HomeMy WebLinkAboutS03-Community Development
-
CiT"( OF SAN BERNrOINO - REQUEST Fe1 COUNCIL ACTION
~- ~.
From:
Kenneth J. Henderson, Director
Community Development
February 2, 1989
SubllC~"y.\~asiOVAL or SMALL BUSINESS
R;.C":l.-' w LO~2~ STAGECOACH AIRPORTU
..:1~ n.n -'2 ($N.:1f1lE AMOUNT or $50'OOO.~
Dept:
Dlt.:
Synopsis of Previous CouncillCtion:
None.
'lecommended motion:
Adopt Resolution
Conlact parson:
Supporting dala It:E~hed:
Ken Henderson
Phone:
5065
staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
$50,000.00
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
121-547-57964
Small Business Loan Fund
. /,/J
Finance: P lJ-u:/'
:ouncll Noles:
Agenda Item No.
5~3
CITY OF SAN BERNOlDINO - REQUEST FeR COUNCIL ACTION
STAFF REPORT
Companv
STAGECOACH AIRPORTER
,.Description of Companv
The Stagecoach Airporter Limousine Service, Inc., provides
transportation services primarily to travelers using either
the Los Angeles or Ontario airports. The company was
established in 1980 under a sole proprietorship and was
later incorporated under California Law in 1986.
In June, 1988, the company was purchased by Mr. John
Bradshaw and Associates. This, in effect, has alleviated
the financial and other constraints under which the company
was operating. The new owner and president of the company,
Mr. Bradshaw, has provided the Community Development
Department with specific responses to problem areas
identified by staff. These areas related to problems with
cash flow, taxes, fixed assets, overall financial
statements, personnel policies, etc. The corrective
actions initiated by the new owners appear more than
adequate in addressing the problem areas.
The new owners have liquidated certain debts that forced
bankruptcy and overall poor performance. These included
vehicle insurance, worker's compensation, transportation
fees, taxes and airport fees. In addition, the new owners
have purchased two (2) new fifteen (15) passenger vans and
made overall improvements to the state of the current
vehicles. The company currently owns five (5) vehicles
which are in good operating condition.
Amount and Purpose of Loan
The company is requesting a total of $50,000 for the
purpose of updating and expanding its services. This will
be accomplished through the addition of two (2) new
vehicles. Included in this loan sum will be the cost of
advertising, loan consolidation and working capital.
Collateral
The loan will be collaterlized by Title to the new
vehicles, personal guarantee, accounts receivable and
company's furniture and fixtures.
February 2, 1989
75-0264
~',
....-'".
-
-....I
Job Creation
The company expects to create a total of six (6) new jobs
comprising of three (3) full time jobs and three (3) part-
time jobs.
Affect on Comoany
As a result of this loan, the company will be in a much
better position to compete effectively with other limousine
services operating out of the various airports. Their
financial position will increase tremendously because of
the increased gross generation of income plus the reduction
in vehicle down time due to repair and maintenance.
Scheduling of trips should also improve because of the
reliability of the new vehicles. The company will also be
able to provide a more comfortable and aesthetically
appealing environment for its customers.
The reason this item was olaced on the suoolemental aqenda
is that the loan aoolicant requires a decision by the Mayor
and Common Council bY no later than February 20. 1989.
Althouqh this item was submitted in time for the reqular
aqenda. the internal review orocess was not comoleted orior
to the reqular aqenda qoinq to orint.
Recommendation
I recommend adoption of the resolution.
Ke~~~
Director of Community Development
KJH/lab/3031
#""",, ""'~
VRESOWTION NUMBER 'wi
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF A SMALL BUSINESS WAN AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND STAGECOACH AIRPORTER IJI
3 THE AMOUNT OF $50,000.00.
4
6
6
7
8
9
10
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLWWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized to execute, on behalf of the City of San
Bernardino, a small business loan agreement with Stagecoach
Airporter, a copy of which loan agreement is annexed hereto as
Exhibit "1" and is incorporated herein by reference as though
11
12
13
14
15
16
17
18
19
20
fully set forth at length. The agreement provides for the
loaning of funds from the small business loan program in the
amount of $50,000.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereot, held on the
, 1988, by the following vote
___ day of
to wit:
AYES: Councilpersons
21 NAYES:
ABSENT:
22
23
24
25
26
27
28
KJH/lab/0680
February 2, 1989
City Clerk
1
The foregoinq r~lution i. hereby approved~i.
1
2
3
"
6
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
, 1988.
day of
Mayor, city of San Bernardino
Approved as to form and
legal content:
-
.j
city Attorney
22
23
24
25
26
27
28
I<JHjlabj0680
February 2, 1989
2
'\.
~
ffl
"',
,
y
'"'.
,
"'"'"
j .
CITY OF SAN BERNARDINO
COMMUNITY DEVEU>PMENT DEPARTMEM'l'
-Economic Development proqraa-
(IDS Fee-Financed)
. .
,
. ..
BORROWER:
~TAGECOACH AIRPORTER
PROJECT TITLE:
BUSINE~S EXPANSION
PROJECT ADDRESS:
265 E. MILL STREET. UNIT ''M''
SAN BERNARDINO, CA 92408
LOAN IS NUMBER
CONTRACTS.
1989-002
OF COMMUNITY DEVEU>PMENT
J(J}{/lab/0256
EXHIBIT "I" .'
Section
Rumber
SBCTION I
S101.
8102.
5103.
5104.
5105.
~'-)
~
TABU or
--
"'-' ~gHfl.f.
Titl,
PARTIES, TERM, CONDITIONS PRECEDENT
AND INDEPENDENT STATUS
Partie. to the Agreement
"
Representative. of the Partie. and
Service of Notice.
Term of this Agreement
Conditions Precedent
Independent Contractor Status of
the Borrower
5ECTION II PURPOSE OF AGREEMENT AND LOAN, LOAN
TERMS, AND PROMISSORY NOTE
5201.
5202.
5203.
5204.
5ECTION III
5301.
5302.
5303.
5ECTION IV
5401.
5402.
5403.
5404.
Purpose of the Agreement
Purpose of the Loan
Terms of the Loan
Promissory Note
REPRESENTATIONS AND COVENANTS OF
BORROWER, AND DEFAULT
Representations of the Borrower
Covenants of the Borrower
Default
REPORTS, RECORDS AND AUDITS
.--.....
--
ba
2
( 2
-.'
