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HomeMy WebLinkAboutChambers, Reid J.; 2019-03-06;AGREEMENT FOR COMMERCIAL REAL ESTATE CONSULTING SERVICES THIS AGREEMENT is made and entered into as of the~day of ~"-,. 2019, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Reid J. Chambers ("Contractor"). RECITALS A. City desires to market and sell the property located at 3701 Catalina Drive ("Old Fire Station No. 3") and the Carlsbad Municipal Water District property located on Pajama Drive in Oceanside, California ("Pajama Drive"), collectively called the "Subject Properties." B. City requires the professional services of a residential real estate agent that is experienced in residential real estate. C. Contractor has the necessary experience in providing professional services and advice related to residential real estate services. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK. City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Professional Services Agreement's ("Agreement") terms and conditions. 2. STANDARD OF PERFORMANCE. While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM. The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional six (6) month period or parts thereof. Any extension will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation offunds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION. The total commission payable for the Services to be performed during the initial Agreement term is estimated to be approximately Forty Thousand Six Hundred Fifty dollars and no cents ($40,650.00). Estimated total compensation is based on Contractor's brokerage fee of four and a half percent (4.5%) of the final sale price of Old Fire Station No. 3, and four percent (4%) of the final sale price of the Pajama Drive property. Commission is structured as a success fee upon the final closing of a purchase and sale agreement for each of the Subject Properties, whereby Contractor shall be paid their respective commission on each separate sale of the Subject Properties upon the close of escrow for each separate transaction. 5.1 Buyer's Agent. If Contractor negotiates or works with a cooperating broker ("Buyer's Agent"), then Buyer's Agent will be entitled to 2.5% of Contractors corresponding commission. In no way shall the City be responsible for more than four and a half percent (4.5%) on the Old Fire Station No. 3 transaction and four percent (4%) on the Pajama Drive transaction. 6. STATUS OF CONTRACTOR. Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING. Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS. The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE. Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAie) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of lnsu ranee Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE. Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS. All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS. Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES. The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Title Curtis M. Jackson Real Estate Manager Department City Manager's Office City of Carlsbad Address 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. 760-434-2836 For Contractor Name Title Address Reid J. Chambers Agent Phone No. Email 2701 Loker Avenue, W #150 Carlsbad, CA 92010 760-583-0809 reidjchambers@gmail.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST. Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED. Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION. If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten {10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION. In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES. Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS. By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS. It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Remainder of Page Left Blank. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR REID J. CHAMBERS, Agent (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: ~ARA ENGLESON /)City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~ corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Q~A~ EXHIBIT "A" SCOPE OF SERVICES This scope includes sales strategies for the disposition of the Old Fire Station No. 3 property and the Pajama Drive property. While the two properties are both zoned residential, that is nearly all that they share in common. Old Fire Station No. 3 1. Request for Proposal. Contractor understands that the City will utilize the request for Proposal ("RFP") process in conjunction with Contractors effort to sell the Fire Station Property, and that the RFP period is for approximately forty-five days. Contractor further understands that the city will not enter a purchase and sale agreement with a prospective buyer until the RFP period has closed, and that any such purchase and sale agreement is subject to Carlsbad City Council approval prior to becoming effective. 2. Data Collection. The first step will be to collect all data associated with the Fire Station Property from the City and public records. Once all data is collected it will be reviewed to ensure the appropriate information is included in the listing. 3. Property Appearance. The team will consult with the city on how maximize the appearance of the Fire Station Property. As the market currently operates, the photographs of the property are a critical part of effective marketing. To ensure the photos are the best possible the team will contract with a media company, specializing in residential real estate, to provide high quality digital images, as well as a video to display the layout of the fire station. 4. Marketing. The Fire Station Property will be input into the multiple listing service (MLS), placed on Zillow and Redfin, and any other platforms that utilize MLS information, which includes over 50 major home search sites and over 800 classified online sites. Additionally, Contractor will include a video walkthrough on the Zillow site. 5. Broker Caravan. The Fire Station Property, once listed, will be put onto the broker open house schedule to expose the property to the active agents working in greater North County area. 6. Personal Showings of the Fire Station Property (Timeline 30-60 days). Contractor shall install professional property signs; proactively prospect for purchasers; and conduct tours with prospective purchasers. Contractor shall also begin negotiations on behalf of the city, and facilitate and assist city in purchase and sale negotiations during and after the RFP period has closed. 