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Lidgard & Associates/Appraisals 17ta QaiKraGEM e1v DESERT MEMORANDUM TO: Chris Escobedo, Community Resources Director FROM: Lisa Chaudhry, Administrative Technician DATE: March 6, 2017 RE: Lidgard and Associates, Inc. - Market Value Study Attached for your signature is an agreement with Lidgard and Associates, Inc. for a Market Value Study of the property located on 77895 Avenida Montezuma (APN: 774-101-005). Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 202-3004-60104 X Amount of Agreement, Amendment, Change Order, etc.: $2,750.00 X A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: NA Approved by the City Council on Department DlreCtOr uthority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less. This expenditure is $9,900 and authorized by contract approved by Council. NA Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement 03/06/17: Approved by Pam Nleto NA Performance bonds as required by the agreement (originals) City of La Quinta Business License number None NA Purchase Order number t(v Qar� GEM of the DESERT CITY OF LA QUINTA SHORT -FORM SERVICES AGREEMENT ($25,000 OR LESS) 1. PARTIES AND DATE. This Agreement is made and entered into this day of March, 2017, ("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78-495 Calle Tampico, La Quinta, CA ("City") and Lidgard and Associates, Inc., a Real Estate Appraisal Firm with its principal place of business at 2592 North Santiago Boulevard, Orange, CA 92867-1862 ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A". 3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B". 4. TERM. The term of this Agreement shall be from March 1, 2017 to June 30, 2017, unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement is exempt from the five (5) year limitation. 5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation exceed Two Thousand Seven Hundred Fifty Dollars ($2,750) per fiscal year (July 1 to June 30) without written amendment. 6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in their judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing. 1 7. INSURANCE. In accordance with Section 4 of Exhibit "A", Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quinto, its officers, officials, employees and agents. Commercial General Liability Insurance: ® $1,000,000 per occurrencel$2,000,000 aggregate QR ❑ $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: Z $1,000,000 combined single limit for bodily injury and property damage. Workers' Compensation: ® Statutory Limits / Employer's Liability $1,000,000 per accident or disease. Professional Liability (Errors and Omissions): ® Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF LA QUINTA Digitally signed by q Chris Escobedo Date:2017.03.08 y: 11:45:53-08'00' By: STAFF NAME: Chris Escobedo STAFF TITLE : Community Resources Director Required for over $5,000: By: City Manager APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Lid and and Associates VENDOR NAME Scott A. Lidgard Certified General Real Estate Appraiser OWNER/OFFICER NAME OWNER/OFFICER TITLE OWNER/OFFICER OWNER/OFFIC,ER ATTEST: r SUSAN MAYSELS, City Clerk City of La Quinta, California EXHIBIT "A" TERMS AND CONDITIONS 1. Compensation. Vendor shall be paid on a time and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and approval by the City. 2. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor shall assist the City, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work. 3. Standard of Care. The Vendor shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 4. Insurance. The Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounts specified in Section 6 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), and if no amount is selected in Section 6 of the Agreement, the amounts shall be $1,000,000 per occurrence/$2,000,000 aggregate; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto); C. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease. Vendor shall also submit to City a waiver of subrogation endorsement in favor of city, and D. Professional Liability (Errors and Omissions) coverage, if checked in section 6 of the Agreement, with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. Insurance carriers shall be authorized by the Department of Insurance, State of California, to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by the City. 5. Indemnification. The Vendor shall indemnify and hold harmless the City, its Council, members of the Council, agents and employees of the City, against any and all claims, liabilities, expenses or damages, including responsible attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Vendor or subcontractor for wages or benefits which arise in connection with the performance of this Agreement, except to the extent caused or resulting from the active negligence or willful misconduct of the City, its Council, members of the Council, agents and employees of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action. 6. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 7. Termination. The City may terminate the services procured under this Agreement by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to any original field notes, drawings and specifications, written reports and other documents produced or developed for the services. The City shall pay Vendor the reasonable value of services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide services under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, 26529.00000\9101737.2 A-1 return receipt requested, postage prepaid, addressed Agreement represent that they have the authority to to the parties to the addresses set forth in the sign on behalf of the parties and bind the parties to Agreement. Vendor shall not assign, sublet, or this Agreement. This is an integrated Agreement transfer this Agreement or any rights under or representing the entire understanding of the parties interest in this Agreement without the written as to those matters contained herein, and consent of the City, which may be withheld for any supersedes and cancels any prior oral or written reason. Vendor is retained as an independent understanding or representations with respect to contractor and is not an employee of the City. No matters covered hereunder. This Agreement may employee or agent of Vendor shall become an not be modified or altered except in writing signed employee of the City. The individuals signing this by both parties hereto. 26529.00000\9101737.2 A-2 of February 21, 2017 EXHIBIT B SCOPE AND SCHEDULE OF SERVICES Chris Escobedo Community Resources Director City of La Quinta 78495 Calle Tampico La Quinta, California 92253 Subject: Market Value Study 77895 Avenida Montezuma APN: 774-101-005 La Quinta, California Dear Mr. Escobedo: 2592 North Santiago Boulevard Orange, California 92867-1862 (714) 633-8441 or (562) 988-2926 scott@lldgardinc.com I appreciate the opportunity of submitting this proposal for professional real estate appraisal services in connection with the valuation study pertaining to the above - referenced property. The scope of our services will include (1) an on -site inspection of the subject property, (3) a review of public records, (4) the research and collection of comparable market data in the immediate and general subject market area, (5) a valuation employing applicable methodology based on an analysis of the comparable market data, and (6) preparation of a formal narrative multi -parcel appraisal report in summation of the activities outlined above. The purpose of the valuation study is to express an estimate of market value of the subject property in as -is condition. Market value, as defined in Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), is defined as follows: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby.- >. Buyer and seller are typically motivated,- 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; S. A reasonable time is allowed for exposure in the open market,- LIDGARD AND ASSOCIATES Real Estate Appraisal and Consultation B-1 INCORPORATED Chris Escobedo Community Resources Director City of La Quinta February 21, 2017 Page 2 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. " The intended use of the appraisal report is to assist the City of La Quinta potential purchase negotiations with the private property owner in connection with proposed expansion plans of the adjacent public museum facility. Intended users are City officials, along with consultants thereof, for the explicit purpose and intent indicated above. The report is not intended to be distributed to, or relied upon by, third parties. The appraisal report will comply with reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), under Standard Rule 2-2(a). The report will contain a moderate level of detail with respect to the market data, appraisal methodology, and reasoning supporting the analysis, opinions, and conclusions. It will contain sufficient information for the purpose, intent, client, and intended users for which it is written. Based on the amount of time estimated to complete the appraisal study, and formal narrative appraisal report, the fee for our services will be in the total amount of $2,750, payable upon delivery of the appraisal report. The appraisal reports can be delivered electronically in PDF format via email within approximately two to three weeks following receipt of your authorization to proceed. If you are in agreement with the above terms, please sign and date a copy of this letter -agreement, and return to our office. Please do not hesitate to contact me in the event you have any questions regarding this proposal. Very truly yours, LIDGARD AND ASSOCI 11 Scott A. Li rd, MAI, CCIM Certified General Real Estate Appraiser California Certification No. AG 004014 SAL:sp M. Chris Escobedo Community Resources Director City of La Quinta February 21, 2017 Page 3 I hereby authorize the firm of LIDGARD AND ASSOCIATES, INC. to perform the appraisal services referred to above. Chris Escobedo Date EXHIBIT "C" COMPENSATION FOR SERVICES Work for Services to be billed on a time and materials basis unless otherwise set forth below. All work shall be billed based on the following Rate Schedule: see Exhibit "B" c-1 STATEMENT OF ECONOMIC INTERESTS COVED PAGE Please type or print in ink. Date Initial Filing Received cmoai use only NAME OF FILER (LAST) (FIRST) (MIDDLE) L_ ► C) P'D _'!5e_ 0lr- Ac r4N 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board Department. District if applicable Your Position ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: 2. Jurisdiction of Office (Check at least one box) State ❑ Multi -County City of ) ,4 CZ?0,(,ir r 4 3. Ty of Statement (check at least one box) Annual: The period covered is January 1, 2016. through December 31, 2016. -or- The period covered is 1 through December 31 2016. ❑ Assuming Office: Date assumed ❑ Candidate: Election year Position: V t G ❑ Judge or Court /Commissioner (Statewide Jurisdiction) ❑ County of SyG - ❑ Other ❑ Leaving Office: Date Left (Check one) © The period covered Is January 1. 2016, through the date of leaving office. .or- 0 The period covered is I through the date of leaving office. and office sought, if different than Part 1 4. Schedule Summary (must complete) ► Total number of pages including this cover page: Schedules attached .or - ❑ Schedule A-1 - Investments - schedule attached ❑ Schedule A-2 - Investments - schedule attached ❑ Schedule B - Real Property - schedule attached None - No reportable interests on any schedule cation ❑ Schedule C - income. Loans, 8 Business Positions - schedule attached ❑ Schedule D - Income - Gifts - schedule attached ❑ Schedule E - I,rcome - Gifts - Travef Payments - schedule attached MAILING ADDRESS STREET CITY STATE ZIP CODE t8usmess or Agency Address Recommended - Public Documenl) DAYTIME TELEPHONE NUMBER DDRESS ( � ( -7 1 W-) 3 3—.? T t1 EMAIL A7­- e L. 4 I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the Information contained herein and in any attached schedules Is true and complete. I acknowledge this is a public document. certify under penalty of perjury under the laws of the State of California that the foregoing is true and tort Date Signed 10111154WAV., '2S Z Signature f fA, day year,l a wiginaU elemen! with FPPC Form lot} (2016/2017) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov ACCM& �� CERTIFICATE OF LIABILITY INSURANCE DATE ([AWDD1YYYY) F3/l/2017 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 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ias) must 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 cardficate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Commercial Management Insurance Services Inc. CA License OD85858 22875 Savi Ranch Pkwy, Suite A Yorba Linda CA 92887 CONTACT NAME Yilia Wilcox PHONE (7I4)414-1167 �� Na:4714j414-I1.9s E-MAIL ADDRESS: pwilcox0cmis- ins. cam INSURE S AFFORDING COVERAGE NAIC0 INSURERA National Fire insurance of Hartford 20478 INSURED Lidgard 6: Associates Inc. 2592 K Santiago Blvd Orange CA 92867 IN5URERE:Continental Casualty Com. ant 20443 INSURERC: INSURERD: INSURER E INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE xbu SU<iR POLICY NUMBER POUCY EFF IMMMDNYYYI POLICY EXP (MMIDPNYYYILIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS4AADE $ OCCUR 7-TO NT PREMISES S 300,000 MEDEXP(Any orwPerson) S 101000 X B4022996395 314/2017 3/4/2018 PERSONAL & ADV INJURY $ 2,000 000 GEWL AGGREGATE WAIT APPLIES PER-' GENERAL AGGRECIATE $ 41000,000 X POLICY j LOC PRODUCTS-COMP)OPAGG S 4,000,000 OTHER' $ AUTOMOBILE LIABILITY COMBINED SINGLE UMST Eo_ucc,dpnY S 11000,000 BODILY INJURY (Pat peisorr) 3 A X ANY AUTO ALL OVMED SCHEDULED AUTOS AUTOS B4022998431 3/4/2017 3/4/201S BODILY INJURY(Par accidenl) S P OPER DAMAGE S _ NON-OYMED HIRED AUTOS AUTOS Unnaured motonsl8i i4 Lund $ X Uh18RELIA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 31000,000 B EXCESS LIAO CLAIMS-A1ADE. flEO I X+ I RETENTION$ 10.000 S 1 B4022998526 3/4/2017 3/4/2018 WORKER$ COMPENSATION AND EMPLOYERS' LIABILITYIN ANY PROPRiETORIPARTNERIEXECUTIVE Y�' X I PI STA Tiv ERH --- 3 1, 004, 000 E.L. EACH ACCIDENT OFFICEWMA (Mandatcry MBERIn NHI EXCLUDE 07 {&lared'aWry in NHj WA Y HC422998476 3/4/2017 3/4/201$ E.L DISEASE • EA EMPI ()YEE $ 11000,000 E.L. DISEASE • POLICY LIMIT I S 1,000,000 fl yres, dQsno under DESCtnRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more apace to required) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO [7ztTERAL LIABLITY AS PER THE ATTACHED SB146935-C 06/11. WAIVER OF SUBROGATION AS RESPECTS TO WORKERS COMPENSATION APPLIES AS PER THE ATTACHED G-19160-B 11 97. CITY OF LA QUINTA 78-495 CALLS TAMPICO LA QUIMA, CA 92253 N SHDULO 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 Michael wakely/PHYLL ACORD 26 (2014101) INS025 (201401) (01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD c�► SB-146935-C (Ed. 06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM A. Paragraph C. WHO IS AN INSURED is amended to C. The insurance provided to the additional insured does include as an additional insured: not apply to "bodily Injury," "property damage," or 1. Any person or organization whom you are "personal and advertising injury" arising out of: required by written contract to add as an additional a. The rendering of, or the failure to render, any insured on the Businessowners Liability Coverage professional architectural, engineering, or Form. surveying services, including: B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured 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 b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the written contract; or c. "Your work" that is specified in the written contract but only for "bodily injury" or "property damage" included in the products completed operations hazard, and only if: (1) The written contract requires you to provide the additional insured such coverage; and (2) This Coverage Form provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the written contract; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured„ whether on a primary, excess, contingent or any other basis. But if required by the written contract, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. SB-146935-C (Ed. 06111) (1) The preparing approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. D. Section E. of the Businessowners General Liability Conditions is amended as follows: The Duties in the Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to all loss we cover under this Policy; c. Except as provided in Paragraph B.3. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Policy; and d. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit." We have no duty to defend or indemnify an additional insured under this endorsement until we Page 1 of 3 CNA receive from the additional insured written notice of a claim or "suit." E. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph H.I. Other Insurance Condition in the Businessowners Common Policy Conditions, is deleted and replaced with the following: Otherinsurance 1. This insurance is primary and non-contributory except when rendered excess by this endorsement, or when Paragraph 2. below applies. F. The provisions of the written contract or written agreement do not in any way broaden or amend this Policy. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against: 1. Any person or organization with whom you have a written contract that requires such a waiver. H. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: 1. You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company: (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. I. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by SB-146935-C (Ed. 06111) that person at any time which results as a consequence of the bodily injury, sickness or disease. J. Expanded Personal and Advertising Injury Definition A. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: I. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. D. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies SB-146935-C (Ed. 06111) Page 2 of 3 +CNA sB-146935-c (Ed. 06111) committed by or on behalf of its owner, landlord or lessor. SB-146935-C Page 3 of 3 (Ed. 06111 ) Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement 1 This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No. G-19160-B (11-1997) Policy No: WC 4 22998476 j Endorsement Effective Date: Endorsement Expiration Data: Policy Effective Date: 03104/2017 Endorsement No: 2; Page: 1 of 1 Policy Page: 14 of 22 Underwriting Company: National Fire Insurance Company of Hartford, 333 s Wabash Ave, Chicago, IL 60604 a Copyright CNA All Rights Reserved.