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1993-1104_SWERDLIN, PATRICK_Agr & Mutual Gen. Release 9 1 ` AGREEMENT AND MUTUAL GENERAL RELEASE THIS AGREEMENT AND MUTUAL GENERAL RELEASE (the "Release") is made and entered into at Orange County, California, as of this __ day of A/pupkg ry4 , 1993, by and between David Swerdlin dba Mission Portrait Photography (hereinafter referred to as "Swerdlin") on the one side, and the City of San Juan Capistrano and the San Juan Capistrano Redevelopment Agency (hereinafter collectively referred to as "City") on the other side, and includes all employees, officers and/or agents of the City. In consideration of the mutual promises and covenants hereinafter contained, it is agreed by and between the parties hereto as follows: 1. The City agrees to pay to Swerdlin the sum of$30,000.00 upon execution of this Agreement by all parties, and upon vacation of the premises by Swerdlin. 2. Swerdlin agrees to execute a dismissal with prejudice of the Orange County Superior Court action bearing Case No. 707758 and any other action, claim or lawsuit now pending by Swerdlin against the City, and to remove immediately any liens,notices, Lis Pendens, or other claims or clouds which he has caused to occur against the title to the above described premises. 3. Swerdlin will vacate the premises not less than ten (10) days from the date of execution of this Agreement by the City after approval of the City Council, and will leave the premises in a broom clean condition, and will remove at that time all items of personal property. Except as otherwise provided herein, City acknowledges that it is retaking possession of the premises in the condition which existed at the time of preliminary inspection on September 28, 1993, with no further obligation upon Swerdlin for maintenance or repairs for conditions which existed or occurred prior to that date. The parties hereby agree that a walk-through inspection of the premises shall occur at termination of occupancy, that both parties will participate at that time, and that the purpose of the inspection will be to determine that no damage or removal of fixtures has occurred during move-out. 4. Swerdlin agrees that all utilities related to his occupation of the premises, which are the responsibility of Swerdlin will be promptly paid and disconnected upon vacating the premises. 5. Any and all deposits in the custody or control of City or its agents relating to Swerdlin's tenancy in the premises have been applied by the City to the rent for the last month's tenancy, and Swerdlin agrees to release, waive or surrender any and all claims that he may possess for the return of deposits, fees or other expenditures related to the lease. 6. The parties acknowledge that upon Swerdlin vacating the premises, the lease, all amendments and any claim of tenancy in the premises shall be terminated, and neither Swerdlin nor City shall have any further responsibility to each other with regard to the premises. 7. Swerdlin agrees to release City, and City agrees to release Swerdlin, from any and all claims, demands, causes of action, rights, liens, losses, damages, obligations and liabilities of any kind or character whatsoever, whether known or unknown, at law or in equity or otherwise, which any releasing party may now have or claim to have or to have acquired or may hereafter have or claim to have or to have acquired against any released party, by reason of any matter, thing, event, condition, fact, circumstances or transaction existing or occurring to and including the date of this Release. Said Release is intended by the parties to be, and it shall be interpreted and construed to be, all-inclusive as to every possible type of claim or demand without any limitation or exception of any nature arising out of the tenancy of these premises up to the date of this Agreement; except only that this Release shall not apply to the rights and obligations of each of the parties under and pursuant to the terms of this Agreement. 8. Each of the parties hereto represents and warrants to the other party that it has not assigned, transferred or purported to assign or transfer to any person, corporation or other legal entity, either voluntarily or involuntarily, any claim, cause of action or right based on or arising out of or in connection with any matter, fact or thing as to which this Release is given, and that possession of the premises is returned to City free and clear of any debts, subleases, liens, or other encumbrances of any kind. Swerdlin hereby represents and warrants that he has not assigned or otherwise transferred to any person or entity any of the claims released hereunder, nor the lease or any claim of right to possession or title to the subject premises. 9. Swerdlin agrees to deliver to the San Juan Capistrano Community Redevelopment Agency, at the time payment is received pursuant to paragraph 1 of this Agreement, and to surrender to said Agency all claim to ownership or possession thereof, the following original documents, which shall be placed in the public files of such Agency and become public records. At the time of delivery, City shall provide to Swerdlin certified copies of each document, acknowledged by the City Clerk. (1) The original document entitled "GENERAL COMWRCIAL LEASE" described in the Complaint in the lawsuit referred to herein as Exhibit A, and all three (3) pages thereof, (2) The original document entitled "AMENDMENT TO LEASE" described in said Complaint as Exhibit B; and (3) Any other original document in the possession of Swerdlin, or in the possession of his attorney, establishing, modifying, amending, extending, subleasing, renting, or otherwise affecting the right of possession to the subject premises. 10. Each of the parties hereto further agrees and acknowledges that the facts in respect to which it has executed this Release and which it now knows or believes to be true may in fact be or may subsequently be discovered by it to have been different from the facts now known or believed by it to be true; and each party hereby accepts the risk and possibility that such may be the case and agrees that this Release shall not be subject to rescission, cancellation, avoidance or modification by reason of any difference in facts. 11. Each of the parties hereto expressly waives and relinquishes all of the rights and benefits which it might otherwise have or claim to have under the provisions of Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does 2 not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 12. Should any party hereto commence or maintain any action at law or in equity (including counterclaims or cross-complaints) against the other party hereto by reason of the breach or claimed breach of any term or provision of this Release, the prevailing party in said action shall be entitled to recover court costs, together with such sums as shall be fixed by the court in said action as and for its reasonable attorneys' fees incurred therein. 13. Each of the parties hereto agrees to promptly execute any other documents and to take any other action as may be reasonably necessary to carry out the terms of this Agreement and Release. 14. This Release shall be construed and interpreted under and according to the laws of the State of California. 15. This Release is and shall be binding upon and shall inure to the benefit of the predecessors,successors,subsidiaries,affiliates,representatives,assigns,directors,officers,agents, attorneys or employees of each of the parties, their heirs, attorneys and assigns. 16. Except as otherwise expressly set forth herein, nothing contained in this Release is intended to confer upon any person or entity, other than the parties hereto and their successors in interest, any rights or remedies under or by reason of this Release. 17. This Release constitutes the entire agreement between the parties with regard to the subject matter hereof, there being no oral, collateral or supplemental agreement concerning the subject matter hereof. This Release may not be altered, amended, modified or otherwise changed in any respect or particular, as to any party, except by a writing duly executed by each party affected thereby. 18. Each of the parties hereto acknowledges that this Release affects the settlement of disputed claims, and each of the parties hereto agrees and acknowledges that this Release shall not be construed as an admission of liability on the part of either party hereto, or as a concession by either party hereto that any of the contentions of any adverse party are true or meritorious. 