Cities Index.
Exhibit 2 - 1st Amendment

Alameda City Council
March 15, 2022

Document
Exhibit 2 - 1st Amendment
Meeting
March 15, 2022
Body
Alameda City Council
Original file
4.8 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

DocuSign Envelope ID: 7BF40716-8DAF-42F1-9090-AEA3FE0F9E8E LEASE AMENDMENT NO. 1
PREMISES 2315 Central Avenue, Suite 122, Alameda, CA
consisting of approximately 700 rentable square
LANDLORD: CITY OF ALAMEDA, a charter city and
municipal corporation
TENANT: Park Street Wine Cellars, Inc.

LEASE DATE: October 21, 2019 for reference purposes only This Amendment No. 1 to the Lease ("First Amendment"), is dated as of ,2022 for reference purposes only, and is entered into by and between the CITY OF ALAMEDA, a charter city and municipal corporation ("Landlord" or "City") and PARK STREET WINE CELLEARS,INC., a California corporation ("Tenant").

NOW, THEREFORE, in consideration of the foregoing, which is incorporated herein by reference, and of their mutual covenants contained herein, the parties hereby agree as

1. Background.

A. Landlord and Tenant entered into that certain Lease Agreement dated October 21, 2019_for reference purposes only (the "Lease"), for certain premises described therein and referred to as 2315 Central Avenue, Suite 122, Alameda, CA consisting of approximately 700 square feet ("Premises").

B. Capitalized terms used in this First Amendment without definition shall have the same meaning given to such terms in the Lease. This First Amendment shall be effective upon the last date set forth below the parties' signatures.

Rent Deferral. Section 4.1 of the Lease regarding Tenant's payment of Base Rent shall be modified as described below:
(a) Tenant's obligation to pay Base Rent, as described in Section 4.1 of the Lease, shall be deferred for a period of six (6) months ("Deferred Base Rent") commencing retroactively on August 2021 and ending on January 2022. The period during which Tenant shall repay Deferred Base Rent shall commence on July 1, 2022 and end on June 30, 2025 ("Repayment Period"). During each twelve (12) month period of the Repayment Period ("Year 1" as to the first twelve (12)months, "Year 2" as to the second twelve (12) months, and "Year 3" as to the third twelve (12) months), Tenant shall repay no less than three (3) months of Deferred Base Rent ("Minimum Repayment Obligation") either in a lump sum at the time Tenant makes its first Base Rent payment during Year 1, Year 2, or Year 3, as applicable, or in twelve (12) equal monthly payments on the DocuSign Envelope ID: 7BF40716-8DAF-42F1-9090-AEA3FE0F9E8E date Tenant pays Landlord each Base Rent sum during Year 1, Year 2, or Year 3, as applicable. A schedule reflecting Tenant's Minimum Repayment Obligation is set out below.
(b) During the Repayment Period, if Tenant pays all Deferred Base Rent: (i) prior to the last day of Year 1, Landlord will credit Tenant three (3) months of Base Rent to be applied to each of the next following months of Base Rent until the credit is exhausted; (ii) prior to the last day of Year 2, Landlord will credit Tenant two (2) months of Base Rent to be applied to each of the next following months of Base Rent until the credit exhausted; and (iii) prior to the last day of Year 3, Landlord will credit tenant one (1) month of Base Rent to be applied to each of the next following months of Base Rent until the credit exhausted (c) If during Year 1, Year 2, or Year 3 of the Repayment Period Tenant fails to pay the applicable Base Rent sum, plus the Minimum Repayment Obligation for any of those years, then following a written notice from Landlord to Tenant and a three (3) day period for Tenant to cure such Base Rent default and/or Minimum Repayment Obligation default, Tenant shall be in material default of the Lease entitling Landlord to exercise all rights and remedies available to it under the Lease and at law and in equity.
(d) If at any time during the period commencing on the date of this First Amendment (as set out above) and the last day of the Repayment Period, Tenant is cited by a law enforcement authority (eg. the County of Alameda, the City's Police Department or code enforcement unit) for any violation of a health and safety regulation, code, or other directive related to COVID-19, the City may, upon the written approval of both the City Manager and City Attorney, in their sole and complete discretion, impose some or all of the following remedies:

Tenant shall be obligated to repay to Landlord, within ten (10) days of the date of written notice from City, all unpaid Deferred Base Rent.