3
3
3
4
4
4
5
6
7
8
Reporting Requirements 10
Maintenance of Records 10
Audits and Inspections 11
Validity of Financial Documentation 11
Submissions
i
section
Humber
S405.
S406.
SECTION V
.8501.
S502.
S503.
S504.
5505.
5506.
5507.
5508.
S509.
5510.
5511.
5512.
S513.
5514.
5515.
5516.
5517.
5518.
5519.
v
..
TABLI cOCOHTEM'1'8 (Cont...)
:)
Tith
lAU
Release of Funds froll Escrow
11
12
Reconveyance Fe.
GENERAL TERMS AND CONDITIONS
Indeanification and Insurance
Requirements
12
,,,
Prohibition Against Assignment
13
13
14
Limitation of Corporate Acts
Amendments and Waivers
Compliance with statutes and
Regulations
Conflict of Interest
14
14
16
Political Activity Prohibited
Lobbying Prohibited
Installation of Financial Assistance
Sign
16
16
Press Releases
16
Discrimination Prohibited
16
Nondiscrimination, Equal Employment 17
Practices, and Affirmative Action Plan
Employment Opportunities for Business 17
and Lower Income Persons
Participation of Minorities, Women and 18
Small Businesses
Captions 18
Effect of Legal Judgment 18
Choice of Law Governing this Agreement 19
Prohibition of Legal Proceedings 19
Rights and Remedies 19
ii
Section
Humber
TAB~O' CONTENTS (Cont...) {t
,.....,
~
TUh
SECTION VI ENTIRE AGREEMENT
S601.
5602.
JOH/lab/0257
Complete Agreement
Number of Pages and Attachments
Execution (Signature) Page
ATTACHMENTS
Attachment I -- ~~loyaent Action Plan
Attachment II -- Insurance Require_ents
Hi
ba
19
19
19
.'9
AG~ NUMBER
t~
...."".
1'lA9-002
v
BE'lWEEN THE CITY or SAN BERNARDINO AND THB STAGECOACH AIRPORTllR
BUSINESS EXPANSION
(RELATING TO) THB
PROJBCT
-------------------------------------------------------------------
THIS
City of San
"City", and
hereinafter
AGREEMENT is made and entered into by and between the
Bernardino, a municipal corporation, hereinafter call
STAGECOACH AIRPORTER
called the "Borrower".
,
Jf~tHE:2.:2.EtH
WHEREAS, the city has entered into a Grant Agreement with
the United States Department of Housing and Urban Development,
hereinafter called the Grantor, pursuant to Title I of the Housing
and Community Development Act of 1974, as amended, hereinafter
referred to as HCDBG, to address the community development needs of
the City; and
WHEREAS, the Community Development Department, hereinafter
called the "COD", has been desiqnated by the City to provide for
proper planning, coordination and administration of the City'S
programs as described in the City'S Grant Agreement with the
Grantor, and of certain projects funded by the city~ and
WHEREAS, the COD cooperates with private individuals and
organizations, other agencies of the City and agencies of other
gove~ental jurisdictions in carrying out certain functions and
programs which are its responsibility~ and
WHEREAS, the Small Business Revolving Loan Fund program has
been established by the city as part of a City of San Bernardino
Economic Development Program ("EOP"), and has been approved by the
San Bernardino Mayor and Common Council ~ and
WHEREAS, the project which is the subject of this agreement
meets the requirements of the above described program~ and
WHEREAS, Borrower has applied to the City for a loan to help
finance the project~ and
WHEREAS, the City is willing to lend monies to the Borrower
on the terns and conditions set forth herein;
NOW, THEREFORE, in consideration of and in reliance upon the
foregoing and upon the covenants, agreements, representations and
warranties herein contained, the City and the Borrower agree as
follows:
1
~..
@
,......
.-.
\.411111111%
......,I
SECTION I.
PARTIES. TERM. CONDITIONS PRECEDENT. AND INDEPENDENT STATUS
S101. Parties to the Aareement.
The parties to this Agreement are:
1.
The Cit! of San Bernardino, a municipal corporation,
having ts principal office at 300 North aDa Street, San
Bernardino, California 92418. .
2.
The Borrower, STAGECOACH AIRPORTER
having its principal address at 265 E. Mill Str.. Unit M
San Bernardino, CA 92405
The Borrower is (a ) Corporation
(fictitious name enterprise, individual, California
Corporation/general partnership/limited partnership.)
,
.
8102. ReDresentatives of the Parties and Service of Notices.
The representatives of the respective parties who are
authorized to administer this Agreement and to whom formal
notices, demands and communications shall be given are as
follows:
1. The representative of the city shall be, unless other-
wise stated in the Agreement:
Kenneth J. Henderson, Director
Community Development Department
300 North "D" Street, Fifth Floor
San Bernardino, CA 92418
2. The representative of the Borrower shall be:
.Tnhn RT;Il'~h.qw
265 E. Mill Street. Unit M
San Bernardino. CA 92408
3. Formal notices, demands and communications to be given
hereunder by either party shall be made in writing and
may be effected by personal delivery or by registered or
certified mail, postage prepaid, return receipt re-
quested and shall be deemed communicated as of the date
of mailing.
4. If the name of the person designated to receive the
notices, demands or communications or the address of
such person is changed, written notice shall be given,
in accord with this section, within five (5) working
2
tv
r.'"
",;,
days of saicOhange.
8103. Ten of this Agreement:.
This Agreement shall remain in full force and eftect: troa
the date of execution by Borrower of the Promissory Note,
until such time as said Promissory Note is paid according to
its terms, subject to the provisions of S303 herein.
"""
~
S104.
Conditions Precedent.
B.
Prior to the execution of thie Agreement, the Borrower shall
submit to the City for approval in writing an Affiraative
Action Program Plan in accordance with Section 512 herein.
In the event that Borrower is a corporation, then prior to
the execution ot this Agreement, the Borrower shall provide
the City with copies ot the following documents:
A.
1. Borrower's Articles ot Incorporation, and all amendments
thereto, as tiled with the Secretary ot state.
2. Borrower's By-Laws, and all amendments thereto, as
adopted by the Borrower and properly attested.
3. Resolutions or other corporate actions ot the Borrower's
Board of Directors, properly attested or certified,
which specify the name(s) of the person(s) authorized to
obligate the Borrower and execute contractual documents.
4. Certificate ot Good Standing from California Secretary
ot State.