7. Escrow. Within seven (7) calendar days after the date the Carlsbad City Council approves a purchase and sale agreement for the Fire Station Property Property, Contractor shall coordinate and establish Escrow for the close of the sale of the property. Upon ordering the Escrow, Contractor shall assist the city in acquiring a preliminary title report for the property ("Preliminary Report") issued by a title insurance company mutually approved by the city and Buyer ("Title Company"). Escrow shall be ordered with the escrow department of the Title Company ("Escrow Agent"). Pajama Drive 1. Request for Proposal. Contract understands that the Pajama Drive property will not be subject to a RFP, and instead will be listed on the open market on a first come, first offer basis. 2. Data Collection. The first step will be to collect all data associated with the Pajama Drive property from the City and public records. Once all data is collected it will be reviewed to ensure the appropriate information is included in the listing. 3. Property Appearance. The team will consult with the city on how maximize the appearance of the Pajama Drive property. As the market currently operates, the photographs of the property are a critical part of effective marketing. To ensure the photos are the best possible the team will contract with a media company, specializing in residential real estate, to provide high quality digital images, as well as a video to display the layout of the fire station. 4. Marketing. The Pajama Drive property it will be input into the multiple listing service (MLS), placed on Zillow and Redfin, and any other platforms that utilize MLS information, which includes over 50 major home search sites and over 800 classified online sites. Additionally, Contractor will include a video walkthrough on the Zillow site. 5. Personal Showings of the Pajama Drive Property {Timeline 30-60 days). Contractor shall install professional property signs; proactively prospect for purchasers; and conduct tours with prospective tenants. Contractor shall negotiate on behalf of the city, and facilitate and assist city in purchase and sale negotiations. 6. Escrow. Within seven (7) calendar days after the date the Carlsbad City Council approves a purchase and sale agreement for the Pajama Drive property, Contractor shall coordinate and establish Escrow for the close of the sale of the Pajama Drive property. Upon ordering the Escrow, Contractor shall assist the city in acquiring a preliminary title report for the Property ("Preliminary Report") issued by a title insurance company mutually approved by the city and Buyer ("Title Company"). Escrow shall be ordered with the escrow department of the Title Company ("Escrow Agent"). 11106448 Reid Chambers OBA Chambers Real Certificate Of Insurance 2/6/2019 9:55:48 PM ______, ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/6/2019 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 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 riahts to the certificate holder in lieu of such endorsementlsl. PRODUCER CONTACT NAME: £1nsureon r.t1~N,.t c .... (800) 688-1984 I r..e~ No': 877-826-9067 E-MAIL lnsureon (BIN Insurance Holdings LLC.) ADDRESS: 30 N. LaSalle, 25th Floor, Chicago, IL 60602 INSURER/SI AFFORDING COVERAGE NAIC # INSURER A: Hiscox 102nn INSURED INSURERS : Reid Chambers OBA Chambers Real Estate INSURERC: 1759 Woodbine pl, Oceanside, CA, 92054 INSURER D : INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· 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. NOTv\llTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W>TH 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 lYPE OF INSURANCE 1~-~p~ ~!!,~~ /~~Jg~, .~~Jg~, LIMITS LTR POLICY NUMBER ✓ COMMERCIAL GENERAL LIABILllY EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE 0 OCCUR ~~~~~~J9,,~~~~nce' $ 50,000 MED EXP (Anv one oersonl $ 5,000 -A Yes UDC-4061110-GL-19 21612019 21612020 PERSONAL & ADV INJURY $ 2,000.000 - GEN"L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4.000.000 ~ □PRO-□Loe PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILllY 11:~~~~~llNGLE LIMIT $ - ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -1--NON-OWNED fo~'?~~-~I'!lAMAGE HIRED AUTOS $ -1--AUTOS $ UMBRELi.A LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I gf~T••TE T l OTH- AND EMPLOYERS' LIABILllY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ NIA E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYE~ $ ~~it~ftfi~ 'b1~PERA TIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more spa ca Is required) Certificate Holder is named as Additional Insured as their interests may appear in regards to general liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1200 Carlsbad Village Dr ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE 1~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD .,,ti HISCOX Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: UDC-4061110-CGL-19 Chambers Real Estate 1 February 06, 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any per- son(s) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/27/2018 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 policy(ies) 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER '-UNTACl NAME: CRES Insurance Services, LLC r.~~.t ~~-. 800-880-2747 I fffc Nol: 858-618-1655 P.O. Box 500810 it1lJ~.,.,. San Diego, CA 92150 INSURER/SI AFFORDING COVERAGE NAIC# CA Ins Lie 0085894 INSURER A, HDI Global Insurance Company 41343 INSURED INSURER B: C-T-Q Holdings Company INSURER C: Realty ONE Group-San Diego INSURER D: 1122 Montura Road INSURER E: San Marcos,California,92078 INSURER F: COVERAGES CERTIFICATE NUMBER· 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 VI/ITH 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF .~~i~, LIMITS LTR ,,.,en un,n POLICY NUMBER IMMIDD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -[!] CLAIMS-MADE □ OCCUR DAMAGE TD~NTED PRl=M1ecce ii=a occurrence\ $ MED EXP"~ one oerson\ $ -PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ □PRO. □Loe PRODUCTS· COMP/OP AGG POLICY JECT $ OTHER: $ AUTOMOBILE LIABILITY i~~~N~~llNuLE LIMIT $ - ANY AUTO BODIL y INJURY (Per person) $ -ALLOM-IED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OM-IED fc~~,?AMAGE HIRED AUTOS AUTOS $ ->--$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I ~ffT, rri= I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ i~i~~r~~ 'b1~PERATIONS below E.L. DISEASE -POLICY LIMIT $ Claims Made Errors & HGl-1020116-00 17/1/2018 17/1/2019 Per Occurence$1,000,000 Omissions Coverage Aggregate $1,000,000 Professional Liability Deductible $2,500 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER ACORD 25 (2014/01) CANCELLATION 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 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD