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HomeMy WebLinkAbout2009 CON Mile of Cars Assoc. / National City Chamber of Commerce - Electronic Message Board Sign 805 Fwy.r LEASE AGREEMENT BETWEEN EF',N THE CITY OF NATIONAL CITY, ANi) THE MILE OF' CARS ASSOCIATION, INC. ANI) "THE NATIONAL CITY CHAMBER OF COMMERCE This Lease is made and entered into this 20th day of January 2009 . by and between the City oI' National City (hereinafter. "Landlord"). and the Mile of Cars Association. Inc. and the National City Chamber of Commerce (hereinafter."Tenant-1. 1. Lease. In consideration of the rent and other payments and covenants of Tenant hereinafter set forth. and upon the following terms and conditions. Landlord hereby leases to l•cnant and Tenant hereby leases from Landlord that real property located in the City of National City referred to as the "Leased Premises". as shown as the attached Exhibit "A" and described in the attached Exhibit "I3", which exhibits are incorporated herein by reference. 2. Term. The Term of the Lease Agreement shall he for a period of five (5) years from the date first written above. Commencing one (1) year after the date first written above. and on each successive anniversary of the making of this Agreement. if Tenant is not then in default of this Agreement. this Agreement shall automatically he extended for an additional period of one (1) year. unless Tenant gives written notification to Landlord of Tenants election not to extend prior to the end of the then current term. It is the intention of the parties that while the Lease is in effect. it shall always have a remaining term of between four (4) and five (5) years. subject to the termination provisions of Section 12. 3. Use of the Leased Premises. Tenant may use the Leased Premises for the operation. maintenance. and improvement of "Tenant's existing electronic message hoard sign, and for the installation, operation, improvement and maintenance of any replacement message hoard sign. Prior to the installation of any improvements upon the Leased Premises. Tenant shall obtain a site review of the proposed sign from the City of National City. and shall acquire all grading. building. and other necessary permits required by the City of National City, the State of California, or other entity. Tenant shall keep the Leased Premises free of all graffiti. debris, or anything of a dangerous, noxious. toxic. or offensive nature. or which creates a hazard of contamination or undue heat. vibration. noise. or interference with nearby properties. Tenant shall he entitled to display commercial messages on said sign. At the request of Landlord. Tenant shall also be required to display a reasonable number of messages of community interest on said sign, including messages pertaining to the activities of community organizations (e.g. the National City Chamber of Commerce. the National City Boys and Girls Club). Landlord shall. during. the term of this lease. have the authority in its sole discretion to disapprove any message proposed to he placed on said sign. Paee 1 et 1,, \JI ik:111 Ill hi('•\iCI file t. II ilt %;ItI( ti ! III • `.Ion al 1 hamhcI nl (onunrr�, Rent. Landlord recognives that the installation and maintenance of the sign contemplated by this Lease Agreement will provide a significant benefit to the project area of the National City Redevelopment Project and to the City of National C'it\. Accordingly. I errant shall pav Landlord as rent for the Leased Premises the suns of S 1.00 per year (-Rent"). 4. indemnity and Insurance. a. Disclaimer of Liability. Landlord shall not at any time he liable for injury or damage occurring to any person or property from any cause whatsocyer arising out of Tenants construction. maintenance. repair. use. operation. condition or dismantling of the Leased Premises except to the extent caused by Landlord's negligence or willful! misconduct. Indemnification. 1 enant shall. at its sole cost and expense. defend, indemnity and hold harmless Landlord and its officials. hoards. commissions, employees. agents. attorneys. and contractors (hereinafter referred to as "indemnitees"). from and against: .any and all liability. obligation. damages. penalties claims. lien. costs. charges. losses and expenses including without limitation. reasonable fees and expenses of attorneys. expert witnesses and consultants. which may arise out of or be in any wa.\ connected with the construction. installation. operation. maintenance. use. or condition of the Leased Premises or I enant•s failure to comply with am federal. sate or local statute. ordinance or regulation. ii. Tenants obligations to Indemnify indernnitees under this Lease shall not extend to claims. losses. and other matters covered hereunder to the extent such claims arise out of the negligence or willfull misconduct of one of more Indemnitees. c. Assumption of Risk. Tenant undertakes and assumes for its officers, agents. affiliates. contractors and subcontractors and employees (collectively "Tenant" for the purpose of this section). all risks of dangerous conditions. if any. on or about the Leased Premises. and Tenant hereby agrees to indemnify and hold harmless Landlord against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person (other than from Indemnitee's gross ne`gligence or willful misconduct) arising out of Tenant's installation, operation. maintenance. condition or use of the (,.eased Premises. or Tenant's failure to comply with any federal. state or local statute. ordinance or regulation. d. Defense of Landlord. In the event an action or proceeding shall he brought against Landlord h\ reason of any matter for which Landlord is indemnified hereunder..Tenant shall. upon notice from Landlord. at tenant's sole cost and expense. resist and defend the same with legal counsel mutually selected h\ Page I ra i \ 2i.inicnl het\+ern Ihi ( W.. .alt,,n.11 i r.\ \lit: I ( ;u• \' ..',i;ili.nl i10 ( hcunhi' .•1 l t'inmiiik. Tenant and Landlord: provided however. that Tenant shall not admit liability in any such platter on behalf of Landlord without written consent of Landlord and provided further that Landlord shall not admit liability tor. nor enter into any compromise or settlement of. any claim for which it is indemnified hereunder. without the prior written consent of Tenant. e. Notice, Cooperation and Expenses. Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any. action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by landlord's own counsel. f. Insurance. During the term of the Lease. Tenant shall maintain, or cause to be maintained. in full force and affect and at its sole cost and expense. the following types and limits of insurance: i. Worker's compensation insurance sleeting applicable statutory requirements. ii.. Comprehensive commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. iii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant. its employees and ' ents, with personal protection insurance and property protection insur ,-ee to comply with they pro 'isions of state law' with minimum limit eMillion Dollars eel's--($2000,000) as the combined single limit for ch occurrence or bodily 1 injury and property damage. Tenavt 5k II pre:zdt iv. At the start of and during the period of any construction.builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables. materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. v. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. vi. The coverage amounts set torth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. Page 3 Lease :\^_rernint heh1een the (it of National C it Mile of Car, ,\, ociahon and Chamber of (-omncree \ii. Tenant shall furnish certificates of insurance to Landlord before commencement of the 1.ease term. g. Named Insureds. All policies, except for \vorker's compensation policies. shall name Landlord and its officials. boards. commissions. employees. agents and contractors. as their respective interests ma\" appear, as additional insureds (herein referred to as the "Additional Insureds"). h. Evidence of Insurance. Certificates of insurance of each insurance policy required to he obtained by Tenant in compliance \kith this paragraph, along with written evidence of payment of required premiums shall he filled and maintained \kith Landlord annually during the terns of the Lease. Tenant shall immediately advise Landlord of any claim or litigation that may result in liability to Landlord. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: :11 least thirty (30) days' prior written notice shall he given to Landlord by the insurer of any intention 11ot to renew such police' or to cancel, replace or materially alter .same, such notice to be given by registered mail to the parties named in this paragraph of the lease. Insurance Companies. All insurance shall he affected under valid and enforceable policies, insured by insurers licenses to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A-{ or better by A.M. Best Company, or as otherwise approved by Landlord's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Landlord. Tenant agrees to indemnify and save harmless Landlord. the indemnitees and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to he furnished by the Lease. Contractors. Tenant shall require that each and every one of its contractors and their subcontractors who perform work on the leased Premises to carry. in full force and effect. \yorkers' compensation, comprehensive commercial general liability and automobile liability insurance coverages of the type which Tenant is required to obtain under the terms of this paragraph \with appropriate limits of insurance. m. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Landlord may review the insurance coverages to he carried by Tenant. If landlord determines that higher limits of coverage are necessary to protect the interests of Landlord or the Additional insureds, Tenant Paue �f I.ca>e .\ercemcnt bct\\cen the Cif nl National Cris NI)Ic of ( ; \. is ion tu)d Chamber I Conuncrcc shall he so notified and shall obtain the additional limits of insurance at its sole cost and expense. 5. Utilities and Services. Monthly rent is exclusi\ c of all utilities. Tenant shall pa\ direct to the public utility company providing all services and utilities provided to the 1 cased Premises and separately metered or sub -metered. including without limitation. water. electricity. gas. sewer service and telephone service. 6. Taxes. Tenant recognizes and understands that this lease may create a possesor\ interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant further agrees to pay any and all property taxes. if any. assessed during the term of this Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code against Tenant's possesor\ interest in the leased Premises. 7. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution. delivery and performance of their obligations under this Lease: they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to he: and this Lease has been duly executed and del ivered. 8. Repairs. and Maintenanee. From and after the Commencement Date and during the Term. Tenant shall. at its own cost and expense, make all repairs. replacements and renewals necessary to keep the Leased Premises in as good condition. order and repair as the same are at the Commencement Date or thereafter may he put. reasonable wear and use excepted. Tenant shall keep the Leased Premises free of graffiti. debris, and anything of a dangerous, noxious. or offensive nature. or which create a hazard or undue vibration. heat. noise. or interference with adjacent properties. 9. Alterations by Tenant; Signs. With the exception of existing or replacement freeway signs, or improvements thereto under Section 3 of this Lease. Tenant shall not make. or permit to he made. any major structural alterations. additions, or improvements to the Leased Premises. except with the prior written consent of Landlord. provided that such structural alterations, additions or improvements do not adversely affect the Leased Premises or the value thereof. With the exception of existing or replacement freewa\ signs, or improvements thereto under Section 3 of this Lease. Tenant agrees that no sign. advertisement or notice shall be inscribed. painted. or affixed on or to any part of the outside of the leased Premises without the prior written consent of the landlord. 10. Landlord's Access. Tenant agrees to permit landlord or its authorized representatives to enter the Leased Premises at all times for the purposes of inspecting the same. provided. however. that in connection with the exercise by Landlord of its right of access hereunder. Landlord shall IP,c all reasonable efforts to minimize any interference with the conduct of business at the Leased Premises by Tenant. Paec I c;nr \t;'rnienl hcl'AClll the l ll nl \:unmal ( III. IIIr .-1 1 ai•. anal .in i lil;un.hrl n(l 11. Condemnation. In the event that all or part of the (.eased Premises or any interest of Tenant in the [cased Premises is taken by eminent domain the ('it\ of National City or an\ other governmental agency. quasi-i vernnlental agency or other puhlic hod\ thereby slaking it physically or financially unfeasible. as determined by. Tenant in its sole discretion. for the Leased Premises to he used in the manner they were intended to he used by Tenant under this lease. Tenant shall have the right to terminate this lease effective as of the date the condemning agency takes possession of the leased Premises. and the rent shall he equitably prorated. Tenant shall not he entitled to any portion of the award paid for the taking. (except for personal property of Tenant). and Landlord shall receive the remainder of such award. Tenant hereby expressly waives any right of claim for loss of business or goodwill. All damages awarded as compensation for diminution in value of the leasehold or to the Landlords Property shall belong to the Landlord. If only a portion of the Leased Premises is taken by eminent domain. and Tenant elects not to terminate this Lease under this pro\ ision. their rental payments provided under this Lease shall he reduced proportionally as to the portion taken which is not then usable by Tenant and this Lease shall continue in effect. 