C. In the event that Borrower is a partnership, then prior to
the execution of this Agreement, the Borrower shall provide
the City with copies of the Borrower's Partnership Agree-
ment, and evidence ot filing thereof with appropriate filing
official.
D. In the event the Borrower is an individual doing business
under fictitious name, a copy of the Fictitious Name State-
ment and evidence of the proper filing thereof.
S105. Indeoendent Contractor status of the Borrower.
The parties agree that the Borrower is an independent
contractor and that no employees of the Borrower have been,
are, or shall be employees of the City by virtue of this
Agreement, and the Borrower shall so inform each employee
organization and each employee who is hired or retained by
it.
SECTION II.
PURPOSE OF AGREEMENT AND LOAN, LOAN TERMS, AND PROMISSORY NOTE
3
WI
~
:)
.-
'-"
8201. Purpose of the Aareement.
The purpose ot th18 Agreement 18 to provide FIFTY
THOUSAND AND 00/100----.------------------------------------- Dollars
($50,000.00 ) of IDP fund. to be loaned by the city to the
Borrower, hereinatter called the "Loan", for the purpose and
under the terms and conditions set torth herein.
8202. PurDose ot the Loan.
The purpose ot the Loan i. to provide financial assistance
to enable the Borrower to:
1. PurchaAe new vehicle.
2. Consolidate Loan.
3. Advertise.
4. Working Capital.
8203. Terms of the Loan.
A. The city agrees to lend the Borrower, and the Borrower
agrees to borrow from the City, an amount not to exceed
FIFTY THOUSAND AND 00/100------------------- DO~, ($ 50,000.00 ),
such transaction hereinafter referred to as the "Loan". The
Loan is to be evidenced by, and made against delivery of a
Promissory Note executed by the Borrower, hereinafter called
the "Note" and by this reference incorporated herein.
B. The Note shall (a) be dated as of the closing, (b) bear
interest on the unpaid principal at the rate of six percent
( 6% ) per annum, (c) be for a term of ei~ht ( II )
years, and (d) provide for payment of the principal amount
thereof and the interest thereon in nintv-six
(96 ) equal monthly installments of SIX HUNDRED. FIFTY SEVEN AND
07/100------------------------------------------------------- DOLlJURS
($ 657.07 ), each including principal and interest, and
continuing until said principal and interest are paid in
full.
c. Each monthly installment shall be applied first to the
4
fB ef
payment ot interO then accrued to the da~e payment 18
received, and the balance, it any, to the reduction ot the
principal.
8204. PromissorY t{ote.
A. The obligation of the City to make the Loan 18 eubject to
receipt by the City of the Note and, at the City'. sole
discretion, to the following additional condition.
precedent:
1. The representations and warranties .ads herein by the
Borrower shall be true and correct at the tiae of
consideration by the Kayor and Common Council of the
city of San Bernardino with the same effect as though
made at the Closing.
2. Receipt by the City from the Borrower of all executed
documents in connection with this Agreement; satisfac-
tory in form and substance to the city.
3. If matching funds constitute a part of this Agreement,
then Borrower shall obtain matching funds in an amount
equal to the amount of this loan and, as required by the
city, deposit said matching funds into an account with
RIA Escrow Agency.
4. The City and the Borrower have mutually agreed to the
terms and conditions as set forth in the Employment
Action Plan, which is attached hereto as Attachment I
and by this reference is incorporated herein.
B. The Note is to be secured as follows:
1. Title to new vehicles.
2. Personal Guarantee.
3. Accounts Receivable.
4. Company's furniture and fixtures.
C. Borrower shall have the right, without penalty, to prepay
the Note together with the accrued interest thereon as of
the date of such prepayment.
D. The Borrower acknowledges and agrees that the amount being
provided under this loan shall be for a total of
FIFTY THon~ANn Ann 00/100---------_ DOLIARS, ($ 50,000.00 ), and
that no additional funds to cover additional projects costs,
anticipated or unanticipated, incurred as a result of cost
overruns or expenses in financing this project, are
available under this Agreement.
5
\9
@t
-
'"'"
...."
SECI'ION III.
'-'
REPRESENTATIONS AND COVENANTS OF BORROWER. AND DEFAU~
S301. ReDresentations of the Borrower.
To induce city to enter into this Agreement, Borrower
covenants and represents to city thatr
1. The execution, delivery and performance of the Note and
this Agreement by Borrower have been duly authorized by
Borrower. This Agreement constitute. . legal, valid and
binding obligation of Borrower, enforceable in
accordance with its term.. The execution and delivery
of this Agreement and the note, and consummation of the
transactions herein contemplated, will not conflict
with, or result in a breach of, any of the teras,
provisions or conditions of any indenture, contract,
instrument or agreement, including any partnership
agreement, to which Borrower or any of its officers is a
party. No approval, consent or authorization of any
governmental authority is necessary for the execution,
delivery or performance by the Borrower of this
Agreement or of any of the terms and conditions.
2. Borrower has good and marketable title to the real
property identified in S204B of this Agreement, located
at MIA ,
San Bernardino, California, and it is free and clear
from all liens except as set forth
herein: N/A
.
3. Borrower is in compliance with all applicable statutes,
laws, regulations, and executive orders of the United
States of America and all states, foreign countries,
other governmental bodies and agencies having
juriSdiction over its business or properties, including
(without limitation) all tax laws and Borrower has not
received notice of any violation of such statutes, laws,
regulations or orders which have not been remedied prior
to the date of this Agreement. Borrower possesses all
licenses, tradenames, trademarks, and permits as are
required for conduct of its business without conflict
with the rights of others.
D. There is not pending or threatened against Borrower, or any
of its officers, any actions, suits, proceedings or investi-
gations at law or in equity or before or by any Federal,
state, municipal or governmental department, commission,
board, bureau, agency or instrumentality which, if deter-
mined adversely, would be likely to have a materially
adverse effect on the business or properties of Borrower.
6
~-
~
-
B. Each and every _ ~nancial stateaent, docUHJl.. and record
delivered by Borrower to the City in connection with this
Agreement and the proposed transaction hereunder is . true
and complete copy of said financial state.ant, docuaent or
record, and fairly and accurately reflecta the information
it purporh to portray. There haa been no chal1ge in the
condition, financial or otherwise, of Borrower as ahown in
the financial statements dated Septemher, 1988 ,
except changes in the ordinary course of business, none ot
which, individually or in the aggregate, baa been aaterially
adverse.
S302. Additional Covenant. of'the Borrower.
