audio Technician $518 $518 Rehearsal/Ceremony Coordinator $345 $345 Packages Golden Moments On the bluffs of the Palos Verdes Peninsula,with sweeping views of the Sparkling Pacific, majestic coastline, and picturesque Catalina Island,Founders Park is the perfect setting for romance. Your event will include set up and breakdown of traditional white folding chairs for up to 300 guests, and audio technician to monitor your event,and a rehearsal and ceremony coordinator Residents Non-Residents $2,200 $2,600 Silver Splendor With the magnificent backdrop of the Palos Verdes Peninsula,Founders Park is one of the most romantic settings in Los Angeles County. Your event will include set up and breakdown of traditional white folding chairs for up to 300 guests, and audio technician to monitor your event. Residents Non-Residents $2,000 $2,400 e-x hiLl'+- AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that .de, and I will comply with such provisions before comme 3g the perfo ►once of the work of this contract." id Date 3 !4cr7 Si atur- w Exhthi4- 0 Worker's Compensation Certificate of Insurance WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by: iJ H- &Orerfief NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insured and that the same are in force at this time. 1. This certificate is issued to: City of Rancho Palos Verdes City Hall 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 2. The insured under such policy or policies are: `']'"/✓�.p da.A'ael‘-/ 1-( C Ra4e, ek I/erp'rr ac/d// i,,ri/'ed 3. Worker's Compensation Policy or Policie in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date i9( � q 8 yY igo3 S7 Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits of liability, unless and until thirty days' written notice thereof has been served upon the City Clerk of the City of Rancho Palos Verdes. gy: � •!!Ir MW-6 VArJ befL��5 Authorized R-• -.entative --«n4PN1 FiT'`O cry PCL. ...4i:K}:•:r-.:??4:?4:4}isy}}:^}i'•!{9y}:.v{?{?.}"{{?•}}i:?{?{�::::}:?}:.}}:{.:;:{..;:.}..}::..};y,:.:.;}::^}:�:^i+'?•i;{?}::}}}}}}}}:4::^:?"?:?:+'+,.i;•xu}•??{•%??•n :..., ....... .....:...................b. .. ... .:: ........n....:.....................:...n....::..:; }:. v:::v._::.�-::::::v{:::::::.?'.?�::::::w::�:•::::{:::{:::?nnv::::::{:::;v:{?}::--:v v.?.,.::::......:.i:?::.::::::{:...:::.....:::•:::::::::::.:.;v.iv:w:;::v:-:-.::::•:::.::::i. ii A DATE MM DD 1111 YY CORDTM CO FCER1'LFIcATh03/21/07 PRODUCER Aon Risk Services, Inc. of New York THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 55 East 52nd Street AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS New York NY 10055 USA CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE-(866) 266-7475 FAX-(866) 467-7847 INSURERS AFFORDING COVERAGE INSURED INSURER A: Zurich American Ins Co _ Trump National Golf Club Los Angeles INSURER B: c/o The Trump Organization 725 Fifth Avenue •• New York NY 10022 USA INsuRER c: INSURER D: + C INSURER E: r7 .:....::..:.....:...:.:. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING C 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 EFFECTI 0 POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(MM\DDWY) DATE(MM\DDWY) l0 GENERAL LIABILITY EACH OCCURRENCE III COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire. 111 CLAIMS MADE El OCCUR MED EXP(Any one person) ■ PERSONAL&ADV INJURY Ln U GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG •• PRO- II POLICY Li JECT [J LOC ev r.+ eS AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ice:, 1. ANY AUTO (Ea accident) ■ ALL OWNED AUTOS BODILY INJURY ■ SCHEDULED AUTOS (Per person) ■ HIRED AUTOS BODILY INJURY II OWNED AUTOS (Per accident) ■ PROPERTY DAMAGE ■ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ■ ANY AUTO OTHER THAN EA ACC AUTO ONLY • : AGG EXCESS LIABILITY EACH OCCURRENCE III OCCUR [] CLAIMS MADE AGGREGATE ■ DEDUCTIBLE ■ RETENTION A MYWORKERS COMPENSATION AND wC298448403 05/16/06 05/16/07 X STATLIMITUS ERTH-I IO - EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $2,000,000 E.L.DISEASE-POLICY LIMIT $2,000,000 _ E.L.DISEASE-EA EMPLOYEE $2,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1 Ocean Trails Dr., Rancho Palos verdes, CA. Certificate holder is included as additional insured as their interest may appear. littadindIAKIZEIVIIIIIIISSIONEEMEMEIMICANOMATRAIIMININEMONE11111101:111111111111111M1111.111111111111111.6-ea .............................. . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Rancho Palos verdes DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30940 Hawthorne Blvd. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Rancho Palos verdes, CA 90725-5391 USA BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE � '� "aO�`�""`' `�a"{D� � MN PAGE 01/10 CITY OF RPV 01/30/2007 15:48 3105194 exbv 1 OF /0 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY V.H. PROPERTY CORP. ONE OCEAN TRAILS DR. ,RANCHO PALOS VER1=5CA Name and adinsured dress Insurer-PT-- - WESTERN HERITAGE INSURANCE CO. ONE NATIONWIDE PLAZA COLUMBUS, OH 43215 Name and address of Insurance Company("Company": ONE MILLION GENERALA,IABILITY TWO MILLION GENERAL ugyGATE General description of agreement(s) contract(s), anclior activity(les)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endoiVament now or hereafter attached thereto, it is agreed as follows: 1. The City of Rancho Palos Verdes ("Public Agency), and its elected officials, officers, attorneys, agents, employees: and volunteers are additional insured (Above-Named Additional Insured's) under the Policy in relation to those activities described generally above with regard to operations performed by on behalf of the Named Insured. The Above-Named Additional insured's have no liability for the payment of any premiums or assessments under the Policy. 5. The insurance coverage afforded the Above-Named Additional Insured under the Policy shall be primary Insurance, and no other insurance maintained by the Above-Named Additional Insured shall be called upon to contribute with the insurance coverage's provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Above-Named Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing In this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner s if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named insured under the indemnification and/or hold harmless provision(s) contained in or executed In conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Above-Named Additional insured. 3105445294 Page 1 JAN 30,2007 15:54 • PAGE 02/10 CITY OF RPV 01/30/2007 15:48 3105)11164 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage. reduction of limits (except as the result of the Payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30)days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 9. Company hereby waives all rights of subrogation and contribution against the Above-Named Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Above-Named Additional Insured. 10.It is hereby agreed that the laws of the State of California shall apply to and govern the validity, constniction, interpretation, and enforcement of this contract of insurance. _7%5* 11.This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not In conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Contracts, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGE TO WHICH POLICY PERIOD LIMITS THIS ENDORSEMENT ATTACHES FROM/TO OF LIABILITY GENERAL LIABILITY 2/26/07 2/26/08 $•1, 000,000 11. Scheduled Items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage. Includes: 0 Any Automobile 0 Truckers Coverage . 0 All Owned Automobiles 0 Motor Carrier Act 0 Non-owned Automobiles a Bus Regulatory Reform Act 0 Hired Automobiles 0 Public Livery Coverage 0 Scheduled Automobiles _ 0 Garage Coverage 0 ............................_.............................._......_..._......_..... 12. A E0 deductible or 0 self-Insured retention (check one)of 3105445294 Page 2 JAN 30,2007 15:55 •01/30/2007 15:48 310544 CITY OF RPV PAGE 03/10 3 OF /0 applies to all coverage(s)except: (if none, so state). The deductible is applicable El per claim or El per occurrence (check one). 13. This is an U occurrence or a claims made policy(check one). 14. This endorsement is effective on2/26 2007 at 12:01 A.M. and forms a mart of Policy Number S CP 06 41 vummum...1.404.4,......Newr MITCH CARTER (print name), hereby declare under penalty of perjury under the laws of the State of California,that i have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed FEBRUARY 26, , 07 4 ... TIP L. ignature.of-Arit lofted Representative (Original signature only;no facsimile signature or initialed signature accepted) Phone No ' 31° 530 6464 • 3105445294 Page 3 JAN 30,2007 15:55 • 01/30/2007 15:40 31054•94 CITY OF RPV PAGE 04/10 el:kb/4 40H ° ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY V.H. PREOPERTY CORP , ONE OCEAN TRAILS DR. RANCHO PALOS VERDES, CA 90275 Name and address of named insured ("Named Insured"): GOLDEN EAGLE INSURANCE/THE NETHERLANDS P.O. BOX 85826 Name and address of Insurance Company("Company"): S N - A • 86 O3E 07411134c AUiE1tt 1 144ma4 todAioltiff Uytti-r- General description of Contract(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement ,in the policy to which this endorsement is attached (the "Policy')or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The C-TN o V-A14440,1#1,0 V014:063 ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the "Additional Insured") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 1 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as If separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes JAN 30,2007 15:55 3105445294 Page 4 • 01/30/2007 15:48 3105194 CITY OF RPV PAGE 05/10 df liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written