HomeMy WebLinkAbout2017 CON LeSar Development Consultants - Policy Brief and Presentation on Housing NeedsSHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
LESAR DEVELOPMENT CONSULTANTS
THIS AGREEMENT is entered into this 15th day of August, 2017, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LESAR
DEVELOPMENT CONSULTANTS, a California corporation (the "CONSULTANT").
NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services
set forth herein in accordance with the following terms and conditions:
1. Description of Services. CONSULTANT shall provide services as outlined in
attached proposal, Exhibit "A"
2. Length of Agreement. The schedule is set forth below:
a) Work to be started within 3 working days of notice to proceed and will be
completed within 60 working days of start date.
3. Compensation. The total compensation to CONSULTANT for providing the
services set forth herein shall not exceed $15,000. The compensation for CONSULTANT'S
work shall be based upon and not exceed the rates given in Exhibit "B" (the labor rates) without
prior written authorization from CITY.
4. Payment Schedule. CITY will make payment within thirty (30) days of
receiving and approving a billing statement for the satisfactorily completed services of
CONSULTANT.
5. Termination. CITY may terminate this Agreement at any time by providing one
(1) day's written notice to CONSULTANT.
6. Independent CONSULTANT. It is agreed that CONSULTANT is an
independent CONSULTANT, and all persons working for or under the direction of
CONSULTANT are CONSULTANT'S agents, servants and employees, and said persons shall
not be deemed agents, servants, or employees of CITY.
7. Insurance. CONSULTANT shall obtain:
A. ® If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents, employees, and volunteers
as additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A:VII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with, and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
K. Insurance certificates must specify certificate holder as:
City of National City
ATTN: Risk Manager
1243 National City Blvd
National City, CA 91950-4397
8. Indemnification and Hold Harmless. The CONSULTANT agrees to defend,
indemnify and hold harmless the City of National City, its officers, officials, agents, employees,
and volunteers against and from any and all liability, loss, damages to property, injuries to, or
death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation
claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S
Standard Short Form Agreement Page 2 of 5 City of National City and
Revised July 2017 LeSar Development Consultants
performance or other obligations under this Agreement; 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 CITY, its agents, officers employees, or
volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT
shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
8. Acceptability of Work. The CITY shall, with reasonable diligence, determine
the quality or acceptability of the work, the manner of performance, and/or the compensation
payable to the CONSULTANT.
9. Business License. CONSULTANT must possess or shall obtain business license
from National City Finance Department before beginning work.
10. Miscellaneous Provisions.
A. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
B. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
C. 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.
D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits,
schedules, or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this Agreement, the terms and conditions of this Agreement will control.
E. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
F. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
G. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The CONSULTANT shall comply with all
laws, including federal, state, and local laws, whether now in force or subsequently enacted.
H. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent, or representative of any
party hereto shall be of any effect unless it is in writing and executed by the party to be bound
thereby.
I. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
Standard Short Form Agreement Page 3 of 5 City of National City and
Revised July 2017 LeSar Development Consultants
J. Subcontractors or SubCONTRACTORs. The CITY is engaging the services of the
CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the
work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any
portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply
with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 7 and the
indemnification and hold harmless provision of Section 8 of this Agreement.
K. 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, (iii) each such party has consulted with or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has deemed appropriate, relative to any
and all matters contemplated under this Agreement, (iv) 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.
IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date
and year first above written.
CITY OF NATIONAL CITY
Leslie Deese, City Manager
Standard Short Form Agreement Page 4 of 6
Revised July 2017
LeSar Development Consultants
By: \ A144a-4\0,1
Catherine Romanas
Director of Operat.
By:
T.
an
Director of Finance and Administration
City of National City and
LeSar Development Consultants
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4397
Phone: (619) 336-4279
Contact: Alfredo Ybarra
Title: Director
Dep.: Housing and Economic
Development
Email: Alfredoy@nationalcityca.gov
Standard Short Form Agreement
LESAR DEVELOPMENT CONSULTANTS
404 Euclid Avenue, Suite 212
San Diego, CA 92114
Phone: 619 236-0612 Ext 103
Fax: 619 236-0613
Contact: Artemis Spyridonidis, Esq.
Title: Senior Associate
Email: artemis@lesardevelopment.com
Taxpayer I.D. No.:
Page 5 of 5 City of National City and
Revised July 2017 LeSar Development Consultants
LESAR
so DEVELOPMENT
CONSUL TANIS
Memorandum
44o Euclid Avenue, Suite 212
San Diego, CA 92114
(619) 236-o612 (0)
(6i9) 236-o613 (F)
www.LeSarDevelopment.com
To: Carlos Aguirre, Housing and Economic Development Manager, City of National City
Brad Raulston, Deputy City Manager, City of National City
Alfredo Ybarra, Director Housing & Economic Development, City of National City
From: Artemis Spyridonidis, Senior Associate, LDC
Sharon Hudnall, Senior Associate, LDC
cc: Jennifer LeSar, President and CEO, LDC
Date: July 26, 2017
Re: Proposal to Provide a Policy Brief and Presentation to City Council on Housing Issues
Introduction
In a phone meeting with National City Housing and Economic Development Department (EDD)
management on July 14th, LeSar Development Consultants (LDC) was requested to provide a
proposed Scope of Work for development of a policy brief related to providing general updates on
the affordable housing sector; a basic, neutral, educational overview of project labor agreements;
updates on new financing opportunities; and, a benchmarking analysis of National City's housing
development policies. The briefing will be delivered to the City Council in September 2017 as a 90-
minute workshop led by LDC, including a PowerPoint presentation and a Policy Memo.
Understanding of the Issues
As California moves forward to address the critical need to boost the supply of low -to -mid market
housing, especially within coastal cities, a number of key policy tools are being explored by local
jurisdictions to reduce or control development costs and increase affordability. Selection of the most
appropriate policy vehicles to achieve this aim requires consideration of project scale and impact on
financial feasibility, meeting workforce requirements, and providing incentives, while removing
unnecessary barriers, to encourage developers to build more housing. As California's coastal cities
from north to south have discovered, a "one size fits all" approach to developing housing policies is
not possible. Each municipality must evaluate, select, and adapt policy actions that best support local
economies and objectives.
[Type here] [Type here] Exhibit A
The timing for National City to examine housing policy issues is made more urgent by pending
updates to the Downtown Specific Plan in October 2o17. The City Council may choose to integrate
new provisions into the Plan amendments, and has asked EDD to explore in advance the most
challenging hosing policy issues.
In discussions with National City, interest was expressed in obtaining policy research findings and
analysis to address the following priority issues:
1. Project Labor Agreements (PLAs): What are PLAs? What are they designed to achieve? What
are the pros and cons? At what point do PLAs make financial sense, and when do they not?
Are there other ways to achieve the desired impacts, such as local preference, or prevailing
wage? Our analysis will be neutral, objective, and factual, without advocating for or against
P LAs.
2. What are the general trends in the Affordable Housing Sector across the state? What
pending or recently approved legislation could increase funding resources to boost the
production of affordable housing? What trends are there around naturally occurring
affordable housing (NOAH), preservation, micro -units, ADUs, mixed -income housing, anti -
displacement efforts, and neighborhood -strengthening strategies?
3. What are the most effective vehicles to bring housing markets into balance? What
opportunities are there through Accessory Dwelling Units (ADUs) and other innovative
housing types that are feasible for residential small spaces and would diversify the range of
options for students, the elderly, millennia's, and other populations with low -to -mid incomes?
4. How does National City measure up against other similar California municipalities in terms of
housing policy development?
Scope of Work and Deliverables
LDC will conduct policy research focusing on four distinct categories, which will form the basis for
the Policy Memo and presentation:
1. A neutral overview of Project Labor Agreements (PLAs).
2. Identifying sources of state funding for affordable housing (existing and pending).
3. Financing
4. Benchmarking National City against other cities in California, using a dashboard of indicators
to measure current position and progress in terms of housing policy development. The
dashboard will be framed on the "Four Levers" to narrow the housing affordability gap: (i)
Unlocking Land; (2) Reducing Construction Costs; (3) Improved Operations and Maintenance;
(4) Lowering Finance Costs.'
1 The McKinsey Global Institute report, "A Blueprint for Addressing the Global Affordable Housing Challenge,"
(2014)
[Type here] [Type here] Exhibit A
The project deliverables will consist of:
i. A Policy Memo or briefing paper to submit to the City Council in September, 2o17.
2. A PowerPoint Presentation to City Council Members led by LDC housing policy staff at a 90-
minute workshop.
Specific tasks to be accomplished as part of the work scope are as follows:
i. Phone calls (three), and electronic communications as needed to obtain information
supporting the research. LDC will also be available to address questions by phone as follow-
up to the Policy Presentation to City Council.
Timeframe: Authorization to start project (July) and continuing to end of August.
2. Research and Analysis
a. LDC will objectively and neutrally lay out the key issues most relevant to National City
in exploring PLA policies, i.e., scale (cost -benefit thresholds), impact on base of
contractors, and comparison with other labor requirements, such as prevailing wage
ordinances.
b. LDC will identify funding sources for infill development and related policy
requirements.
c. LDC's presenters will provide education on the four key levers of housing
affordability, as addressed by experts in the field (e.g., McKinsey'; Holland & Knight
on CEQA Streamlining, and others).
d. LDC will develop and present a dashboard or matrix of indicators to benchmark
National City's housing policy position against other California cities.
Timeframe: July start date to end of August.
3. Meetings (2)
a. Presentation of draft Policy Memo and PowerPoint to EDD in advance of workshop
b. Policy 9o-minute briefing workshop conducted for City Council.
Timeframe:
a. Week of August 28th (date and time to be determined) for delivery of draft materials.
b. The 1st, znd or 3rd Tuesday in September (TBD) to conduct Policy Briefing workshop.
Budget
LDC will conduct the project for an amount not to exceed $15,000. This quote includes staff time,
local travel, and materials. We will provide a schedule of hourly fees for services requested with
monthly invoices.
2 The McKinsey Global Institute report, "A Blueprint for Addressing the Global Affordable Housing Challenge,"
(2o14) addresses housing cost reduction and bringing housing markets in balance so that supply can better
match demand. The elements of the framework are: (i) unlock land; (2) reduce construction costs; (3) reduce
operations and maintenance costs; and (4) reduce financing costs.' In October 2016, McKinsey Global Institute
also published "A Tool Kit to Close California's Housing Gap: 3.5 Million Homes by 2o25."
[Type here] [Type here] Exhibit A
Project Team
The Project Leader will be Artemis Spyridonidis, Senior Associate and LDC housing policy expert. She
will oversee research tasks, provide coordination with EDD, and serve as primary presenter to City
Council at the Policy Briefing Workshop.
Policy research will be accomplished by Sharon Hudnall, Senior Associate, with assistance on PLA
issues from Cecilia Estolano and Cynthia Guzman at Estolano LeSar Perez Associates (ELP), a Los
Angeles -based affiliate. Research relating to EIFDs and CRIAs will be conducted by Richard France,
Principal, ELP. Assistance in housing policy analysis will be provided by Kristian Castro, Housing
Policy Intern, LDC.
Brief bios summarizing the qualifications of the proposed project team are attached below.
Project Team Bios
Jennifer LeSar
President and CEO, LeSar Development Consultants
With more than 25 years of experience in the real estate development and
investment banking industries, Jennifer LeSar brings a diverse background to her
work in community development and urban revitalization. Her technical expertise
spans from policy and program development to comprehensive strategic planning
for top executives and executive teams to the origination and underwriting of
complex investments in equity funds, multi -family portfolios, historic, and low-
income tax credit properties utilizing federal and state financing programs. Ms.