Borrower covenants and agrees that, from the date hereof,
until payment in full on the Note and the interest thereon,
that it will:
1. Pay the principal and interest on the Note according to
its terms.
2. Pay any other amounts that may be due or become due and
owing to the City under or pursuant to the terms of this
Agreement or the Note.
3. Execute and deliver all instruments, and perform such
acts, as the City may reasonably deem necessary or
desireable to confirm and secure to the City all rights
and remedies conferred upon the City by the terms of
this Agreement and Note.
4. In the event that Borrower shall grant the City a se-
curity interest in Real Property as collateral under
S204B herein, then Borrower agrees to .aintain at
Borrower's sole expense a policy of title insurance
coverage equal to the amount of the loan.
S. Give notice to the City of any event that constitutes an
Event of Default as set forth in Section 303 of this
Agreement or that would, with notice, or lapse of time
or both, constitute an Event of Default under this
Agreement. Notice shall specify the nature of such
Event of Default.
6. Not enter into any agreement or other commitment the
performance of which would constitute a breach of any of
the covenants contained in this Agreement.
7. Use the Loan proceeds only for the purposes stated in
this Agreement and for no other purpose or purposes.
8. Observe all applicable federal, state and local statutes
and regulations as well as city of San Bernardino
ordinances as further defined and set forth in Section
505 of this Agreement.
7
f8
11
o 0
In the event "'t'hat Borrower 18 a corporation, th.n
Borrower 8hall do or cau.. to be don. all thlft9. n.ce.-
sary to pres.rv. and keep In tull torca and .ttect It.
corporate exlstenc., right. and tranchl....
10. Not violate any law., ordlnanc.., governaenta1 rule. or
requlations to which It 18 subject ancl not taU to
obtain any license., p8l'11lt., tranchise. or oth.r
governmental authorization neces.ary to conduct It.
bU8ine.., which violation or tallur. to obtain alght
~ave a aaterla1 adver.. eff.ct on the baa1ne.., pro-
. .pect., protita or condition (tlnanclal o~' otherwl.e) ot
Borrower.
t.
11. Submit an Annual Employment Report on or before the
fifteenth (15th) day of June for the year(.)
1989 . The Annual Employment Report shall
detail Borrower's compliance with the Employment Action
Plan, Attachment I attached hereto ancl by th18 reterence
incorporated herein, for the preceding twelve (12) month
period.
12. Maintain adequate insurance with respect to the col-
lateral and the (proprietorship, partnerShip or cor-
porate) business which is the subject of this Agreement,
with reputable insurance companies. The Borrower shall
maintain insurance in such amounts and against such
risks as is customary with companies in the salle or
similar business, in addition, said insurance
coverage(s) shall be in accordance with th. general
insuranc. provisions of thi. Agreement a8 8pecified in
S5018.5, including fire, hazard and general
comprehensive liability insurance, worker'.
compensation, construction/rehabilitation liability, to
protect such business and all property securing the
City's loan. Said insurance shall be .aintained
throughout the term of this loan. The city shall be
named as an additional insured, and the policy or
policies shall not be subject to cancellation, reduction
or nonrenewal without thirty (30) days prior written
notification to the City Attorney by certified mail.
13. Pay all indebteness and obligations promptly in accord-
ance with normal terms and promptly pay and discharge or
cause to paid and discharged all taxes, assessments and
governmental charges or levies imposed upon it or upon
its income and profits or upon any of its property,
real, personal or mixed, or upon any part thereof,
respectively, before the same shall become in default.
5303. Default.
A. The entire unpaid principal of the Note, and interest then
accrued thereon, shall become and be forthwith due and
8
{I ~
payable upon wriGn de.and by the City or J'I city's
a8sign., without any other notice or de.and of any kind or
any presentment or protest, If anyone of the followlft9
event. (herein called an -Event of Default-) shall occur and
be continuing at the ti.e of such de.and, whether volun-
tarUy or involuntarUy, or, without llaitatlon, occurrlft9
or brought about by operation of law or pursuant to or in
compliance with any jUdgment, decree or order of any court
of any order, rule or regulation or any governmental body,
providecl however that such sua shall not be payable if
Borrower's payments have bean expre.sly extended by the City
o~ the City'. assigns. -Evants of Default- shall Include, .
1. Payment of any installment of principal or interest on
the Note is not pald when due and such payment remains
unpaid for thirty (30) days.
2. Borrower fails to pay when due, or declared due, the
obligations secured under this Agreement.
3. Borrower fails to perfora or comply with any terms,
condition8, or covenants as provided in this Agreement
or in any instruments securing or related to this
Agreement.
4. If any representation or warranty made by the Borrower
in this Agreement shall prove to be untrue in any
material respect, or if any report, financial statement
or financial schedule or other instrument delivered
under or pursuant to this Agreement or the transactions
contemplated herein, to the City or to any other holder
of the Note shall prove to be untrue in any material
respect as of the date as of which made.
5. A court enters a decree or order for relief in respect
of the Borrower in an involuntary case under any appli-
cable bankruptcy, insolvency or other similar law now or
hereafter in effect, or appoints a receiver, liquidator,
assignee, custodian, trustee, sequestrator (or similar
official) of the Borrower or for any substantial part of
its property, or orders the winding up or liquidation of
its affairs and such decree or order remains unstayed
and in effect for a period of sixty (60) consecutive
days.
6. The occurrence (i) of Borrower's becoming insolvent or
bankrupt, or ceasing, being unable, or admitting in
writing its inability to pay its debts as they mature,
or making a general assignment for the benefit of, or
entering into any composition or arrangement with
creditors; (ii) of proceedings for the appointment of a
receiver, trustee or liquidator of Debtor, or of a
substantial part of its assets, being authorized or
instituted by or against it; or (iii) of proceedings
under any bankruptcy, reorganization, readjustment of
t
- -
\'P ~
c1ebt, in.ol~, dissolution, liquidat~ or oth.r
8imilar lav-~.ny jurisdiction b.ing authoriz.d or
instituted by or against the Borrow.r.
A cessation or substantial reduction ot operations in
the business which 1a the subject of this A9r...ent
und.r circum.tances indicative to the City of a lack of
intention or ability to provide continuing ..ploym.nt
and economic b.nefit. for the area in which the busine.s
is located.
Failur. to submit the Annual EIIploYJIent "port r.ferred
to in 8302 (12) w1t:hin ninety (to) day. of the scheduled
due date ,,for sald Report.