19. This Release may be executed in two or more counterparts, each counterpart being executed by less than both of the parties hereto, and shall be equally effective as if a single original had been signed by all parties; but all such counterparts shall be deemed to constitute a single Release, and this Release shall not be or become effective unless and until each of the signature parties below shall have singed at least one such counterpart and caused the counterpart so executed to be delivered to counsel for the adverse party. 20. Each of the parties hereto represents and warrants to the other party hereto that the execution of this Release has been duly authorized by requisite corporate actions and that each of the persons executing this Release on behalf of the respective parties hereto is, likewise, duly authorized to do so. 3 21. In executing this Release, the parties hereto have acknowledged they have consulted with and had the advice and counsel of attorneys duly licensed to practice law in all the courts of the State of California and that they have executed this Release after independent investigation and without fraud, duress or undue influence. IN WITNESS WHEREOF, this Release is executed by the parties hereto as of the day and year first above written. r !� APPROV D AS TO FORM AND DAVID S RDLIN dba MISSION CON PORTRAIT PHOTOGRAPHY By: �40 - M RTIN ERAMO, ESQ. CITY OF SAN JUAN CAPISTRANO 4ta RBOROUGH SAN JUAN CAPISTRANO APPROVED AS TO FORM AND REDEVELOPMENT AGENCY CONTENT: 4EcuBy A OR H 4CHARDIK. DEN e / irector City Attorney (q1 I 4 AHENDIMT TO LEASE This amendment to lease is attached to and made part of that certain lease dated February 5, 1982 by and between Mission Mart Properties as Landlord and Dave Swerdlin dba 11ission Portrait Photography as tenant in connection with that property located at 31762 Camino Capistrano, San Juan Capistrano, California. 1. In consideration for Tenant performing marketing and photography services for Landlord, Landlord agrees to freeze Tenant ' s rent at x600.00 per month through the remaining term of the lease except as noted below: 2. Landlord agrees to extend Tenant's lease up through and Including October 31, 1997. Tenant' s rent shall remain at x600.00 per month for the extension period un to and in--1 u.li._n.- October 31, 1995 at which time the rent shall increase to 'x750.00 per month. 3. All terms and conditions shall remain in effect. In witness whereof, Lessor and Lessee have executed these presents, this July 9, 1987. MISSION MART PROPERTIES DAVE SWERDLIN dba Mission Portrait Photography x i GENERAL COMMERCIAL LEASE C THIS LEASE executed in duplicateat , SAN JUAN CAPISTRANO , California,this 5TH day of FEBRUARY 19 82 by and between h.ISSION PART PROPERTIES ( , � and DAVE SWERDLIN dbA PARTNERSHIP) a MISSION PORTRAIT PHOTOGRAPHY \\ 26172 VIA DE TOLEDO, SAN JUAN CAPISTRANO, CA. 92675 hereinafter called respectively lessor and lessee,without regard to number or gender, WITNESSETH. That lessor hereby leases to lessee, and lessee hires from lessor, for the purpose of conducting therein PORTRAIT PHOTOGRAPHY BUSINESS and for no other purpose, those certain premises with the appurtenances, situated in SAN JUAN CAPISTRANO, ORANGE COUNTY , State of California,and more particularly described as follows,to-wit: AS A PORTION OF LOT 24 OF TRACT NO. 103 RECORDED IN BOOK 11, PAGES 29 to 33 IN- CLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. FURTHER IDENTIFIED AS 31762 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO, CALIFORNIA. SPACE LEASE IS THE SOUTH PORTION OF ABOVE ADDRESS AS NOW DIVIDED. The term shall be for FIVE (5) YEARS years,commencing on the 1ST (FIRST) day of MARCH 9 82 and ending on the TWENTY EIGHTH (28TH()aY of FEBRUARY 19 87 at the total rentor sum of 1$ 46, 800.00 ) Dollars, lawful money of the United States of Americar which lessee agrees to pay to lessor,without deduction or onset, prior notice or demand, at such place or places as may be designated from time to time by lessor. in installments as follows. TO COMMENCE ON hARCH 1, 1982 AND TO END ON FEBRUARY 28, 1987 AT A MONTHLY RENTAL AS FOLLOWS: (A) $700.00 PER MONTH FOR THE FIRST YEAR (B) $700.00 PER MONTH FOR THE SECOND YEAR (C) $800.00 PER MONTH FOR THE THIRD YEAR (D) $850.00 PER MONTH FOR THE FOURTH YEAR (E) $850.00 PER MONTH FOR THE FIFTH YEAR LESSEE TO MAKE SECURITY DEPOSIT IN THE AMOUNT OF $2,000.00. THIS DEPOSIT WILL INCLUDE THE FIRST AND LAST MONTH'S RENT PROVIDED NO PROPERTY DAMAGE OR DE— FAULT IN RENT PAYMENTS. LESSEE MAY TERMINATE THE LEASE AT THE END OF EACH YEARLY PERIOD PROVIDED LESSOR IS NOTIFIED NINETY (90) DAYS PRIOR TO THE END OF EACH YEARLY PERIOD. LESSOR TO FURNISH ALL UTILITIES. LESSEE AGREES TO CONSERVE ENERGY IN ANY WAY POSSIBLE. LESSEE IS GIVEN EXCLUSIVE USE OF WINDOW SPACE OF HIS PORTION OF BUILDING FOR DISPLAY AND ADVERTISNG PURPOSES,INCLUDING FRONT AWNING IF KEPT IN OPERATION. Lessor acknowledges receipt from lessee of the sum of $ 2 000.00 , placed with lessor to secure the faithful performance by lessee of each and every covenant and condition herein required to be performed by lessee, including but not limited to, at lessor's options, lessees defaults in the payment of rent or other sums due herein, repair of damages to the premises caused by lessee, or cleaning of the premises upon termmahon of the premises. Lessor may use such funds and shall have no ota gation to credit lessee's account with any interest thereon It is further mutually agreed between the parties as follows. 1 If lessor, for any reason,cannot deliver possession of said premises to lessee at the commencement of said term,this lease shall not be void or voidable, nor shall lessor be liable to lessee for any loss or damage resulting therefrom: but there shall be a proportionate deduction of rent covering the period between the commencement of said term and the time when lessor can deliver possession. 2 Lessee shall not use.or permit said premises, or any part thereof,to be used, for any purpose or purposes other than the purpose or purposes for which said premises are hereby leased, and no use shall be made or permitted to be made of said premises, nor acts done, which will increase the existing rate of insurance upon the building in which said premises may be located, or cause a cancellation of any insurance policy covering said building, or any part thereof, nor shall lessee sell, or permit to be kept, used. or sold. m or about said premises, any article which may be prohibited by standard form of fire insurance policies. Lessee shall, at his sole cost, comply with any and all requirements, pertaining to the use of said premises, of any insurance organization or company, necessary for maintenance of reasonable fire and public liability insurancecovering said building and appurtenances WOI COI IS f ORM 973. REV 6-79 WOLCO!TS. INC . 1979 8 pt type or larger GENERAL COMMERCIAL LEASE 14.A In the event lessee breaches the lease and abandons the property before the end of the term or, if his right to possession is t / terminated by the lessor because of a breach of the lease,this lease shall thereupon terminate. Upon such termination, lessor may recover from lessee: (a)the worth at the time of award of judgment of the unpaid rent which had been earned at the time of termination,together with interest C thereon at the rate of nine (9%) percent per annum, and (b)the worth at the time of award of judgment by which the unpaid rent which would have been earned after termination until the time of judgment exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided,together with interest thereon at the rate of nine(9%)percent per annum,and (c)the worth at the time of award of judgment of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided discounted by the discount rale of Federal Reserve Bank of San Francisco at the time of award of judgment plus one (1%) percent; and (d)any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee's ` failure to perform his obligations under the lease or which In the ordinary course of things would be likely to result therefrom,together with costs of suit and reasonable attorney's fees. 14.B If default be made by lessee in payment of rent or in the observance, payment or performance of any of the other provisions,terms or conditions of this lease, or it any conduct of the lessee, his family, servants, employees, agents, invitees or licensees shall obstruct or interfere with the rights of other occupants, or annoy them by unreasonable noises or otherwise,or should they commit or perform any nuisance on the premises or commit or suffer any illegal or immoral act to be committed thereon,the lessor may,at its option,terminate this lease and,any holding over thereafter by lessee shall be construed to be a tenancy from month to month only, for the same rental rate and payable in the same manner as herein specified. 