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HomeMy WebLinkAboutAGMT - Beach House at the River LLC formerly Bay City LLC (Facility Lease 15 First Street)ACORO® CERTIFICATE OF LIABILITY INSURANCE `. DATE(MMIDD/YYYI� 4/22/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services (LA) CONTACT NAME: 1920 Main Street Suite 600 Irvine, CA 92614 PHONE 949-250-7172 Fa/°XC No: 949-852-9762 E-MAIL ADDRESS: 5/9/2021 5/9/2022 INSURERS AFFORDING COVERAGE NAIC # INSURER A : Great American Assurance Co. AM Best A+ XIV 26344 www.SullivanCurtisMonroe.com License # OE83670 INSURED INSURER B : Nationwide Mutual Insurance Co. AM Best A XV 23787 Optima RPM, Inc. 17945 Sky Park Circle, Bldg 34, Ste. D Irvine CA 92614 INSURERC: RSUI IndemnityCompany AM Best A+XIV 22314 INSURERD: INSURER E B INSURER F COVERAGES CERTIFICATE NUMBER: 67881597 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 OF INSURANCE ADDLITYPE INSD WVD SUER POLICY NUMBER MM/DDY EFF POLICY EXP LIMITS A `/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑✓ OCCUR ✓ GLP3415198 5/9/2021 5/9/2022 EACH OCCURRENCE $1000000 DAMAGE TO RENED Ea ocou encs $100,000 -PREMISES MED EXP (Any one person) $ Excluded ✓ $5,000 BI/PD Ded per OCC. PERSONAL a ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓❑ JECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OPAGG $2000000 $ B AUTOMOBILE LIABILITY ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ACPBA7805445336 5/9/2021 5/9/2022 COMBINED e BINEDtSINGLE LIMIT $1,000,00o BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acc dent $ C ✓ UMBRELLA LIAS EXCESS LIAB �/ OCCUR CLAIMS -MADE NHA251607 5/9/2021 5/9/2022 EACH OCCURRENCE $5000000 AGGREGATE $5,000,000 DED I ✓ I RETENTION$0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A PER STATUTE ERH E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project: The Beach House Restaurant (Renovations/TI) The River LLC is named as additional insured in respects to the General Liability per attached. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 67881597 1 OPTIMRPM 1 21-22 GL/CAU/XLS I erienna Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The River LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Rosie Ritchie & Brian Kyle ACCORDANCE WITH THE POLICY PROVISIONS. 15 First Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE Kathy Roberge ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 67881597 1 OPTIMRPM 1 21-22 GL/CAU/XLS I erienna Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 1 of 2 I GLP3415198 4/22/2022 Great American Assurance Company CG 20 37 (Ed. 07/04)k THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Location and Description of Completed Operations: Organization(s): Any person or organization that "you" and such person or "Your work" performed during this policy period. organization have agreed in writing in a contract that such person or organization be added as an additional insured on "your" policy, but only for "your work" performed during Additional Premium: Included this policy period. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended .to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." CG 20 37 (Ed. 07/04) Copyright, ISO Properties, Inc., 2004 (Page 1 of 1) 67881597 1 OPTIMRPM 121-22 GL/CAU/XLS I Brien a Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 2 of 2 ACORO®DATE CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) TYPEOFINSURANCE 4/22/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services (LA) CONTACT NAME: 1920 Main Street Suite 600 Irvine, CA 92614 PHONN Ext),E 949-250-7172 A X No : 949-852-9762 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICIf DAMAGE ToRENTED PREMISES Ea occurrence) $100,000 INSURERA : Great American Assurance Co. AM Best A+ XIV 26344 www.SuilivanCurtisMonroe.com License # OE83670 INSURED Optima RPM, Inc. 17945 Sky Park Circle, Bldg 34, Ste. D INSURER B : Nationwide Mutual Insurance Co. AM Best A XV 23787 INSURERC: RSUI IndemnityCompany AM Best A+XIV 22314 INSURERD: Irvine CA 92614 INSURER E : INSURER F: ACPBA7805445336 COVERAGES CERTIFICATE NUMBER: 67881597 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 TYPEOFINSURANCE ADDLSU D POLICY NUMBER POLICY EFF POLICYEXP LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS-MADEEZ OCCUR ✓ $5,000 BI/PD Ded per OCC. ✓ GLP3415198 5/9/2021 5/9/2022 EACH OCCURRENCE $1000000 DAMAGE ToRENTED PREMISES Ea occurrence) $100,000 MED EXP (Anyone person) $ Excluded. PERSONAL a ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑✓ JEC LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG s2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ACPBA7805445336 5/9/2021 5/9/2022 sBBI EDid tSINGLE LIMIT $1,000,000 (Ea BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident C ✓ UMBRELLALIAB EXCESS LIAS �/ OCCUR CLAIMS -MADE NHA251607 5/9/2021 5/9/2022 EACH OCCURRENCE $5000000 AGGREGATE $5,000,000 DED I ✓ I RETENTION$O $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEM BER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project: The Beach House Restaurant (Renovations/TI) The River LLC is named as additional insured in respects to the General Liability per attached. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 67881597 1 OPTIMRPM 1 21-22 GL/CAU/XLS I Brienna Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The River LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Rosie Ritchie & Brian Kyle ACCORDANCE WITH THE POLICY PROVISIONS. 15 First Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE GL -t {' Kathy Roberge ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 67881597 1 OPTIMRPM 1 21-22 GL/CAU/XLS I Brienna Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 1 of 2 GLP3415198 4/22/2022 Great American Assurance Company CG -.20 3T (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Location and Description of Completed Operations: Organization(s): Any person or organization that "you" and such person or "Your work" performed during this policy period. organization have agreed in writing in a contract that such person or organization be added as an additional insured on':your" policy, but only for "your work" performed during Additional Premium: Included this policy period. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11- WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." CG 20 37 (Ed. 07/04) Copyright, ISO Properties, Inc., 2004 (Page 1 of 1) 67881597 1 OPTIMRPM 1 21-22 GL/CAU/XLS I Srienna Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 2 of 2 ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) AC� 4/22/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services (LA) 1920 Main Street Suite 600 Irvine, CA 92614 CONTACT NAME: PHONE 949-250-7172 FA/C No): 949-852-9762 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $1 000 000 INSURER A : Great American Assurance Co. AM Best A+ XIV 26344 www.SuilivanCurtisMonroe.com License # OE83670 INSURED Optima RPM, Inc. 17945 Sky Park Circle, Bldg 34, Ste. D Irvine CA 92614 INSURER B: Nationwide Mutual Insurance Co. AM Best A XV 23787 INSURER C: RSUI IndemnityCompany AM Best A+XIV 22314 INSURERD: INSURER E: $ INSURER F : AUTOMOBILE ✓ COVERAGES CERTIFICATE NUMBER: 67881597 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 ADDL SUBR POLICY NUMBER MM/DDY EFF POLICY LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑✓ OCCUR ✓ GLP3415198 5/9/2021 5/9/2022 EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED PREMISES Ea occurrence) $100;0 MED EXP (Any one person) $ Excluded ✓ $5,000 BI/PD Ded per OCC. PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓M P O LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ B AUTOMOBILE ✓ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY ACPBA7805445336 5/9/2021 5/9/2022 Ea COMBINEDSINGLELIMIT $110001000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident C 1/1 UMBRELLA LIAB EXCESS LIAB �/ OCCUR CLAIMS -MADE NHA251607 5/9/2021 5/9/2022 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED ✓ RETENTION$O $ WORKERS COMPENSATIONOTH- AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVEEl OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A PER STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project: The Beach House Restaurant (Renovations/TI) The River LLC is named as additional insured in respects to the General Liability per attached. CERTIFICATE HOLDER CANCELLATION The River LLC Attn: Rosie Ritchie & Brian Kyle 15 First Street Seal Beach CA 90740 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 (J 1988-ZU15 AGURD GURPURATIUN. All rignts reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 67881597 1 OPTIMRPM 121-22 GL/CAU/XLS I Brienna Morales 14/22/2022 3:51:56 PM (PDT) I Page 1 of 2 GLP3415198 4/22/2022 Great American Assurance Company CG 20 37 (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Location and Description of Completed Operations: Organization(s): Any person or organization that "you" and such person or "Your work" performed during this policy period. organization have agreed in writing in a contract that such person or organization be added as an additional insured on "your" policy, but only for "your work' performed during Additional Premium: Included this policy period. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11- WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." CG 20 37 (Ed. 07/04) Copyright, ISO Properties, Inc., 2004 (Page 1 of 1) 67881597 1 OPTZMRPM 1 21-22 GL/CAU/XLs I Brie=a Morales 1 4/22/2022 3:51:56 PM (PDT) I Page 2 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MMI AE(MMI DNYYY) 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ERM Insurance Brokers 3000 W. MacArthur Blvd., Suite 120 Santa Ana CA 92704 CONTANAME: Brianna Valdivia PHONE FAX • 949-222-0444(AIC'No): 949-222-0445 ADDRESS: Brianna@ermi'nsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: WeSCo Insurance Company 25011 License#: OM63276 INSURED OPTIRPM-01 INSURER B : Optima RPM Inc. 17945 Sky Park Circle, Suite D INSURER C GENERALAGGREGATE $ Irvine CA 92614 INSURER D: INSURER E AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY INSURER F: COVERAGES CERTIFICATE NUMBER: 1692619335 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 OF INSURANCE ADDLSUBRTYPE IVSD WVD POLICY NUMBER MM/DD/YYYY EFF MM/DDI EXP LIMITS 15 First Street COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r_1 OCCUR ftilr=— EACH OCCURRENCE $ IMAGE TORENTED Ea occcu encs $ -PREMISES MED EXP (Any one person) S PERSONAL & ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT OTHER: GENERALAGGREGATE $ PRODUCTS-COMP/OPAGG S $ AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE M OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A Y WWC3539126 6/28/2021 6/28/2022 X ITH- STATUTE ER CA TX NJ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) "'If required by contract, Blanket Waiver of Subrogation #WC000313-Calif. RE: The Beach House Restaurant (Renovations/TI), 15 First Street Seal Beach, CA 90740 r`CDTIGIL`AT= unt nFR CANCELLATION U 1918-ZU115 AGUKU GUKYuKA i i0k. All rignis reservea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The River LLC ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rosie Ritchie & Brian Kyle AUTHORIZED REPRESENTATIVE 15 First Street Seal Beach CA 90740 ftilr=— U 1918-ZU115 AGUKU GUKYuKA i i0k. All rignis reservea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WG 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments fmm anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that You perform work under a written contract that requires you to obtain this agreement from us.) This agreement shalt not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 06/28/2021 Policy No., Insured OPTIMA RPM INC. WWC3539126 Endorsement IVa.Qp007 Premium Insurance Company Countersigned by _ ter-. WESCO INSURANCE CO WC 00 0313 (Ed -4-84) m 19a3 Natrona) Council on Compensation insurance. A^^ �® `SVR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYl) . 4/22/2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ERM Insurance Brokers 3000 W. MacArthur Blvd., Suite 120 Santa Ana CA 92704 CONTACT NAME: Bnanna Valdivia PHONENo, Ext)o949-222-0444 a No :949-222-0445 IAIC.E-MAIL ADDRESS: Brianna@ermi'nsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Wesco Insurance Company 25011 License#: OM63276 INSURED OPTIRPM-01 INSURER B : Optima RPM Inc. 17945 Sky Park Circle, Suite D INSURERC: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ jE LOC OTHER: Irvine CA 92614 INSURER D : INSURER E : INSURER F : C[1vFRAnPR CF_RTIFICATF NUMBER! 