The loss, theft, substantial damage, destruction,
abandonment, sale or encumbrance to or of any of the
collateral securing payment of the Not., in any manner
not fully covered by insurance, or the lIaking of any
levy, seizure or attachment thereof or thereon.
B. If Borrower shall at any time default in making any payment
of principal or interest on the Note, Borrower shall to the
full extent permitted by law, pay to the City or other
holder of the Note, in addition to any other amounts that
may be due from Borrower to such holder, an amount equal to
the reasonable costs and expenses incurred by such holder,
in its efforts to protect its collateral, secure payment,
or otherwise defend its interests hereunder in any judicial
or administrative proceeding.
SECTION IV.
7.
8.
9.
REPORTS. RECORDS AND AUDITS
5401. ReDortina Reauirements.
A. At such times and in such forms as the City may require,
there shall be furnished to the City such 8tatements,
records, reports, data and information as the City may
request pertaining to matters covered by this Agreement.
B. Borrower will provide its financial and accounting
statements to the City for the period ending
Decemher, 1989 and annually thereafter during term of
this Agreement, but not later than three (3) months
following the expiration of any such period, and at each
other time and in such form as the City may prescribe.
S4 02. Ma intenance of Records.
A. Records, in their original form, shall be maintained in
accordance with the requirements prescribed by the Grantor
and the City with respect to all matters covered by this
Agreement. Such records shall be retained for a period of
10
e t,;~
dx (6) year. an.. teraination ot tbls ACJQ..nt and after
all other pendin;lmatters are closed. wPendlng Natters- in-
clude, but are not ll.ited to, an audit, litl9atlon, or
other action. involviftCl record.. The City aay, at it.
discretion, tat. possession ot and retain 8ald records.
B. Records in their original fora pertainin9 to matters covered
by tbi8 Agreement sball at all tilles be retained within the
City of San Bernardino, or so.e other location specifically
authorizing in writin9 by the Director of Co_unity
Development, unless authorization to reJllove the. is granted
in writing by the City.
8403. Audit:s and InsDecl:ions.
A. At any time during normal business hours and as often as the
Grantor, the U.8. Comptroller General, AUditor General of
the state of California or the City may deem necessary, the
Borrower shall make available to tbe City for examination,
all of its records with respect to all matters covered by
this Agreement. The City, Auditor General of the state of
California, Grantor, and the U.S. Comptroller General shall
have the authority to audit, examine and make excerpts or
transcripts from records, includinCJ all contracts, invoices,
materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by
this Agreement.
B. The City shall have the authority to make physical inspec-
tions and to require such pbysical safeguarding devices as
locks, alarms, safes, fire extinguiShers, sprinkler system,
etc., to 8afequard property and/or equipment funded or
secured by this Agreement. Notwithstanding such inspection
authority, Borrower is soley responsible for the provision
of security and for the safe guarding of the business and
its property.
S404. Val1ditv of Financial Documentation Submissions.
Financial reports required to be prepared and submitted by
the Borrower to the City shall be accurate and correct in
all respect8.
S405. Release of Funds from Escrow.
A. All loan proceeds shall be deposited into an escrow account
with an escrow company designated by the city. Disbursement
of funds shall be jointly authorized by the Borrower and the
City. Each disbursement shall be in accordance with 8202
"Purpose of the Loan" and shall be properly supported by
invoices, vouchers, executed payrolls, time records or other
documentation evidencing an expenditure and/or encumbrance
of funds.
B. The costs associated with the loan such as escrow fees,
11
. ~
credit report8 (~), Title Reports, or oth~slmil.r C08ts
shall be delineated in th. .scrow instructions and disbursecl
from the loan proceed. upon openiftCl ot the ..crow account.
5406. Reconvevance Fe.
In the event that real property is used to secure this Loan,
then Borrower agree. to pay any costs incident to title
reconveyance, including, it applicable, trust.e'. fees,
attorney tees, document preparation tees, recording fees or
any other related expenses.
SIC'l'IOH V"
~ .~ ' .
GENERAL TERMS AND CONDITIONS
5501. Indemnification and Insurance Reauirements.
A. Indemnification:
The Borrower undertakes and agrees to defend, indemnify and
hold harmless the City and any and all of the City'S
officers, agents, employees, assigns, and successors in
interest from and against all suits and causes of action,
claims, cost of litigation, damage or liability of any
nature whatsoever, for death or injury to any person,
including Borrower's employees and agents, or damage or
destruction to any property of either party hereto or third
persons in any manner arising by reason of or incident to
the performance of this Agreement on the part of the
Borrower or sub borrower of any tier whether or not
contributed to by any act or omission, active or passive,
negligent or otherwise, except tor the sole negligence of
the City, or the sole negligence of any of the City'S
officers, agents or employees. City approval of the
Borrower's performance, or failure to object, shall be no
defense to Borrower concerning its undertaking herein to
defend and indemnify City and others.
8. Insurance:
1. The Borrower shall provide and maintain at its own
expense throughout the term of this agreement the
insurance requirements specified herein. Evidence of
insurance shall be submitted for approval by the City.
The City special endorsement forms, referenced hereto
and incorporated by reference, are the preferred form of
evidence of insurance. Alternatively, Borrower may
submit two (2) certified copies of the full policy
containing the appropriate cancellation notice language
and additional insured/loss payee language as specified.
2. No release of funds from the Escrow Account shall be
made to the Borrower until such time as the Borrower has
complied with all insurance and bonding requirements
12
5.
e
~
3.
under this ~ement. The City'. Addit~al In.ured
Endorsement tOl'll, or a fora approved by the City,
stating that the Borrower Is so insured, must accompany
any de.and for funds unle.s said form bas been pre
ViOU81y subaitted and approved by the City. (Certitica
tion of insurance shall be procured, filed and approved
in 8trict compliance with City rules and regulations.)
With respect to the interests of the Citr' sueIl in
surance 8hall not be cancelled, reduced n coverage or
limited or non-renewed, except after thirty (30) days
written notice by receipted delivery baa bean given to
the Office of the City Attorney, City Ball, 300 North '
"D" Street, San Bernardino, CA '2418. Policies ot
insurance and fidelity bonds, except for poliCies
covering Worker's Compensation and Employees' and
Volunteer's OWned and/or Leased Vehicles, shall name the
City as an Additional Insured and said endorsements or
other evidence of insurance shall so indicate. Fidelity
bonds shall nalle the City as loss payee or additional
insured. In the event of any cancellation, non-renewal,
reduction or limitation of coverage, or notice that such
will be effected, City lIay, but is not required to,
obtain insurance to protect its interest., in which
event the cost thereof shall be reimbursed by Borrower
forthwith. Any failure to forthwith reimburse such
expense shall constitute an Event of Default.
The City reserves the right at any time during the term
of this Agreement to change the amounts and tyPes of
insurance required hereunder by giving Borrower ninety
(90) days written notice.
4.
The Borrower shall maintain minimum insurance coverages
prescribed in Attachment II of this Agreement, which by
this reference is incorporated herein.
8502. Prohibition Aaainst Assianment.
A. The Borrower shall not assign this Aqreement, nor assign or
transfer any interest or obligation in thi8 Agreement
(whether by assignment or novation) without prior written
consent of the City. No part of the property securing this
Agreement shall be assiqned or transferred (except sales of
inventory in the ordinary course of business), nor shall
such property be pledged, without the prior written consent
of City.
B. The Borrower shall not enter into any agreement with any
other party under which such other party shall become the
recipient of claims due or to become due to the Borrower
from the City without prior written consent of the City.
5503. Limitation of Coroorate Acts.
13
<<J ~
In the event thD Borrow.r i. a corporatiOD~en th.
Borrower shall not amend It. Articles of IncorPOration or
Bylaws, mOVe to dissolve, transfer any assets d.rived from
funds provicled under this Agr....nt, or take anI oth.r steps
which may materially affect its operations with n th.
p.rformanc. of this Agreement without first notitrlng the
City in writing. The Borrow.r shall notify the C ty
immediately in writing of any change in the Borrower's
corporat. n....
S504. Amendments and Waivers.
This Agr.ement..y not be chaftCled or allended orally,. and no
waiver h.r.und.r .ay be oral, but any change or am.ndment
hereto or any waiver her.under lIust be in writing and sign.d
by the party or parties against whom such Change, amendment,
or waiver is sought to be entorced.
5505. ComoHance with statutes and Regulations.
A. The Borrower warrants and certifies that in the performance
of this Agreement, it shall comply with all applicable
statutes, rules, regulations and orders of the United
states, the state of California, the County and City of San
Bernardino including laws and regulations pertaining to
labor, wages, hours and other conditions of employment and
the City's anti discrimination provisions and Affirmative
Action Plan which by this reference is incorporated herein.
Borrower further warrants and certifies that it shall comply
with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement,
upon being provided notice thereof.
Borrower covenants that the Davis-Bacon Act as amended, the
Contract Work Hours and Safety standards Act, and the
Copeland RAnti-Xickback Act- shall be a part of all con
struction contracts awarded by the Borrower pursuant to this
Agreement and all sub contracts thereto.
5506. Conflict of Interest.
A. The Borrower covenants that none of its directors, officers,
employees, or agents shall participate in selecting sub
contractors, or administering subcontracts supported (in
whole or in part) by Federal funds where such person is a
director, officer, employee or agent of the subcontractor,
or where such person knows or should have known that:
1. A member of such person's immediate family, or partner,
or organization has a financial interest in the sub
contract;
2. The subcontractor is someone with whom such person has
negotiated or is negotiating any prospective employment;
or
14
f& ~
o 0
3. The participation ot such persons would be prohibited by
the California Political Reform Act, CAlltornia
Government Code Section .7100 et seq., if such per80n
were a pUblic Officer, because such person would have a
"financial or other interest- in the subcontract.
B. Definition.,
1. The term "iuediate famUy. inClUdes, but is not U.ited
to, those persons related by blood or marriage, such a.
husbancl, wife, father, mother., brothe~, sistar, son,
daughter, father-in-law, motherin-law, brother-in-law,
son-in-law and daughter-in-law.
2. The term "financial or other interest" includes, but is
not limited to:
a. Any direct or indirect financial interest in the
specific contract, including a commission or fee, a
share of the proceeds, prospect of a promotion or
future employment, a profit, or any other form of
financial reward.
~'
b. Any of the following interests in the Subcontracting
entity: partnership interest or other beneficial
interest of five percent (5\) or more of the stock;
employment in a managerial capacity; or membership on
the board of directors or governing body. This
provision shall not apply to serving on the board or
governing body of a non-profit corporation for which
no salary is paid or other compensation.
C. The Borrower further covenants that no officer, director,
employee or agent shall solicit or accept gratuities,
favors, or anything of monetary value, from an actual or
potential subcontractor, supplier, a party to a sUb
agreement, (or persons who are otherwise in a position to
benefit from the actions of any officer, employee or agent).
D. The Borrower shall not subcontract with a former director,
officer, or employee within a one (1) year period following
the termination of the relationship between said person and
the Borrower.
E. Prior to obtaining the City's approval of any subcontract,
the Borrower shall disclose to the City any relationship,
financial or otherwise, direct or indirect, of the Borrower
or any of its officers, directors or employees of their
immediate family with the proposed subcontractor and its
officers, directors or employees.
F. For further clarification of the meaning of any of the terms
used herein, the parties agree that references shall be made
to the guidelines, rules and laws of the City of San Bernar
15
:t.
G.
~
dino, state ot 4:lltornia,
conflict of intere.t.
The Borrower warrant. that it has not paid or given and will
not payor give to any third person any money or other
consideration for obtaining this Agreellent.
~~
and Federal regu~ion regarding
B.
The Borrower covenants that no lIelllber, Officer, employee of
Borrower shall have any interest, direct or indirect, in any
contract or subcontract of the proceeds thereot for work to
be perforaed in connection with this project c1urlng his/her
tenure as such employee, meabaI: or officer or tor OM (1)
year thereafter.
..: .
The Borrower shall incorporate the foregoing 8ubsections of
this section into every agreement that it enters into in
connection with this project and shall sub8titute the tera
"SUbcontractor" for the term "Borrower" and "Sub-contractor"
for "Subcontractor".
Political Activitv Prohibited.
None of the funds, materialS, property or services provided
directly or indirectly under this Agreement 8hall be used
for any partisan political activity, or to further the
election or defeat of any candidate for public office.
S508. LobbvinG Prohibited.
8507.
None of the funds provided under this Agreement shall be
used for any purpose designed to support or defeat any
pending legislation or administrative regulation.
8509. Installation of Financial Assistance Plan.
The Borrower shall install, or cause to be installed, for
public display upon the project premises a sign, with design
approved by City, identifying the Borrower as receiving
financial assistance from the City, if such a sign i8
requested by the Director of Community Development Depart
mente
8510. Press Releases.
In all communications with the press, television, radio or
any other means of communicating with the general community,
the Borrower shall make specific reference to the City of
San Bernardino Community Development Department as the
sponsoring agency of the project.