LeSar's educational achievements include two advanced degrees from UCLA — an M.B.A. in Real
Estate, Finance and Nonprofit Management and an M.A. in Urban Planning. She received her B.A.
from Bryn Mawr College in Political Science and Economics.
Artemis Spyridonidis
Senior Associate, LeSar Development Consultants
Artemis Spyridonidis is covering housing policy issues, including structural solutions
to the housing affordability crisis, consolidated plans, housing elements, accessory
dwelling unit policy implementation, and regional issues across the state of
California. After receiving degrees in Political Science and Spanish from Bridgewater
State University in Massachusetts, she worked for the now late Congressman Joe
Moakley before moving to San Diego. During her prior employment with then
Councilmember Toni Atkins, she handled housing and homelessness policy. She then went on to
work in the San Diego Housing Commission's Housing Finance and Development Department before
attending law school. Artemis also serves as a board member of the City Heights CDC, C3, and
Circulate San Diego.
[Type here]
[Type here] Exhibit A
Sharon Hudnall
Senior Associate, LeSar Development Consultants
Sharon Hudnall, Senior Associate, is a strategic resource development and
communications consultant to the government and nonprofit sector, bringing
expertise in identifying and pursuing public and private financing opportunities for
capital projects and programs. Prior to joining the LDC team, she supported the
Jacobs Center for Neighborhood Development through successful campaigns that
financed civic engagement, planning, environmental and infrastructure
improvements, and construction for a multi -phased $i billion transit -oriented urban
village in southeastern San Diego to be completed by 2o3o. Ms. Hudnall received her M.A. in America
Literature from San Diego State University.
Cecilia V. Estolano
Co -CEO, Estolano LeSar Perez Advisors
Cecilia V. Estolano, Co -President and Co -CEO, ELP Advisors, is an expert in sustainable
economic development and urban revitalization. The many projects she has directed as
co-founder of ELP Advisors include advising local governments, non -profits and
foundations on redevelopment dissolution and economic revitalization; overseeing
research on green infrastructure and job creation in Philadelphia; and managing
complex multi -stakeholder processes, including the creation of economic development
implementation plans and the LA 205o visioning project for the Goldhirsh Foundation. Ms. Estolano
previously served as Chief Executive Officer of the Community Redevelopment Agency of the City of
Los Angeles (CRA/LA) where she rebuilt the agency's housing department and oversaw the
development of 4,752 units of housing. Additionally, she was the Chief Strategist of State and Local
Initiatives for Green For All, a national organization that advocates for broad opportunity in the
clean -energy economy.
Cynthia Guzman
Senior Associate, Estolano LeSar Perez Advisors
Cynthia Guzman, Senior Associate, specializes in economic and workforce
development. Much of her work at ELP Advisors involves equitable economic
development, including lead roles in projects to develop implementation plans for the
Community Development Commission of the County of Los Angeles and the City of
Pasadena. For the County of Los Angeles, she helped develop a strategy for a
bioscience cluster in the Eastside of Los Angeles. She continues this work as Project
Manager for the LA Bioscience Hub, a non-profit organization dedicated to facilitating
the development of a bioscience cluster in East LA. For the California Public Utilities Commission, she
delved into existing energy efficiency utility programs and developed recommendations to increase
workforce education and training opportunities for California's disadvantaged workers. Ms. Guzman
received both her Masters of Urban & Regional Planning and her undergraduate degree in English
from UCLA.
[Type here] [Type here] Exhibit A
Richard France
Principal, Estolano LeSar Perez Advisors
Richard France is a Principal at Estolano LeSar Perez Advisors, where he assists clients
with strategic planning, visioning, and community and economic development. His
work includes working with public agencies to offer strategic guidance related to the
dissolution of redevelopment agencies, and he has worked with several entities to
develop strategies to implement new tax increment financing tools. This includes
working with stakeholders to evaluate the feasibility of establishing a Community
Revitalization Investment Authority (CRIA) or an Enhanced Infrastructure Financing
District (EIFD) to fund the construction of Hollywood Central Park. He also offered input on the
creation of a tax increment finance district to fund a portion of Park 1o1 in Downtown Los Angeles.
Mr. France is also the primary author of a report on the current state of human development in Los
Angeles for the Goldhirsh Foundation (LA2o5o) and has reported strategies to foster resilience in Los
Angeles County's most vulnerable communities for the American Red Cross Los Angeles Region. His
work in active transportation includes coordinating a study to improve bike and pedestrian access to
transit oriented districts for the County of Los Angeles, and working with the Southern California
Association of Governments to host tactical urbanism events throughout the region. Mr. France
serves as an Advisor for Investing in Place, a nonprofit organization examining transportation
finance, social equity, public health, and environmental sustainability. He previously worked for a
media consulting firm, where he assisted on social action campaigns, including partnership
development and day-to-day execution of active campaigns. Mr. France received his M.A. in Urban
Planning from UCLA and a Bachelor of Environmental Design from University of Colorado at Boulder.
Kristian Castro
Housing Policy Analyst Intern, LeSar Development Consultants
Kristian Castro is LDC's new summer intern who will be supporting the senior team
with research, writing, coordination, and analysis on housing policy and various
consulting projects. Growing up in a low-income household in National City, Kristian
hopes to gain insights, tools, and training on affordable housing development and
policy research that will be valuable in his career aspirations working with
underserved communities through urban planning and advocacy.
Kristian graduated from UC San Diego with a Bachelor's in Communication and has since sought out
different avenues to build upon his education. He received his Certified Nonprofit Professional
credential from the Nonprofit Leadership Alliance, a Certificate in Transportation Management from
the Mineta Transportation Institute, and a Certificate in Real Estate Finance, Investments, and
Development from the University of San Diego. This fall, Kristian will be matriculating into UC Irvine's
Master of Urban and Regional Planning program.
Prior to joining LDC, Kristian worked at the Regional Task Force on the Homeless where he
supported data acquisition and reporting efforts while coordinating the San Diego region's Point -in -
Time Count, an annual census of homeless individuals. He also recently completed two terms of
AmeriCorps service and a journalism fellowship with Fusion Media Network.
[Type here] [Type here] Exhibit A
Exhibit B
Labor Rates
Staff Level
President & CEO
2017 Billing Rate
$ 280
Senior Principal
$ 250
A
Principal — Level 3
$ 240
Principal — Level 2
$ 230
Principal — Level 1
$ 220
Director
$ 185
Senior Associate — Level 3
$ 170
Senior Associate — Level 2
$ 160
Senior Associate — Level 1
$ 150
Associate — Level 3
$ 140
Associate — Level 2
$ 130
Associate — Level 1
$ 120
Research Analyst
$ 85
Administration/Operations
$ 80
Standard Short Form Agreement Page 6 of 6 City of National City and
Revised July 2017 LeSar Development Consultants
ACO
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM DDM'YY)
0810312017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
INSURED
Stromsoe Insurance Agency
24910 Las Brisas Road, Ste 117
Murrieta, CA 92562
License #: 0D06577
LeSar Development Consultants
404 Euclid Avenue, #212
San Diego, CA 92114
CONTACT
NAME:
PHONE
(A/C No. Ext):
E-MAIL
ADDRESS:
INSURE A :
Krista Clements
(951)600-5751
krista@siaoline.com
INSURER(S) AFFORDING COVERAGE
Ohio Security Insurance Co
FAX
No): (951)677-6265
INSURERS: California Automobile Insurance Company
INSURERC: Technology Insurance Co
INSURER D: ACE American Insurance Co
INSURER E :
NAIC
24082
38342
42376
22667
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COVERAGES
•
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. V IY1 YLf\. OO
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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07/15/2017
07/192017
07/15/2018
07/19/2018
1,000,000 Occurance
BOP Property (BOPPR
DESCRIPTION OF OPERATIONS! LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mo a space Is required)
The Clty and Its officers, agents, employees, and volunteers are named as additional insured per endorsementCG 88100413.
