Loading...
HomeMy WebLinkAbout2009 CON CDC Lance Garber - Westside Neighborhood Affordable Transit Oriented DevelopmentAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC") and LAW OFFICES OF LANCE E. GARBER (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The CDC hereby retains the Firm to assist in representing the CDC in negotiations and preparation of a Disposition and Development Agreement and other relevant Agreements for the Westside Neighborhood Affordable Transit Oriented Development, and related activities, subject to this Agreement. Article 2. Scope of Services. The CDC shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. These services may include the following: providing legal advice to City and CDC staff, and to those consultants retained by the City and CDC to assist in preparation of the project; drafting, revising and reviewing documents and preparing final documents; attending meetings and/or participating in conference calls of the City and CDC staff, and discussions with legal counsel for the developer and other key parties subject to the development and its several real estate transactions and legal requirements. It is expected that the Firm will work with the CDC's Legal Counsel and CDC staff. Article 3. Compensation. Compensation paid under this Agreement shall he as shown in the Fee Schedule attached as Exhibit "A". A. The Firm shall not use more than one attorney for the same specific task without the CDC's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the CDC. B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the CDC's Legal Counsel and the Firm. The CDC shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Firm. C. The CDC has appropriated or otherwise duly authorized the payment of an amount not to exceed $25,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out- of-pocket disbursements exceed this amount without written authorization of the CDC. D. The Firm shall keep the CDC advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not December 29, 2009 Page 1 of 8 Between City of National City Agreement for Legal Services and Lance Garber charge the CDC for travel time; however, the Firm may charge for work performed for the CDC during any travel time. E. The CDC further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal ress deliveries, document reproduction, client -requested clerical overtime, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the CDC with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the CDC has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page whether in-house or through an outside vendor. (4) Auto mileage (5) Secretarial overtime. Where case requirements demand overtime, the CDC will consider reimbursement on a case -by -case basis. The CDC will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the CDC's prior consent. The CDC expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the CDC will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the CDC's payment process, the CDC will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to George Eiser, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for December 29, 2009 Page 2 of 8 Between City of National City Agreement for Legal Services and Lance Garber billing evaluation and review purposes shall be made available to the CDC in support of bills rendered by the Firm. G. The Firm agrees to forward to the CDC a statement of account for each one -month period of services under this Agreement, and the CDC agrees to compensate the Finn on this basis. The Firm will consult monthly with the CDC as to the number of attorney hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person(s) involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The professional capacity (partner, associate, paralegal, etc.) of the person(s) performing services should be included. (f) All invoices should reference a Project Name and, where available, a Project Number as provided by the CDC (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate: The CDC does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the CDC will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a CDC decision, and the CDC's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is December 29, 2009 Page 3 of 8 Between City of National City Agreement for Legal Services and Lance Garber concluded or the attorney leaves the firm. The CDC will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the CDC must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the CDC. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the CDC. All such work product shall be confidential and not released to any third party without the prior written consent of the CDC. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the CDC or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Firm and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the CDC or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the CDC and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CDC, its agents, officers, or employees. December 29, 2009 Page 4 of 8 Between City of National City Agreement for Legal Services and Lance Garber Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the CDC. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the CDC and its Board officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the CDC and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the CDC; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the CDC by certified mail. Before this Agreement shall take effect, the Firm shall furnish the CDC with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City of National City's Drug -Free Workplace requirements. Every person awarded a contract by the CDC for the provision of services shall certify to the CDC that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Firm will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places available to employees and applicants for December 29, 2009 Page 5 of 8 Between City of National City Agreement for Legal Services and Lance Garber employment any notices provided by the CDC setting forth the provisions of this non- discrimination clause. Article 12. Effective Date and Term. The term of this Agreement shall commence on December 28,2009, and terminate on June 30,2011, unless sooner terminated as provided for herein. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the CDC's Legal Counsel. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George H. Eiser, I1I City Attorney Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 cc: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the Firm shall be addressed to: Lance E. Garber Law Offices of Lance E. Garber 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. December 29, 2009 Page 6 of 8 Between City of National City Agreement for Legal Services and Lance Garber Article 15. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 16. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the CDC and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the CDC to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. This prohibition shall not preclude the CDC from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to 'Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. 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, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. December 29, 2009 Page 7 of 8 Between City of National City Agreement for Legal Services and Lance Garber IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the 28th day of December, 2009. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: xecutive Director APPROVED AS TO FORM: George H. Eiser, III City Attorney December 29, 2009 LAW OFFICES OF LANCE E. GARBER (Corporation — signatures of two corporate officers) (Partnership one signature) (Sole proprietorship — one signature) C f,r ram^ By: Lance E. Garber, P mcipal Y Page 8 of 8 Between City of National City Agreement for Legal Services and Lance Garber L AW OFFICES OF LANCE E. GARBER EXHIBIT "A" SCHEDULE OF FEES All work will be performed on an hourly rate basis according to the following. schedule: Attorney Rate Lance E. Garber $250.00 Barbara S. Lemerman $20().00 Invoices will he sent monthly with a detailed itemization of work performed and services rendered,. C: Docurrtent, and Setiirtgs pbcard \ Local Settings \ Tc.mpttrary Internet Files \ OLK99 \ resume 12 21,Vbittc- ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) PRODUCER 4 State Farm Insurance Doug Auzat Insurance Agency, Inc. 4421 Riverside Dr. Ste. 100 Burbank, CA 91505-4051 THIS CERTIFICATION 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 # INSURED Lance Garber 1800 Century Park E Floor 8 Los Angeles, CA. 90067-1501 INSURER A: Btate Farm General Insurance Company 25151 25151 INSURER B: INSURER C: INSURER D: INSURER E: 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, INSRADD'L LTRIINSRD TYPE OF INSURANCE POLICY NUMBER ` POLICY EFFECTIVE I DATE (MM/DD/YYYYL POLICY EXPIRATION' DATE (MMIDDnYYY) UNITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 92-D8-4230-2 07/1112009 07/11/2010 EACH OCCURRENCE 1 $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & AM/ INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 X POLICY 1-1 jtei- ri LOC S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ - BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - PROPERTY DAMAGE (Per accident) $ GARAGE ---- UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN ____. AUTO ONLY: AGG $ $ EXCESS / UMBRELLA LIABILITY OCCUR C_ _ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE —I $ $ $ WORKERS EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory B yes, describe SPECIAL PROVISIONS COMPENSATION AND UABILITY Y / N EXCLUDED' ' WC STATU- I I I OERI EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ in NH) ! under below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTK)N OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured: The Community Development Commission of the City of National City and its Board officials, officers, employees, agents and representatives CANCELLATION ACORD 25 (2009/01) 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 LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTI,RIZED REPRES TATIVE A- {- pa 1988- ACORD C PORATION. II r< is reserved. The ACORD name and logo are registered marks of ACORD 1001486 2849.3 04-06-2009 5770 UPLANDER WAY CULVER CITY, CA 90230-6606 PH: 310/568-0600 FX: 310/568-0211 License/ 0802650 ARAGON-HAAS INSURANCE BROKERS, INC. BINDER OF INSURANCE I. NAMED INSURED: LAW OFFICE OF LANCE E. GARBER 1800 CENTURY PARK EAST, 8TH FL LOS ANGELES, CA 