5511. Discrimination Prohibited.
No person shall on the grounds of race, religion, ancestry,
color, national origin, sex, age, or physical handicap, be
excluded from participation in, be denied the benefit of, or
16
e it
be subjected toGsCrlmination under this ,Qraa /projeot.
For purpose8 of this Section, title 24, cocSe of Federal
Regulation. Section 570.601(b) defines specitlo
discriminatory actions which are prohibited and correction
action which shall be taken In situations as defined
therein.
8512. Nondiscrimination. Eaual hll)lovment Practice. and Attirma
tive Action Program.
The Borrower shall comply with the nondiscrt.ination and
affirmative action provision. of the laws of the united
States of luriea, tJie state of CaUtorn1a, and the City. In
perforaing this Agreement, the Borrower shill not dis
criminate in its employment practices against any employee,
or applicant for employment because of per8on's race,
religion, ancestry, color, national origin, sex, age or
physical handicap. Any subcontract enterecl into by the
Borrower relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this
paragraph.
5513. EmDlovment 01>Dortunities for Business and Lower Income
Persons.
Any project/program funded in part or in whole with COII-
munity Development funds shall comply with the following
provisions (referred to as a Section 3 clause:)
1.
The work to be performed under this contract (Agreement)
is on a project assisted under a program providing
direct Federal financing assistance fro. the Department
of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 use 1701u.
Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to
lower income residents of the project area and contracts
(Agreements) for work in connection with the project be
awarded to business concerns which are located in, or
owned in substantial part by persons residing in the
area of the project.
The parties to this contract (Agreement) will comply
with the provisions of said Section 3 and the regula
tions issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in Title 24 CFR,
Part 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of
this contract (Agreement) certify and agree that they
are under no contractual or other disability which would
prevent them from complying with these requirements.
The Borrower will send to each labor organization or
representative of workers with which he has a collective
2.
3.
17
o t1
barqainin9 Qre...nt or oth.r contract ~ understandift9,
if any, a notice advidl'lf the sald labor oX'9anbation or
worker'. representative of its coaaitaents und.r thl.
section 3 clause and .hall post copies of the notice in
conspicuous places available to e.ploy... and applicants
for employment and tralnift9.
4. The Borrower will includ. this Section J olause In .very
subcontract tor work in cOMection with the proj.ct and
will, at the direction of the applicant for or r.oipient
of Federal financial assi.tance, tak~ ~()propriate action
pursul!nt to the subcontract upon a f1.nd1Dg that the
subcontractor i. in vlolatii'\ of regulations issued by
the Secretary of Rousing and Urban Developaent, 24 cn,
Part 135. The Borrower will not subcontraot with any
subcontractor where it has notice of knowledge that the
latter has been found in violation of regulations under
Title 24, en 135 and will not let any .ubcontract
unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the
requirements of these regulations.
5. Compliance with the provisions of Section 3, the regu
lations set forth in Title 24 en, Part 135, and all
applicable rules and order of the Departaent issued
thereunder prior to the execution of the contract
(Agreement), shall be a condition of the Federal finan
cial assistance provided to the project, binding upon
the applicant or recipient for such aS8iatance, its
successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient,
its Contractors and subcontractor., its successors and
assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assis
tance is provided, and to such sanctions as are spec
Hied by Title 24 CFR, Part 135.
S514. Participation of Minorities. Women and Small Businesses.
To the fullest extent possible in the administration of this
Agreement, Borrower agrees to provide opportunities for
minorities, women and small businesses to participate in
procurements under this Agreement.
S515. Captions.
The section headings appearing herein shall not be deemed to
govern, limit, modify or in any way affect the scope,
meaning or intent of these conditions.
5516. Effect of Legal Judgment.
Should any covenant, condition or provision herein contained
be held to be invalid by final judgment in any court of
competent juriSdiction, the invalidity of such covenant,
18
e 8
condition or pr~sion shall not in any WaY~feot any other
cov.nant, condition or provision herein contained.
8517. Choic. of Law Governina this Aar....n~..
This Agre.m.nt shall be 9ov.rn.cS by and construed in accor
dance with the laws of the .tata of CaUfornla.
8518. Prohibition of Leaal Proceedina..
Th. Borrower i8 prohibited troa using Grant lunda rec.ived
under this Agr....nt, or fUl'lda realbed .. a result of this
'Agreeunt, for the pUrPOse of in,stitutiftCl legal proceecSlll9.
against the City or ft.s otficlal repr.sentative.
8519. Riahts and Remedies.
In the event any party fails to perfor., in whole or in
part, any promise, covenant, or agreement heren, or should
any representation made by it be untrue, any aggrieved party
may avail itself to all rights and remedies, at law or
equity, in the courts of law. Said rights and remedies are
in addition to those provided for herein.
5ECTJ:ON VI.
ENTIRE AGREEMENT.
5601. ComDlete Aareement.
This Agreement contains the full and complete Agree.ent
between the two parties. No verbal agreement or eonversa
tion with any officer or employee of either party shall
effect or modify any of the terms and conditions of this
Agreement.
5602. Number of Paaes and Attachments.
This Agreement is executed in three (3) duplicate originals,
each of which is deemed to be an original. This Agreement
includes, Twenty (~,J pages and
Two (-1-) attachments which
constitute the entire understanding and agreement of the
parties.
////
IIII
It
, ~ ~
. IN WITNlS8 WHERJeQ the city of 'an Bernardl~ and thee
Borrow.r have caus.d this A9r....nt to be .x.cuted by their duly
authorizecl repre8entative. on th1. day ot
, 1'_.
A'l'TES'1':
CITY OF SAN BERNARDINO
City Cl.rk
Kayor
. r ~
(CORPORATION)
BY
Corporate President
ATTEST:
BY
Corporate Secretary
Approved as to fora
and legal content:
BY
City Attorney
KJH/lab/0683
20
~
o
(~
o
ATTACIIMEHT I
-IMPLOYMEN'l' ACTION PIAN-
Economic Development Program
Z.ployment Action Plan
statement of Borrower
Borrower does hereby state that the funds ~esultinq troa
~... 'Loan Agr8elent entered into on behalf of the city of San
Bernardino (hereinafter -CityW) and Borrower shall be used
solely for furthering the purpose of the Economic Development
Program (EOP).