Waiver of Subrogation for the Workers' Comp policy In favor of the City per endorsement WC 040306.
HOLDER
CANCELLATION
City of National City
ATTN: Risk Manager
1243 National City Blvd.
National City, CA 91950-4397
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
(KMC)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Printed by KMC on August 03, 2017 at 02:19PM
COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
IMMMIMMIONIMIOIN
SUBJECT
^�^^- NON -OWNED AIRCRAFT
NON -OWNED WATERCRAFT
INDEX
PAGE
2
2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by
the endorsement.
A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of
the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically
in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under
this provision.
B. NON -OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property
damage" results from the use of elevators. For the purpose of this provision; elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other
Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III - Limits of
Insurance.
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b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section III - Limits Of Insurance.
2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph
(b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the "bodily injury' or "property damage" occurs, or the "per-
sonal and advertising injury" is committed, subsequent to the signing of such written contract or
written agreement; or
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b. Premises or facilities rented by you or used by you; or
c. The maintenance, operation or use by you of equipment rented or leased to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1)
This insurance does not apply to "bodily injury", "property damage", or "personal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
(2) This insurance does not apply to "bodily injury' or "property damage" included within the
"completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following
hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured
under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured
under this endorsement ends when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes
place after the equipment rental or lease agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement
is signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written
notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi-
tions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury' or "property damage" arising from the sole negligence of the additional insured.
b. "Bodily injury' or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-
ing of, or the failure to render, any professional architectural, engineering or surveying services,
including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense which caused the
"personal and advertising injury", involved the rendering of, or the failure to render, any professional
architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1)
All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III
- Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-
ed as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured's policy has an Other Insurance provision making its policy excess, and you
have agreed in a written contract or written agreement to provide the additional insured coverage on a
primary and noncontributory basis, this policy shall be primary and we will not seek contribution from
the additional insured's policy for damages we cover.
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b. The following is added to Paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for which the
additional insured has been added as an additional insured on other policies.
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS ! MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co -"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers" while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a
consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraphs (1) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to others, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not
apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury' caused by
an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-
ees" of yours. However, none of these "employees" are insureds for "bodily injury' or "personal and
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advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to
cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica-
tion by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section 11 - Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named Insured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies
as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre-
sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties
In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit' by an agent, servant or "employee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section 1I - Who Is An Insured or a person who has been designated by them to receive reports of
"occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or
"employee".
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium charge, your policy will automatically provide the coverage as of the day the revision is
effective in your state.
O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death that results from such physical injury, sick-
ness or disease.
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans-
fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we
make for injury or damage arising out of your ongoing operations or "your work" done under a
contract with that person or organization and included in the "products -completed operations hazard"
provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you
waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
ment.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC040306
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Any person or organization as required by written contract. $250.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
Endorsement Effective 12/1/2015
Policy No. TWC3513366 Endorsement No. WC040306
Insured LeSar Development Consultants (a Corp) Premium $ 3130
Insurance Company Technology Insurance Company
Countersigned by
The City of National City
MEMORANDUM
DATE: 8/28/17
TO: Mike Dalla, City Clerk
FROM: Angelita Palma, Community Development Specialist II
Housing & Economic Development
SUBJECT: Agreement for your records
Attached is a copy of:
SHORT FOR SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LESAR
DEVELOPMENT CONSULT ANTS
Please keep the signed agreement on file in your office. Thank you.
1243 National City Blvd; National City, California 91950