90067 2. BINDER PERIOD; THIS BINDER EXPIRES AUTOMATICALLY THIRTY DAYS FROM THE EFFECTIVE DATE STATED UNLESS EXTENDED IN WRITING BYARAGON-HAAS INSURANCE BROKERS OR SUPERCEDED BY THE POLICY. EFFECTIVE DATE: 01/06/2010 12:01 AM STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS SHOWN ABOVE 3. POLICY PROVISIONS: THE POLICY WILL BE ISSUED TO INCORPORATE THE FOLLOWING PROVISIONS PROVIDED ALL CONDITIONS OF THIS BINDER HAVE BEEN MET. PROGRAM TYPE: POLICY NUMBER: COVERAGE TYPE: CARRIER! PRIOR ACTS: LAWYERS PROFESSIONAL LIABILITY LPL-VIC-0023926-0 CLAIMS MADE VALIANT INSURANCE COMPANY POLICY INCEPTION: 01/06/2010 LIMIT DEDUCTIBI E $2,000,000 EACH CLAIM $5,000 EACH CLAIM $2,000,000 AGGREGATE SUBJECT TO: CONTRACT WORKING WITH THE CITY OF NATIONALITY WILL NOT SUPERCEDE VALIANT'S POLICY WORDING. COUNTER SIONATU I/11/2010 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) PRODUCER State Farm Insurance Doug Auzat Insurance Agency, Inc. 4421 Riverside Dr. Ste. 100 Burbank, CA 91505-4051 THIS CERTIFICATION 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 # INSURED Lance Garber 1800 Century Park E Floor 8 Los Angeles, CA. 90067-1501 INSURER A: State Farts General Insurance Company 25151 INSURER B: 25151 INSURER C: INSURER D: INSURER E: 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 MAYBE 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, ILTRIINSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) DDIJ ATTE 4MM1DIO/YYYYOY)I LIMITS GENERAL LIABILITY 1 COMMERCIAL GENERAL LIABILITY 92-D8-4230-2 07/11/2009 07/11/2010 EACH OCCURRENCE $ 1,000,000 X DAMAGE r0 REN LED PREMISES (Ea occurrence) $ CLAIMS MADE I x I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: I POLICY I jEC07 r i LOC PRODUCTS-C6MP/OPAGG $ 2,000,000 �GEN'L ^ $ AUTOMOBRE LIABLUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) _ BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ _ PROPERTY DAMAGE (Per accdent) GARAGE --� UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ 5 EXCESSI UMBRELLA LIABILITY OCCUR L , CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ WORKERS EMPLOYERS' ANY PROPRIETOR OFFICER/MEMBER (Mandatary U yes, describe SPECIAL COMPENSATION AND LIABILITY PARTNE$EEXECUTIVEIY f I EXCLUDED? ' WC STATU-1 OTH B 1 TORY LIMS ER E.L. EACH ACCIDENT i $ E.L. DISEASE - EA EMPLOYEE $ In NH) under PROVISIONS hp kiw E.L. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured: The Community Development Commission of the City of National City and its Board officials, officers, employees, agents and representatives CERTIFICATE HOLDER NCELLA ACORD 25 (2009/01) 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. AUTrI1R)2ED REPRES TATiVE �T C^ 00001�� O➢� S'1 1•988-2 ACORD C PORATION. 11 ri r ' is reserved. The ACORD name and logo are registered marks of ACORD 1001466 2849.3 04-06-2009 Policy No. 92-DB-4230-2 ADDITIONAL INSURED ENDORSEMENT Managers or Lessors of Premises Policy No.: 92-D8-4230-2 Named Insured: GARBER, LANCE 1600 CENTtiy PARK E FL 8 LOS ANGELES CA 90067-1501 Name of Person or Organization: COMMUNITY DEVELOPMENT COMMISSLON of TFIE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOyEES CITY OP NATIONAL CITY ATTN PATRICIA BEARD, REDEVELOpMENT MGR 1243 NATIONAL CITY BIND NATIONAL CITY CA 91950 Designation of Premises: 1800 CENTURY PARK E FL 8 LOS ANGELES CA 90067-1501 WHO 1S AN INSURED, under SECTION It DESIGNATION OF INSURED, is amended to include as an insured the person or organization shown above, but only with respect to their !lability arising out of the ownership, maintenance or use of the premises leased to you and designated above. FE-0494 (51A7) This insurance does not apply to: 1 FE-6484 (5181) any occurrence which takes place after you cease to be a tenant in that premises; or 2. structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown above, Printed 10 U.SA. ant Inst. rance Policy Number: LPL-VIC-0023926-0 LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS VALIANT INSURANCE COMPANY Renewal Policy Number: N/A THIS IS A CLAIMS - MADE POLICY. PLEASE READ THE POLICY CAREFULLY. 1. Named Insured and Address 2. Policy Period Law Office of Lance E Garber Effective Date: January 6. 2010 1800 Century Park East 8th Floor Expiration Date: January 6. 2011 Los Angeles CA 90067 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. 3. Limit of Liability $2.000.000 $2.000.000 Each Claim In the Aaareaate 4. Deductible $5.000 Each Claim 5. Premium $8.111 6. Forms Attached at Issue VIC-LPL-END-04 (12/081 Cancellation Amended Endorsement VIC-LPL-END-19 (12/081 Retroactive Date Limitation Endorsement -Entity VIC-LPL-END-21 (12/081 Securities Exclusion Endorsement VIC-LPL-END-CA-01 (12/081 California Amendatory Endorsement Authorized Representative Adrian J. R. Scott Date Issued 1/7/10 VIC-ALPL-DEC-01 (08/081 Paae 1 of 1 INCORPORATEi January 26, 2010 Mr. Lance E. Garber Law Offices of Lance E. Garber 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Dear Mr. Garber, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On December 29th, 2009, an agreement was entered between the Community Development Commission of the City of National City and the Law Offices of Lance E. Garber. We are enclosing for your records a fully executed original agreement. Sincerely, Esther B. Clemente Deputy City Clerk Enclosure cc: Community Development Commission