1H92819335 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. I TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DD EFF EXP MMIDDY LIMITS 15 First Street COMMERCUILGENERALLIABILITY CLAIMS -MADE D OCCUR 6'1., EACH OCCURRENCE $ PREM SES Ea ocDAMTGE currence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ jE LOC OTHER: GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per. accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/M EMBER EXCLUDED?MY (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y WWC3539126 6/28/2021 6/28/2022 X I STATUTE ETH CA TX NJ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) **If required by contract, Blanket Waiver of Subrogation #WC000313-Calif. RE: The Beach House Restaurant (Renovations/TI), 15 First Street Seal Beach, CA 90740 l�r`f1TIC1I+A TC ung MOM r AMrI=I I ATIr1M U 1988-ZU15 AGUKU wKYUKA I tum All ngnis reserver]. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The River LLC ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rosie Ritchie & Brian Kyle AUTHORIZED REPRESENTATIVE 15 First Street Seal Beach CA 90740 6'1., U 1988-ZU15 AGUKU wKYUKA I tum All ngnis reserver]. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ti A WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WG 000373 (Ed, 484) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our Payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that You Perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/28/2021 Policy No., Insured OPTIMA RPM INC. WWC3539126 Endorsement No. 001)07 Premium ------ insurance Company Countersigned by rr� WESCO INSURANCE CO WC 00 0313 (Ed. 4 -84) m 1983 National COuncII on Compensation Insurance. A� o® CERTIFICATE OF LIABILITY INSURANCE IDDN FDATE (MM4i22i/DD/YYYY) 2022 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ERM Insurance Brokers 3000 W. MacArthur Blvd., Suite 120 Santa Ana CA 92704 CONTACT NAME: Brianna Valdivia PHONE 94g_222-0444 FAX No): 949-222-0445 EMAILExth ADDRESS: Bdanna@erminsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: WeSCO Insurance Company 25011 License#: OM63276 INSURED OPTIRPM-01 INSURERS: Optima RPM Inc. 17945 Sky Park Circle, Suite D INsuRERc: INSURER D : Irvine CA 92614 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1692619335 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 ADDL SUBR POLICY NUMBER MM/DDI EFF MM/DDS LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE FIOCCUR DAMAGE TI 11NT11 Ea occu"...) encs $ -PREMISES MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY ❑PRO ❑LOC JECT PRODUCTS-COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLYAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLALUI6 HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE M OFFICER/MEMBEREXCLUDED9 N /A Y WWC3539126 6/28/2021 6/28/2022 X STATUTE ER CA TX NJ E.L. EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS ]VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) **If required by contract, Blanket Waiver of Subrogation #WC000313-Calif. RE: The Beach House Restaurant (Renovations/TI), 15 First Street Seal Beach, CA 90740 GtKIIrIC:AIt HULUJ=K liHrvl.rCLL/iIIVIV The River LLC Attn: Rosie Ritchie & Brian Kyle 15 First Street Seal Beach CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUUTT�HHOO�'RIIZZED REPRESENTATIVE l ©1988-2015 AGURD GURPUKA I JUN. All ngnts reservea. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD -a WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WG 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that You Perform work under a written contract that requires you to obtain this agreement from us.) This agreement shalt not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise -stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06128!2021 Policy No.' Insured OPTIMA RPM INC. WWC3539126 Endorsement No. 00001 ; Premium -- Insurance Company Countersigned by - 1a WESCO INSURANCE CO t 1lUC Db 03 13 i (Ed. 4 -84) m 1963 National Council on Compensation insurance. PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT I�s TM Document A312 _ 201 Executed in Triplicate 71 1.,.r,;ks n,x'F:`,�:�s�rr'Cx Bond Bond No. 54244018 .y ak;;rtr«.Performance r� Premium: $13,175.00 " ,,,,CONTRACTOR: Optima RPM, Inc. Ke a0, e, legal status and address ' 7945 Sky Park Circle, Suite D and Brian Kyle SURETY: United Fire & Casualty Company (Name, legal status and principal place of business) P.O. Box 73909 Cedar Rapids, IA 52407 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. And No/10013ollars ($1,030,000.00) House Restaurant, 15 First Street, Seal Beach, CA 90740 Contract Date) And No/1001Dollars ($1,030,000.00) ❑ See Section 16 SURETY Company: United Fire & /yfQ �p Name and Title: appear on the last page of this Per/or ONLY— Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) �-�;�!;y��� :'AtAV�:�t������-AGENT�oryBROKER: 'z`E'k xTle','B'orid Exclzange-'ani}Insurance Agency ��`> �� c ;- sur=• ,„ I-� � ev. ',x--24$QOClirisanaxDrive'Surte 160, Mission Viejo, CA 92691 Agency Telephone: 949-461-7000 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. p,f AIA Document A312T" — 2010. The American Institute of Architects. This document was created on under the terms of Init. AIA Documents-on-DemandT" order no. , and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. 061010 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. a�,�-t,".�����.iii'-',�:�✓``�.,ff;".;���;,.��Y'�: ,e Construction Contract the Surety's under this Bond shall arise. is }L:�%�Ey,.. »,y. ��.i Z{Y.�yF?'��,�;'nTf•. ifW "Y°Sfu`�y no Owner Default under the obligation 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring "•1101" 011 a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner Contractor and Surety to discuss the Contractor's performance. If the Owner does not request its right as [ference, the Surety may, within five (5) business days after receipt of the Owner's notice, a conference. If the Surety timely requests a conference, the Owner shall attend. Unless trees otherwise, any conference requested under this Section 3.1 shall be held within ten days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the the Contractor shall be allowed a reasonable time to perform the Construction Contract, agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor a Contractor Default, terminates the Construction Contract and notifies the Surety; ed to pay the Balance of the Contract Price in accordance with the terms of the act to the Surety or to a contractor selected to perform the Construction Contract. -r to comply with the notice requirement in Section 3.1 shall not constitute a failure .ent to the Surety's obligations, or release the Surety from its obligations, except to ; actual prejudice. the conditions of Section 3, the Surety shall promptly and at the Surety's expense , with the consent of the Owner, to perform and complete the Construction Contract; and complete the Construction Contract itself, through its agents or independent from qualified contractors acceptable to the Owner for a contract for ruction Contract, arrange for a contract to be prepared for execution by the Owner's concurrence, to be secured with performance and payment bonds to the bonds issued on the Construction Contract, and pay to the Owner the m 7 in excess of the Balance of the Contract Price incurred by the Owner as and complete, arrange for completion, or obtain a new contractor and with reasonable `_-- "promptness,unaer,tileRclrcumstances: l,r E r r < n> v, a �.mJ.j 3 of ,,��' ����.W .1 After=�tn,�e tigat'iUridetermine the amount for which it may be liable to the Owner and, as soon as ,.% racticableter"tlie amount is determined make payment to the Owner or `�����_, - P Y -'==% 2.?`Deiiyliability in whole or in part and notify the Owner, citing the reasons for denial. F. theSure ;do'es not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to t be in de seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any zlr fir ^ - rritiedy availalleto the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment ;ha'N enied liability,in whole or in part, without further notice the Owner shall be entitled to enforce an remeciavailatile.to the Owner. y.`�,n'fMr(,'�'.c"..,p':"�.�^="'`'���".',�t;f`s.�,[itsj�,I't''.""a\%:?..'�`.�`p'7s'a y;z�rr:�."•ai?i�'i�a"�';�k.M:��.ve€w:.z:+°�;.�a.-�n::>=4#��. x �. AIA Document A312Tm — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Inst. AIA Documents-on-DemandTm order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the the Surety electsSo�act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. le to the Owner or others for obligations of the Contractor that are unrelated to the Balance of the Contract Price shall not be reduced or set off on account of any such of action shall accrue on this Bond to any person or entity other than the Owner or its successors and assigns. of any change, including changes of time, to the Construction Contract or to and other obligations. 'quitable, under this Bond may be instituted in any court of competent jurisdiction in or part of the work is located and shall be instituted within two years after a declaration two years after the Contractor ceased working or within two years after the Surety Cligations under this Bond, whichever occurs first. If the provisions of this Paragraph he minimum period of limitation available to sureties as a defense in the jurisdiction of or the Contractor shall be mailed or delivered to the address shown on the page R rte" sR .. r > �r'§�1Mhensthi's Bon&h6i -,been furnished to comply with a statutory or other legal requirement in the location where 1.. _ the constritettori:Rwaslfo lie -performed, any provision in this Bond conflicting with said statutory or legal requirement %.;.:.r.: ..i n,; <aSNS £¢ shlhbe deerrieddeletedh6fi5from and provisions conforming to such statutory or other legal requirement shall be deetried iricorp6tx tbd,hdr`etn. Whep so-�fumished, the intent is that this Bond shall be construed as a statutory bond and is :`•�^� r±°' � .i�.. x,• ' nWs_ 11 Inot as a cdmmon'Zlaw:'bond.°` ;,^rF .:,qJL K :$"�'�^ .1M+• t'° 'tir'„�q a .� .-, F y`Y,K,'.' 1 . 1-14 Qefiiiitioitions = RR, � . �4.. >. «.. Balanceaof�•tlie�ContracfPrice. The total amount payable b the Owner to the Contractor under the Construction Contiract,'after all proper adjtisfinents Have been made, including allowance to the Contractor of any amounts received ;���.�„ .,�3,x. „ ��nz��;,r;or_,to�Ue�xeceived�by the Ouvnerui;'settl'einent of insurance or other claims for damages to which the Contractor is �� ` eiitftled,ri edneed�by all valid and:proper payments made to or on behalf of the Contractor under the Construction SPE ?,y I xr ' ^�, ':;:<=-.,<; Via, § 14.2;,ConstruCtion Conttacti�',Tfieagreement between the Owner and Contractor identified on the cover page, nP, . '4� ctut� ng all, ContracfDocument9 and changes made to the agreement and the Contract Documents. f9' q..y"yz='°.xzxff"i�„i �;w+, tiz „.:� Coitt'aCforfDefaUlt. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply witWa�rriatenal?ferm of the Construction Contract. V`,,; " § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required deJ1.,J i Ebfistriiction Contract or to perform and complete or comply with the other material terms of the gh'eConsfrucfion Contract. x@@' `- y= x'�'Fn*•,ksrr � < 14Contrddt- 6cuments. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Inst. AIA Documents-on-DemandTM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. Construction Contract; legal, design and delay costs resulting from the Contractor's Default, and additional professional resulting from the actions or failure to act of the Surety under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual >, .,..., damages caused by delayed performance or non-performance of the Contractor. the Surety electsSo�act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. le to the Owner or others for obligations of the Contractor that are unrelated to the Balance of the Contract Price shall not be reduced or set off on account of any such of action shall accrue on this Bond to any person or entity other than the Owner or its successors and assigns. of any change, including changes of time, to the Construction Contract or to and other obligations. 