The purpose of BOP assistance is to benefit the low and
moderate income residents of the City of San Bernardino
through the creation and/or retention of jobs to said per-
sons. Pursuant to the purpose of the EOP the Borrower agrees
to comply with the following Employment Action Plan:
Borrower understands and agrees that in order to deter-
mine that said program purpose is being met, an Annual
Employment Report shall be filed with the City. Borrower
understands that failure to meet the objectives set forth in
this Employment Action Plan or failure to comply with the
requirements of filing the Annual Employment Report may
result in the entire outstanding balance of the loan plus
interest, being due upon written demand by the City, pursuant
to Section 302 of the Loan Agreement and this statement.
JCJH/lab/0254
Economic Development Program
"
o ATTACIDIEJft' II
INSURANCI RlQUIRlMENTS
til
o
(Inatructions tor completing, executing and submitting Evidence of
Insurance to the City ot San Bernardino.)
Insured:
(Contractor, Lessee, Permittee, Borrower, Btc.)
.. v:aent/Reference No.
Date,
..... .
A. DfSURED
1. To expedite completion of the insurance requirements, please
give your insurance agent or broker a copy of the Insurance
Requirements Sheet along with these instructions and
endorsement forms.
2. If your agreement requires Workers' Compensation coverage
and you have been authorized by the State of California to
Self-insure Workers' Compensation, then a copy of the
certificate from the state consenting to self-insurance will
meet the evidence requirements.
3. All questions relating to insurance should be directed to
the person or office responsible for your contract, lease,
permit, or other agreement. (See items 9 and 10 below.)
B. :INSURANCE AGENT OR BROKER
1. Acceptable Evidence -- The appropriate City Special Endorse-
ments are the preferred form of evidence. No modifications
to the fora are permitted. Alternatively, certified copies
of the full policy containing additional insured and thirty
(30) day cancellation notice language will be accepted
subject to review by the City Attorney. Certificates,
verifications, Memoranda of Insurance and other non-binding
documents submitted along are not acceptable as evidence of
insurance. Binders are acceptable as interim evidence until
policies are available.
2. Multiple Policies -- More than one (1) insurance policy may
be required to comply with the insurance requirements.
Endorsement forms appropriate to your insured's agreement,
contract, lease or permit have been provided.
3. Signature -- Please have an authorized representative of the
insurance company manually sign completed endorsement forms.
Signatures must be originals as the City Attorney will not
accept facsimile (rubber stamp, photocopy, etc.) or ini-
tialed signatures.
1
4.
~ - f.')
Underwriter -- rCn..e and address of the fli!urance company
underwriting the coverage must be noted on the endorsement
tora. In the case of sYndicates or SubSCription POllcies,
indicate lead underwriters or managing agent and attach a
schedule of 8ubscdbers, includiftCl their percent participa-
tion.
5.
Document Reterence -- Include reterence to either the
specitic City agreement (bid, contract, lease, etc.) or
indicate that all such agreements are covered.
Xnsurance Requirem~nts'
s. Coverage and Lbits -- !'he coverage. and Umits tor each
type of insurance are specified on the insurance requirement
sheet. When coverage i. on a scheduled basis, a separate
sheet may be attached to the endorsement listing such
scheduled locations, vehicles, etc., so covered.
7. Excess Insurance -- Endorsements to excess policies will be
required when primary insurance is inSUfficient to comply
with the requirements.
8. Additional Pages -- If there is inSUfficient space on the
reverse side of the form to note pertinent information, such
as inClUSions, exclusions or specific prOVisions, etc.,
attach separate sheets and note this on the endorsement
form.
, .
9. Person to Contact -- Completed endorsements, correspondence
and questions relating to the required in8urance are to be
directed to the fOllowing representatives:
10. Technical Assistance -- Improperly completed endorsements
will be returned to your insured for correction.
11. Delay in submitting properly completed endorsement forms may
delay your insured's intended OCcupancy or operation.
12. Renewals -- For extensions or renewals of insurance POlicies
which have the City'S endorsement formes) attached, we will
accept a renewal endorsement or a certificate (with an
original signature) as evidence of continued coverage if it
includes the statement that the insurance protection
afforded the City of San Bernardino has been renewed under
the same terms and conditions as previOUSly approved.
2
-
~!J .
fi\.~
-
-
o
INSURANCE REQUIREMENTS
(Attachment II)
o
HAHB
AGREEMENT/REFERENCE NUMBER
DATI
The rollowin9 coverages noted with an .X- are required with the
COmbined Sin91e Limits (CSL) as noted on the right.
"
Llaitt
statutory
S 100.000
Worker'. Co-pensation
Employers Liability
( ) Broad Fora All states Endorsement
( ) Voluntary Compensation Endorsement
( ) Longshoremen's and Harbor Workers'
Compensation Act Endorsement
( )
General Liability
( ) Premises and Operations
( ) Contractual Liability
( ) Independent Contractor.
( ) Products/Completed Operations
( ) Broad Form Property Damage
( ) Personal Injury
( ) Broad Fora Liability Endorsement
( ) Fire Leqal Liability
( ) Watercraft Liability
( ) Incidental Medical Malpractice
(if applicable)
( ) Explosion Hazard
( ) Collapse Hazard
( ) Underground Hazard
( ) Garagekeepers Legal Liability
( ) Hangar Keeps Legal Liability
( ) OWned Automobiles
( ) Nonowned Automobiles
( ) Hired Automobiles
( )
$1.000.000
Automobile Liability (if auto is used for
this contract.)
Professional Liability (if applicable)
$1. 000.000
$ 500.000
Property Insurance
90' value of
buildinq
( ) Extended Coverage
( ) Vandalims and Malicious Mischief
( ) Flood
( ) Earthquake $
3
~- t:~
. .
( ) Debri. ReIlOV~ 0
( ) Srrlnkl.r Lea age
( ) W ndatora
( ) other
Aircraft Liability (bodily injury and
property damage.)
( ) Passenger Liability (per seat) $
Ocean Marin.
Ocean Marine Liability
( ) Protection and Jnduni ty
( ) Running Down Claus.
( ) Pollution
( ) Jones Act
( ) Wharfingers Liability
( ) Cargo
( ) Inchmaree Clause
( ) Charter's Legal Liability
( )
Fire Legal Liability
Fidelity Bond
XJH/lab/0255
4
s
s
.
~.
90t of cost
of reDlace-
mente
S 25.000
minimUlll