12. Optional 'Termination by Landlord. This Lease may he terminated by Landlord. upon ninet\ (90) dawn written notice to Tenant. if Landlord determines. in its sole discretion. that the (..eased Premises are needed for a puhlic purpose other than an electronic message hoard sign. In the event of such termination. Landlord shall reimburse Tenant the lair Market Value of all improvements installed by. Tenant on the I.eased Premises. as determined by an independent qualified appraiser retained by Landlord and suhject to Tenant's reasonable approval. 13. Landlord's Covenant of Quiet Enjoyment; Title. Landlord covenants that it hasgood and clear record and marketable title to the Leased Premises and that Tenant. upon paying the rent and performing and observing all of the other covenants and provisions hereof. may peaceably and quietly hold and enjoy the Leased Premises for the Term as aforesaid. subject. however, to all of the terms and provisions of this Lease. 14. Tenant's Obligation to Quit. Tenant shall. upon termination of this Lease. leave and peaceably and quietly surrender and deliver to landlord the Leased Premises and all improvements. buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in as good condition. order and repair as the same were at the Commencement Date or thereafter nlav have hcen put. reasonable vyear and use excepted. Notwithstanding the foregoing. "Tenant shall have the right at the expiration or earlier termination of the Term to remove from the (.cased Premises Tenant's trade fixtures. equipment and personal property. provided that Tenant repairs any damage caused by such removal. 15. Transfers of "Tenant's Interest. Tenant shall not assign its interest in this Lease or sublease all or an\ part of the Leased Premises without the prior written consent of Landlord. Page () I t:r,c hci\k,.i; li'i ( 01 \LIII fl l ();\ 16. Transfers of Landlord's interest. Landlord may sell. mortgage or further encumber its interest in the Leased Premises provided that any such sale. mortgage or further encumbrance shall be subject to Tenant's s interests under and pursuant to this I .ease. 17. Tenant's Default; Landlord's Remedies. If 1 enant shall default in the observance of any of the covenants contained in this Lease and on Tenant's s part to be performed or observed and shall kill. within thirty (30) days after written notice to Tenant from Landlord of such default. to cure such default (or. if such default is not susceptible of cure within thirty (30) clays. to commence such cure within said thirty (30) day period and thereafter to pursue such cure to completion): or if the estate hereby created shall he taken on execution. or by other process of law: or if Tenant shall he found by a court of competent jurisdiction to be bankrupt or insolvent. then and in any of said cases, landlord may. to the extent permitted by law, immediately or at any time thereafter while the situation still exists. enter into and upon the Leased Premises, or any part thereof in the name of the vwhole, and repossess the same as of Landlords former estate. and expel Tenant and those claiming through or under Tenant and remove its effects without being deemed guilty of any manner of trespass. and without prejudice to any remedies which might otherwise he used for arrears of rent or preceding breach of covenant. and upon entry as aforesaid this Lease shall terminate. 18. Estoppel Certificates. Landlord and Tenant hereby agree from time to time. and each upon not less than ten (10) days' prior written notice from the other. to execute. acknowledge and deliver. without charge, to the other part. or any other person designated by the other party. a statement in writing certifying: that this (..ease is unmodified and in full force and effect (or if there have been modifications. ►dentily►ng the same by the date thereof and specifying the nature thereof): that to the knowledge of such party there exists no defaults (or if there be any defaults. specifying the same); the amount of the rent. the dates to Nvhich the rent and other sums and charges payable hereunder have been paid; and that such party to its knowledge has no claims against the other party hereunder except for the continuing obligations under this Lease (or if such party has any such claims. specifying the same). 19. Bind and Inure. All of the covenants and agreements set forth herein shall he considered as running with the Land and shall extend to. hind and inure to the benefit of Landlord and Tenant. which terms as used in this l.ease shall include their respective successors. and where the context so admits. assigns. 20. Captions. The captions used herein are provided for reference only and they do not constitute a part of this Lease or any indication of the intentions of the parties hereto. 21. Integration. The parties acknowledge that all prior written and oral agreements between them and all prior representations made by either party to the other \yith respect to the subject matter hereof. ha\ e been incorporated into this instrument or otherwise satisfied prior to the execution hereof. Page 7 I rr,. \etiinrint hil\\i.n the l !(% \:Mona: \„oi+au,n).u!,I (. hm1)1%1„1 ( amncrii 22. Se\ erabilit\; Choice of Law. I l an\ provision of this l .case shall he declared to he void or unenforceable either by law or h\ a court of competent jurisdiction. the validity or entorccahility of remaining provisions shall not thereb\ he affected. Provided. how e\er. that it' alI portion of Section 3 is determined to he void or unenforceable. the entire Lease shall he considered void. and the tenancy shall continue on a month -to -month basis. terminable b\ either party upon thirty ( 0) da\s' notice. until such time as a long- term lease may be entered into mutually agreed upon. This Lease shall he construed in accordance with the domestic substantive laws of the State of California without giving effect to any choice or conflict or laves. 23. Notice of Lease. 1 he parties hereby agree. at the request of either. to execute. acknowledge and deliver in recordable form a notice of lease and such other notices as maw from time to time he necessary for the protection or any interest of Landlord or 1 enant. 24. Brokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due an\ broker of tinder \vith whom such party- has dealt in connection \yith this Lease, 25. Compliance with Laws and Regulations. Tenant shall. at its own cost and expense. comply with all applicable laws. ordinances. rules and regulations of governmental authorities (".Applicable Laws.): (i) regarding the physical condition of the (.eased Premises. but only to the extent the Applicable Laws pertain to the particular manner in \vhich Tenant uses the Leased Premises: or (ii) that do not relate to the physical condition of the Leased Premises but relate to the la\\lul use of the Leased Premises and with which only the occupant can comply. such as lays governing maximum occupancy. workplace smoking and illegal business operations. such as gambling. 26. 1-hazardous Substances. Tenant shall indemnify. protect and hold harmless Landlord and each of its respective subsidiaries from and against all costs and damages incurred by Landlord in connection with the presence. emanation. migration. disposal. release or threatened release of any oil or other petroleum products or hazardous materials or substances on. within. or to or from the Leased Premises as a result of (i) the operations of the l'enant after the Commencement Date. and (ii) the activities of third parties affiliated with tenant or invited on the Leased Premises by Tenant. L:ach party agrees that such party will promptly give written notice to the other party of an\ investigation. claim. demand. lawsuit or other action hw anv governmental or regulatory agency or private part\ in\olwing the Leased Premises and anv hazardous substance or environmental law of \which such party has actual notice. 27. Acceptance of Premises. I3y taking possession of the (.eased Premises. Tenant accepts the (.eased Premises in the condition existing as of the Commencement Date. Landlord makes no representations or \\arrant\ as to the condition of the (.cased Premises. and PaC1e S ahl' \'.'fCi111i t11 1)LI\\C111 \:IIIr11d! ( 111 \LI I (;n. i;iW m ;lml 1. h;111)!1:r I (0nunClir Landlord shall not he liable for any latent or patent defect in the Leased Premises. except as otherwise stated herein. 28. Authority to Bind Tenant. Tenant represents and lvarrants that it has the full right. power and authority. acting through its designated representatives. to execute this lease. 29. Recordation. This Cease may he recorded. 30. Notices. All notices and other communications hereunder shall he in writing and shall be deemed to he given when delivered in fully legible term with a copy by certified mail. return receipt requested. Notices shall he addressed to Landlord or Tenant at its address set forth below: To Landlord: To Tenant: City Manager City of National City 1243 National City Boulevard National City. California 91950-4301 President Mile of Cars Association. Inc. Frank Toyota 2400 National Cite i3oulevard National City. CA 91950-6628 Executive Director National City Chamber of Commerce 901 National City Boulevard National City. CA 91950-3203 Either party may change the address to which notices are to he sent to it by providing notice of same to the other party in accordance with the provisions of this Section. 31. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength. (ii) each party has actively participated in the drafting. preparation and negotiation of this Agreement. ( ill ) each such part} has consulted with or has had the opportunity t0 consult lvlth its own. independent counsel and such other prl)teSSionaI advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement. (iv) each party and such party's counsel and advisors have reviewed this agreement. (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice. and (vi) an\ rule or construction to the effect that ambiguities are to he resolved against the drafting part, shall not apple in the interpretation of this Agreement. or any portions hereof. or any amendments hereto. Page 9 I c;hc •\alermcnt I \\i ll the l il', , I ' t1i„nnl (IL\ \... , lama; •rnkl ! h;inIhLI ,.l i ,,mille. p 32. No Agency. Nothing in this lease A_tCelllenl Shall Cal1Se or imply Any agene\ relationship O1' duly between the (it\ of National City. Mile of Cars Association. Inc. and the National City Chamber ot`Commerce. or between any of them. 1 Ile City of National (.'ity. the N'lile of Cars Association. Inc.. and the National City Chamber ot•Commerce are separate and distinct legal entities vyhose obligations between each other. except as specificall\ set torth herein. shall be b\ separate agreement. 33. ('ounterparts. this .Agreement may he signal in counterparts. IN \VI t Nl-:tiff \\- I IF.RFOF. the parties hereto have caused this instrument to he executed under seal as of the date first above written. CITY OF NATIONAL CITY (LA LORI)) .on Morrison. Mayor :APPROVLI) :Ati TO FOR George H. laser. 111 City Attorney MILE. OF CARS ASSOCIATION, ION, INC. (TENANT) By: Title: 41(zc.1. \,e ,. — itle: NATIONAL CITY CHAMBER OF C'OMMERCE (TENANT) l itle: F --C kP,P Title: `t(01.1t4 1a`l 1 O I ea, \ irenn i f?ct +rcn th (. U. l \;ut ai;il l tt, r‘'Il,ntthTI „d„ II8IHX3 NIT 48' SB'V ii 30' { 150' 130' SW CORNER LOT 1 GRANGER HALL RENTAL AREA a 0 0 0 544.50' 4TH STREET N71• 59' 52' PER ROS 8990 574.50' INTERSTATE 805 STHLY LINE LOT 1 • • NOT TO SCALE - :o• COMMERCIAL RENTAL AREA LOCATION OF COMMERCIAL SIGN ALL THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 1 IN QUARTER SECTION 130, RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NUMBER 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE LOT 1, IN SAID QUARTER SECTION 130; THENCE NORTH 72' 00' 25" EAST, ALONG THE SOUTHERLY LINE OF SAID 80 ACRE LOT 1, A DISTANCE OF 574.50 FEET; THENCE NORTH 17' 46' 41" WEST, 52.36, FEET; THENCE NORTH 40' 42' 58" WEST, 84.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40' 42' 58" WEST, 10.87 FEET; THENCE SOUTH 72' 00' 25" WEST, 35.00 FEET; THENCE SOUTH 17' 46' 41" EAST, 10.00 FEET; THENCE NORTH 72' 00' 25" EAST, 39.26 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. NAT.I. CI= INOA. DULT. No. 4 7 8 '] RFF. 554-050—II BY w,T. DATE `(/i/92 .L'KD DATE CKD DATE RES,# 15; 183 ({981 AgF.) EXHIBIT "B" ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID SPS PRODUCER Marrs Maddocks & Associates Insurance Svcs, Inc. #0818269 1903 Wright Place, Suite #280 Carlsbad CA 92008 Phone:760-804-0402 Fax:760-804-0942 INSURED Stanford Sign & Awning, Inc and Stanford Sign Inc. and Western Sign & Awning,Inc. David B. LeSa e 2556 Faivre Street Chula Vista CA 91911 DATE (MMIDDIYYYY) 12/15/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURER A Zenith Insurance Co. NSURERB. Peerless Insurance Co. INSURER C. Gold. Eagle Insurance Corp. INSURER D INSURER E 124198 10836 COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. TNSK�(UD LTR INSRC OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID CLAIMS. —POiiCY POLICY NUMBER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH EFFECTIVE 'MEV(r PIRATF014- .._ DATE (MMIDDIYY) , DATE (MMIDD/YY) ' LIMITS $ ' j X j GENERAL '^ X GEN'L LIABILITY I COI:�MERUA.GENERAt_LIAUILITY 1 j CLAIMS MADE LX J OCCUR j _ CBP9569281 NO DEDUCTIBLE I 04/01/08 04/01/09 ! 'PERSONAL EACH OCCURRENCE 15 i 000,000 FJA`ATG.. .. I , r. PREMAGEISES(EaZENIcUnccumnce) 1 S 100,000 MFD EXP (Any one eet.,on) 510,000 d ADV INJURY : £ 1,000,000 GENERAL AGGREGATE i S2,000,000 PRODUCTS - CCMPIOP AGG £ 1,000,000 _......—_..... _..----- AGGREGATE LIMIT APPLIES PER I POLICY X JRO 1 �JECT ILOC AUTOMOBILE r B ! X ..I I X .... LIABILITY J ANYAUT0 i ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS __. _..- ._ ..._-__._.. CBP9569281 04/01/08 04/01/09 COMBINE() NGLE ub+ir i S 1, 000 , 000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY - ANY AUTO AUTO ONLY - EA ACCIOFNT ', 5 EA ACC i 5 OTHER THAN AU IC)ONLY ACC; ' $ '-1 C 1 � EXCESS/UMBRELLA LIABILITY iX OCCUR i CLAIMS MADE I : OF,DUCTIBL F. rX .RETENTION 5nil CU9830972 04/01/08 04/01/09 EACH OCCURRENCE S 3,000,000 AGGREGATE s3,000,000 5• I S is A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEWMEMBER EXCLUDED'? Y yes, describe under SPECIA_ PROVISIONS below I Z069742601 04/01/08 04/01/09 j oRYL AIU- UII X iTORY LIMITS i I ER 1 EL.EACH ACCIDFNT 151,000,000 E.L. DISEASE - EA EMPI.OYEEI $ 1,000,000 E.I. GSEAS' - PCLICY LIMIT j 5 1,000,000 B OTHER Property CBP9569281 04/01/08i I 04/01/09 I Contents 355500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS The National City Chamber of Commerce; Mile of Cars Assn.; City of National City, their officers, employees, agents and volunteers are named as Additional Insured with respects to all operations of the Named Insured, in the State of California. Re:Electronic Signs-3 locations, National City, CA *10 days notice of cancellation due to non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION NATCCOC National City Chamber of Commerce 910 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 7HE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTLI� RfaELTrik<f1NTkIY.B IJ'/1 J i (.jl M1 <�rI"_V. ACORD 25 (2001/08) © ACORD CORPORATION 1988 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE 12-7005-F426 POLICY NO. 90-F7-5128-7 COVERAGE IS PROVIDED BY REPLACES NO. 90-EV-9559-0 STATE FARM FIRE AND CASUALTY COMPANY 900 OLD RIVER RD, BAKERSFIELD CA 93311-6000 LJCCI CARRIER CODE NO. 14842 NAMED INSURE[) & 'MAILING ADDRESS NATIONAL. CITY CHAMBER OF FEIN 951038185 COMMERCE LOCATION: 901 NATIONAL CITY BLVD 901 NATIONAL CITY BLVD NATIONAL CITY CA 91950-3203 NATIONAL CITY CA 91950-3203 INSURED IS A CORPORATION COPYRIGHT 1987 NATIONAL COUNCIL ON COMPENSATION INSURANCE 2. THE POLICY PERIOD IS FROM 04/12/2008 TO 04/12/2009 12:01 A.M. STANDARD TIME AT THE INSURED'S MAILING ADDRESS. 3A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE: CA B. EMPLOYEES LABILITY INSURANCE: PART IWO OF THE POLICY APPLIES TO WORK IN EACH STATE LISTED IN ITEM 3A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT $1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE $1,000,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT C. OTHER STATES INSURANCE: PART THREE OF THE POLICY APPLIES TO ALL STATES EXCEPT ME. MT, ND, OH. RI, WA, WV, WY AND STATES LISTED IN 3A. D. THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES: W0000000A WC040407 WC0403604 WC040301A WC000404 FE-4893 WC040601A WC000422 WC000113 4 THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF RULES, CLASSIFICATIONS, PATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICAIIOiN AND CHANGE BY AUDIT. CODE NOS. AND C.ASSIFICATIONS 8742 SALESPERSONS - OUTSIDE 8810 CLERICAL OFFICE EMPLOYEES - NOC COMPANY SURCHARGE FOR INCREASED EMPLOYERS LIABILITY LIMITS PREMIUM BASIS TO- TAL ESTIMATED AN- NUAL REMUNERATION FOREIGN TERRORISM PREMIUM 9740 MINIMUM PREMIUM $ 250 CALIFORNIA TOTAL REMIUM ADJUSTMENT PERIOD SHALL BE SEMIAN! SEE SI PREPARED 02/04/2008 COUNT! WC 00 00 01 04-84 4H: 47 2151 3544 BY AGi 1.04 391 91 924 RATE/$1001ESTIMATE%) RFMUNERA-'ANNUAL T IOt; 1 PREMIUM 37,599 57,591 'ost-it Fax Note 7-0 7671 POLICY NO. 90-F7-5128-7 WORKERS COMPENSATIOP.! AND EMPLOYERS LIABILITY POLICY SURCHARGE. OVERFLOW PAGE PAGE NO: 01 COVERAGE IS PROVIDED BY STATE FARM FIRE AND CASUALTY COMPANY 900 OLD RIVER RD. BAKERSFIELD CA 93311-6000 NAME) INSURED & MAII..ING ADDRESS NATIONAL CITY CHAMBER OF COMMERCE 901 NATIONAL CITY BLVD PREPARED 02/04/2008 FEIN 951038185 LOCATION: 901 NATION'iA'_ CITY BLVD 12-7005 P426 CA SURCHARGE $ 12.60 STATE ASSESSMENT $ 6.60 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MMIDD/YYYY) NCCHAMI 01/08/09 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone:858-452-2200 Fax:858-452-6004 INSURED National City Chamber of Commerce; Mile of Cara Assoc. 901 National City Boulevard National City CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Maryland Casualty Company INSURER B: INSURER C INSURER 0: INSURER E: NAIC # COVERAGES THE ANY MAY POLICIES. IRSR'ADD'L LTR POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD(YY) POLICY EXPIRATION DATE (PA mom) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2 , 000 , 000 A X X COMMERCIAL GENERAL LIABILITY PAS38912516 09/22/08 09/22/09 1TAIVIAGETO-RENTE7 PREMISES (Ea accurence)$2l000,000 JCLAIMS MADE LX j OCCUR MED EXP (Any one person) $ 10 , 0 00 PERSONAL S ADV INJURY $_00 00_ _ GENERAL AGGREGATE $ 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,0 00L00 0 — POLICY I 1 jE. I LOC AUTOMOBILE LIABILITY ANY AUTO PAS38912516 09/22/08 09/22/09 COMBINED SINGLE LIMIT $ 1 , 000 , 000 �(Eaacddent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) _ PROPERTY DAMAGE ,— •_. (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERIHAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY LAOI OCCURRENCE $ 7 OCCUR I 1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE 1 $ RETENTION $ $ TH- OER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OR LIMTA ITS TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? Ii s, deaaibe under E.L. DISEASE - POLICY LIMIT $ SI�ECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *EXCEPT 10-DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. THE CITY OF NATIONAL CITY, ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR ARE NAMED ADDITIONAL INSURED W/RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 05/09. RE: NAMED INSURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY (XXX) CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL .N98AVGI TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RISRE"NTAISA c AUTOO REPRES NT E ,Dray ACORD 25 (2001/08) O ACORD CORPORATION 1988 NOTEPAD I NCCR�IMI i�AG� 2 N$URED'S NAME ! Nataorial Csty Chataber og :, O�,ID IR" DATA O f 08/09` ***NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE MILE OF CARS ASSOCIATION POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: THE;CITY OF NATIONAL CITY; ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. CG 2012 05 09 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard'. © Insurance Services Office, Inc., 2008 Page 1 of 1 0 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MQ NCCHAM1 DATE (MM/DD/YYYY) 10/21/08 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone_858-452-2200 Fax:858-452-6004 INSURED National City Chamber of Commerce 901 National City Boulevard National City CA 91950 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE , INSURER A Maryland Casualty Company INSURER B INSURER C INSURER D INSURER E NAIC # THE ANY MAY POLICIES iNSR-1ADIYU-... LTR POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS -- •— ---- -- -- -- — j --- ---- ---.... --.._ I POLICY EFFECTIVE- )POLII YERPIRATIOW. ..-- — — INSRD TYPE OF INSURANCE POLICY NUMBER j DATE (MM/DD/YY) DATE (MM/DDIYY) I LIMITS A I GENERAL LIABILITY X,COMMERCIAL GENERAL LIABILITY' PAS38912516 09/22/08 09/22/09,�PDREMS _ - I CLAIMS MADE LXJ OCCUR i • : I —GEN'L AGGREGATE LIMIT APPLIES PER POLICY 1 JECT PRO- j 1 LOC EACH OCCURRENCE $ 2,000,000 AMAGS(Ea oiccuence) $2,000,000 _ LED EXP (Any ore person) $ 10,000 — PERSONAL & ADV INJURY ' $ 2 000,000 rGENERALAGGREGATE $ 4r , 000 , 000 _I PRODUCTS - COMP/OP AGG $ 4,000, 4,000,000 A • AUTOMOBILE LIABILITY ! • ANY AUTO PAS38912516 09/22/08 i 09/22/09 1 7 ALL OWNED AUTOS I L 1 SCHEDULED AUTOS f X ' HIRED AUTOS 1 •X� NON -OWNED AUTOS iDAMAGE -- I . — ---- — I • COMBINED SINGLE LIMIT $ 1 , 000 , 000 (Eaacadenl) — — — BODILY INJURY $ (Per person) — — — BODILY INJURY $ (Per accident) - r — $ (Per acad nt) GARAGE LIABILITY ANY AUTO I AUTO ONLY - EA ACCIDENT I $ EA ACC $ OTHER THAN _ AUTO ONLY AGG , $ � I EXCESS/UMBRELLA LIABILITY 1 OCCUR I CLAIMS MADE i •• — I DEDUCTIBLE RETENTION $ I EACH OCCURRENCE ' $ AGGREGATE - _ I $ —.. — — �.... _.. —_..._ ...— $ , $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I If yes. describe under I SPECIAL PROVISIONS below ' TORY LIMITS ` I OER I E L EACH ACCIDENT $— LE.L DISEASE - EA EMPLOYEE' $ - . E L DISEASE - POLICY LIMIT) $ OTHER 1 I i I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. PROOF OF INSURANCE. CERTIFICATE HOLDER CANCELLATION NCMILE1 NATIONAL CITY MILE OF CARS WELDON DONALDSON P.O. BOX 1387 NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH0317�Gj1 NTIjyvE /‘46/ • © ACORD CORPORATION 1988 ACORD 25 (2001108) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM/OD/YYYY) NCCHAMl 10/21/08 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone:858-452-2200 Fax:858-452-6004 INSURED National City Chamber of Commerce 901 National City Boulevard National City CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A INSURER B INSURER C INSURER D INSURER E Maryland Casualty Comsany L 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. INSRy4DD' 1 _...... ___-.---... ; P017CYEFFECTIVE•iPOLICYEXP1RATION.1 LTR !NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DO/YY) . DATE (MM/DDIYYI LIMITS I GENERAL LIABILITY A X COMMERCIAL I CLAIMS MADE I X J OCCUR I GEM. AGGREGATE LIMIT APPLIES PER' PRO- r . _ I I POLICY I , JECT lOC 1 1 ! I EACH OCCURRENCE $ 2 r 000 r 000 $2r000r000 $ 10 r 000 �SE�eEoT� i PAS389125161109/22/08 09/22/09 PREMISES (Eouence) I 1 MED EXP (Any one person) I 1 PERSONAL 8 ADV INJURY , GENERAL AGGREGATE PRODUCTS • COMP/OP AGG ! $ 2,000, 000 $ 4 r 000 r 000 $ 4,000,000 I AUTOMOBILE LIABILITY I..... t A 1 ANY AUTO _ I ALL OWNED AUTOS 'SCHEDULED AUTOS ! X HIRED AUTOS X , NON -OWNED AUTOS I' I +COMBINED SINGLE LIMIT PAS38912516 j 09/22/08 09/22/09 I1 (Eaaccident) $ 1 r 000 r 000 I ', I BODILY INJURY I (Per person) I ' BODILY INJURY I I ' (Per accident) I I PROPERTY DAMAGE 1 (Per accident) $ $ GARAGE LIABILITY • ANY AUTO i-....� 1 ! AUTO ONLY - EA ACCIDENT I EA ACC . OTHER THAN .._ - AUTO ONLY AGG $ $ ----._....-------- $ 1 EXCESS/UMBRELLA LIABILITY 1 OCCUR L .1 CLAIMS MADE 1 DEDUCTIBLE RETENTION $ 1 : EACH OCCURRENCE I AGGREGATE $ $ $ ra j WORKERS COMPENSATION AND i I T RY L MITS I ER EMPLOYERS' LIABILITY I -- 1_ ! ' E.L. EACH ACCIDENT I ANY PROPRIETOR/PARTNER/EXECUTIVE i ! ) ------ ------ r OFFICER/MEMBER EXCLUDED'? I ! E L. DISEASE - EA EMPLOYEE! 11 yeS. descnbe under r—._ SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ ------- ------ $ $ OTHER OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. PROOF OF INSURANCE. CERTIFICATE HOLDER CANCELLATION NCMILE1 NATIONAL CITY MILE OF CARS WELDON DONALDSON P.O. BOX 1387 NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENTgyVE /ad./ • ACORD 25 (2001/08) ©ACORD CORPORATION 1988 CALIFORNIA -•4 NATIONAL CI7'y +NCORPORA'f£9 City of National City DECLARATION AND ADDENDUM TO ALL LEASE AGREEMENTS ENTERED INTO AND ALL CONTRACTS AWARDED TO THE MILE OF CARS ASSOCIATION, INC. For the purpose of inducing the City of National City to go forward with any lease agreements entered into with or contracts awarded to the Mile of Cars Association, Inc., I declare as follows: The Mile of Cars Association, Inc. ("MOCA") , is an independent contractor for the purposes of the California Workers' Compensation and Labor laws. MOCA will hire no employees for work required for any bid or contract awarded to MOCA, or for any work performed on the leased premises. All work required will be performed personally and solely by MOCA. If, however, MOCA shall ever be required to hire employees or subcontractors to perform this contract, MOCA shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by MOCA against its financial interest, relative to any claims MOCA should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any lease agreements entered into or contracts awarded to MOCA. MOCA will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event MOCA hires an employee in violation of this addendum, and MOCA will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any lease agreement entered into between the City of National City and MOCA, or any contract awarded to MOCA. Dated: 144a ,20 gib. MILE OF CARS ASSOCIATION, INC. By: �J dru.- (Signature o/Authorized Reentative) (Name and Title) r(LAS tt1 Ad‘-- ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 Phone:858-452-2200 INSURED Fax:858-452-6004 National City Chamber of Commerce; Mile of Cars Assoc. 901 National City Boulevard National City CA 91950 OP ID DATE (MM/DD/YYYY) NCCHAMI 01/08/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Maryland Casualty Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC # COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. LTRINSR rum__ AGGREGATE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANU CONDIT IONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER —POLICY M/DDIYY DATE (MMlDDlYY} DATE (MMlDD/(Y} LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $2,000,000 "-UANIAGETO-RENTED-- PREMISES (Ea °mamma) $2,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 ,000 PERSONAL 8 ACV INJURY — $ 2,00 0, 000 GENERAL AGGREGATE $ 4 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 , O00 , 000 - -- POLICY —I JECOT n LOC A AUTOMOBILE _ X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/08 09/22/09 COMBINED eacddentjINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ALTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR I 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ __ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE.. OFFICER/MEMBER EXCLUDED? If s, deecrlbe under SI�ECIAL PROVISIONS Wow WC ST O _TORY LIMMITSITS R EER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *EXCEPT 10-DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. THE CITY OF NATIONAL CITY, ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR ARE NAMED ADDITIONAL INSURED W/RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 05/09. RE: NAMED INSURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY (XXX) CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 NAT1002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLiNBEAVBR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RiIN:C4rmTATiVriw AUTOO REPRES NTgXIIVE� ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ***NAMED INSURED SCHEDULE READS AS FOLLOWS: POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: THE;CITY OF NATIONAL CITY; ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury' or "property damage" included within the "products -completed operations hazard". CG 2012 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ »- CALIFORNIA -+• NATIo 4L Cfl y INCORPORATED City of National City DECLARATION AND ADDENDUM TO ALL LEASE AGREEMENTS ENTERED INTO AND ALL CONTRACTS AWARDED TO THE MILE OF CARS ASSOCIATION, INC. For the purpose of inducing the City of National City to go forward with any lease agreements entered into with or contracts awarded to the Mile of Cars Association, Inc., I declare as follows: The Mile of Cars Association, Inc. ("MOCA") , is an independent contractor for the purposes of the California Workers' Compensation and Labor laws. MOCA will hire no employees for work required for any bid or contract awarded to MOCA, or for any work performed on the leased premises. All work required will be performed personally and solely by MOCA. If, however, MOCA shall ever be required to hire employees or subcontractors to perform this contract, MOCA shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by MOCA against its financial interest, relative to any claims MOCA should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any lease agreements entered into or contracts awarded to MOCA. MOCA will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event MOCA hires an employee in violation of this addendum, and MOCA will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any lease agreement entered into between the City of National City and MOCA, or any contract awarded to MOCA. Dated: t 44 t , 20 obi . MILE OF CARS ASSOCIATION, INC. By: (Signature of Authorized Re • entative) emu__ eA„,0„^',-1 (Name and Title) rR.c s try ` N r I . ,�► Y,N D r- Y ACORD CERTIFICATE OF LIABILITY INSURANCE 3TANFP4 DATE (MMIDDIYYYY) 12/15/08 PRODUCER Marrs Maddocks & Associates Insurance Svcs, Inc. #0818269 1903 Wright Place, Suite #280 Carlsbad CA 92008 Phone:760-804-0402 Fax:760-804-0942 INSURED Stanford Sign & Awning, Inc and Stanford Sign Inc. and Western Sign & Awning,Inc. David B. LeSa e 2556 Faivre Street Chula Vista CA 91911 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A Zenith Insurance Co. :NSURER B, Peerless Insurance Co. INSURER C. Golden Eagle Insurance Cozp. INSURER D INSURER E' NAIC# 24198 10836 COVERAGES THE ANY MAY POLICIES. POLICIES REQUIREMENT, PERTAIN, ULYL�--- �NSRD AGGREGATE OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER NAMED ABOVE FOR THE POLICY WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, EXCLUSIONS bLTCYEFFE-CTIVEIP�LTcYEXPIAATIOA- DATE (MMIDDIYY) DATE (MMIDD/YY) PERIOD INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR AND CONDITIONS OF SUCH __ ......_...._.. _...... ..-... .._._._. _ ._.._...-_._ LIMITS .... INss LTA -----____.-_ TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE 51,000,000 $ • X X i COMMERCIAL GENERAL. LIABILITY CBP9569281 04/01/08 04/01/09 ORMAL,ETO-RENIEL) PREMISES (Ea occurence) S 100,000 CLAIMS MADE LX J OCCUR MED EXP (Any one person) 1 5 10 , 000 — NO DEDUCTIBLE PERSONAL A ADV INJURY . $ 1 , 000 , 000 _ _ __ GENERAL AGGREGATE is2,000,000 GENT_ AGGREGATE LIMIT APPLIES PER PRODUCTS• COMP/OP AGG ' S 1,000,000 POLICY (X 1 JECT r— LOC AUTOMOBILE Lx LIABILITY COMBINED SINGLE LIMi7 S 1 OOO OOO 8 B ; — IANY AUTO CBP9569281 04/01/08 04/01/09 (Ea accident) I T BODILY INJURY ____ ALL OWNED AUTOS c SCHEDULED AUTOS (Per person) , X _ X HIRED AUTOS NON OW NED AUTOS BODILY INJURY 1 (Per accident)r.. $ - .. _......_ -- .. ----- --- PROPERTY DAMAGE . (Pet accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC ! 5 ---' AUTO ONLY A.GG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s3,000,000 C X OCCUR i _1 CLAIMS MADE CU9830972 04/01/08 04/01/09 AGGREGATE _ _- — 5 3,000,000 _^ $ • DEDUCTIBLE S X i RETENTION Snil - s WORKERS COMPENSATION AND X T RY LIMITS i 1UER A EMPLOYERS' LIABILITY Z069742601 04/01/08 i 04/01/09 E L. EACH ACCIDENT 51,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL. DISEASE - EA EM2LOYE S 1,000,000 OFFICER/MEMBER EXCLUDED? i If yes, desctIbe under SPECIAL PROVISIONS below E.I. DISEASE - POLICY LIMIT 5 1,000,000 OTHER B Property CBP9569281 04/01/08 04/01/09 Contents 355500 1 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The National City Chamber of Commerce; Mile of Cars Assn.; City of National City, their officers, employees, agents and volunteers are named as Additional Insured with respects to all operations of the Named Insured, in the State of California. Re:Electronic Signs-3 locations, National City, CA *10 days notice of cancellation due to non-payment of premium applies. 'CERTIFICATE HOLDER CANCELLATION NATCCOC National City Chamber of Commerce 910 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTLIVEt i. ,, ij 4t NT ,_ J ,•h V ACORD 25 (2001/08) ©ACORD CORPORATION 1988 POLICY NO. 90—F7-5128-7 REPLACES NO. 90—EV-9559-0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE 12--7005—F426 COVERAGE IS PROVIDED BY STATE FARM FIRE AND CASUALTY COMPANY 900 OLD RIVER RD, BAKERSFIELD CA. 93311-6000 NAMED INSURED & MAILING ADDRESS NATIONAL CITY CHAMBER OF COMMERCE 901 NATIONAL CITY BLVD NATIONAL CITY CA 91950-3203 NCC1 CARRIER CODE NO. 14842 FEIN 951038185 LOCATION: 901 NATIONAL CITY BLVD NATIONAL CITY CA 91950-3203 INSURED IS A CORPORATION COPYRIGHT 1987 NATIONAL COUNCIL ON COMPENSATION INSURANCE 2. THE POLICY PERIOD IS FROM 04/12/2008 TO 04/12/2009 12:01 A.M. STANDARD AT THE INSURED'S MAILING ADDRESS. TIME 3A. WORKERS COMPENSATION INSURANCE: PART ONE OF THE POLICY APPLIES TO THE WORKERS COMPENSATION LAW OF THE STATES LISTED HERE: CA B. EMPLOYERS LIABILITY INSURANCE: PART TWO OF THE POLICY APPLIES TO W0.BJ.._IN EACH STATE.. LISTED IN ITEM 3A. THE LIMITS OF OUR LIABILITY UNDER PART TWO ARE: BODILY INJURY BY ACCIDENT $1.000,000 EACH ACCIDENT BODILY INJURY BY DISEASE $1,000,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT C. OTHER STATES INSURANCE: PART THREE OF THE POLICY APPLIES TO ALL STATES EXCEPT ME, MT, ND, OH. RI, WA, WV, WY AND STATES LISTED IN 3A. D. THIS POLICY INCLUDES THESE ENDORSEMENTS AND SCHEDULES: WC000000A WC040407 WC040360A WC040301A W0000404 FE-4893 WC040601A WC000422 WC000113 4. THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF RULES, CLASSIFICATIONS, RATES AND RATING PLANS. ALL INFORMATION REQUIRED BELOW IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT. CODE NOS. AND CLASSIFICATIONS PREMIUM BASIS TO— TAL. ESTIMATED AN— NUAL REMUNERATION 8742 SALESPERSONS — OUTSIDE 8810 CLERICAL OFFICE EMPLOYEES — NOC COMPANY SURCHARGE FOR INCREASED EMPLOYERS LIABILITY LIMITS FOREIGN TERRORISM PREMIUM 9740 MINIMUM PREMIUM $ 250 CALIFORNIA TOTA REMIUM ADJUSTMENT PERIOD SHALL BE SEMIANI SEE SI PREPARED 02/04/2008 COUNT! WC 00 00 01 04-84 f'z 47 2151 3544 BY AGI RATE/$100 REMUNERA— TIOt'd ESTIMATED ANNUAL PREMIUM 37,599 57,591 1.04 .91 391 524 115 POLICY NO. 90-F7-5128-7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY SURCHARGE OVERFLOW PAGE PAGE NO: 01 12-7005 F42.6 COVERAGE IS PROVIDED BY STATE FARM FIRE AND CASUALTY COMPANY 900 OLD RIVER RD. BAKERSFIELD CA 93311-6000 1. NAMED INSURED & MAILING ADDRESS NATIONAL. CITY CHAMBER OF COMMERCE 901 NATIONAL CITY BLVD ;;PREPARED 02/04/2008 FEIN 951038185 LOCATION 901 NATIONAL CITY BLVD CA SURCHARGE $ 12,60 STATE ASSESSMENT $ 6.60 RESOLUTION NO. 2009 - 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY, THE MILE OF CARS ASSOCIATION, INC., AND THE NATIONAL CITY CHAMBER OF COMMERCE FOR THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF AN ELECTRONIC MESSAGE BOARD SIGN ON CITY PROPERTY ADJACENT TO THE 805 FREEWAY WHEREAS, it has been proposed that a Lease Agreement be entered into by the City, as Landlord, and the Mile of Cars Association, Inc., and the National City Chamber of Commerce, as Tenant, for the Tenant to operate, maintain, and improve an electronic message board sign on City property adjacent to the 805 freeway; and WHEREAS, the proposed Lease Agreement would entitle the Tenant to display commercial messages on the sign, and would require the Tenant to display a reasonable number of messages of community interest on the sign, if requested to do so by the City. The City may, in its sole discretion; disapprove any message to be displayed on the sign; and WHEREAS, the City recognizes that the installation and maintenance of the sign will provide a significant benefit to the project area of the National City Redevelopment Project, and to the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease Agreement between the City, the Mile of Cars Association, Inc., and the National City Chamber of Commerce for the operation, maintenance, and improvement of an electronic message board sign on City property adjacent to the 805 freeway. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of Jan : :09. on Morrison, Mayor ATT EST: Michael R. . Dalla Ci y Cler k APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 20, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 2j411,1 City CI rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-16 of the City of National City, California, passed and adopted by the Council of said City on January 20, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT '''MEETING DATE January 20, 2009 %r AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY, THE MILE OF CARS ASSOCIATION, INC., AND THE NATIONAL CITY CHAMBER OF COMMERCE FOR THE OPERATION, MAINTENANCE, AND IMPROVEMENT OF AN ELECTRONIC MESSAGE BOARD SIGN ON CITY PROPERTY ADJACENT TO THE 805 FREEWAY. PREPARED BY George H. Eiser, III /)g/ DEPARTMENT City Attorney EXT. 4221 EXPLANATION The proposed lease agreement would be between the City, as Landlord, and the Mile of Cars Association and the Chamber of Commerce, collectively, the Tenant, for an approximately 350 square foot area for the operation, maintenance, and improvement of an electronic message board sign on City property near the Granger Hall and adjacent to the southbound lanes of the 805 freeway. A sign currently exists at the location pursuant to a lease between the City, the Mile of Cars Association, and the Chamber of Commerce, but due to the sign's age, it is in urgent need of refurbishing. The Mile of Cars Association and Chamber of Commerce have requested that their lease be updated before funds are expended on refurbishing the existing sign. The proposed Lease contains an "evergreen" clause that provides for an initial term of five years, with a year being added to the term upon each anniversary of the commencement of the Lease. In this way, provided that the Tenant is not in default, the Lease will always have a remaining term of between four and five years. If the City determines at any time that the leased premises are needed for a public purpose, it may terminate the Lease upon 90 days' notice, provided that it compensates the Tenant for all improvements installed on the property. The Tenant is entitled to display commercial messages on the sign, and is also required to display a reasonable number of messages of community interest on the sign, if requested to do so by the City. The City may, in its sole discretion, disapprove any message proposed to be placed on the sign. All maintenance and repair of the sign is the responsibility of the Tenant. The Lease provides for rent of $1.00 per year. The Tenant is responsible for all possessory interest tax which may be assessed upon the leased premises. Environmental Review .1 N/A Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. , - Resolution Lease Agreement A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 January 26, 2009 Mr. Weldon Donaldson Mile of Cars Association, Inc. Frank Toyota 2400 National City Blvd. National City, CA 91950 Dear Mr. D dson, On January 20th, 2009, Resolution No. 2009-16 was passed and adopted by the City Council of the City of National City, authorizing execution of a lease agreement with the Mile of Cars Associations, Inc. and the National City Chamber of Commerce. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: City Attorney ® Recycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 January 26, 2009 Ms. Jacqueline Reynoso National City Chamber of Commerce 901 National City Blvd. National City, CA 91950 Dear MsRoso, On January 20th, 2009, Resolution No. 2009-16 was passed and adopted by the City Council of the City of National City, authorizing execution of a lease agreement with the Mile of Cars Associations, Inc. and the National City Chamber of Commerce. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: City Attorney ® Recycled Paper