'quitable, under this Bond may be instituted in any court of competent jurisdiction in or part of the work is located and shall be instituted within two years after a declaration two years after the Contractor ceased working or within two years after the Surety Cligations under this Bond, whichever occurs first. If the provisions of this Paragraph he minimum period of limitation available to sureties as a defense in the jurisdiction of or the Contractor shall be mailed or delivered to the address shown on the page R rte" sR .. r > �r'§�1Mhensthi's Bon&h6i -,been furnished to comply with a statutory or other legal requirement in the location where 1.. _ the constritettori:Rwaslfo lie -performed, any provision in this Bond conflicting with said statutory or legal requirement %.;.:.r.: ..i n,; <aSNS £¢ shlhbe deerrieddeletedh6fi5from and provisions conforming to such statutory or other legal requirement shall be deetried iricorp6tx tbd,hdr`etn. Whep so-�fumished, the intent is that this Bond shall be construed as a statutory bond and is :`•�^� r±°' � .i�.. x,• ' nWs_ 11 Inot as a cdmmon'Zlaw:'bond.°` ;,^rF .:,qJL K :$"�'�^ .1M+• t'° 'tir'„�q a .� .-, F y`Y,K,'.' 1 . 1-14 Qefiiiitioitions = RR, � . �4.. >. «.. Balanceaof�•tlie�ContracfPrice. The total amount payable b the Owner to the Contractor under the Construction Contiract,'after all proper adjtisfinents Have been made, including allowance to the Contractor of any amounts received ;���.�„ .,�3,x. „ ��nz��;,r;or_,to�Ue�xeceived�by the Ouvnerui;'settl'einent of insurance or other claims for damages to which the Contractor is �� ` eiitftled,ri edneed�by all valid and:proper payments made to or on behalf of the Contractor under the Construction SPE ?,y I xr ' ^�, ':;:<=-.,<; Via, § 14.2;,ConstruCtion Conttacti�',Tfieagreement between the Owner and Contractor identified on the cover page, nP, . '4� ctut� ng all, ContracfDocument9 and changes made to the agreement and the Contract Documents. f9' q..y"yz='°.xzxff"i�„i �;w+, tiz „.:� Coitt'aCforfDefaUlt. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply witWa�rriatenal?ferm of the Construction Contract. V`,,; " § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required deJ1.,J i Ebfistriiction Contract or to perform and complete or comply with the other material terms of the gh'eConsfrucfion Contract. x@@' `- y= x'�'Fn*•,ksrr � < 14Contrddt- 6cuments. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Inst. AIA Documents-on-DemandTM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 16 Modifications to this bond are as follows: !parties, other than those appearing on the cover page.) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AIA Document A312TM —2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents -on -Demand T11 order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 4 one-time use only, and may not be reproduced prior to its completion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On APR 2 2 2022 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CHRIMNE HOANGNotary Public - California I certify under PENALTY OF PERJURY under the laws of Orange Countythe *MY State of California that the foregoing paragraph is true Commission .4 2363281 Comm. Expires Jun 29, 2025 r and correct. Witness my hand a d official s a Signature Place Notary Seal Above Signature of N tory Public hn ' Vie Hoang oProoNaL Though the information below is not required by law it may prove valuable toyporsons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's. Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: >D UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,, LOS ANGELES, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company - See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG, DANIELLE HANSON, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 6t h day of July, 2022 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneystfi-fact•to. act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature g`,L'smy officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; su&Yii2gnature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies` -i!ie .slid and binding upon the Companies with the same force and effect. as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth itE4ir"lespec&e certificates ofauthority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Ca,=ng_'ni acs thvrcto. The President�or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previoas5given th. y attomey-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice resident and its corporate seal to be hereto affixed this �� ,� " .• : .`.4`'� . "'>�.� ..��P��F�olNsugay'':, p rp 6th day of July, 2020 00G �••.Fs CORPOliA�CE. %� `,?w CORPORATE y__ : Qz :- 1\3LY2 'o� ice= UNITED FIRE &CASUALTY COMPANY SEAL,. SEAL t s y. 1986 a'= UNITED FIRE & INDEMNITY COMPANY %; RRAPN`'�J� ��4jn�°SreRTE+� �` �'''''.,� �•� FINANCIAL PACIFIC INSURANCE COMPANY ''rnmm�" +nnmm" rrmuuuoun`• By: State of Iowa, County of Linn, ss: Vice President On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument, that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Patti Waddell Waw-,�,,otary Iowa Notarial SealCommission number 713274 Public ► My Commission Expires 10/26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the,Wfibii of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HO,S}AID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said P0y has not*-beenrevoked and is now in full force and effect. In tatimon3 ivheieof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations '�= .rtliis 22nd `_ day of April 120 22 -fin- rRurur ., .\omwu,un, cnsuq INSUq'94''% CO 4� t�. ........... _CORPORATE\..ll_:CORPORAU,.=DULY 2Z o By ,;5 5EA'L � �� SEAL t' : Z •., P �l.� 2 Assistant Secretary, uamR�a• mnmu unnwmno OF&C & OF&I & FPIC BPOA0045 122017 TM ulvAIA Document A312 -2010 was •' x,G Executed in Triplicate Payment Bond Bond No. 54244018 Premium listed on Performance Bond TRACTOR: Optima RPM, Inc. SURETY: United Fire & Casualty Company �h.(Name, legal status and address) (Name, legal status and principal place ofbusiness) r 17945 Sky Park Circle, Suite D P.O. Box 73909 ,i�,� -� Irvine, CA 92614 Cedar Rapids, IA 52407 This document has important legal -� consequences. Consultation with �-" an attorney is encouraged with .OWNER �`,,,J_ i respect to its completion or "(NameJ1e dlJ1`stattis and address) modification. '`xThe River ;LLC RosIe,IRitchie and Brian Kyle >=•a"''r+s;E Any singular reference to Firsf��t`l=eet.<;:y:- f `nwContractor, Surety, Owner or ,Seal Beach, CN90740, F�,� other party shall be considered 1zz� ,z „':',' `F',,k..:.; <;t s.x� plural where applicable. CONS712UCTIONZ0NTRACT 'April;=,4622Vm ...,, . AIA Document A312-2010 14 -,=x - T_ 1111"x' u' P ,• `' combines two separate bonds, a +•' rF, '"" " Performance Bond and a ( ,030,000.00) ' �l�mounf'xOne Million'=Thi Thousand And Noll $1 fix, i Payment Bond, into one form. Rs �:^',� ,�> :::fig a✓ti4 �",�^A�,,,,i.� {; :x;:''yo-s�;z p`` `` !.ir "D"escri"'tion :F:, °, _ The Beach House Restaurant 15 First Street Seal Beach CA 90740 This is not a single combined t ,; Vim, , Performance and Payment Bond. ,..F r„:(Name andrZocalton ' BOND '0&�MNf` syFA eq�".1:b?lf,�`.'':�"�'>ii,.i.'`kto"frs �A” ri1222022 ate >„3 0,,.P z rda t g /t��ot earherlhan Construction Contract Date) tf',r. ,, "_2'r�'a�.� ^a �.tl�!. V,�' 7 •a�s,.,"',�^•<,n�^w�e,,. Y 7z^ £.`s^,u�.`,'`i',:,�.% i�s; � Amount: One'Million Thirty hdilsand And No/100Dollars ($1,030,000.00) ^eU . mat "sr`....:.:.... ” ¢:rc•,,'rt�;'• I'd e odificatidti!i i'd• 521 None ❑ See Section 18 "Tr.-i.1z �ns'�''M�;.4�,•,:,-, +ti��-1''•c"'o y CONCkAS RT-F,,RINCIPAL £.S SURETY R (CPorate Seal) Company: rate a om an �`(Co �.= "�...` e - -0 a al Inc.r U14 nited F e & C al Com y f y ,� Signampe.- W �,.�� = .m o . Signature: .. Nam Name Iren LuongK.41 _a an T`itl`e Atto ne in -Fact Cis; ' -" e'.tt0 and Title: Y- ,.,,y(1ny.adcYittonal^signatures appear on the last page of this Payment B nd.) (FOR INFORMATION ONLY— Name, address and telephone) q�g-g"-,-, � � •,z "AGENT wor:�BROKER: OWNER'S REPRESENTATIVE: aiSpXxt?, 11115-30 Il. y (Architect, Engineer or other party:) TTieiB:gncIFExeliangeandaInsurance Agency Chrisaiita Drive;;Suite 160, Mission Viejo, CA 92691 Agency Telephone: 949-461-7000 AIA Document A312TM — 2010. The American Institute of Architects. This document was created on under the terms of Init. AIA Documents-on-DemandT order no. , and is not for resale. This document is licensed by The American Institute of Architects for 5 one-time use only, and may not be reproduced prior to its completion. 061010 § 1 The, Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds Ywow-vtharmless'the Owner from claims demands liens or suits b an person or entity seeking payment for labor, materials .,� > Y YP h' gP Y > the performance of the Construction Contract, then the Surety and the Contractor .v ;;,��� �,,„�m�,��,;��„or'egwpment furnished for use in „`'_ _ 1 slalllave no obligation raider this Bond. ubaawKaF is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment :,, naterials orequipment furnished for use in the performance of the Construction Contract and tendered of sucheclaims`'demands, liens or suits to the Contractor and the Surety. the conditions in Section 3, the Surety shall promptly and at the Surety's expense ess the Owner against a duly tendered claim, demand, lien or suit. s° �I' i- ` r- § s he=,Surety's 0 , igations to3a Claimant under this Bond shall arise after the following: o';:h`,• <i .rz..2.rt{wr d4r*':y k'�'h'. t.=; mF,,:fi> ;:'yf='u°ra JF»IV E I s E:i:;:l rdla F,,`kk�xl� :rt `L r t�"�vF�'.' .•'y ei .t`a�t:i:,, K^' <.A'«"�„�x3, §';'51 Clan iiaiits; o'l'io+doanoti`liave a direct contract with the Contractor, � .Es i'. d�1 ;rat �014,=�g xll; t q; I `' ha e furriisl ed a written notice ofnon-payment to the Contractor, stating with substantial accuracy the ;ru amount claimed and the name of the party to whom the materials were, or equipment was, furnished or jNsuppued orlor wfiom the labor was done or performed, within ninety (90) days after having last erformedflaboror last furnished materials ore m• and equipment included in the Claim; P q P > t _ 2,:.;:r.' havessent a>.Uftim"to the Surety (at the address described in Section 13). Jzzyc+°e:a-3 »t,. '<§i'532xClmaritswlio`are m€10 ed by or have a direct contract with the Contractor, have sent a Claim to the Sure at the acldre§s>described,iri Sec`tioxi 13). ,:�;� IMN§' 6Xf anofice ofnon,F-F'payme&,Tequired by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to y.. ,.E V satin a'Cl, t, afro, g fy aimant'' s obligation to furnish a written notice of non-payment under Section 5.1.1. _h`, n a Claimant<,has16 fled the conditions of Sections 5..1 or 5.2, whichever is applicable, the Surety shall proinptlyandat tletSurety's'expense takethe following actions: '�` $� -,--.,-.-..answer to the Clainant'vewith a co to the Owner, within six 60 days after receipt of the Claim PY > sixty ( ) Y P > stating ilie amountsthat are<:undisputed and the basis for challenging any amounts that are disputed; and �,'-:`_� for a meat<ofxan undis uted amounts. Hx § YX g P Y Y P ;�.; TlieSure s failure to"discfiar` a its obli ations under Section 7.1 or Section 7.2 shall not be deemed to c`oiistitut e a waiver of defenses the Surety or Contractor may .have or acquire as to a Claim, except as to undisputed �w.��,�"�.�: 1 h amounts for whichethe Surety'and Claimant have reached agreement. If, however, the Surety fails to discharge its � r M` �, obligations under Section,7;.:1 or,`: Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's rfees;tlie Claimant incurs tliereaffe"r' to recover any sums found to be due and owing to the Claimant. r 1z �".:.' . "*t MCE,`"�a, gg^`g`,,'^n'�'rxG I•:;,i;:�`^ -4,81 ;r8 The Suite" �§�> ty.�tofaho„bT ligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 3"'�"''..Ax; t�-'�'%'�'•i"hX��,f,pa:"n<m« � 1 uE ig.a«>e�rrvFT,Mi w;§`"9s`Ariounts'`ow, :,:,e."d by the Owner to the Contractor under the Construction Contract shall be used for the performance 1 Vit''` ~''"' nf�tfie'oristiation Contract and to satisfy claims if any, under any construction performance bond. By the ,;Fa'`,; <`F,:Cantractor fiiruishmg and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the '.rfM ;iperforinanceo f the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, siibjeci to the Owner's priority to use the funds for the completion of the work. AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Inst. AIA Documents-on-DemandT order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. WH'M!!2Ma i1M:fi§;x11 Theurety hereby waives notice of any change, including changes of time, to the Construction Contract or to Y' xelatedsubcontracts, purchase orders and other obligations. t'3�3':.:v`.Y,<'x,�.pN'3f���''q"rw«�h"5",`�e�.�.+,;.?.{Su. .:"ia.':`5n'.,^.;a, ,:;.r •.�i ,E �: "�"".., e.7;§ 17 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent i� aii Ggdicho' n in the state in which the project that is the subjectof the Construction Contract is located or after the " �exrr�atron of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to „ nM Section 5.1.2 or 5.2, or.,(2) on which the last labor or service was performed by anyone or the last materials or euqupment were furnisiie",'dby anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the ns ofithis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a in isdiat naof the suit shall be applicable. r, the Owner or the Contractor shall be mailed or delivered to the address shown appears. Actual receipt of notice or Claims, however accomplished, shall be received. fished to comply with a statutory or other legal requirement in the location where red, any provision in this Bond conflicting with said statutory or legal requirement and provisions conforming to such statutory or other legal requirement shall be i so furnished, the intent is that this Bond shall be construed as a statutory bond and i or entity appearing to be a potential beneficiary of this Bond, the Contractor and copy of this Bond or shall permit a copy to be made. fit by the Claimant including at a minimum: Claimant; person for whom the labor was done, or materials or equipment furnished; reement or purchase order pursuant to which labor, materials or equipment was of the Construction Contract; materials or equipment furnished; last performed labor or last furnished materials or equipment for use in ,tion Contract; by the Claimant for labor, materials or equipment furnished as of the date of its payments received by the Claimant; and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the,Claim. a.?� An mini;` dual,,,60ntity having a direct contract with the Contractor or with a subcontractor of the .�;,5-;.,. ".':�, .�;uv.,...... ...irrnish�labor�amaierials or equipment for use in the performance of the Construction Contract. The term wu, �€ - `Claimant also,'ncludes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien ,similar sfaiuie against the real property upon which the Project is located. The intent of this Bond shall be to x 4-. '�'„include without^limitation in the terms "labor, materials or equipment” that part of water, gas, power, light, heat, oil, „',� asoline, tele ho"ne'service or rental a ui inert used in the Construction Contract architectural and engineering � services re wired for performance of the work of the Contractor and the Contractor's subcontractors, and all other a �- 2 .;items �for;wh16111 a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were h `, M § 1:6:3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including alI`Coriract Documents and all changes made to the agreement and the Contract Documents. AIA Document A312TM —2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandTM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. �M� a XR`3 $§174fatlil Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond Nk` hall b' deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. `p §tl8Iodtfications to this bond are as follows: !parties, other than those appearing on the cover page.) SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AIA Document A312T — 2010. The American Institute of Architects. This document was created on 09/20/2010 16:08:23 under the terms of Init. AIA Documents-on-DemandTM order no. 2005199009, and is not for resale. This document is licensed by The American Institute of Architects for 8 one-time use only, and may not be reproduced prior to its completion. IM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On APR 2 2 2012 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) CHRISTINE H6ANG acted executed the instrument. Notary Pu61ic -California 'orange County1 certi under PENALTY OF PERJURY under the laws of Cammtsslon � 2363281 fY *my Comm. Expires Jun 29, 2025 the State of California that the foregoing paragraph is true and correct. Witness my hand a d offs ' I se N r Signature Place Notary Seal Above Signature of No ry Public ns " e Hoang OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact• • • El Attorney in Fact • • ❑ Trustee • ❑, Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety, Department "UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 `19 IN INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG, DANIELLE HANSON, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the6th day of July, 2022 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article. VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature oflany officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authoijzAhereiby'i'sLiclvsignature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companics,Nbe valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth it he -.fespTetiye certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Coingshies ti ct to. The Pr6idbiit_or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previons:tgiven to -any attorney-m-fa`et. r'" - IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its F\c 1Nsugq ,, vice president and its corporate seal to be hereto affixed this 6t h da of July, 2020 ��\G:•PPOy"•.Hc,� y y. `?S CORY!JRA��.`aw CO$P�RATE LS 2U �LY2AT�,��p' %C UNITED FIRE & CASUALTY COMPANY �' SEALJT %'~a, v sEnL ' <`• isBfi a'e UNITED FIRE &INDEMNITY COMPANY '',;Fa \�c��.__'-,,•, y • 9<iFaa?`<; FINANCIAL PACIFIC INSURANCE COMPANY //�R,IRAPN`\\J\� ' 'I/j� �f1111111\� ```` ''/''/��rprnllnlnPnnJ```• By: State of Iowa, County of Linn, ss: Vice President On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument, that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 4W+L a Patti Waddell g Iowa Notarial Seal � Commission number 713274 Notary Public Mil Commission Expires 10/26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OF�F.IC50F SAID„CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power been`revoked and is now in full force and effect. - .Indestimony vihereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations tis -22nd= day of April 20 22 J" \\\pI1K(tlry/ :d T 1111N/, INSU,9 .. -7 4'" 'c� 4k " Nor} ��QQG•��P��41�✓cc�` . Oln'ORATE �y �o y CORPOR Q.ATE g �VLY 2,91 SEAL e\ : Z'•• D \R':'2c ;94iFO?�•�',.` Assistant Secretary, npuarm\a „mmlm n,muumno OF&C & OF&I & FPIC BPOA0045 122017 rUNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG, DANIELLE HANSON, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 6th day of July, 2022 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth in their respective, certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companiesahcreto.The•-Pxbsident or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously.1i,N'`:' fc any'a66.' "i fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its aNSU„ `�� - ,�•,,,�,� `` o -e ro,r , NF�c•_,,, qq1.,,, vice president and its corporate seal to be hereto affixed this 6th day of July, 2020 �''•.m PO ZZ. -9 _(ERAIE F .CORP^ os 113 LY 2Z �� i_ UNITED FIRE &CASUALTY COMPANY ;_,� UNITED FIRE & INDEMNITY COMPANY SBF V �`` � SEAL 'tom � 2 ••_C+q �'� a � %nFeslERrE*��•o`� t......`•`'! °'` FINANCIAL PACIFIC INSURANCE COMPANY Jfit 1111 lr��� ���ib oo 11 1101 State of Iowa; County pf Linn, ss: Vice President On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. +L� Patti Waddell z � Iowa Notarial Seal Wawwotary Commission number 713274 Public h My Commission Expires 10/26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of, the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OF,Eldf�OF SAID,CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of:kttvniey`lias rioib'een revoked and is now in full force and effect. In testimon•✓-whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations J tt(<722nd � day of April 20 22 ```"i,rnp��/'y ���a�HGocnggii a�q4 :4w ti•�I M,y!?� .�`PRG�F.•Q.POq oo i a •CORPORATES `b CORPORATE 'Qi ��ULy 2?, BY- / C SEAL. oC �° SEAL �'& 5Z°.O gyp,+2 �i� tea'.`' ^ '�. h•E y %�'"•''9�(FOR ?,.� Assistant Secretary, 'rrnpiu R�°°�``` OF&C & OF&I & FPIC ginuui� BPOA0045 122017 Executed in Triplicate United Fire & Casualty Company !United Fire & Indemnity Company Financial Pacific Insurance Company SURETONDS 0 RIDER TO BE ATTACHED TO AND FORM PART OF Payment, Performance and Dual Obligee Rider In favor of Optima RPM, Inc. on behalf of United Fire & Casualty Company Bond No. 54244018 IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium that may be properly chargeable as a result of this rider. 1. The Surety hereby gives its consent to: ❑ INCREASE ❑ DECREASE ❑ CHANGE THE NAME OF THE PRINCIPAL ❑ CHANGE THE ADDRESS OF THE PRINCIPAL ❑ CHANGE THE EFFECTIVE DATE ® CHANGE THE EXPIRATION DATE ❑ CHANGE THE BOND NUMBER ❑✓ OTHER: CHANGE THE NAME OF THE OWNER FROM: The River LLC Rosie Ritchie and Brian Kyle TO: The Beach House at the River LLC EFFECTIVE DATE OF RIDER: April 22, 2022 2. PROVIDED, however, that the attached bond shall be subject to all its agreements, limitations, and conditions except as herein expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. 3. Signed, and sealed this 27th day of April 92022 Xited Fir & asual Com any �. - Irene Luong ttorney-i Fact' =e 1 •� �,(� � - ��-i ,`tet`' HOME OFFICE: 118 SECOND AVENUE SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 I P: 319-399-5700 I F: 319-286-2520 www.ufg'ins.com BOND0001 042011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange APR Z 7 2022 On before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) CHRISTINE HQANG acted, executed the instrument. Notary PLbUc - California -: orange County = I certify under PENALTY OF PERJURY under the laws of • Commission 2363281 '"`" My Comm. the State of California that the foregoing paragraph is true r Expi. es Jin 29, 2025 and correct. Witness my hand and oseal. Signature Place Notary Seal Above Signature of Notary Public frlStln Hoang OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to anofher document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact Klun I• • - ❑ Attorney in FactRIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF e ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Y UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department . N ' UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE x FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 ufg IN INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG, DANIELLE HANSON, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the6th day of July, 2022 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Face. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either autlrorized7he-r&bi ;,'such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies; tNl� e valid�anRihding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth in`ltyei_wresp6etive ce, ificat6s of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Com��ti1A thereto. Tlra-Tresidentor any Vice President, the Board of Directors or any other officer of the Compairics may at any time revoke all power and authority previous gtven1t^ o any attorney_-in=fact " numr„� IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its e�`lxD r ;'ay INSU.9.'! vice president and its corporate seal to be hereto affixed this 6t h day of July, 2020 3EryyragE =w cos oaniE y2 = c =GIULY220= UNITED FIRE &CASUALTY COMPANY � � � � � z ` a•; 1985 ; fay @t`` _ moi` SEAT �_; UNITED FIRE & INDEMNITY COMPANY .Z••o ��"�'RR �e� ����"' FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: Vice President On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument, that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Pali Waddell Iowa Notarial Seal Commission number 713274 Notary Public h My Commission Expires 10/26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the -bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney,lras not been revoked and is now in full force and effect. - In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this -27th _day of April 120 22 i NO C=4 I4 N : aPWwu�n��i ..0"6�r INSU s � �i ��� txoEM �i �. F R tp� `PG�....PO... 9y' `$� Cp 4` �. .• Q •GOP k4l':oc„� .J�.A{- �S COAPOItATE -m CORPORATE ; ¢,. _ )ULY 22 �� c By l ''_ 't -!SEAL �� SEAL `' $ 2 •. O %,`� ',.�� •-/FOF�� Assistant Secretary, aoOF&C & OF&I & F PIC mm�unn BPOA0045 122017 3;L "- Executed in Triplicate to UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) DUAL OBLIGEE RIDER TO PERFORMANCE AND PAYMENT BOND WHEREAS, on or about the entered into a written agreement with Herein referred to as the Contract; and day of WHEREAS, the Contractor, as Principal and the UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, and IOWACORPORAUON, as Surety, made executed and delivered to said Owner their joint and several Performance and Payment Bond. NOW THEREFORE, in consideration of One Dollar and other good and valuable considerations, receipt of which is hereby acknowledged the undersigned hereby agree as follows: The Performance and Payment Bond aforesaid shall be and it is hereby amended as follows: `N6:�,, 1. The Name of 'iGuIa 1'allBe�ac� ` � ' �� � ;` shall be added to said Bond as a Named Obligee. 2. There shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal, or to the Surety in case it arranges for completiowof he "---.,, Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, aild`shaW.e :- form all the other obligations required to be performed under said Contract at the time and in the manner thereir sefyft Il 3. Except as herein modified, said Performance and Payment Bond shall be and remain in full force and effect.. - ::� F, ,5'. ",Nil,. ,,. _ q"M�wKF.'%y > _ "� SIGNED, SEALED and DATEDTHIS , , <M�22r.d P4 day of j, `3`'-- q 7,222&4,11', .� �07� _ Contractor ro RX,, ,� yW W B g ,$� xrr ;, u`£E:S� a Y I v Fu Y.sittM,.✓. ACCEPTED: RIM�5�5��, Kr:U, ky��:,,�2; , k��£�„r�?+ ��� ��,`;r, � ,,;p f' i3 �' �s � -r w5 ;3„•, gin” t"�-��,xs3�?�€,� Title CONT 00131190 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On APR 2 2 2022 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), :: r••.y� CHRISTfNE HOgNG and that by his/her/their signature(s) on the instrument the Notary public .California person(s), or the entity upon behalf of which the person(s) Oranoun= ge Cty I '} acted, executed the instrument. "' `F Commission # 2363281 MY Comm. Expires Jun 29, 2025 1 certify under PENALTY OF PERJURY under the laws of at the foregoing paragraph is true the State of CaNanofffificNea�/V and correct. Witness my haSignature Place Notary Seal Above Signatur of Notary P lic nstine oang OPTIONAL Though the information below is not required by law it may prove valuable o persons relying on the document and could prevent fraudulent removal anJ reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact • ■ - ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: >D UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,, LOS ANGELES, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pack Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE GEORGE, CHRISTINE HOANG, DANIELLE HANSON, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no singleobligation shall exceed $40, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the. authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the6th day of July, 2022 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature otah' officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;; sucl-r'sighature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the CompanigL a`S�'valid and biiidijupon the Companies with the same force and effect as though manually affixed. Such attomeys-in-fact, subject to the limitations set of forth in drre,r_ipsper•yive certifi2ates.of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Coii pA ies thereto. The Preesidenr'or_any Vice President, the Board' of Directors or any other officer of the Companies may at any time revoke all power and authority previotuly�iven tri any art: mey-in fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its ```I`p11tt�L'•t�nirq,, ``ttUtUtmRlgii `"anmunnn ! 1r,Wtn,,� ; ,4p,at"��yN,a2� „�G\FtC oNSUg4y,, vice president and its corporate seal to be hereto affixed this 6th day of July, 2020 wok a; '✓ ;0 4 J `• .. \� c+ � Q' ' F eH `•. C' �,W COHOBA Fye �a COICPORATE g =XC 2�uLY 2 z 0A��Z5 i UNITED FIRE &CASUALTY COMPANY SF.AL''r"kS sr\L 1se6 ;ate, UNITED FIRE & INDEMNITY COMPANY %•,,`�kL�s �a� �.. ''��Fes �y`��: 9UFOP' <, FINANCIAL PACIFIC INSURANCE COMPANY ��rrrhlr�jttt�`t�l ",rluinirn�ottt\� '!!!lalnnnuno�oS• State of Iowa, County of Linn, ss: "Vice President On 6th day of July, 2020, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Patti Waddell PaK,WaAw-,, = Iowa Notarial Seal• Commission number 713274ot<�tty Public My Commission Expires 10!26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of. Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the; Sgction of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE '017- SAID :CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said eyhas not been revoked and is now in full force and effect. Power of,Attorn In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this -'22nd day of Amil 120 22 '��t`µHlJnr4p r t\tWniRnhpi .��oa�INS�!'� >Y UarJ.f iii ����y,1NOsyN,O� \`O� G\Ft 99�,,i `�.COItnK1IL41E .=w 1CORPORATE 3= 'Q?2G�ULY 2?i= BY• / ��' a`� �'•� I >e' s'. 1966 ;,tai SEAL � h SEAL y \�•C,.9(/FORN�?.•�;� Assistant Secretary, r4R11j11100`` i,'BB%Ilii! ltt��`` 'J''��r4Arr11111R1t�`````` OF&C & OF&I & FPIC BPOA0045 122017 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Gry County of On MU� y q v before me, 7 ���Q+1 _1, Mw . �11�1 1VyI��i, IDate Here Insert Name and Title of 1�e Office personally appeared -0 iL 1 t'G Ol`rt A �W Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)j4are subscribed to the within instrument and acknowledged to me that tkesJ#/they executed the same in 4,r r/their authorized capacity(ies), and that by tz~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4bmyEUZABETH I. MWREZ Notary Public - California Orange County Commission # 23918" Comm. Expires Feb 21, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Signature OPTIONAL I seal. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docpment�Vklk_ Document Date: `rt 1'a2''a�, v Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Public Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: March 14, 2022 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED The Beach House, LLC 134 % Main Street Seal Beach,- CA 90740 T Attn: Bryan Kyle Re: Notice of Default under Facility Lease dated February 12, 2018 between the City of Seal Beach and Bay City LLC, as amended by First Amendment to Lease dated January 27, 2020 between the City of Seal Beach and Beach House at the River, LLC (assignee of the initial tenant) ("Lease") Dear Mr. Kyle: The City of Seal Beach ("City") hereby notifies you that you are in default under the above -referenced Lease for having failed to pay rent under the Lease for March, 2022 in the amount of $4,106.10. This notice is being given under Section 10.9(1) of the Lease, which provides that you have five (5) business days to cure the default. The City hereby reserves all of its rights and remedies under the Lease in the event the default is not timely cured, including the right to terminate the Lease and its rights to the security, deposit. If you have any questions or comments, please respond (or have your legal counsel respond) in writing. Sincerely, CITY OF SEAL BEACH By: Jig 1 R. 2Ingram—,City ager cc: Craig Steele, City Attorney Rosie Richie (6548 E. El Roble, Long Beach, CA 90815) � U N � > Q d j 03 • m T O E O O O'ao co CD U U a �= .0 a cu cu + O aa) ci -a = :5Q CU (D° N v "= -i` N cu U U oO N N v - ^N D 3 c O c m o i I a U E N E 0 -_ N LOW U C C N i T O N s EES BOO Z o N o > z a?- L=U o o 11 El O ❑ 'm T O CI TY M J J V OOI py�� C C N 11 N N N 8) m a£i o IL cc oc o cn cn ooN E9 ❑�❑ ❑❑ RJ m Lo o� CiM N O N w (an) z C j � o £ -. SON pO RO) > d a ro„ d mda y N N N T J J= N N cc 7 •CD •d W M c c --o _o � 0') rnrn-2pm N Vi cc — e -5 73i N J - a X Cd r' �QQUUUU co _ C6 El134oDOo❑ � U N � > Q d j 03 • m T O E O O O'ao co CD U U a �= .0 a cu cu + O aa) ci -a = :5Q CU (D° N v "= -i` N cu U U oO N N v - ^N D 3 c O c m o i I a U E N E 0 -_ l LOW T O MM O T O 00i RJ m Lo o� CiM Q" z o £ -. SON pO RO) > N ` v 2 _o � 0') ro E W T 00T a �. S�(i z �` "' M r' _ € (` aru " na n. C� p i I 7= C5 -Ci ro _n -0 Ir ru Im Er 0 m o o C3 ru ru r -q ru C3 rl- t RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: City of Seal Beach 211 — 8th Street Seal Beach, CA 90740 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111!! �1111 111 11111111111111111111111111111111111 �������� ��� ��� NO FEE *$ R 0 0 1 1 5 3 0 3 7 3$ 2020000094087 12: 31 pm 03/03120 47 412A A17 9 0.00 0.00 0.00 0.00 24.00 0.00 0.000.000.00 0.00 Exempt from recording fees pursuant to Govt. Code Section 27383 (Space Above For Recorder's Use) RECEIVED FIRST AMENDMENT TO LEASE between City of Seal Beach 211 — 8th Street Seal Beach, CA 90740 and Beach House at the River, LLC (Formerly "Bay City, LLC") 1341/2 Main Street Seal Beach, CA 90740 57296-1132\2333439v5.doe MAR 12 2020 CITY CLC,,RK CITY OF' SEAL 13EACH FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "First Amendment") is dated as of January 27, 2020, by and between BEACH HOUSE AT THE RIVER, LLC, a California limited liability company (hereinafter "Tenant"), and the CITY OF SEAL BEACH, a California charter city (hereinafter "Landlord"). Landlord and Tenant are sometimes individually referred to in this First Amendment as a "Party" and collectively as the "Parties." RECITALS Landlord and Bay City, LLC entered into a Facility Lease dated March 12, 2018 ("Lease") for certain premises described in the Lease ("Premises") that were to be renovated and operated as a restaurant. A Memorandum of Lease dated March 12, 2018 was recorded on March 20, 2018 as Document No. 201800009825 in the Official Records of Orange County, California. Bay City, LLC has assigned its interest in the Lease to "Beach House at the River, LLC." Disputes have arisen between Landlord and Tenant relating to the Lease, and Landlord and Tenant desire to enter into this First Amendment in order to resolve the disputes. AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. Lease Commencement Date and Rent Commencement Date. The Commencement Date and the Rent Commencement Date (as such capitalized terms are used in the Lease) shall be the date that is one hundred -twenty (120) days after the later of: (a) the date on which a Coastal Development Permit for the restaurant issued; and (b) the date on which the City of Seal Beach issues the building permit for the Tenant Improvements described in Section 6 below. To facilitate said Commencement, Tenant shall diligently and promptly pursue all such permits, and shall file an application for building permit with Landlord not less than two (2) calendar weeks following the approval of the Coastal Development Permit. Landlord shall cooperate with and use reasonable efforts to expedite issuance of all City permits and inspections throughout the buildout process. 2. Prepaid Rent, Liquidated Damages. Concurrently with Tenant's execution and delivery of this First Amendment, Tenant shall pay to Landlord the sum of Twenty Thousand One Hundred and no/100 Dollars ($20,100.00) representing prepayment of the first three months of Base Rent (at $6,700.00 a month). If Landlord terminates the Lease, as amended hereby; based on a default by Tenant prior to the end of the first three (3) 57296-1132\2333439v5.doc calendar months of the Term, or Tenant terminates the Lease for any reason, then Landlord shall retain such prepaid rent together with the existing Security Deposit held by Landlord as liquidated damages. LANDLORD AND TENANT HEREBY STIPULATE AND AGREE THAT IN THE EVENT OF A TERMINATION OF THE LEASE (AS AMENDED BY THIS FIRST AMENDMENT) BASED ON A DEFAULT BY TENANT PRIOR TO THE END OF THE FIRST THREE (3) CALENDAR MONTHS OF THE TERM OF THE LEASE: (A) THE DAMAGES TO LANDLORD CAUSED BY THE DEFAULT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO DETERMINE, AND (B) LANDLORD'S SOLE DAMAGES REMEDY SHALL BE TO RETAIN THE SECURITY DEPOSIT AND PREPAID RENT (BUT THE FOREGOING SHALL NOT LIMIT OR ALTER LANDLORD'S EQUITABLE REMEDIES, INCLUDING INJUNCTIVE RELIEF, OR LANDLORD'S RIGHTS TO FILE/MAINTAIN AN UNLAWFUL DETAINER ACTION, IF APPLICABLE, OR TENANT'S OBLIGATIONS OF INDEMNITY AND DEFENSE AS SPECIFIED HEREIN). AX " nd rd's Initials xlx�l Tenant's Initials 3. First Rent Adjustment Date. The first Adjustment Date under Section 2.2 of the Lease shall be April 1, 2020; subsequent Adjustment Dates shall be at intervals of twenty four (24) months thereafter. 4. Base Building_ Work. With the exception of the electrical panel being permanently affixed to the Building consistent with applicable Code and the existing grease trap appropriately stubbed to the Building, Tenant irrevocably stipulates and agrees that Landlord has properly completed the Base Building Work. 5. Permits. Landlord shall be a co -applicant and shall cooperate with Tenant to obtain an approved Coastal Development Permit. Tenant shall diligently use its best commercial efforts to obtain the approved Coastal Development Permit within one (1) calendar year after the date of this First Amendment, time being of the essence. If the Coastal Development Permit is not obtained within said one year period despite such diligent best commercial efforts, then Landlord and Tenant shall meet and discuss in good faith any remaining requirements that must be fulfilled in order to obtain the Coastal Development Permit and reasonably agree on the schedule for fulfilling such requirements. 6. Tenant Improvements. Subject to Tenant's compliance with all applicable laws and obtaining all permits required by law (including any permits from Landlord in its governmental capacity and any permits required by the California Coastal Commission), Tenant may make the improvements to the Premises which are described on Exhibit "A" to this First Amendment and the Plan Set dated September 1, 2018, and "approved in concept" by Landlord as of March 11, 2019 ("Tenant Improvements"). Tenant shall make no other improvements or alterations to the Premises without Landlord's prior written consent. 2 57296-1132\2333439v5.doc Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to Tenant's failure to comply with any applicable law in connection with the Tenant Improvements, including, without limitations, failure to comply with any laws or reporting requirements applicable to construction work or operations on or in a publicly owned building. Nothing herein shall limit Tenant's other defense or indemnity obligations under the Lease. 7. Construction Period Insurance and Bonds. During its construction of improvements, Tenant shall maintain liability insurance, or cause its contractors to maintain liability insurance, consistent with Section 8 of the Lease, naming Landlord as additional insured. Reasonable evidence of such insurance (such as a Certificate of Insurance), and reasonable payment and performance bonds for the contractors (with Landlord named as obligee) must be provided to Landlord prior to commencement of construction. Tenant and/or Tenant's contractors shall provide such Performance, Labor and Materials, and Completion Bonds in forms and amounts satisfactory to the Landlord's Director of Public Works and City Attorney, as such bonds are required for other construction projects on Landlord's property. 8. Indemnity Re: Coastal Commission Conditions. Upon the execution of this First Amendment, City will promptly inform the Coastal Commission that the City is the co - applicant for the Coastal Commission Permit. Landlord's City Manager shall execute the application for Coastal Development Permit if necessary to properly apply for the permit. Tenant shall defend, indemnify, and hold Landlord from and against all claims, liabilities, losses, costs and expenses relating to or arising from any conditions imposed by the California Coastal Commission on, under or in connection with the Coastal Development Permit for the Tenant Improvements. Nothing herein shall limit Tenant's other defense or indemnification obligations under the Lease. 9. CUP Amendment. Subject to legally -required noticing periods, Landlord shall schedule a public hearing before the Planning Commission at its next available regular meeting to consider an amendment to the existing Conditional Use Permit for the Premises in order to allow the Tenant Improvements to be completed. 10. Claim for Credit. Tenant hereby waives, releases and commits not to assert any claim for any payment from Landlord, or credit against rent, relating to the Tenant Improvements or any other work or any condition of the Premises. TENANT HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." 3 S7296 -1132\2333439v 5. doc TENANT HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. TENANT FURTHER AGREES AND ACKNOWLEDGES THAT, IN GIVING THE FOREGOING WAIVER AND RELEASE, IT HAS WITH ITS LEGAL COUNSEL, CONSIDERED ANY STATUTE OR OTHER LAW THAT MIGHT APPLY TO AND LIMIT THE EFFECT OF TENANT'S WAIVER AND RELEASE HEREIN AND HEREBY KNOWINGLY WAIVES THE BENEFITS OF ANY SUCH LAW AND INTENDS THAT IT NOT BE APPLICABLE HERE. Tenant's Initials: �. t 11. Notices, Points of Contact for Tenant Improvements. Notices to Tenant under Section 9 of the Lease shall be addressed to "The Beach House, LLC" rather than "Bay City Partners, LLC. For purposes of informal communications relating to Tenant's improvements, each party shall use its respective point of contact below: City Point of Contact: City Manager Address: 211 8th Street Seal Beach, CA 90740 Phone: 562-431-2527 E m a i l j ingram@sealbeachca.gov Tenant Point of Contact: Rosie Richie Address: 6548 E. El Roble Long Beach, CA 90815 Phone: 562 810-0078 E m a i I rosieritchie@yahoo.com 12 Entire Agreement. This First Amendment and the Lease contains the entire agreement of Landlord and Tenant with respect to the subject matters hereof. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this First Amendment as of the date and year first above written. 4 57296-1132\2333439vi.doc LANDLORD: TENANT: CITY OF SEAL BEACH BEACH HO By: By: Print0ify ill R. Ingram, g K Title:anager ATTE By. a oria 94ej, CMC, City; k h APP ROV D A ORM: �r By: Craig Steele, City Attorney 57296-1132\-2333d39v5.doe THE RIPER, and )ember CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF br�a On � a before me, N'�/Orl �(/ kb l ,-- Nota Public, personally appeared % /Y7 Notary who proved to me on the basis of satisfactory evidence to be th person(e whose name(< is/W'15 subscribed to the within instrument and acknowledged to me thaL*dshe/they executed the same in >iS/her/She[r authorized capacity, and that by„.his/her/their signatureW on the instrument the personn�sf or the entityW upon behalf of which the person(ss acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal. GLORIA DENISE HARPER Notary Public - California Z z Orange County > Commission x 2213162 n My Comm. Expires Sep 8, 2021 Place Notary Seal Above Signature of Notary Public 57296-1132\2333439v5.doe CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF 9 - -- _ _H MAW -kr On 1-21-20 before me k /�'rl 46, 44 f q Notary Public, personally appeared 64 m , who proved to me on the basis of satisfactory evidence to be the person whose name(/ is/aye subscribed to the within instrument and acknowledged to me that he/skt4hey executed the same in his/hofi*mir authorized capacity, and that by his/hof4keir signature(jr) on the instrument the person(,,4, or the entity( upon behalf of which the person(al acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public S7296-1132\2333439v5.doc �. • JIM SALAAM COMM ... 2176659 +�+ NOTARY PUBLIC -CALIFORNIA -q m ORANGE COUNTY W My Term Exp. January 19, 2021 Place Notary Seal Above EXHIBIT "A" DESCRIPTION OF TENANT IMPROVEMENTS [BUILDING PLANS FOR THE BEACH HOUSE AT THE RIVER DATED SEPTEMBER 1, 2018, STAMPED APPROVED IN CONCEPT MARCH 11, 2019 ON FILE WITH THE CITY OF SEAL BEACH] 57296-113212333439 v5.doc RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Sea] Beach 211 Eighth Street Seal Beach, CA 90 0 Attn: City Clerk MAR. 2 6 ,,018 CITY CLERK. Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIII1III 111IIEI 11IIIIIIII�IIIIIIIIIIIII1II IIIII11I I1IIIII NO FEE +- $ R 0 0 0 9 9 6 3 6 0 7$ * 2018000098250 2:13 pm 03/20118 14:3 401 M11 3 0.00 0.00 0.00 0.00 6.00 0.00 0.000.00 0.00 THIS LINE FOR The undersigned Landlord declares that this Memorandum of lease is exempt from Recording Fees pursuant to California Government Code Section 27383, and is exempt from Documentary Transfer -Tax under Reserve and Taxation Code Section -11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is dated as of March 12, 2018 and is entered into by and between the CITY OF SEAL BEACH, a municipal corporation ("Landlord') and BAY CITY LLC. a California limited liability company ("Tenant"). RECITALS A. Landlord and Tenant executed that certain Facility Lease dated March 12, 2018 (the "Lease") affecting the property in the City of Seal Beach, California (the "Property") located at 15 First Street. B. Landlord and Tenant now desire to record this Memorandum in order to, among other things, comply with law requiring that municipal leases be recorded, giving constructive notice of the existence of the Lease, and permitting the Tenant to obtain title insurance for its leasehold interest (if desired). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and condi-'ons contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 4. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease, which are hereby incorporated herein by this reference. 5. Term. The term of the Lease commenced on March 12, 2018 and expires twenty (20) years thereafter: provided, however, that the Tenant has two (2) options to extend the term, as more particularly described in the Lease. 67296-000 I \2119132v5.doc I IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written. LANDLORD: CITY OF SEAL BEACH, a municipal corporation By Print a : Jill R. Ingram Title: City Manager TENANT: BAY CITY LLC By: �,�.rtr Brun and Member. [ALL SIGNATURES MUST BE DULY 57296-0001\21191320,doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On I ' 1CMUV l I`:I oUr6 , before me, Robin Lvnn Roberts /� � tna eandtitleoftheofficer) Notary Public, personally appeared ')M'A l pC�trV' �-, q who proved to me on the basis of satisfactory evidence to be the person( -whose nameN) is/ars, subscribed to the within instrument and acknowledged to me that he/s'eAlloy executed the same in his/hrn`t: r authorized capacity(Tes), and that by his/her/thrir signature(s� on the instrument the person _N, or the entity upon behalf of which the person(s acted, executed the instrument. ROBIN LYNN ROBERTS COMM. #2078186 z a a Notary Public -California p z Orenge County o Comm. I= Se . 13, 201 B I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureLfft 1) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ff VKCh 111301 �� befome, Robin Lynn Roberts `` ` (insert namc and title of c officer) Notary Public, personally appeared 1 i�� 11��y � , who proved to me on the basis of satisfactory evidence to be the pe on(� whose name( is/era subscribed to the within instrument and acknowledged to me thattre/she/ttrey executed the same in I+Wher/their authorized capacity(lts), and that by+is/her/thciF signatureO on the instrument the personN, or the entity upon behalf of which the persotiN) acted, executed the instrument. ROBINLWreI03 TS p COMM86 z ¢ Notary rnia zz OrComm., 2018 97296-0001U1 19132v5.doe I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature � FACILITY LEASE This FACILITY LEASE ("Lease") is dated as of March 12, 2018 and is entered into by and between the CITY OF SEAL BEACH, a California municipal corporation ("City"), and BAY CITY LLC, a California limited liability company ("Tenant"). RECITALS A. On or about March 10, 2008, City entered into a Facility Lease dated March 10, 2008 with Michael E. Balchin (the "Prior Lease Agreement") whereby City leased those certain premises at 15 First Street, Seal Beach, California commonly described as the concession building located in the City's First Street Beach Complex (the "Premises") for the operation of the River's End Cafe. B. The fixed term of the Prior Lease Agreement expired April 30, 2017 and is currently on a month-to-month tenancy. C. City and Tenant wish to enter into a new lease agreement with Tenant for the Premises, which are more particularly described on Exhibit "A". D. The City had a leasehold interest in the Premises under that certain Tidelands Lease dated June 22, 1967 which expired on June 22, 2016 and must be extended in order to permit this Lease to become effective. E. The City owns a parking lot near the Premises which is described on Exhibit "A" (the "Parking Lot") and public restrooms described on Exhibit "A" (the "Restrooms") and the City and Tenant desire to specify herein the rights and obligations of the City with respect to the Parking Lot and Bathrooms. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants herein, City and Tenant hereby agree as follows: Section 1. Possession; Delivery; Term Commencement 1.1 Termination of Existing Tenancy; Extension of Ground Lease. Tenant acknowledges that Michael Balchin is currently in possession of the Premises and that the Tidelands Lease needs to be extended for thirty (30) years. City will promptly give the current tenant a 30 day termination notice. if the current tenant does not timely vacate the Premises, City shall use reasonable efforts to cause the current tenant to vacate by commencing and diligently prosecuting an unlawful detainer proceeding. if City is unable to cause the current tenant to vacate the Premises by the date that is six (6) calendar months after the date of this Lease, or if City is unable to so extend the Tidelands Lease (to accommodate the term of this Lease) by the date that is six (6) calendar months after the date of this Lease, then Tenant may terminate this Lease by written notice to the other party. 1.2 Permits and Approvals. Tenant shall use diligent efforts to submit applications and other items and fees required for a liquor license, City approvals and permits for Tenant's improvements to the Premises and signs, any Coastal Commission approvals and permits 57296-0001\2119132v5.doc required for Tenant's improvements and signs (collectively, the "Permits"). City shall cooperate in good faith as the owner of the Premises in connection with all applications for liquor license and Coastal Commission approvals and permits. 1.3 Base Building Work. Upon the existing tenant's vacating the Premises and the extension of the Ground Lease, City shall diligently publicly bid and then diligently perform the work described on Exhibit `B" ("Base Building Work"). City shall obtain reasonable warranties for the Base Building Work (including a warranty for the roof, and a warranty for the HVAC) and shall assign them in writing to Tenant whereupon Tenant shall maintain the Base Building Work, including the new roof and new HVAC, in good condition and repair. 1.4 Delivery of Possession; Term Commencement Date. City shall deliver possession of the Premises to Tenant promptly after completion of the City Work, whereupon the term of this Lease shall commence (and City and Tenant shall comply with Section 10.8 below). The date of such delivery is hereinafter referred to as the "Commencement Date". 1.5 Condition of Premises. Tenant acknowledges that Tenant has had the opportunity to inspect the Premises and, subject to City's obligation to complete the City Work, Tenant accepts the Premises in their current "AS IS" condition, without representation or warranty, express or implied. 1.6 Certified Access Specialist. The following disclosure is required by law: "The Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the Premises and determine whether the Premises comply with all of the applicable construction -related accessibility standards under state law. Although state law does not require a CASp inspection of the Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy; of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the Premises." However, in that regard, the parties hereby agree that Tenant shall pay any such inspection fees and the cost of making any such repairs. Section 2. Rent, Utilities and Security Deposit 2.1 Rent. All sums payable by Tenant to City pursuant to this Lease shall be deemed rent. 2.2 Base Rent. Commencing on the date ("Rent Commencement Date") that is four (4) calendar months after the date on which the City delivers the Premises to Tenant with the Base Building Work completed, Tenant shall commence paying to City monthly base rent, in the amount of Six Thousand Seven Hundred and No/100 Dollars ($6,700.00), which shall be increased every two and one half years (i.e., every 30 months) (each, an "Adjustment Date") by the lesser of (i) five percent (5%); or (ii) the percentage increase in the CPT over such period, -2- 57296-0001\21191320,doc determined by comparing the latest CPI published at least one (1) month prior to the applicable Adjustment Date to the latest CPI published at least one (1) month prior to the previous Adjustment Date (or in the case of the first adjustment, published at least one (1) month prior to the Rent Commencement Date) ("Base Rent"). Base Rent shall be prorated for any partial month after the Rent Commencement Date and for any partial month at the end of the term. "CPI" shall mean the United States Department of Labor, Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers for the Los Angeles -Anaheim -Riverside statistical area (CPI -U) (1982-84=100) the ("CPI"). Should the Bureau of Labor Statistics discontinue the publication of the CPI , or publish the same less frequently or alter the same in some other manner, then the most nearly comparable index or procedure as reasonably determined by Landlord, or substituted by the United States Department of Labor, Bureau of Labor Statistics, shall be substituted therefore. 2.3 Payments. All rent shall be paid in advance on or before the first day of each calendar month, without prior demand and without offset or deduction, to the City at 211 Eighth Street, Seal Beach, CA 90740 or to such other address as may be designated in writing by the City, except that the first partial month of Base Rent shall be paid promptly after the Rent Commencement Date. 2.4 Utilities. Tenant shall contract and pay for all utilities. 2.5 Security Deposit. Concurrently with Tenant's execution of this Lease, Tenant shall deposit with City the sum of $6,700.00, which shall be held by City as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof. If Tenant defaults with respect to any provision of this Lease, City may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any amount which City may spend or become obligated to spend by reason of Tenant's default, or to compensate City for any other loss or damage which City may suffer by reason of Tenant's default. City shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. The Security Deposit or any balance thereof shall be returned to Tenant (or, to the last assignee of Tenant's interest hereunder) upon completion of the Base Building Work, Tenant's other improvement work, and the opening of the restaurant in the Leased Premises for business. If City transfers its interest in the Premises, City shall transfer the cash Security Deposit to City's successor in interest. TENANT HEREBY WAIVES THE PROVISIONS OF SECTION 1950.7 OF THE CALIFORNIA CIVIL CODE AND AGREES THAT THE FOREGOING PROVISIONS OF THIS SECTION SHALL GOVERN CITY'S USE AND RETURN OF THE SECURITY DEPOSIT. Section 3. Term 3.1 Initial Term. The term of this Lease shall continue from the Commencement Date until the date that is twenty (20) years thereafter, subject to Section 4 below. -3- 57296-0001A21191320,doc Section 4. Tenant's Options to Extend 4.1 Options to Extend. Tenant shall have two (2) options to extend the term of this Lease each by giving City prior written notice of each extension at least six (6) months prior to the expiration of the then -current term. The first extension shall be for five (5) years, and the second shall extend this Lease to the date which is ninety (90) days prior to the expiration of the Ground Lease (as extended by 30 years under Section 1.1 above) 4.2 Extension Term Base Rent. The Base Rent for the first extension term shall be the then -Fair Market Rent, and such Base Rent shall thereafter be adjusted as set forth in Section 2.2 for the remainder of the first extension term and, if applicable, during the second extension term. As used herein, the term "Fair Market Rent" shall mean the fair market rent for the use of the Premises as a good quality beach restaurant as of the commencement of the applicable extension (i.e., the first extension and third extension), determined as follows. City shall notify Tenant in writing of City's determination of Fair Market Rent after Tenant exercises its extension option. If Tenant objects to City's determination, Tenant shall, within fifteen (15) days after delivery of City's notice to Tenant, notify City in writing of the specific reasons for Tenant's disagreement, whereupon City and Tenant shall meet and attempt to resolve such disagreement. If City and Tenant are unable to agree on the Fair Market Rent within twenty (20) days following Tenant's notice to City, then the Fair Market Rent shall be determined by an independent realtor in the manner provided below, and until the Fair Market Rent determination is completed, Tenant shall continue to pay to City the Base Rent in effect immediately prior to the extension. After such fair market determination is completed, Tenant shall promptly make payment to City for any underpayments owing for prior months. The process for determining the Fair Market Rent in the event of an aforesaid unresolved disagreement shall be as follows. An independent realtor with no less than seven (7) years of experience representing Citys and tenants in retail and restaurant leasing transactions in Los Angeles County, California chosen by City shall, in good faith, determine the Fair Market Rent for the Premises based on similar beach premises in the cities of Seal Beach, Long Beach and Huntington Beach leased for restaurant use ("First FMV Determination"), and City shall forward the resulting fair market determination to Tenant. If the First FMV Determination is unacceptable to Tenant, then Tenant shall so advise City in writing within ten (10) business days after the First FMV Determination is delivered to Tenant, and Tenant shall then have the right to engage an independent realtor with no less than ten (10) years of experience representing Citys and tenants in retail and restaurant leasing transactions in Los Angeles County to similarly determine, in good faith, the Fair Market Rent for the Premises, and the resulting fair market determination shall be delivered to City. If the Second FMV Determination is unacceptable to City, then City shall so advise Tenant within ten (10) business days after receipt of the Second FMV Determination, and the first independent realtor and second independent realtor shall then together choose a third independent realtor with no less than seven (7) years of significant experience representing Citys and tenants in retail and restaurant leasing transactions in Los Angeles County who shall !0 S7296-0001\21 19132v5.doc similarly determine the Fair Market Rent for the Premises ("Third Appraisal") and shall send the resulting fair market determination to both City and Tenant. If the Third FMV Determination is greater than the highest fair market determination or lower than the lowest determination given by the first realtor and second realtor, then the Fair Market Rent shall be the average of the First FMV Determination and the Second FMV Determination. If the Third FMV Determination is not greater than the highest fair market determination nor lower than the lowest fair market determination by the first realtor and second realtor, then the Fair Market Value shall be the average of all three determinations. The cost of the First FMV Determination shall be borne by City. The cost of the Second FMV Determination shall be borne by Tenant. The cost of the Third FMV Determination shall be shared equally between City and Tenant. Section 5. Relationship of the Parties The only relationship created by this Lease is of that of lessor and lessee. Neither City nor any of its officers, employees, or agents shall have control over the means of service or means of production of Tenant or any of its officers, agents, or employees. Tenant is solely responsible for all aspects of its operations, including, without limitation, its use of the Premises. Tenant shall not, at any time or in any manner, represent that it or any of its officers, agents, or employees are in any manner agents or employees of City. Section 6. Use/Maintenance of Premises; Parking Lot; Signs. 6.1 Use. Tenant shall use the Premises primarily for a restaurant, but may also conduct ancillary uses permitted by applicable law, including the uses described in Section 6.2 below. 6.2 Music and Television. Tenant may install television monitors and play music on the Premises after having obtained all necessary City permits or approvals as required by the City's ordinances and policies as they currently exist or may hereafter be amended. 6.3 Maintenance. Tenant shall keep the interior of the Premises (including the Restrooms) and all fixtures therein in good condition and repair. City shall clean and maintain and repair the Parking Lot and the structural portions of the Premises (except for damage caused by Tenant). Maintenance of the roof and HVAC and other Base Building Work shall be governed by Section 1.3 above. 6.4 Compliance With Law. Tenant shall comply with all applicable laws and regulations, including the Americans with Disabilities Act and any improvements required thereby as a result of Tenant's improvements or use of the Premises as a business open to the public. 6.5 Preservation of Insurance. Tenant shall not commit any acts on the Premises, nor use the Premises in any manner that will cause the cancellation of any fire, liability, or other insurance policy maintained by City insuring the Premises or the improvements on the Premises. -5- S7296 0001A2119132v5.doe 6.6 No Waste or Nuisance. Tenant shall not commit any waste or any public or private nuisance upon the Premises. 