2. Tenant shall return to the Landlord, within ten (10) days of the date of written notice from City, all previously earned "Rent Credit" (as described in the chart below).

3. Tenant shall not be entitled to any further benefits established by and described in this First Amendment.

Tenant shall timely and fully comply with the remedies imposed by the City under this subsection. If Tenant fails to timely and fully comply with the remedies set forth in the subsection, then Tenant shall be in material default of the 2 DocuSign Envelope ID: 7BF40716-8DAF-42F1-9090-AEA3FE0F9E8E Lease entitling Landlord to exercise all rights and remedies available to it under the Lease and at law and in equity, including without limitation, termination of the Lease, as amended hereby, and taking all necessary legal actions to recover unpaid rent, including previously earned-but-forfeited Rent Credits or Deferred Base Rent.

DEFERRED RENT REPAYMENT SCHEDULE
Months Six (6) (August 2021-January 2022)
Deferred
Total Base $ 17,088
Rent
Deferred
Maximum $ 8,543.85
Possible
Rent Credit
Repayment Payment Due
Period
Year 1 Base Rent + $5,695.90_when first Base Rent payment of Year 1 is made or Base Rent + 12 equal, monthly payments of $474.66 at the time each Base Rent payment is made during Year 1
Year 2 Base Rent + $5,696.04 when first Base Rent payment of Year 2 is made or Base Rent + 12 equal, monthly payments of $474.67 at the time each Base Rent payment is made during Year 2
Year 3 Base Rent + $5,696.04when first Base Rent payment of Year 3 is made or Base Rent + 12 equal, monthly payments of $474.67 at the time each Base Rent payment is made during Year 3
Delivery of Possession. Tenant agrees that the Premises shall continue to be leased in its "AS-IS" condition, and Landlord shall have no obligation to make any repairs or modifications to the Premises. Tenant acknowledges and agrees that Landlord has made no representations or warranties regarding the Premises, including, without limitation, its suitability for Tenant's proposed use.

4. CASp. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e), which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law.

Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the 3 DocuSign Envelope ID: 7BF40716-8DAF-42F1-9090-AEA3FE0F9E8E time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease First Amendment pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (i11) the inspection must be scheduled through Landlord and in coordination with the Building's property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant's responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion.

5. City's Authority. Tenant acknowledges Landlord is entering into this First governmental
impairing or restricting
any Laws or applicable requirements.

Ratification; Miscellaneous. Except as modified by this First Amendment, in al the rises end lease is beeky raind and more ed and parains in fill force and effect DocuSign Envelope ID: 7BF40716-8DAF-42F1-9090-AEA3FE0F9E8E IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the day and year last set forth below.

LANDLORD: TENANT:

CITY OF ALAMEDA, PARK STREET WINE CELLARS.
a charter city and municipal corporation INC. a California corporation By: By:

Name: CHRISTOPMER MASSIE
Eric J. Levitt
Title: PRES / CEO
City Manager
Date: FEB 16, 2022
Date:

By: Hua Masse
Approved as to Form Name: Theresa Massie
- DocuSigned by: Title:

CFO / Treasurer
By: Le Aslarian
Len Astatian Date: Feb lle, 2022
Assistant City Attorney
Recommended for Approval
By: Lisa Maxwell
Community Development Director
ACORD® DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE
2/15/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER Liberty Mutual Insurance NAME
PO Box 188065 PHONE FAX. No):
(AIC, No. Ext): 800-962-7132 800-845-3666
Fairfield, OH 45018 E-MAIL
ADDRESS: [email protected]

INSURERS) AFFORDING COVERAGE NAIC I
INSURERA: Ohio Security Insurance Company 24082
INSURED INSURER B:

Park Street Wine Cellars Inc
INSURER C:
420 Cola Ballena Apt B
Alameda CA 94501 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 66768855 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR
A COMMERCIAL GENERAL LIABILITY BZS60187859 8/6/2021 8/6/2022 EACH OCCURRENCE $2,000,000

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence). |$2,000,000 Businessowners MED EXP (Any one person) $15,000
Liquor Liability PERSONAL & ADV INJURY $2,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO
•POLICY | JECT LOC PRODUCTS - COMPIOP AGG $4,000,000
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident) s

AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGI
AUTOS ONLY AUTOS ONLY (Per accident'