15. The voluntary or other surrender of this lease by lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of lessor,terminate all or any existing subleases or subtenancies or may,at the option of lessor,operate as an assignment to him of any or all of such subleases of subtenancies. 16. If lessor is made a party defendant to any litigation concerning this lease or the leased premises or the occupancy thereof by lessee, then lessee shall hold harmless lessor from all liability by reason of said litigation, including reasonable attorneys fees and expenses incurred by lessor in any such litigation,whether or not any such litigation is prosecuted to judgment. If lessor commences an action against lessee to enforce any of the terms hereof or because of the breach by lessee of any of the terms hereof, or for the recovery of any rent due hereunder, or for any unlawful detainer of said premises, lessee shall pay to lessor reasonable attorheys fees and expenses, and the right to such attorneys fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. It lessee breaches any term of this lease, lessor may employ an attorney or attorneys to protect lessor's rights hereunder,and in the event of such employment following any breach by lessee, lessee shall pay lessor reasonable attorneys tees and expenses incurred by lessor, whether or not an action is actually commenced against lessee by reason of said breach. 17. All notices to be given to lessee shall be given in writing personally or by depositing the same in the United States mail, postage prepaid, and addressed to lessee at said premises, whether or not lessee has departed from,abandoned or vacated the premises. All notices to be given to lessor shall be given in writing personally or by depositing the same in the United States mail, postage prepaid,and addressed to the lessor at the place designated by lessor for the payment of rent,or at such other place or places as may be designated from time to time by lessor. 18. It any security be given by lessee to secure the faithful performance of all or any of the covenants of this lease on the part of lessee, lessor may transfer and/or deliver the security,as such,to the purchaser of the reversion,in the event that the reversion be sold,and thereupon lessor shall be discharged from any further liability in reference thereto. Lessee hereby waives notice in the event of lessor's transfer of its interest in the leased premises. 19. The waiver by lessor of any breach of any term,covenant or condition herein contained shall not be deemed to be a waiver of such �1Q. term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. I Dollars a mgpthl 2rid %hR" othep-se be on the terms and copd Hops here p cpaM Prf, gn of°L applicable. 21 li2GAI-ATIQP1 CLAUSE; The lessee a9wes!hat shQUId 1hil @a&6d PF8Ffl 696 be laX9d 81 a highOF FaIll thall 1118 Falle$OF the ''OF858111'' !aA yew, 4h0A ;aid iAG;oa;e shall be paid by %hp I@;;@@ MoAlhiv ano shall bo plow4ed ovef !he 1welvis MoMh Re;od AG whiGh said laA 1 - 1 T a'Year+z.$-- 22. SUBORDINATION CLAUSE: This lease is subject and subordinate to all existing leases and to all mortgages and deeds of trust which may now or hereafter affect the real property of which the leased premises form a part, and to all renewals, modifications, replacements and extensions thereof. The lessee hereby agrees to execute any instruments for the benefit of the lessor as may be necessary to effectuate this provision of the lease. 23. TAKING BY EMINENT DOMAIN: In case the whole of the leased premises are taken by right of eminent domain or other authority of law during the period of this lease,or any extension thereof,this lease shall terminate. In case a part of the leased premises are taken by right of eminent domain or other authority of law, this lease may, at the election of the lessor, be terminated. If a part of the premises are taken by the right of eminent domain and the lessor does not elect to terminate the lease the rent herein stipulated shall be decreased proportionately according to the value of that part of the premises taken. If the entire premises are taken or if a part of the leased premises are taken and the lessor elects to terminate the lease,then all compensation paid for the taking shall belong to the lessor. 24. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. 25. Time is of the essence of this lease. IN WITNESS WHEREOF, lessor and lessee have executed these presents, the day and year first above written. FlI;SIUNtl r^T 1'FIDi FJRTIL`� DAVE SeERDLIN (Seal) (Seal) dba MISSION PORTRAIT PIiUTU(',RAPHN3tS . �-- (Seal) (Seel) (Seal) LESSOR LESSEE STORE LEASE G j THIS LEASE, executed in.duplicate at SAN JUAN CAPISTRANO California,this � IST day of MAY i9 87 , by and between MISSION MART PROPERTIES ( A PARTNERSHIP ) and DAVE SWERDLIN dba MISSION PORTRAIT PHOTOGRAPHY 26112 VIA DE TOLEDO, SAN JUAN CAPISTRANO, CA. 92675 hereinafter called respectively lessor and lessee, without regard to number or gender, WITNESSETH: That lessor hereby leases to lessee, and lessee hires from lessor, for the purpose of conducting therein PORTRAIT PHOTOGRAPHY BUSINESS and for no other purpose, those certain premises with the appurtenances, situated in SAN JUAN CAPISTRANO , State of California. and commonly described as A PORTION OF LOT 24 OF TRACT NO. 103 RECORDED IN BOOK LL, PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. FURTHER IDENTIFIED AS 31762 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO, CALIFORNIA. SPACE LEASE IS THE SOUTH PORTION OF ABOVE ADDRESS AS NOW DIVIDED The term shall be for THREE (3) YEARS years,commencing on the 1ST day of MAY 1987 ,and ending on the 30TH day of APRIL 19 90 ,at the total rent or sum of (E , ) Dollars, lawful money of the United States of America,which lessee agrees to pay to lessor,without deduction or offset,prior notice or demand,at such place or places as may be designated from time to time by lessor, In installments as follows: (A) $600.00 PER MONTH FOR THE FIRST YEAR (B) $700.00 PER MONTH FOR THE SECOND YEAR (C) $800.00 PER MONTH FOR THE THRID YEAR LESSEE MAY TERMINATE THE LEASE AT THE END OF EACH YEARLY PERIOD PRO— VIDED LESSOR IS NOTIFIED NINETY (90) DAYS PRIOR TO THE END OF EACH YEARLY PERIOD. LESSEE IS GIVEN EXCLUSIVE USE OF WINDOW SPACE OF HIS PORTION OF BUILDING FOR DISPLAY AND ADVERTISING PURPOSES. It is further mutually agreed between the parties as lollows: 1. Lessee promises to pay rent in the amount and manner herein specified. Utility charges,including light,water and fuel shall be borne by LESSOR (LESSEE AGREES TO CONSERVE ENERGY IN ANY WAY POSSIBLE) 2. Lessee agrees not to commit, nor to suffer to be committed,the following: (a)any waste upon said premises,(b)any nuisance,(c)any other act which may disturb the quiet enjoyment of any other tenant In the building wherein the demised premises are located, (d)any action whicb will Increase the existing rate of insurance upon the building,or cause a cancellation of any Insurance policy covering said building,or any part thereof. (e) Any alterations on said premises without the written consent of lessor, and any additions to said premises, except removable furniture and trade fixtures, shall at once become part of the realty and belong to lessor, 3. Lessee shall, at his sole costs, keep and maintain In good repair the premises and appurtenances, including sidewalks.. 4. Lessee shall not assign this lease or any Interest therein, nor shall he sublet said premises or any part thereof, nor suffer any person not his agent or servant to occupy or use said premises without first obtaining written consent at lessor. WOLCOTtS FORM 990-111 5 19 9 w0LCOrTS.INC..1919 This standard him Owl Most usual prepuce,In Me Heid indlcitedeeter,you sign,tell O,IW In 0 Weeks,and Mks,lunges SIOPE LEASE woos,to Fe,Iransatlun.Consuo a lany.,11 you doubt the tare's Wn.ss for Yom purpou. Exhibit "C" San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, California TENANT ESTOPPEL CERTIFICATE Gentlemen: !��%/s'siGiy /�/t0��ai4�r�'/,� /f�/.'!�/O Sxrrir��✓u( "Tenant" ) , certifies as follows: 1. Robert Patrick and Carolyn Patrick ( "Patrick" ) , as sublessor, and Tenant, as sublessee, entered into a written sublease dated ��[P (hereinafter referred to as the "Sublease" ) , pursuant to which Patrick subleased to Tenant premises located in the City of San Juan Capistrano, County of Orange, State of California, commonly known as 3i7G4G�+ni�voC.�,>i ��vi� (hereinafter referred to as the 'Premises" ) . ' 2 . The Sublease has not been modified, changed, altered, or amended in any respect (except as indicated following this sentence) , and is the only sublease between the undersigned, as sublessor, and Patrick affecting the Premises. AVT" 114/& ir,4Atc- 3 . The Sublease is in full force and effect; the undersigned has accepted the Premises and presently occupies same, and is paying rent on a current basis. Patrick, as lessor, has no setoffs, claims, or defenses to the enforcement of said Lease. 4. As of the date of this Certificate, the undersigned is not in default in the performance of the Sublease, and has not committed any breach of the Sublease, and no Notice of Default has been given to the undersigned. 5. As of the date of this Certificate, Patrick is not in default in the performance of the terms and conditions of the Sublease and has not committed any breach of the Sublease. 6. No rent has been paid by Tenant in advance under the Sublease except for $ 1�l oU and the monthly rent that became due on 7. Tenant has no claim against Patrick for any security deposit or prepaid rent except as provided in item 6 of this Estoppel Certificate. 8. This certification is made by the undersigned knowing that San Juan Capistrano Community Redevelopment Agency, a public corporte politic, relies upon the truth of this certificate in agreeing to accept an assignment of Patrick' s interest as sublessee under the sublease. Dated: Z iSsi .c OT By: Its: Owv C-2 3655x/2299/17 BOARD ACTIONS 1. RECEIVE AND FILE WARRANTS FOR OCTOBER 1993 (300 30) It was moved by Director Hausdorfer, seconded by Director Jones, and unanimously carried that the List of Demands dated September 30, 1993, in the total amount of$10,891.00, an4,the List of Demands dated October 22, 1993, in the total amount of$163,862.68 be received and fried. 2. PROPOSED AMENDMENT TO SEASIDE RANCHOS II OWNER PARTICIPATION AGREEMENT (DOLLEY) (600.40) Written Communication: Report dated November 2, 1993,from the Executive Director, recommending that the Seaside Ranchos II Owner Participation Agreement be amended adjusting'tf[e Schedule of Performance to accommodate delays in acquiring the property,gas tank leakage remediation, and inability to secure an anchor tenant. Julia Kimminau, Management Assistant, made ati oral presentation. Adoption of Resolution Anproving Firs{Amendment to Seaside Ranchos II Owner Particivation Agreement: It was moved by Director Hausdorfer/, seconded by Director Campbell, that the following Resolution be adopted: RESOLUTIONNO. �A9 -11-2-1 APPROVAL OF AMENDMENT TO OWNER PARTICIPATION AGREEMENT SEASIDE RANCHOS) -A RESOLUTION OF THE SAN JUANICAPISTPANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING 'AN AMENDMENT TO THE OWNER PARTICIPATION AGREEME;T BY AND BETWEEN THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND SEASIDE RANCHOS The motion cariied by the following vote: AYES: Directors Campbell, Hausdorfer,Jones, Vasquez, and Chairperson Nash i NOES: None i ABSENT: None CLOSE'b SESSION —T The/Board recessed to the Council meeting at 8:00 p.m. and reconvened in Closed Session at 9:10 p.m. for scussion of litigation per Government Code Section 54956.9(a) (Swerdlin v. CRA), the Agency Secretary being excused therefrom, and reconvened at 9:40 p.m. ACTION FOLLOWING CLOSED SESSION 1. PROPOSED SETTLEMENT AGREEMENT - MISSION PHOTOGRAPHY LEASE LITIGATION (SWERDLIN) (600.40) -I- It It was moved by Director Hausdorfer, seconded by Chairman Nash, and unanimously carried [hat the Executive Director be authorized to sign the Release and Termination of Tenancy Agreement, settling Swerdlin v. CRA and terminating the tenancy of David Swerdlin and Mission Photography on CRA premises. CRA Minutes -3- 11/2/93 July 11 , 1992 The Honorable Mayor Gil Jones City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca . 92675 Dear Mayor Jones : Mr. David Bentz sent me a copy of a letter of his response to my insurance company' s claim for rain damages to certain of my properties . A copy of my letter to my insurance company in response to Mr . Bentz 's letter is enclosed for your information. The reason for my doing so is to point out that as Property Manager for the Community Redevelopment Agency, Mr. Bentz is again assuming authority and responsibility for making legal judgements and interpretations which are beyond the realm of his expertise. He did so in my 1991 attempt to sublet my lease to Mr . William Ortega, and in my 1991 attempt to assign my lease to Mr. and Mrs . Boehm, and he certainly did so when I requested that he make repairs to my roof , etc . In each of these events he would make legal interpretations contrary to all established legal precedence. Mr . Bentz legal profundities ranged from denying that it was the city's responsibility to fix my roof to saying that I had no right to sublet or to assign my lease . In every instance, when I pushed him with legal action, he would eventually agree. In each of my dealings with Mr . Bentz , save one (when he was very helpful in getting insurance to cover Rancho Days , 1991) , he has sought to obstruct my rights , causing substantial delays that resulted in lost business and lost business opportunities for me . As to the conflict with the CRA over my lease, Mr . Bentz has rendered an absurd interpretation of the Estoppel Agreement one day after the CRA took action to sell this property in April of this year, conveniently attempting to increase the value of the property to the City at my expense. This being done though approximately nine months earlier he had given to me in writing the City' s agreement to assign my lease to the Boehms . Mr. Bentz ' s actions smack of an abuse under color of authority . Mayor Jones , that the CRA' s attorney overlooked the fact that my / lease was not included as part of the package when the CRA _7.�UI 9� purchased the master lease from Robert Patrick ' s corporation, and instead included an unsigned lease document with Mission Portrait X,�LU75 Photography' s name typed in, in no way negates my lease. I feel that I am being attacked to cover another parties' mistake. And sadly as I have had no reply from Mr. Julian pertaining to our A.e.m. June 15, 1992 meeting on these issues , (though Mr. Julian promised to do so by June 22 , 1992 ) , I am sure that you can understand my growing frustration in trying to work with the City' s Mr . Bentz . AL L 1 6 1992 - 2 - Mayor Jones , as I have learned from Cassandra Walker at Friday ' s Downtown Merchants meeting that the "E1 Peon" block of buildings will not be put on the market as scheduled, but delayed until economic conditions improve , I am left in a legal "limbo" for an undetermined time . As there is an opportunity to again assign my lease, these delays by the city are causing me economic and mental distress , ( as well as the other merchants who have no idea how to plan for the future) . I would like to propose that the City/CRA either purchase my lease, or to allow me to assign my lease. This would allow the city and myself to get on with productive efforts instead of allowing the city to waste taxpayers ' monies on lawyers in a losing effort . Please do not interpret my frustration with this issue as an attack on you or on Mr. Julian. I do know you to be above all fair and honest , and that is why I hope you can find a way to resolve this without resort to litigation. As time is of the essence, I hope to hear from you by the end of the week. very respectfully, l `-� /-Is,.I�rdlin avid M. Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, Ca. 92675 714/493-0526 July 11 , 1992 Ms . Frances Vossler American States Insurance 3330 Harbor Boulevard Costa Mesa, Ca. 92626 Dear Mrs . Vossler: On July 10 , 1992 I received a copy of the July 9 letter Mr. David Bentz , Finance Officer of the City of San Juan Capistrano sent to you regarding the claim for damages . (Please note that Mr . Bentz is also Property Manager of my building for the city' s Community Redevelopment Agency. ) Mr . Bentz has a habit of making pseudo-legal interpretations pertaining to my lease that have always been found wanting when a dispute exists between Mr. Bentz and myself . While Mr. Bentz may be an excellent financial officer, he is not a lawyer . Paragraphs 7 and 16 of my lease can in no way be interpreted to support Mr. Bentz 's contention that the City is not responsible for rain damage due to their negligence in maintaining a sound roof for my business . A copy of my lease terms is enclosed for your attorney's review. Dee Walker is in receipt of letters asking that my roof be repaired before the rainy season, and has photographs I took of my shop during the rains . Should you need anything else to assist you in this claim, please let me know. I ask you to make every effort to recover my deductible, and as soon as possible. Sincerely yours , r / David M. Swerdlin Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, Ca. 92675 714/493-0526 cc : David P. Bentz man Juan Capistrano City Council tlf t \ fiPl.iiPA\(1 i — z _ =M1m1 maM Mwxmni San Juan Capistrano Community Redevelopment Agency July 9, 1992 Mrs. Frances Vossler American States Insurance 3330 Harbor Boulevard Costa Mesa, California 92626 Dear Mrs. Vossler: Your request for recovery of a claim from your insured (Mission Photography) in the amount of $1,083.84 is denied. The City does not own this property, it is owned by the San Juan Capistrano Community Redevelopment Agency. The Redevelopment Agency's lease (paragraphs 7 and 16) with Mission Photography states that Leasee waives all claims against Lessor for damages to goods, wares and merchandise, and holds Lessor harmless to any litigation concerning the lease. Any future correspondence should be directed to our attorney, Mr. Tom Clark, Stradling, Yocca, Carlson and Rauth, 660 Newport Center Drive, Suite 1600, Newport Beach, California 92660-6441. Yours truly, � �� DP. Ben avid Ptz Finance Officer DPB:ja cc: Martin P. Eramo, Esq. - David M. Swerdlin Tom Clark, Stradling, Yocca, Carlson & Rauth Cassandra Walker Stephen B. Julian George Scarborough 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 IMAGING SYSTEMS 23011 Moulton Parkway, Suite#E-8 Laguna Hills, California 92653 (714) 472-2777 �{`� LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 32400 Paseo Adelanto l , San Juan Capistrano, Cali OM14 92675 ATTN: i leton A. POLICY INFORMATION Endorsement # 1. Insurance Company L1 Policy Number Cl0 g3'��U(Q-7 2. Policy Term (From) To) Endorsement Effective Date 3. Named Insured 4. Address of Named Insured 5. Limit of Liability Any One Occurrence Aggregate 5on�nom.no L�nOD�Dnn ,00 General Liability Aggregate (check one:) Applies "per locationlproject' Is twice the occurrence limit 6. Deductible or Self-Insured Retention (Nil unless otherwise specified): $ 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims-made" form CG0002 8. Bodily Injury and Property Damage Coverage is: "claims-made" "occurrence" If claims-made, the retroactive date is B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) San Juan Capistrano Community Redevelopment Agenp November 6, 1990 Mr. Dave Swerdlin dba Mission Portrait Photography 26172 Via De Toledo San Juan Capistrano, CA 92675 Re: Renewal of General Liabill ty Certificate of Insurance 31762 Camino Capistrano Dear Mr. Swerdlin: The General Liability Certificate of Insurance, regarding the above-referenced property, expired on March 20, 1990. In accordance with your lease agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as well as the Community Redevelopment Agency as additional insureds. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's Office, by November 21, 1990. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, i Dawn M. Schanderl Records Coordinator cc: Cheryl Johnson, City Clerk Cassandra Walker, Community Development Manager Mary Laub, Management Assistant 11 92400 Paseo Adelanto San Juan Capistrano California 92675 714-499-1171 _ittv nF ray net c ansm.W • + .rvtl CITY nt ren n.m cenrrneno i San Juan Capistrano Community Redevelopment Agency February 25, 1992 Mr. David Swerdlin Mission Portrait Photography 26177 Via de Toledo San Juan Capistrano, CA 92675 Re: Renewal of General Liability Certificate of Insurance (31762 Camino Capistrano) Dear Mr. Swerdlin: The General Liability Certificate of Insurance, regarding the above-referenced property, is due to expire on March 20, 1992. In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the City of San Juan Capistrano as well as the Community Redevelopment Agency as additional insureds. Please forward an updated certificate and the endorsement form to the City, attention City Clerk's Office, before the above expiration date. If you have any questions, please contact me at (714) 493-1171 extension 243. Thank you for your cooperation. Very truly yours, �Olt�•Q�C,fGi%:fie Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Mary Laub, Management Assistant II 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 JINSURCAN STATES AMERICAN ECONOMY INSURANCE CO?*Y nwa LINCOLN NATIONAL CORPORATION INDIANAPOLIS, INDIANA NOTICE OF NONRENEWAL A SEA COAST INS AGENCY, INC POLICY NUMBER 02—BO-211382-5 E SUITE 202 N 34197 PACIFIC COAST HWY T DANA POINT, CA 92629 04-72880 (714) 489-1574 SAN JUAN CAPISTRANO REDEVELOPEMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 IIIII�IIIIII��ILILILIIILLIII��IILItILI�111111�IL11 THE POLICY WILL BE NONRENEWED AND ALL LIABILITY CEASE ON-,03-20-93 AT THE HOUR ON WHICH SAID POLICY BECAME EFFECTIVE. NO FURTHER NOTICE WILL BE SENT. (Specific information concerning the cancellation or nonrenewal has been given to the insured.) THIS NONRENEWAL NOTICE SUPERSEDES ANY PRIOR NOTICE YOU MAY HAVE RECEIVED REGARDING THE TERMINATION OF COVERAGE UNDER THIS POLICY. DAVID SWERDLIN DBA: MISSION LOAN N0./MESSAGE: NN A S PHOTOGRAPHY A S M U 31762 CAMINO CAPISTRANO E R SAN JUAN CAPISTRANO, CA 92675 D E D 9-465 (04-84) LOS ANGELES 12 (92007) OTHER INTEREST COPY VS #012016114-6 01-12-93 L-OC-I2-PRINT001-0127-0001-W SanJuan Capistrano MCI) � Community Redevelopment Agency March 10, 1993 Mr. David Swerdlin Mission Portrait Photography 2617"ia de Toledo San Juan Capistrano, CA 92675 Re: Renewal of General Liability Certificate of Insurance (Lease of Building Located at 31762 Camino Capistrano) Dear Mr. Swerdlin: The General Liability Certificate of Insurance, regarding the above-referenced property, is due to expire on March 20, 1993 . In accordance with your agreement, the insurance certificate needs to be renewed for an additional period of one year. The agreement requires a general liability endorsement form naming the San Juan Capistrano Redevelopment Agency as an additional insured. I have included one of the City approved endorsement forms to submit to your insurance company; however, your insurance company may provide their own endorsement form. Please forward the updated certificate and the endorsement form to the City, attention City Clerk's office, by March 25, 1993 . If you have any questions, please contact me at (714) 493-1171 extension 243 . Thank you for your cooperation. Very truly yours, yo Dawn M. Schanderl Deputy City Clerk Enclosure cc: Cheryl Johnson, City Clerk Cynthia Pendleton, Director of Administrative Services Mary Laub, Management Assistant 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 CITY ( R31A,\Mn� . • S 6f �o F 1 OF t\Y II 11 1aPI4ipA10< San Juan Capistrano Community Redevelopment Agency June 8, 1993 David Swerdlin Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, California 92675 Re: Insurance Endorsements Dear Dave, Thank you for submission of the current general liability insurance certificate. As in the past, it is necessary that a policy endorsement also be submitted naming the Agency as additional insured. Please contact your agent regarding this requirement. In the past your insurance agency has submitted their own endorsement form; I'm attaching the City's blank form to this letter should you decide to use it instead. Sincerely, p 1 C thia L. Pendleton Finance Officer CLP/ML:ja Enclosure / cc: Dawn Schanderl'" Richard Denhalter Mary Laub 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 THIS ENDORONT CHANGES THE POLICY. PLEASE READ &REFULLY. ADDITIONAL INSURED-MANAGERS OR BP 04 02 01 87 LESSORS OF PREMISES BUSINESSOWNERS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE" Designation of Premises (Part Leased to You): 31762 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO Name of Person or Organization (Additional Insured): SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY Additional Premium: INCL. A. The following is added to Paragraph C. WHO IS AN This insurance does not apply to: INSURED in the Businessowners Liability Coverage 1. Any "occurrence" that takes place after you Form: cease to be a tenant in the premises described in 4. The person or organization shown in the the Schedule. Schedule is also an insured, but only with respect 2. Structural alterations, new construction or to liability arising out of the ownership, demolition operations performed by or for the maintenance or use of that part of the premises person or organization designated in the leased to you and shown in the Schedule. Schedule. S. The following exclusions are added: 'Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. Copyright, Insurance Services Office, Inc., 1984, 1985 Page 1 of 1 PAGE 2 POLICY-DECLARATIONS EXTENSION• NAMED INSURED: DAVID SWERDLIN DBA: MISSION POLICY NUMBER: 02-BO-211382-4 PREMISES 1 SAME AS INSURED'S MAILING CONSTRUCTION: FRAME BUILDING 1 ADDRESS OCCUPANCY: PHOTOGRAPHER APPLICABLE TO THESE PREMISES LIMITS OF INSURANCE EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF $ 250 APPLIES BUSINESS PERSONAL PROPERTY $ 18,000 BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) ACTUAL LOSS SUSTAINED DEDUCTIBLE: NONE FIRE LEGAL LIABILITY (ANY ONE FIRE OR EXPLOSION) $ 50,000 DEDUCTIBLE: NONE MONEY AND SECURITIES (DEDUCTIBLE: $ 250) : INSIDE THE PREMISES $ 10,000 OUTSIDE THE PREMISES $ 2,000 APPLICABLE TO ALL PREMISES YOU OWN, RENT OR OCCUPY LIMITS OF INSURANCE BUSINESS LIABILITY: LIABILITY AND MEDICAL EXPENSES $ 500,000 MEDICAL EXPENSES (ANY ONE PERSON) $ 5,000 AGGREGATE LIMITS: PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 500,000 ALL OTHER INJURY OR DAMAGE (ALL OCCURRENCES) $ 1,000,000 HIRED AUTO AND NON-OWNED AUTO LIABILITY SEE BUSINESS LIABILITY TERM PREMIUM $ 568.00 CALIFORNIA SURCHARGE $ 3.00 TOTAL TERM PREMIUM $ 571.00 -BP 01-88) LOS ANGELES 12 (D-385) INSURED COPY PREPARED 01-31-91 AMERICAN ECONOMY INSURANCE COMPANY ��C^,/ �� PAGE 1 FOFINDIVIDUAL INDIANAPOLIS, INDIANA OPECIAL BUSINESSOWNERS POLICY VID SWERDLIN DBA: MISSION RENEWAL DECLARATIONS OTOGRAPHY 1762 CAMINO CAPISTRANO POLICY NUMBER 02-BO-211382-4 AN JUAN CAPISTRANO, CA 92675 RENEWAL OF 02-BO-211382-3 oa-ae AGENT SEA COAST INS AGENCY, INC NAME 34197 PACIFIC COAST HWY ANDSUITE 202 OM 03-20-91 TD 03-20-92 12:01 AM ADDRESSANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. DANA POINT, CA 92629 04-72880 (714) 489-1574 NDIVIDUAL TOTAL ANNUAL PREMIUM: $ 571 . 00 THE AMOUNT DUE WILL BE BILLED UNDER VARI-BILL ACCOUNT # 012016114 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ADDITIONAL INSURED SAN JUAN CAPISTRANO PREMISES 001 REDEVELOPEMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY: BP0006(0187) BOP LIABILITY COVERAGE FORM BP0009(0187) BOP COMMON POLICY CONDITIONS ILO270(0388) CA CHANGES - CANCEL & NONRENEW BP0002(0187) BOP SPECIAL PROPERTY COV FORM BP7001(0487) BUSINESSOWNERS COV EXTENSION BP0402(0187) ADDL INS-MANAGE-LESSOR OF PREM BP0404(0187) HIRED & NON-OWNED AUTO LIAB --n rn c nt2 Z rn COUNTERSIGNATURE E) ( UTNOT MILLU hLFMLSLIVE) -BP(11-88) COMPANY USE ONLY OS ANGELES 12 (D385) INSURED COPY PREPARED 01-31-91 A04019,9. CERTIFICA*OF INSURANCE PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SEA COAST,INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 34197 PCH #202 POLICIES BELOW. DANA POINT, CA 92629 COMPANIES AFFORDING COVERAGE COMPANY LETTER A AMERICAN STATES COMPANY B INSURED LETTER s DAV1ll SWERLIN LETTERCOMPANY C LETTER DBA: MISSION PHOTOGRAPHY 31762 CAMINO CAPISTRANO COMPANY D LETTER SAN JUAN CAPISTRANO, CA 92675 -�.,,–,I,r. COMPANlJll LETTER E COVERAGES ?� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO,r,4a POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESF50T 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1 ,000,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 500,000. CLAIMS MADE XX OCCUR. 02-BO-211382-3 3-20-91 3-20-92 PERSONAL&ADV. INJURY $ 5500,000, A OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000. FIRE DAMAGE(Any one fire) $ 50,000. MED.EXPENSE(Any one person) $ 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE $ 500,000. ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS SAME SAME SAME BODILY INJURY IS X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PHOTOGRAPHY CERTIFICATE,149LDER1 ' - - - --."-#r"k"" --133 1W�',ADD'L INSURED: SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESgRIBED POLICIES BE CANCELLED BEFORE THE REDEVELOPEMENT AGENCY EXPIRATION DATE THEREOF, THE\ ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAIt30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 92675 LIABILITY OF NY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: DAWN N. SCHANDERL Aur R REPRE VE ACORD 254 740 - � . - - � *AOORD CORPORATION t ��w,�( / � loo©. Ll{ ) ACHORD. TIFICr OF U M SSUE DATE(MMIDDIVV) VM • 3-11-92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SEA COAST INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 34197 PCH 11202 POLICIES BELOW. DANA POINT, CA 92629 COMPANIES AFFORDING COVERAGE COMPANY A AMERIACN STATES LETTER COMPANY B A INSURED LETTER DAVID SWERLIN " COMPANY 2�m� /'I$ DBA: MISSION PHOTOGRAPHY LETTER C C 31762 CAMINO CAPISTRANO Y vc�4 OMPAN —�5 f G SAN JUAN CAPISTRANO, CA 92675 LETTER D $JF w =ny Iv v �q r- COMPANY E ZZ_4—� Z LETTER � C.OYERA69.E - 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIVV) DATE(MM/DO/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1 ,000,000, X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. Is 500,000. CLAIMS MADE X OCCUR. PERSONAL 8 ADV. INJURY $ 500,000. A OWNER'S B CONTRACTOR'S PROT, 02—BO-211382-3 3-20-92 3-20-93 EACH OCCURRENCE 35500,000, FIRE DAMAGE(Any one fire) $ 50,000, MED.EXPENSE(Any one person) $ 5,000. AUTOMOBILE LIABILITY LIMIT SINGLE $ 5500,000• ANY AUTO ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) $ HIRED AUTOS SAME SAME SAME BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PHOTOGRAPHY CEOMPICATIR"OLDER ClINCE JkTJCM' ADD'L INSURED: SAN JUAN CAPISTRANO SHOULD ANY OF THE AB E DESCRIBED POLICIES BE CANCELLED BEFORE THE REDEVELOPEMENT AGENCY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 92675 LIABILITY OF AN KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: DAWN N. SCHANDERL AUTHo IZED /�fE^SE\NT ACORD 2"(7180) WA RD CORPORATIOF!1890 A04111,111. CERTIFICAT[bOF INSURANCE OCO 1-92 ISSUE DATE` Y' ---�'� 3-1 1-9 2 PRODUCER THIS CERTIFICATE ISISSUED A A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SEA COAST INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 34 197 PCH #202 POLICIES BELOW. DANA POINT, CA 92629 COMPANIES AFFORDING COVERAGE COMPANY A AMERIACN STATES LETTER COMPANY B INSURED LETTER DAVID SWERLIN COMPANY DBA: MISSION PHOTOGRAPHY LETTER C 31762 CAMINO CAPISTRANO COMPANY SAN JUAN CAPISTRANO, CA 92675 LETTER D COMPANY E LETTER COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE:POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE .$ 1 ,000,000. X:COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO. $ 500 000. CLAIMS MADE X•OCCUR.' PERSONAL&ADV.INJURY $ 5500e 000, ._.. .. .,. .. A 'OWNER'S&CONTRACTOR'S PROT: 02-BO-211382-3 3-20-92 3-20-93 EACH OCCURRENCE 5500,000• FIRE DAMAGE(Any one fire) $ 50,000. MED.EXPENSE(Any one person) $ 5,000. AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT 500,000 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $ X HIRED AUTOS SAME SAME SAME BODILY INJURY $ X NON OWNED AUTOS " (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT - $ AND .. .... . . _... DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY I DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PHOTOGRAPHY CERTIFICATE HOLDER CANCELLATION \DNY NON-PAY ADD'L INSURED: SAN JUAN CAPISTRANO SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE REDEVELOPEMENT AGENCY EXPIRATION DATE T , THE ISSUING COMPANY WILL ENDEAVOR TO 32400 PASEO ADELANTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 92675 LIABILITY OF AI KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: DAWN N. SCHANDERL AUTHo IZED ESENT ACORD 25-S (7/90) CA ORD CORPORATION 1990 San Juan Capistrano Community Redevelopment A,ene\ May 21, 1993 David Swerdlin Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, California 92675 Re: Lease Insurance Requirements: 31762 Camino Capistrano Dear Mr. Swerdlin: The purpose of this letter is to notify you that the lease agreement between Mission Portrait Photography and the San Juan Capistrano Redevelopment Agency is in default as a result of your non-compliance with the general liability insurance requirements specified by the lease. Notification of cancellation was sent to you on January 19, 1993 by your insurance agent with an effective date of March 20, 1993: the Agency received a copy of this notice. On March 10, 1993 a letter was sent to you from the City Clerk's office reminding you that cancellation was to be effective March 20, 1993 and requesting an updated insurance certificate and endorsement. No response has been received to date from you regarding this situation. At this time a default on the lease has existed for sixty (60) days. It is imperative that this situation be rectified immediately. Please submit the required insurance certificate and endorsement no later than May 28, 1993 at 5:00 p.m. If the Agency is not in receipt of these required documents by the time specified the Agency will proceed legally to achieve compliance with lease terms. Sincerely, Cy hia L. Pendleton Finance Officer CLP : L 'a cc: awn Schanderl 32400 Paseo Adelanto San Juan Capistrano California 92675 714 -493-1171 CERTIFICATE OF INSURANCE . This certifies that XTATE FARM AND CASUALTY COMPANY, Bloomington. Illinas tl.J IQ ' • ❑STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois O insures the following policyhokler for the coverages indicated below: Name of policyholder DAVID SWERDLIN, DBA MISSION PORTRAIT PHOTOGRAPHY & MISSION PHOTOGRAPHY Address of policyholder 31762 CAMINO CAPISTRANO, SAN JUAN CAPISTRANO, CA. 92675-2654 Location of operations *SAME* POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date Expiration Dab prehensive 90-93-1246-7 F 3/20/93 3/20/94 BODILY INJURY General . ... . ------------------------_----------- ------------.....----'-�'------------ ------------------...---�-....------------------- Dual Limits for: ❑ Manufacturers and Each Occurrence $ ----------------------------------------- Contractors uabifitY...... ....----' ------------ Aggregate $ ❑ Owners, Landlords' PROPERTY DAMAGE and Tenants......11tY ................--'-'--------------- ---------------------'-------- ------ --------------------------------------------..... Eedt Occurrence $ This insurance includes: ❑ Products-Completed Operations Aggregate' ❑ Owners or Contractors Protective Liability DILY INJURY AND El Contractual Liability PROPERTY DAMAGE ❑ Professional Errors and Omissions ❑ Combined single Limit for. ❑ Broad Form Property Damage Each Occurrence ❑ Broad Form Comprehensive General Liability Aggregate POLICY PERIOD CONTRACTUAL LIABILITY LIMITS(if different from above) POLICY NUMBER TYPE OF INSURANCE ENecdve Dab Expiration Date BODILY INJURY Each Occurrence PROPERTY DAMAGE Each occurrence 500000 Aggregate 1,000000 EXCESS LIABILITY BODILY INJURY AND PROPERTY DAMAGE (Combined Single Unlit) ❑ Umbrella Each Occurrence $ ❑ Otixer Aggregate $ Part 1 STATUTORY UJ rkers' Compensation Part 2 BODILY INJURY i ) C& Employers Liability Each Accident $ Disease Each Employee $ Disease-Poky Lima $ 'AgWWMM appy YOx w,RWWM1,N T�Wb yYVYYI adOr �Y�IYI�tlYI�,M.'NrMK11pl�a bniYP� 'S NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS,OR 1 BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holler SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AGENT 32400 PASEO ADELANTO MARCH 17, 1993 SAN JUAN CAPISTRANO, CA. 92675-3603 a. AQW.�St ep q A0 Wr.N1 R MUS. . Jan Juan Capistrano Community Redevelopment Agency June 8, 1993 David 5werdlin Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, California 92675 Re: Insurance Endorsements Dear Dave, Thank you for submission of the current general liability insurance certiflcate. As In the past, it is necessary that a policy endorsement also be submitted naming the Agency as additional insured. Please contact your agent regarding this requirement. In the past your insurance agency has submitted their own endorsement form; Ton attaching the City's blank form to this letter should you decide to use it instead. Sincerely, C thia L. Pendleton Finance officer CLP/MLtj a Enclosure cct Dawn Schanderl Richard Denhalter Mary Laub 324M Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAKSCRANO COMMUNrrY REDEVELOPMENT AGENCY 32400 Paseo Addanto San Juan Caplatrano, Call o� 92175 A'IIWm laotw/4f�uA Y/Yl �Ir`Avt �}Ei1.8�93 10:13 MIKE MILLER '''7n-E FRRM 031-9611 P.01 AStalteTam dells Liefeltisurance. MICHAEL R. MILLER Auto-Lile-Nealth-NoWe had Av Ines¢ 31882 CAMINO CAPISTRANO S J CAPISTRANO, CA 92675 PHONE (714) 493-3888 PAX 014) 831-9811 June 18, 1893 ••• FAX TRANSMITTAL SHEET •'• DAT8:06/18/93 TG:CYNTHIA L. PENDLETON L COMPANY,SAH JUAN CAPISTRANO i COMMUNITY REDEVELOPMENT AG3HCY o rn FROKLMICHELE THONPSON-STATI FARM a v a ay."'� � m Z RS:DAVID SNERDLIN DBA MISSION PORTRAIT PHOTOORAPKY �p FAX 0:714-493-1055 TOTAL OF 4_PAOSS INCLUDING COYER LETTER MEBBACE:HERE 18 THE INFORMATION YOU REQUESTED FROM DAVID. I'VE SEEN TOLD THAT THERE SAYE BEEN PROBLEMS IN THE PAST WITH YOU RECEIVING THIS, THEREFORE I WILL ALSO SEND THIS VIA REGISTERED NAIL. IF THERE ARE ANY PROBLSSS PLEASE CALL ME. except with respect to the Company's LImIt of liability. ' !. PROVISIONS 1ING TML' INSURMS OUTIES�R ACCIDENT OR LOSS. kny failure to comply with reporting provisions of the policy shall not affect coverage provided to the City and the C-;—,. ,wnity P_edevelopment Agency, Its elected or appointed officers, officials, employees or volunteers. b. CANCELLATION NOTICE. The Insurance afforded by this policy shall not be suspended, volded, cancelled, reduced In coverage or In limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown In the heading of this endorsement. C. INCIDENT AND CrLAI1llMORTING PROCEDURE Incidents and claims are to be reported to the Insurer at•. ATTNse ,�`��- Cf- IT t epartment c�Afh' �.df� ^7`-/tJ;SrJ!f�lt/r'li (Company) .,- 5 165-18 treat Address tty tae lZ pede iT•e x D. SLGNATM OF,Q+JSMIR 09 AUTHORIZED REPRISIMMATIYB OF THE INSURER L./J//y1/AfZ �ILGi print/type name)y warrant that I have authority to bind the below listed Insurance company and by my signature h1jrqon do so bird this company- SIGNATURB OF AUTHORIZZO R 1�'PIPir (orialnal %Lgnature required on endorsement furnished to the Clty Qaf'AVIZAT10% TITLES _ d 6", n=SSt l TBLMH2Ez in �vA+'► cwt'; 9�rx, ••• • •4l VI � A. POLICY INFORMA* Endorsement 1; 1. Insurance Company ; Policy Number 9d -Q -/a� .. —7 2. Policy Term (From) To Endorsement Effective ate 3. Named insured riftht 4. Address of Name insured A 0 3. Limit of Liability Any One ccurrence ggrega a �rao}arK� General Liability Aggregate (check one-)LL Applies"per location/project" Is twice the occurrence limit S. Deductible or Self-Insurad Retention(Nil unless otherwise specified): $ 7. Coverage Is equivalent tot 0-3m Comprehensive General Liability form GL0002 (Ed 1/73) Commercial General Liability "claims-made" form CG0002 w ti' g ;?,'Skodity Injury and Property Damage Coverage is- o C=, "claims-made" "occurrence" s If claims-made, the retroactive date Is P1. POLICY AMENDMENTS This endorsement Is issued In consideration of the policy premium. Notwithstanding any inconsisten statement in the policy to which this endorsement is attached or any other endorsement attache• thereto, it is agreed as followst 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointe officers, officlalsp employees and volunteers are Included as insureds with regard to damage and defense of claims arising from: (a) activities performed by or on behalf of the Name Insured, (b) products and completed operations of the Named Insured, or (c)premises owner leased or used by the Named Insured. 2. CONTRIBUTION NOT REQLMED. As respects: (a) work performed by the Named insure for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c promises leased by the Named insured from the City, the insurance afforded by this poilc shall be primary Insurance as respects the Clty, Its elected or appointed officers, officlal employees or volunteers; or stand In an unbroken chain of coverage excess of the Name Insured's scheduled underlying primary coverages In either event, any other insuranc maintained by the City, Its elected or apppointed officers, officials, employees or vofuntee shall be in excess of this insurance and shail not contribute with it. (OVER) ----- • ..I.nr� jarviceswince torm number GL 0002 (Ed 1/73)0 Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG OOOi or"claims,-made" form CG 00021 or (3) If excess, affords coverage which is at least as brand as the primary Insurance forms referenced In the preceding sections (1)and (2). 4. SBYERADMITY OF INTEREST. The lttaurance afforded by this Polley applies separately to each Insured who Is seeking coverage or against whom a clmlm Is made or a suit is brojitht, 1'I\ i,4 \ / S San Juan Capistrano Community Redevelopment Agency June 8, 1993 David Swerdlin Mission Portrait Photography 31762 Camino Capistrano San Juan Capistrano, California 92675 Re: Insurance Endorsements Dear Dave, Thank you for submission of the current general liability insurance certificate. As in the past, it is necessary that a policy endorsement also be submitted naming the Agency as additional insured. Please contact your agent regarding this requirement. In the past your insurance agency has submitted their own endorsement form; I'm attaching the City's blank form to this letter should you decide to use it instead. Sincerely, C thia L. Pendleton Finance Officer CLP/ML:ja Enclosure cc: Dawn Schanderl Richard Denhalter \L Mary Laub REC - 32400 Paseo Adelanto 1� _ �,,1(�3 San Juan Capistrano �! :7 California 92675 714-493-1171 San Juan Capistrano i 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprew-risive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims-made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided C"y J the C -v•y acdevcleprnent ^g' cy, its e1c-ted or appointed officers, tO uv a• and vn..uuu.. ,. officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported tothe insurer at: ATTN: CJI //// —&;EAJr (Title) Department (S2ULi21 Zi105r�/.4/Ilc� Company (7/�m//IlJiSA/ (Street Address 5tate) lcip Goo e) (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, /��/�1111-? 4 //J/L/-lam (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the City) CRGANIZATIQN: TITLE: /YtQ;V/ AECRE5S: 1) E TEiF.RvE: (7l A Sall ,loan (ahiwanu (knnnuuiiiN Redt lnprnrm Agew N, z - 1= March 4, 1988 Dave Swerdlin Mission Portrait Photography 26172 Via De Toledo San Juan Capistrano, CA 92675 Re: Certificate of Insurance, Acquistion of Lease (Patrick) Dear Mr. Swerdin: A letter dated January 21, 1988, was sent to you regarding the insurance requirements of your lease. A Certificate of Insurance in the following amounts is due in the City Clerk's Department by Friday, March 11, 1988: (1) Liability insurance to the extent of $250,000 any one person, $500,000 any one accident. Lessor carries no insurance on Lessee's fixtures, inventory or personal property. Lessee is to carry insurance on the plate glass window in the front of the store. (2) The San Juan Capistrano Community Redevelopment Agency is to be listed as an Additional Insured. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-1171 extension 244. Thank you for your cooperation. Very truly yours, Mary Ann Hanover, CMC Agency Secretary MAH/dms cc: Bob Boone, Director of Administrative Services ;32100 Pay,, Adelanb� San Ivan (.epi>uan Cahfunua 92675 71i-99;i-17 i 1 Ac1IM. CERTIFICAS OF INSURANCE �_ `" B$°11-9-90kaE°ATE( 0ka " PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SEA COAST INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 34197 PACIFIC COAST HWY #202 POLICIES BELOW. DANA POINT, CA 92629 COMPANIES AFFORDING COVERAGE COMPANY LETTER A AMERICAN STATES COMPANY B INSURED LETTER COMPANY`. DAVID SWERDLIN LETTER DBA: MISSION PHOTOGRAPHY COMPANY 31762 CAMINO CAPISTRANO LETTER D SAN JUAN CAPISTRANO, CA 92575 COMPANY LETTER E COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MMIDDIYY) GENERAL LIABILITY 4 GENERAL AGGREGATE $ 500,000. X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG, $ 500,000. CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $ 500,000. Y�,A OWNER'S A CONTRACTOR'S PROT. 02-BO-211382-3 3-20-90 3-20-91 EACH OCCURRENCE $ I ,000,OOO. FIRE DAMAGE(Any one fire) $ 50,000. MED.EXPENSE(Any arre person) s5,000. AUTOMOBILE LIABILITY___._.._.__.,,_...._...�..-._---�.--..—<._. COMBINED SINGLE '---YI ANY AUTO LIMIT $ 500,000. I ALL OWNED AUTOS BODILY INJURY y' SCHEDULED AUTOS (Per person) $ X HIRED AUTOS SAME SAME SAME BODILY INJURY A X NONOWNEDAUTOS (Per incident) $ GARAGE LIABILITY i PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM _.—..W._..._...—...�._e,..._._—���—� STATUTORY LIMITS ! WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ Y EMPLOYERS'LIABILITY ' DISEASE—EACH EMPLOYEE $ i( OTHER 1 i DESCflIP710N OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 1 I PHOTOGRAPHY - CCERTIFICATE HOLDER CANCELLATION 10 DAY NON-PAY ADD'L INSURED' SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE REDEVELOPEMENT AGENCY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ) 32400 PASEO DELANTO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN JUAN CAPISTRANO, CA LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 92675 LIABILITY OF ANY INS UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AATN: DAWN M. SCHANDERL _.�.--.___._.. _ ..._-..___ .__ .... -. ._..____.._ ; �ACORD 25-S(7190) AUTHORREO qE SENTATIV ���CORD CORPORATION.19901 - ... �r4.iO`dY £'tiCU�, 'cPdCY Cw"'P�'•.Y .�?i'r_ 2 -L (7>T *'.�D „ ar`.APC'LI /� t ``+DI�YA • C:-:L "i1"SIPiE58 ?rdWERS POLICY .• •rrsr w•••rr• r••}♦stet•++ •w •rw«wr PuL IZY fj Ar: 'R D2 -"5C+-2113, 2'c • E,LARATI3N5 RENEWAL J) : 0,241-2I13E'2-1 +♦•►► +w•r www}}rr}}wrrrw+rrw«r•w+•r ntAK� «V I^ SQE1t3L1% KI :SI ON 46F-kT: SEA CCASi IAS 4Of%CY * INC d(SJ E 'SIWGRAFHY 3 :726 RA .fi*C V 'EJ,:>s "213 r?AIL1 %5 3T 7(a CV°IUD CA'.`. TF -W SAN JUAN CIPISTRAN-0 * CA 92f,75 A'DDR » :S 34V JUAN CAPIc7;t . ^ • CA 5 t 7f. 04 ^72880 ( 3a!s 4714 ) A31 -2"963 rDLI :Y FRDK 03—w0-99 T7 J3-21-30 DORM OF r+L'EVVES5: PER16 : 12. DI Ap STA%DAR; TI%°E Al Y-UR TM'llVIkuAL 441LIN3 AD)RE5^. '3070 E�CVE ,rirr •fwefwr •w••wR•}rrwff•►w++ww+• ►•••w•♦♦1•i Merl•}rwR♦w••ww+wr•w♦.f r•rf r:ww•w•rwwwa R r + TOTAL. ANNJAL P4E'?IO'.}: 3 57PwuG R THE " T DUE ' LL - ILLEn UNDER VBtRI-,ILL ACC.UNT a �-1<B'1o11a R + R* •rRww•rRA••f•• w•lrrwwrr•wA+} wr♦r♦r•rwr•w} �wrrr}w•wrw rrf it ir•r•l ewrr•rwr}rlwrlr•!•• IU KETJR `ti FJR 14E PWYMENT :F T ,C- PFEVIUr�* AN SUE(J' CT TO ALL TN'. TERMS C� TMIS '3l.bCY* if AGREE slITH YOU T.) PRvVI,;= THE T%i5'UR:,kCE AS STITE. IN THIS POLICY. '-AKE AS I!U;iJRE?se AE)DRE S PeJll;'.sRaPHAR r:C� Q�x� .S T T .m .rt--------,..-. -.------�.-----..��������. LDV. — BUS" F ` PrR534AL �RCPERTY 16044 0 CRU. C - LCS:. OF INCDKE ACTUAL LOSS SUETAINEG* WT E%CEECII 12 CO%5FCUTIV- �t!OiYT"S COVw D - KO'dEY ANp .;ECURITIES la *003 0%R, PN^141SEF. f 2 *=?00 V F PREMISES LESS7RS OF BUILDINGS IOU 2M, COV* E 3U314F>S LIAbILTY 5,10*AEACR JCa^.URRE'sCi` 5�tT*i 1R A€4W_rPTE FIRE: LE�iAL LIAEsILITY `_0s:ao EAC4 :)CGJPREl-,(E CRV . F - `;EwlCAt PAYaEL'TS 1 J40 E9CH 'FASO'+ -----.__«._----_. «,.«w...,e.......r.-,..,....._..- . ......,..........,..w..,.....R OtHEe INTERESTS SJOJECT TO PROVISIONS 0F CL =IJSE(S ) GESI:e°li�TE;� �ELOa: ,APPLIES TO LOCATION A 1: A2DI (ION''AL I'ASURE) SAV JUAN CAPISTRANO CLAUSE: RE3FVELOPEMENT A'ENCY 324J@ PASEO ADEL.ANTO SAN JUV4 CAPISTRAND* CA 92675 y[.{»,w.......w—...._—........._.............._.»....................r.w..... .w.............. a=06_�p..�rR y.7.y}�iITII^ '------_--e._y—.-w_... W---r—..._r......+n.—_.... `V i�,l r TTA;HED FU;(* S: 9-2321( 1084) ,' U0134("'4'##6) U? CO3C(l RI3 9-[433<47 21 ° .'"*2 1777) ILOII4( lZPI) aU0004 (04R+5) ILO3184100 ) ILcli C( 0`s85 ) 6 -11$3( 028F. 3 IL0270(3287) HUO002(0576) .MU34C2( 97 ) c�Oo E%,T -ESDK( 01E53) SANTA ANA ( 2) PR 4PORED 02-22 C*4C-1 SF�w+ Nkf.2 � San Juan Capistrano Community Redevelopment Agenc} January 21, 1988 Dave Swerdlin Mission Portrait Photography 26172 Via De Toledo San Juan Capistrano, CA 92675 Re: Historic Town Center - Acquisition of Lease (Patrick) Dear Mr. Swerdlin: The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at its regular meeting held January 19, 1988, approved the Conveyance Agreement with Mr. and Mrs. Robert Patrick for acquisition of the Master Lease on the El Peon Property. Your lease payments may now be forwarded to: Bob Boone, Finance Officer San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, California 92675 Please forward to this office a Certificate of insurance in the specified amounts and naming the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency as additional insured. If you have any questions regarding insurance, please contact Dawn Schanderl of my staff. Thank you for your cooperation. Very truly yours, Mary Ann H4nover, CMC Agency Secretary MAH/mac cc: Deputy Director Finance Officer 32400 Paco Adelanto San Juan Capistrano California 92675 714-493-1171 .J ..., O� N77 WDD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A BATTER OF INFORMATION ONLY AND CONFERS VO FIGHTS UPON' HE CERTIFICATI:HOLDER.THIS C-RTIFICATI DOES NOT AMEND, SEA COAST INSURANCE EXTEND OR ALTEI THE COVERAG' AFFORDED BY--HE POLIO>ES BELOW. 31726 RANCHO VIEJO RD 1#223 — SAN JUAN CAPISTRANO, CA 92675 COMPANIES AI:FORDING COVERAGE c'aPANv A AMERICAN ECONOMY LE'TER CC APANY INSURED LE TER B MISSION PHOTOGRAPHY LCE AEARNY C 31762 CAMINO CAPISTRANO — SAN JUAN CAPISTRANO CA 92675 COIPANY C LEI rER COI IPANY E LEI TER ff • -i THIS IS TO CERTIFY THAT POLICIES OF NSURANCE LISTED BELOW HAVE SEEN ISSUED TO TI E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENI,TERM OR CONDITION OF ANY Ci 41TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO POLICY EFFUTHE POLICY YXPPATIDN LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMN'NY) DATE IMMmDNYI EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY X COMPREHENSIVE FORM _ INJURY $ $ X PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD A X PRODUCTS/COMPLETED OPERATIONS 11 TO BE ASSIGNED 3-22-88 3-22-89 CONTRACTUAL COMB ED $ 500, $500, INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $500, AUTOMOBILE LIABILITY EMILY ANY AUTO (PER PERSOEp $ ALL OWNED AUTOS(PRIV. PASS.) moLy ALL OWNED AUTOS OTHER THAN) (P�ER�AMDENT) $ ay PRIV. PASS. # TO BE ASSIGNED 3-22-88 3-22-89 HIRED AUTOS Tv A X NON-OWNED AUTOS DAMAGE DAMAGE $ " GARAGE LVABVLITY BI 8 PD COMBWED $500, ?' EXCESS LIABILITY UMBRELLA FORM BI a PD COMBINED $ $ OTHER THAN UMBRELLA FORM U WORKERS' COMPENSATION STA TORY AND .. $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNE!HICLES/SPECIAL ITEMS PHOTOGRAPHY ADD'L INSURED: SAN JUAN CAPISTRANO SH OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- REDEVELOPMMjM.-..AGENCY Ph IATION DATE THEREOF, THE tlSSU1NG COMPANY WILL ENDEAVOR TO AIA IL 30 DAYS MIRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 32400 PASEO DELANTO LE T,BUT FAILURE TO MAILS NCE SHALL IMPOSE NO OBLIGATION OR LUMUTY SAN JUAN CAPISTRANO, CA OF ANY KIND THE COMPANY, AGENTS OR REPRESENTATIVES. AU7h OR E RE SE IATI 92675