Contract(s) or permit(s) designated above, between the Named Insured and the Additional Insured. • 6. The policy to which this endorsement Is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as Initially drafted will continue in full force and effect until compliance with this notice requirement • 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incidenVto the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90276 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Contracts, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGE TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FRQIVITTO LIABILITY COMMERCIAL AUTOMOBILE LIABILITY 11/26/2006 11 /26/2007$1 ,000,000 JAN 30,2007 15:56 3105445294 Page 5 • 01/30/2007 15:48 31054,4 CITY OF RPV PAGE 06/10 6/41 11. Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverage. Includes: x Any Automobiles Truckers Coverage a All Owned Automobiles Motor Carrier Act 0 on-owned Automobiles Bus Regulatory Reform Act 13 Hired Automobiles Public Livery Coverage Scheduled Automobiles Garage Coverage 12. A deductible or self-insured retention (check one)of$ 500 applies to all coverage(s)except: • PR CLAIM (if none,so state). The-deciJctible is applicable per claim or per occurrence (check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement is effective on 2/26/07at 12:01 A.M. and forms a part of Policy Number CEP9676649 MITCH CARTER 1, (pint name), hereby declare-under penalty of perjury under laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. FEBRUARY 26, Executed , 20 07 • ignature of Au lofted Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No C310 530 6464) JAN 30,2007 15:56 3105445294 Page 6 • PAGE 07/10 01/30/2007 15:48 31054 94 CITY OF RPV OIC/LI ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY V.H. PROPERTY CORP. ONE OCEAN TRAILS DR. , RANCHO PALOS VERDES,CA - 90275 Name and address of named insured("Named Insured"): NAVIGATORS INSURANCE GROUP RECK EXECUTIVE PARK 6 INTERNATIONAL DR RYE BROOK, NY 10573 Name and address of Insurance Company("Company"): FOUR MILLION EXCESS LIABILITY General description of Contract(s), permit(s), license(s), andfor activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy')or in any endorsement now or hereafter attached thereto, it is agreed as follows: The CITY OF_RANCHO PALOS VERDES ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the"Additional Insured")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claire is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in:this contract of insurance shall be construed to preclude coveiage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., In the same manner as if separate policies had been issued to each insured. Nothing corytained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. • 5. The insurance afforded by the Policy for contractual liability insurance (subject lo the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written Contract(s) or permit(s)designated above. between the Named Insured and the Additional Insured. t. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the • JAN 30,2007 15:57 3105445294 Page 7 01/30/2007 1548 310544 CITY OF RPV • PAGE 08/10 g ft3 payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty(30)days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insured, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to thosti activities described generally above with regard to operations performed by or on behalf of the Named Insured retuard:ess of any prioi, concurrent, or subsequent active or passive negligence by the Additional Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as staled above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Contracts, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGE TO WHICH POLICY PERIOD LIMITS OF aaa112.011$. FROM/TO LIBILITY COMMERCIAL EXCESS LIABILITY 2/26/2001 2/26/2008 ----F47-u-o0,000 Following Form Umbrella Liability 11. Applicable underlying coverage: WESTERN HERITAGE INSURApa.Ca. INSURANCE COMPANY POLICY NO. bin 420ekIVIOUNT$ 1 ,000,000 ••••••• ammemium 12, The following inclusions, exclusions, extensions or specific provisions $2,500 relate to the above coverage: 13. A deductible or self-insured retention (check one)of$ JAN 30,2007 15:57 3105445294 Page 8 01/30/2007 15:40 31051114 CITY OF mi 1 PAGE 09/10 c? die /0 applies to all coverage(s)except: NONE _______4eraziacuRENclif none,so state). The deductible is applicable per claim or per occurrence(check one). 14. This is an occurrence or claims made policy(check one). 15. This endorsement is effective on at 12:01 A.M.and forms a part of Policy Number SFO7EXC221901NC MITCH CARTER 1, (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed FEBRUARY 26 20 07 Signature- of Au ho zed representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No. LIN ) 530 6464 JAN 30,2007 15:58 3105445294 Page 9