6.7 Legal Compliance. Tenant shall not violate any law, rule, or order of any federal, state, or municipal government or agency that may be applicable to use of the Premises. 6.8 Vacating Premises. On or before the expiration or earlier termination of this Lease, Tenant shall vacate the Premises, remove all of Tenant's personal property from the Premises, and leave the Premises in good order and repair. 6.9 Parkin . Tenant acknowledges that the Parking Lot is open to the public and governed by a pay -to -park system. 6.10 Parking Lot Events. City shall cooperate in good faith with Tenant to: (i) coordinate City events in the parking Lot that City desires (including any events described in the following clause), (ii) schedule events in the Parking Lot for local organizations as proposed by Tenant in writing (including such organizations as the Lions Club, Ladies of the Evening ("LOTE"), LAEF, Navy Weapons Station, and Surfrider Foundation) on terms reasonably acceptable to City; and (iii) schedule funerals, weddings and other similar events that relate to such events at the Premises upon written request by Tenant but on terms reasonably acceptable to City. City shall use good faith attempts to waive or minimize parking costs for such special events. 6.11 Delivery Area in Parking Lot. Tenant acknowledges that a delivery area exists in the Parking Lot and is marked. City shall maintain said markings and not reduce or eliminate them. Tenant may use such area for deliveries. 6.12 Tenant Signs. Subject to applicable laws and permits, and City's approval thereof (not be unreasonably withheld) in its proprietary capacity as the landlord under this Lease, Tenant may, at its cost, install a sign for the restaurant on the roof of the Premises and signs for the restaurant on City property, replacing the previous tenant's signs, at the locations described on Exhibit "C". Section 7. Indemnity Tenant shall indemnify, defend and hold harmless the City, its governing board and commissions and the individuals thereof, and all its officers, agents, employees and representatives (collectively hereinafter referred to as the "City" in this Section 7) from and against any and all claims, demands, debts, liens, claims, losses, damages, liability, costs, expenses (including, but not by way of limitation, fees and costs actually incurred, whether or not litigation has commenced), judgments or obligations, action, or causes of actions whatsoever, for or in connection to any injury, damage or loss (including, but not limited to bodily injury, death, personal injury, property damage, violation of any applicable Municipal, County, State, and Federal laws and regulations, Court Rules or ordinances, or any other type of loss) sustained or claimed to have been sustained by any person or persons, or corporation, or public or private entity arising out of the performance or nonperformance of services, operations, duties, and other obligations of the Tenant, its officers, agents, employees, representatives, and subcontractors under this Lease. The provisions of this indemnification clause shall not be limited to the -6- 57296-000]VI 191320.doc availability or ability to collect insurance coverage, and shall survive the termination of this agreement. Section 8. Risk Management/Insurance Tenant shall follow the principles of a sound risk management program. Whenever possible, risk shall be avoided. Tenant, at its own expense, shall obtain and maintain in effect at all times during the term of this Lease, all insurance coverage related to every aspect of its use of the Premises. Tenant is responsible for securing and maintaining all insurance coverage to operate the restaurant pursuant to requirements of City, State, or Federal statutes. Tenant shall provide proof of general liability, workers compensation, vehicle, and other insurance to City before the commencement of the term and again prior to each anniversary of the commencement of the operating term. Tenant shall obtain and maintain general liability insurance of $2,000,000. City shall be named as additional insured. Section 9. Notices All notices and demands that may be required or permitted by this Lease must be made in writing. All notices and demands must be sent by national overnight delivery service (e.g., Federal Express) or certified U.S. mail, return receipt requested, to the addresses specified below, or to any other place that the respective party may from time to time designate in a notice to the other. City: City of Seal Beach 21 1 8th Street Seal Beach, CA 90740 Attn: City Manager Tenant: Bay City LLC 134'/2 Main Street Seal Beach, CA 90740 Attn: Bryan Kyle Section 10. Miscellaneous 10.1 Assignment. Tenant shall not assign this Lease or sublet the Premises without the City's prior consent, which shall be granted or withheld in the City's sole and absolute discretion. 10.2 Entire Agreement. This Lease contains the entire agreement between the parties hereto with respect to the subject matter hereof, and any other prior agreement or purported agreement made shall be ineffective to change, modify, discharge or effect an abandonment of this Lease in whole or in part unless such purported agreement is in writing and signed by the party against whom enforcement is sought. 10.3 Applicable Law. This Lease shall be governed and interpreted in accordance with the laws of the State of California. -7- S7296-0001\211 9132v5,doc 10.4 Brokers. City's broker is CBRE (James Lehigh) and Tenant's broker is Davco Realty Advisors. City will pay a leasing commission to City's broker pursuant to a separate written agreement between City and the City's broker. Tenant's broker will need to make arrangements with City's broker to share in such commission. Each party represents to the other that it has not engaged or used the services of any other broker, finder, or salesperson in connection with this Lease. 10.5 Counterparts. This Lease may be executed in multiple counterparts each of which shall be deemed an original for all purposes. 10.6 Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 10.7 Possessory Interest Taxes. Tenant acknowledges that although City is exempt from property taxes, Tenant's leasehold interest under this Lease is subject to possessory interest taxes (a type of property tax assessed and billed directly to and payable by tenants who lease property from tax-exempt government entities) and that City is legally obligated to report possessory interest such as this Lease to facilitate the assessment of such taxes payable by the holders of the possessory interests. Tenant shall pay all such possessory interest taxes billed to Tenant by the County. 10.8 Memorandum of Lease. Promptly after the Commencement Date, City and Tenant shall execute, acknowledge and record a Memorandum of Lease in the form of Exhibit "D" (as required by law). 10.9 Defaults. Neither party shall be in "Default" under this Lease unless such party shall have failed to cure the default within (i) five (5) business days after written notice of the default from the non -defaulting party in the case of monetary defaults; or (ii) thirty (30) days after written notice from the non -defaulting party in the case of non -monetary defaults; provided, that if the non -monetary default reasonably requires more than 30 days to cure, the defaulting party shall not be in Default if it commences the cure within the 30 day period and thereafter diligently prosecutes the cure to completion. However, the foregoing shall not affect the right of either party to obtain injunctive relief for any default. Upon a Default by Tenant, City may terminate this Lease. Upon a Default by either party, the non -defaulting party shall have any of its rights and remedies under applicable law. City's default notices may be in the form required by the unlawful detainer statutes. 10.10 Proprietary Capacity. The City is executing this Lease in its proprietary capacity. Nothing in the Lease shall waive or alter the City's rights or powers in its governmental capacity. 10.1 1 City Manager Authority. The City Manager of the City shall have the authority to issue consents, approvals and notices and make elections for City under this Lease provided they are in writing. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above. -8- 57296-000112119 132v5.doc CITY: TENANT: CITY OF SEAL BEACH BAY CITY LLC/ By: L By: Jil ngram, City Manag r g,r ty� Br}�an KVe, Manager and Attest: Robin L. Roberts, City Clerk Approved as to Form9� __ yc By: Craig 9teele, City Attorney BE 57296-0001A2119132v5.doc EXHIBIT "A" DESCRIPTION OF PREMISES, PARKING LOT AND RESTROOMS (Attached.) S7296U00 IA2119132v5.doc oo\0o 011111 LEGEND m o0�02®0 9 i/ O O, i EXHIBIT "B" DESCRIPTION OF BASE BUILDING WORK 1. Replace existing roof, including roof supports. 2. If necessary, install/repair electrical panels and breakers. 3. Replace existing HVAC and related vents. 4. Relocate trash area to neighboring City Beach Maintenance Yard. 57296-0001 X21 19132v5.doc EXHIBIT "C" SIGN LOCATIONS Subject to applicable laws, Tenant shall replace the former Tenant's signs at: First & Ocean. 2. Beach side of Premises on leased building. At bike entry. 67296-0001A21191320.doc EXHIBIT "D" FORM OF MEMORANDUM OF LEASE (Attached.) S7296-000021 19132�5.doc RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: City Clerk ACE ABOVE The undersigned Landlord declares that this Memorandum of lease is exempt from Recording Fees pursuant to California Government Code Section 27383, and is exempt from Documentary Transfer Tax under Reserve and Taxation Code Section 11922. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is dated as of _ March 12 2018 and is entered into by and between the CITY OF SEAL BEACH, a municipal corporation ("Landlord') and BAY CITY LLC, a California limited liability company ("Tenant"). RECITALS A. Landlord and Tenant executed that certain Facility Lease dated March 12, 2018 (the "Lease") affecting the property in the City of Seal Beach, California (the "Property") located at 15 First Street. B. Landlord and Tenant now desire to record this Memorandum in order to, among other things, comply with law requiring that municipal leases be recorded, giving constructive notice of the existence of the Lease, and permitting the Tenant to obtain title insurance for its leasehold interest (if desired). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 4. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease, which are hereby incorporated herein by this reference. 5. Term. The term of the Lease commenced on March 12, 2018 and expires twenty (20) years thereafter: provided, however, that the Tenant has two (2) options to extend the term, as more particularly described in the Lease. S7296-0001A2119132v5Ad IN WITNESS WHEREOF. Landlord and Tenant have executed this Memorandum as of the date and year first above written. LANDLORD: TENANT: CITY OF SEAL BEACH, a municipal corporation By: Print Jill R. ngram Title: City Manager N, [ALL SIGNATURES MUST BE DL 57296 0001 Q 119132v5.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofOrange ` On Y 1*6) 1 _ IC y_ einscr me a�ptic ofthe officer) Notary Public, personally appearedi (� L� lX who proved to me on the basis of satisfactory evidence to be the person(Xwhose nameN is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herhhei authorized capacity(fes), and that by his/her-klw.i signature(B�,on the instrument the person(s� or the entity upon behalf of which the persoiu,� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing :Notafy LYNN ROBERTS i M. #2078186 A paragraph s true and correct. Public -California oz _c.neurty WITNESS my hand and official seal. %m. 13,20181 Signature �1'i0 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange L On ff)ckc( \ ll 1c J, j , before e, Robin Linn Roberts , (i it na.c.od title ofthe officer) 1 r Notary Public, personally appeared ` b 1 i e JlGt- ''Irl who proved to me on the basis of satisfactory evidence to be the perso (� whose nameO is/are- subscribed s/arcsubscribed to the within instrument and acknowledged to me that+e/she/they executed the same in his/her/thear authorized capacity(iesj, and that by-Iris/her/tfieir signatureN on the instrument the person(, or the entity upon behalf of which the personN acted, executed the instrument. ROBIN LYNN ROBERTS oCOMM. #2078186 z Notary Public - California o Zat Orange County Comm. Ez ires Sep. 13. 2018 S7296-0001\2 119132v5.doc I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat Signat I ure4lll kgAM—