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22-088 Pacific Coast Farmer's Market Association License Agreement - Creekside Park FY 2022-20231 No. ______________ FY2022-23 LICENSE AGREEMENT FOR USE OF CREEKSIDE PARK NORTH PARKING LOT BY AND BETWEEN THE CITY OF CUPERTINO AND PACIFIC COAST FARMER’S MARKET ASSOCIATION This License Agreement (“Agreement”) is made by and between the CITY OF CUPERTINO, a municipal corporation (“Licensor”), and PACIFIC COAST FARMER’S MARKET ASSOCIATION (“Licensee”) and is effective on the last date signed below. RECITALS: WHEREAS, Licensor is the owner of the north public parking lot at Creekside Park in the City of Cupertino, California, (hereinafter referred to as the “Property”). WHEREAS, in 2017, Licensee obtained a special use permit from Licensor to operate a weekly certified farmer’s market (“Market”) on the Property, and has operated the Market on the Property since that time. WHEREAS, Licensee seeks to maintain the ability to enter upon the Property, more particularly described in the attached Exhibit A, by way of a license for the purposes specified in Section 1 below and in the attached Exhibit B. WHEREAS, Licensor has determined that the Market provides significant benefits to the Cupertino community by providing access to fresh and locally sourced produce and food items. WHEREAS, Licensor desires to provide Licensee with access to and use of the Property, more particularly described in the attached Exhibit A, by way of a nonexclusive license, for the purposes specified in Section 1 below and in the attached Exhibit B, subject to the terms and limitations set forth herein. NOW, THEREFORE, Licensor and Licensee (collectively, the “Parties”), upon the mutual execution and delivery of this Agreement, for good and valuable consideration, including the Market’s above-referenced public benefits, the sufficiency of which are hereby acknowledged, and in consideration of the covenants Parties express herein, agree as follows: 1. Use. Licensor hereby grants to Licensee and its agents and contractors, a nonexclusive, revocable license (the “License”) to enter upon and use the Property, as identified in Exhibit A, subject to the terms and conditions herein, for the purpose of conducting a weekly certified farmer’s market. The Market will be held every Friday from 7:00 a.m. to 2:30 p.m. Licensee agrees to carry out these uses as described in Exhibit B and in a manner compatible with the standard of care applicable to Licensee’s profession. This grant of License shall not confer any property right to Licensee. 2 2. Term. This License shall commence on the Effective Date and end on 6/30/2023 (“Term”), unless extended by separate written agreement approved by the City Manager or terminated as provided herein. 3. Payment. In consideration of the public benefits the Market provides, Licensor agrees to grant Licensee this License without changing a fee for use of the Property in compliance with this Agreement. 4. Conditions Applicable to License. This License is subject to all existing covenants, conditions, reservations, contracts, leases, licenses, easements, encumbrances, restrictions and rights of way with respect to the Property, whether or not of record. Licensee agrees to pay all costs incurred by Licensor in enforcing the terms of this License, including reasonable attorney’s fees and costs. Failure to make such payments shall be grounds for revocation of this License. 5. Repair and Restoration. If Licensee, its agents or contractors cause any damage to the Property, or to any other of Licensor's property or improvements in connection with the exercise of this License, Licensee shall, at no cost to Licensor, repair and restore that property and/or improvements to its original condition prior to and as a condition of Licensee's ongoing use of the Property pursuant to this License. 6. Assignment. This License is personal to Licensee. Licensee may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of Licensor. 7. Termination of License. Licensor may terminate this License for any reason, upon 30 days written notice. 8. Indemnification. To the fullest extent permitted by law, Licensee shall hold harmless, defend (with counsel agreed to by Licensor), and indemnify Licensor and its officers, officials, agents, employees, and volunteers (collectively and/or individually “Licensor”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature including but not limited to claims for loss or damage to any property, or for death or personal injury, arising out of, related to, or in connection with the License, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of Licensor. Licensee’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Licensee, including Licensor, are responsible for the claim does not relieve Licensee from its separate and distinct obligation to immediately defend Licensor as stated herein. This Section 8 shall survive termination of the Agreement. 9. Insurance. Licensee shall comply with the insurance requirements in Exhibit C. Licensor will not execute the Agreement until it has received and approved satisfactory certificates of insurance and endorsements evidencing the type, amount, and dates of coverage. Alternatively, Licensor in its sole discretion, may purchase insurance and deduct the costs from payments to Licensor, or terminate the Agreement. 10. Authority. Licensor is empowered to make adjustments to the Market operations described in Exhibit B to address any documented problems or nuisance situation that may occur. All grievances as a result of Licensor’s decision may be appealed to the City Manager. The City Manager’s decision may be appealed to the City Council under section 1.16.020 of the Cupertino Municipal Code. 3 11. Compliance with Laws. Licensee shall comply with any and all federal, state, and local laws, statutes, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and requirements, including those applicable to the use of the Property by Licensee and to any federal, State of California, or Santa Clara County Health Orders, or any other applicable emergency orders including City of Cupertino orders, related to the COVID-19 pandemic. 12. Effect. This Agreement, and each of its terms and conditions, shall inure to the benefit of, and be binding upon the heirs, successors, executors, and assigns of the Parties. 13. Construction. The captions appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this License or in any way affect this License. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 14. Governing Law, Venue, and Dispute Resolution. This Agreement is governed by the laws of the State of California. Any legal actions or proceedings filed against Licensor in connection with this Agreement must comply with the government claims filing requirements and must be filed with the Superior Court for the County of Santa Clara, State of California. At their mutual agreement, the Parties may elect mediation prior to any legal actions or proceedings, with each party to share in the cost of the mediation. 15. Severability. Any provision of this License that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and all other provisions shall remain in full force and effect. 16. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of Licensor to insist upon the performance by Licensee in accordance with said terms. 17. Attorney Fees. If Licensor is required to pursue litigation, arbitration or other administrative or regulatory proceeding to enforce its rights or the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 17 survives this Agreement. 18. Entire Agreement/Modifications. This Agreement and all referenced Exhibits are hereby attached and incorporated into the Agreement by this reference and represent the full and complete understanding as to those matters contained herein, and supersede any other agreement or understanding, either oral or written, between the Parties. This Agreement may not be modified or amended except in writing signed by both Parties. If there is any inconsistency between any term, clause, or provision of this Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of this Agreement shall prevail and be controlling. 19. Survival. All provisions which by their nature must continue after the Agreement ends, including without limitation Indemnification, Insurance, Governing Law, and Attorney Fees, will survive the expiration or termination of this Agreement. 4 20. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: To City of Cupertino: Office of the City Manager 10300 Torre Ave., Cupertino, CA 95014 Cc: Representative Name: Rachelle Sander Email: rachelles@cupertino.org To Pacific Coast Farmer’s Market Association: 5060 Commercial Circle, Suite A Concord, CA 94520 Cc: Allen Moy, Executive Director Email: allenmoy@pcfma.org or to such other address as either party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Section. 21. Execution. The person executing this Agreement on behalf of Licensee represents and warrants that Licensee has full right, power, and authority to execute this Agreement and to carry out all actions required. This Agreement constitutes a legally binding obligation of Licensee, and may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. This Agreement may be executed by electronic signature, including digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. LICENSOR, CITY OF CUPERTINO A Municipal Corporation By ________________________ DIANNE THOMPSON Acting City Manager Date _______________________ LICENSEE, PACIFIC COAST FARMER’S MARKET ASSOCIATION By ________________________ ALLEN MOY Executive Director Date _______________________ Jul 6, 2022Jul 6, 2022 5 APPROVED AS TO FORM: _____________________________ CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: _____________________________ KIRSTEN SQUARCIA City Clerk Date _______________________ 1325167.3 Christopher D. Jensen Jul 6, 2022 Thao Family Farms Hu m m u s Tr i p l e D Yia Moua Her Farms Medina CA Specialty CA B a k e s h o p Schletewitz Va s q u e z Sa k u r a Hamlow J&M Farms Av i l a Dr a g o n B a b y Fo r t u n e P l a n t s In f o 42 Parking Spaces Ho n e y L a d i e s Ba y F r e s h St u e v e Bu n c a y a o Creekside Farmers’ Market Fridays 8:30 am - 1:00 pm 10455 Miller Ave, Cupertino, CA Empty Info Pre-Packaged AG Cone Block Restroom Fire Extinguisher Disabled Parking Exhibit A: Site Plan 13 Parking Spaces 11 Parking Spaces 1 EXHIBIT B CONDITIONS OF USE The LICENSEE will operate a weekly, Friday farmers market subject to the following conditions of use: 1. SITE PLAN. 1.1. The site plan attached to the Agreement as Exhibit A indicates the approved locations and number of all equipment, food and vendor booths, tents and canopies, waste and recycle containers, vendor parking spaces, event attendee parking spaces, signage, and traffic ingress and egress from the lot. 1.2. There will be no more than 40 stalls and 25 vans/trucks/commercial vehicles on site. 1.3. There will be no more than 25 producers operating at the Market. 1.4. Approximately 1,500 persons are expected to attend the Market each week. 1.5. All designated fire lanes shall be a minimum of 20 feet in width. Designated fire breaks between stalls shall be 10 feet in width. 1.6. Licensee shall be responsible to ensure that all extension cords shall be secured to prevent a tripping hazard. 1.7. If a material change to the initial approved layout is anticipated as a result of the addition of vendor booths, Licensee shall contact Parks and Recreation, Community Development, and Fire to ensure compliance with appropriate regulations at least 15 business days prior to the first event at which such changes are expected to be implemented. This change shall be reviewed and approved by Licensor. 2. SIGNAGE. 2.1. Licensee will post temporary signage as listed below: 2.1.1. Licensee will place A-frame signs in the Market area of the Creekside north parking lot between 7:00 a.m. and 12:00 p.m. on Thursdays to notify patrons that public parking in that lot will not be allowed on Fridays 6:00 a.m. to 2:30 p.m., and that violators will be towed, but that public parking will continue to be available in the Creekside south parking lot. 2.1.2. Licensee will place A-frame “No Farmer’s Market parking” signs at entrances to 24-stall south parking lot one hour prior to the Market opening and leave them in place until the Market closes at 2:30 p.m. 2.2. All signage must comply with City Ordinance 19.104 with appropriate permits, unless the signs are placed on City Park property. 3. MARKET HOURS. Licensee shall comply with the stipulations set forth below to minimize sound and traffic impacts: 3.1. Vendor arrival, load-in, and set-up shall begin no earlier than 7:00 a.m. 3.2. Market hours will begin no earlier than 8:30 a.m. and end no later than 1:00 p.m. 3.3. Load out, cleanup of litter and debris, and waste removal will be completed no later than 2:30 p.m. 4. MARKET ACTIVITIES. 4.1. Commercial food is permitted at the Market. 4.2. Alcohol sales at the Market are prohibited. 5. PARKING. 5.1. Licensee shall handle all traffic control in and around the Market site. 2 5.2. Licensee shall monitor parking on Market days with appropriate signage and provide staff/volunteers to direct parking. 5.3. Licensee will ensure vendor loading/unloading and parking occurs only in designated areas. 5.4. The 24-stall Creekside south parking lot will remain designated for ADA parking, park users, and City activity participants. 5.5. Vehicles in violation of the parking restrictions will be towed away at owner’s expense. 5.6. Licensee is responsible to contact City of Cupertino Code Enforcement to arrange towing, at 408- 777-3182. 6. WASTE MANAGEMENT AND STORM WATER POLLUTION PREVENTION. 6.1. Licensee is responsible for litter clean up during and after the Market in the event area and on the adjacent south parking lot, playground, and landscape/turf areas of the park. 6.2. Any post-event clean up required to be conducted by the Licensor will result in staff time and material and/or equipment costs to be assessed to the Licensee. 6.3. Licensee shall be financially responsible for damages to any public property that may occur as a result of Market activities and attendance. 6.4. Licensee shall install and maintain two temporary waste stations for use by the event patrons. Waste stations consist of three Recology branded “event boxes” for landfill, recycling, and compostable. Event boxes shall be lined with clear plastic bags and serviced as needed during the event. Event boxes shall be obtained from Recology at Licensee’s expense. 6.5. All waste generated during the Market shall be self-hauled and disposed off-site, by the Licensee. 6.6. Washing and/or rinsing of any product or equipment is prohibited unless the water is contained in appropriate dedicated gray water collection tanks. Collection tanks shall be emptied off- premises in accordance with all laws. 6.7. Licensee shall maintain an appropriately equipped spill kit including towels, absorbent, broom, and waste containers for dry method clean-up of any liquids or solids. 6.8. Distribution of single-use produce bags is discourages, but permitted only for produce items. 6.9. Expanded polystyrene (EPS) foam food ware is prohibited from being distributed by any vendor. 6.10. Food vendors may not dispose of grease on site. 6.11. The public park restrooms must remain available to, and in acceptable condition for, park patrons during the days the event is held. Should Market attendees have a significant impact on the park restrooms, such that additional mid-day servicing is required, Licensee will bear the cost of this service (estimated at $180 per day). If even with servicing, available public park restrooms are found to be inadequate to handle the volume of attendees, the Licensee may be required to provide portable toilets at its expense. 7. RESTRICTIONS ON USE OF PARK PROPERTY. 7.1. Licensee shall comply with the rules and regulations regarding the use of Park Property. 7.2. In compliance with City Municipal Code Section 10.48.052 Outdoor Public Events, this License allows amplified sound between 11:00am to 1:30pm, with a limit of 70 dBA (decibels) at the closest residential property and continuous or repeated peak noise levels must remain below 95 dBA where persons may be continuously exposed. 7.3. Licensee will adhere to the rules and regulations included in City Ordinance 13.04 Parks. Vendors are not allowed to drive a vehicle in the park or any landscaping within the parking lot for any purpose, including unloading of supplies and equipment. All unloading must be done in the parking lot or curbside. 7.4. Per City Ordinance 10.90.020, smoking is prohibited in City recreation areas, parks, and parking lots. 3 8. CITY BOOTH. Licensee shall grant Licensor one booth space free of charge, for the purpose of public education and outreach. 9. ANIMALS PROHIBITED. Signs shall be posted around the perimeter of and throughout the Market stating that animals are prohibited within the area of the Market, in accordance with the State of California Health and Safety Code. This prohibition shall not apply to service animals, as defined in the Americans with Disabilities Act, or to on-duty police dogs with handlers. 10. SECURITY. Licensee may be required to provide on-site security if deemed required by the Licensor. 11. EVALUATION AND REPORTING 11.1. Licensee will meet with Assistant Director of Parks and Recreation or designated staff as requested to evaluate use and neighborhood, traffic, and/or park facilities impact. 1325603.3 1 Licensee shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to Licensor (“City”). INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Licensee's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. a. Market Vendors and Agents. Licensee shall require all vendors and their agents to secure and maintain during the term of this Agreement auto insurance in an amount no less than the minimum required by State law. Licensee shall obtain certificates of insurance evidencing the required auto insurance as a condition to permitting vendors to participate in the Market. b. Licensee's Employees and Agents. Any employee or agent of Licensee who in any way participates, monitors, organizes or performs as part of Licensee’s obligations under this contract shall likewise maintain during the term of this Agreement auto insurance covering their autos in an amount no less than the minimum required by State law. Licensee shall require insurance certificates for this insurance as a condition of such persons participating in or performing under this Agreement. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required if Licensee has provided written verification of no employees. a. Market Vendors and Agents. Licensee shall require all vendors and their agents to secure and maintain during the term of this Agreement Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Licensee shall obtain certificates of insurance evidencing the required vehicle insurance as a condition to permitting vendors and their agents to participate in the Market. EXHIBIT C Insurance Requirements 2 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Licensee’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Licensee’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Licensee’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Licensee waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Licensee, its employees, agents and subcontractors. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Licensee must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Licensee must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subcontractors Licensee shall require and verify that all subcontractors maintain insurance that meet the requirements of this Agreement, including naming the City as an additional insured on Contractors insurance policies. Higher Insurance Limits If Licensee maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Licensee. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/28/2022 InterWest Insurance Services,LLC License #0B01094 P.O.Box 255188 Sacramento CA 95865-5188 Shaun Alley 916-609-8464 salley@iwins.com License#:0B01094 Evanston Insurance Co.35378 PACCO-2 Ohio Security Insurance Co 24082PacificCoastFarmersMarketAssociation 5060 Commercial Circle A &B Concord CA 94520 Insurance Co.of the West 27847 1021873254 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y 3AA556826 4/10/2022 4/10/2023 Included B 1,000,000 X X X Y Y BAS2361008278 4/10/2022 4/10/2023 A X 4,000,000 X EZXS3076310 4/10/2022 4/10/2023 4,000,000 C XYWSA5039001051/1/2022 1/1/2023 1,000,000 1,000,000 1,000,000 Certificate holder is named as an Additional Insured with Primary Wording and Waiver of Subrogation for the General Liability and Auto Liability per the attached carrier forms,provided there is a written contract or agreement.Blanket Waiver of Subrogation for the Workers Compensation. Cupertino Farmers Market 10455 Miller Avenue,Cupertino,CA.95014. Additional Insured status applies to requested entities if required by written contract per the attached endorsement(s). City of Cupertino 10300 Torre Avenue Cupertino CA 95014 MEGL 0009-01 09 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA556826 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium:$2,353 (Check box if fully earned ) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily injury", "property damage" (including "bodily injury" and "property damage" included in the "products-completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.The insurance afforded to such additional insured will not be broader than that which you are required by the valid written contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the valid written contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. 3AA556826 City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Policy No. 3AA556826 INSURED 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 No. Insured Premium $ Insurance Company Countersigned By INSURANCE COMPANY OF THE WEST INCL.PACIFIC COAST FARMERS MARKET WC 99 06 34 (Ed. 8-00) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURA WC 99 06 34NCE POLICY (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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). The additional premium for this endorsement shall b % of the total California Workers’ Compensatione premium otherwise due. Schedule Person or Organization Job Description 2 ALL CA OPERATIONSANY PERSON / ORG WHEN REQUIRED BY WRITTEN CONTRACT Policy No. WSA 5039001 05Endorsement Effective 01/01/2022 PCFMA License Agreement - Creekside Park FY 2022-2023 Final Audit Report 2022-07-06 Created:2022-06-30 By:Kevin Khuu (KevinK@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAE1aG6-cREwJJehUlmS4Gft-tqLHUp_YP "PCFMA License Agreement - Creekside Park FY 2022-2023" H istory Document created by Kevin Khuu (KevinK@cupertino.org) 2022-06-30 - 10:15:16 PM GMT- IP address: 73.202.165.202 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-06-30 - 10:17:08 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-06-30 - 10:39:12 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Allen Moy (allenmoy@pcfma.org) for signature 2022-06-30 - 10:39:15 PM GMT Email viewed by Allen Moy (allenmoy@pcfma.org) 2022-07-06 - 2:39:00 PM GMT- IP address: 96.90.214.93 Document e-signed by Allen Moy (allenmoy@pcfma.org) Signature Date: 2022-07-06 - 2:41:46 PM GMT - Time Source: server- IP address: 96.90.214.93 Document emailed to christopherj@cupertino.org for signature 2022-07-06 - 2:41:49 PM GMT Email viewed by christopherj@cupertino.org 2022-07-06 - 3:23:47 PM GMT- IP address: 104.28.123.106 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-06 - 3:37:30 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2022-07-06 - 3:37:33 PM GMT Email viewed by Dianne Thompson (she/her) (diannet@cupertino.org) 2022-07-06 - 5:05:40 PM GMT- IP address: 104.28.123.104 Document e-signed by Dianne Thompson (she/her) (diannet@cupertino.org) Signature Date: 2022-07-06 - 5:31:13 PM GMT - Time Source: server- IP address: 174.194.133.140 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-06 - 5:31:16 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-06 - 7:08:16 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-06 - 7:08:24 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-07-06 - 7:08:24 PM GMT