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE as so co

DED RETENTIONS
A WORKERS COMPENSATION [XWS60187859 8/6/2021 8/6/2022 • STATUTE

AND EMPLOYERS' LIABILITY
NYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 )FFICER MEMBEREXCLUDED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EESCRIPTION OF OPERATIONS below describe under
E.L. DISEASE - POLICY LIMIT |31,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION
City of Alameda SHE ERATION DATE HERE TIE LEE DEERED THE EXPIRATION DATE THEREOF, NOTICE WILL c/o RiverRock Real Estate Group ACCORDANCE WITH THE POLICY PROVISIONS. 950 W Mall Square, Ste 239
Alameda CA 94501

AUTHORIZED REPRESENTATIVE
goths Marty
Jonathan Martinez
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 66768855 | 60187959 | 21-22 GL NC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 1 of 10| AGENCY CUSTOMER ID: 60187859
LOC #:

ACORD® ADDITIONAL REMARKS SCHEDULE Page of

AGENCY NAMED INSURED
Liberty Mutual Insurance Park Street Wine Cellars Inc
20 Cola Ballena Apt
POLICY NUMBER lameda CA 9450
BZS60187859

CARRIER NAIC CODE
Ohio Security Insurance Company 24082 EFFECTIVE DATE: 8/6/2021

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Alameda c/o RiverRock Real Estate Group ADDRESS: 950 W Mall Square, Ste 239 Alameda CA 94501
Re Designated Premises: 2315 Central Ave, Ste 122, Alameda, CA, 94501-4513. 30* Day Notice of Cancellation *10 Day Notice of Cancellation for Cancellation for Non- Premium per form BP7002.

This Policy is Primary and we will not ask for contribution of the Policy issued to the Additional Insured.

Bing percome & Extra Expense Coverage - 12 Months Actual Loss Sustained, 24 Hour Waiver of Subrogation Applies per form BP0497.

Waiver of Subrogation applies per form WC000313.

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD ADDENDUM 66768855 | 60187859 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 2 of 10| POLICY NUMBER: BZS60187859 BUSINESSOWNERS
BP 04 02 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - MANAGERS OR LESSORS

OF PREMISES
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
Designation Of Premises (Part Leased To You):
950 W Mall Square Ste 239 Alameda CA 94501
Name Of Person(s) Or Organization(s) (Additional Insured):

City of Alameda. RiverRock Real Estate Group, as agent for City of Alameda, CA, Landlord, RiverRock Real Estate Group
Additional Premium:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II - Liability is amended as follows: 2. Structural alterations, new construction or A. The following is added to Paragraph C. Who Is An demolition operations performed by or for the Insured: person(s) or organization(s) designated in the Schedule.

3. The person(s) or organization(s) shown in the
Schedule is also an additional insured, but only C. With respect to the insurance afforded to these with respect to liability arising out of the additional insureds, the following is added to ownership, maintenance or use of that part of Paragraph D. Liability And Medical Expenses the premises leased to you and shown in the Limits Of Insurance:

Schedule. If coverage provided to the additional insured is However: required by a contract or agreement, the most we will pay on behalf of the additional insured is the
a. The insurance afforded to such additional amount of insurance:
insured only applies to the extent permitted 1. Required by the contract or agreement; or by law; and
b. If coverage provided to the additional 2. Available under the applicable Limits Insurance shown in the Declarations;
insured is required by a contract or
agreement, the insurance afforded to such whichever is less. additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits Of Insurance shown in or agreement to provide for such additional Declarations. insured.

B. With respect to the insurance afforded to these
additional insureds following additional
exclusions apply:

This insurance does not apply to:

1. Any "occurrence" that takes place after you
cease to be a tenant in the premises described
in the Schedule.

BP 04 02 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 66768855 | 60187859 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 3 of 10|

BUSINESSOWNERS
BP 79 96 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement.

SECTION SUBJECT
A. Supplementary Payments
Bail Bonds
Loss Of Earnings
B. Broadened Coverage For Damage To Premises Rented To You Incidental Medical Malpractice Injury
D. Mobile Equipment
E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations
G. Aggregate Limits
H. Duties In The Event Of Occurrence, Offense, Claim Or Suit

1. Liability And Medical Expenses Definitions
Bodily Injury
Insured Contract
Personal And Advertising Injury
Section II - Liability is amended as follows:

A. Supplementary Payments
Section A.1. Business Liability is modified as follows:

1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension - Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit.

2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit.

B. Broadened Coverage For Damage To Premises Rented To You

1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following:

With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". 2016 Liberty Mutual Insurance
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2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following:

The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations.

3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply.

C. Incidental Medical Malpractice Injury

1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage.

2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions:
"Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services:
67539227
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection
(2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. 001633 b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above.
(3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above.

D. Mobile Equipment
Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission.

E. Blanket Additional Insured (Owners, Contractors Or Lessors)

1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".

2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and
(2) Caused in whole or in part by your ongoing operations performed for that insured.

The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy.

The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury". "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architects, en- gineer's or surveyor's rendering of or failure to render any professional services including:
2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 66768855 | 60187959 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 5 oé 10| (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises • described in the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations.

3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary F. Newly Formed Or Acquired Organizations
The following is added to Section C. Who Is An Insured:

Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However:

1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier;

2. Section A.1. Business Liability does not apply to:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you.

3. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

G. Aggregate Limits
The following • is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of

1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner.

2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you.

For the or pose of this ender sometion is natured an premises, ring same one. of-way of a railroad.

H. Duties In The Event Of Occurrence, Offense, Claim Or Suit

1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence"
Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 66768855 | 60187859 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 6 of 10| I. Section F. Liability And Medical Expenses Definitions is modified as follows:

1. Paragraph F.3. is replaced by the following:

3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including

2. Paragraph F.9. is replaced by the following:

9. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
b. A sidetrack agreement;
67539227
c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
001633
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem- of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:

That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities.

3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following:
b. Malicious prosecution or abuse of process;
© 2016 Liberty Mutual Insurance
BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 66768855 | 60187859 | 21-22 GL NC | Jonathan Martinez | 2/15/2022 6:45:34 EM (EST) | Page 7 o€ 10

BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
The following is added to Paragraph H. Other • You have agreed in writing in a contract o Insurance of Section III Common greement that this insurance would b - Policy
Conditions 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

1. The additional insured is a Named Insured
under such other insurance; and
BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 66768855 | 60187859 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 8 of 10| POLICY NUMBER: BZS60187859 BUSINESSOWNERS
BP 04 97 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE
Name Of Person Or Organization:

City of Alameda. RiverRock Real Estate Group, as agent for City of Alameda, CA, Landlord, RiverRock Real Estate Group
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III - Common
Policy Conditions is amended by the addition of the
following:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
bove because of payments we make for injury ol
lamage arising out of your ongoing operations ol
"your work" done under a contract with that person or
organization and included in the "products-completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.

BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 66768855 | 60187859 | 21-22 GL WC | Jonathan Martinez | 2/15/2022 6:45:34 PM (EST) | Page 9 of 10| ACORD® CERTIFICATE OF PROPERTY INSURANCE DATE (MMDDYYYY) 2/15/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

NAME:

Liberty Mutual Insurance
PHONE FAC. No): 800-845-3666
PO Box 188065 E-MA NO. Ext: 800-962-7132
Fairfield, OH 45018 [email protected]
ADDRESS:

PRODUCER
CUSTOMER ID: 60187859
INSURERS) AFFORDING COVERAGE NAIC#

INSURED
INSURER A : Ohio Security Insurance Company 24082
Park Street Wine Cellars Inc
INSURER B :
420 Cola Ballena Apt B
Alameda CA 94501 INSURER C :

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 66768835 REVISION NUMBER:

LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 315 Central Ave Ste 122
lameda CA 945014513

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.

TYPE OF INSURANCE POLICY NUMBER COVERED PROPERTY LIMITS A •] PROPERTY BZS60187859 8/6/2021 8/6/2022 BUILDING $
CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY | $ 106,090 BASIC BUILDING BUSINESS INCOME s See Below*
BROAD CONTENTS EXTRA EXPENSE $
SPECIAL 5,000 RENTAL VALUE

EARTHQUAKE BLANKET BUILDING

WIND BLANKET PERS PROP

FLOOD BLANKET BLDG & PP

INLAND MARINE TYPE OF POLICY

POLICY NUMBER

CAUSES OF LOSS

NAMED PERILS
CRIME

TYPE OF POLICY
*Business income - 12 Monies Actual Loss Susaned AM. Best Company Rating: A more pose is requires)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
faths Matt
Jonathan Martinez
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