07/18/23
Cushman & Wakefield
THIRD AMENDMENT TO LISTING AGREEMENT FOR SALE AND LEASE
This Third Amendment to the Listing Agreement for Sale or Lease, entered into this _____ day of February, 2024, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter " City") and CUSHMAN & WAKEFIELD CALIFORNIA, INC., a California corporation (hereinafter "Provider"), is made with reference to the following:
RECITALS:
A. On June 1, 2015, an agreement was entered into by and between the City and Provider (hereinafter "Agreement") for Listing Services for Lease and Sale.
B. On October 16, 2018, the original agreement was amended by and between the City and Provider (hereinafter “First Amendment”) for services rendered during the added contractual term between December 31, 2018 and December 31, 2021.
C. On March 15, 2021, the First Amendment was amended by and between the City and Provider (hereinafter “Second Amendment”) for services rendered during the added contractual term between December 31, 2021 and December 31, 2023. Collectively, the Service Provider Agreement, as amended by the First Amendment, Second Amendment, and Third Amendment shall be referred to herein as the “Agreement”.
D. Whereas, the City Council authorized the City Manager to execute this Agreement to the Agreement on __________________, 2024.
E. The City and Provider desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Paragraph 1, TERM, of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the 1
st day of June, 2015, and shall terminate
on the 31st day of December, 2025, unless terminated earlier as set forth herein.
4. Except as expressly modified herein, all other terms and covenants set forth i n the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
DocuSign Envelope ID: DA39DE1E-CA4D-4CB6-BD15-967CD0435FE9 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
CUSHMAN & WAKEFIELD CALIFORNIA
a Califomia Corporation
CITY OF ALAMEDA
a Municipal Corporation
By: BY:
Cori English
Managing Principal
Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL:
By:
Abby Thorne-Lyman
Base Reuse and Economic
Development Director
AJ'PROVED AS TO FORM:
City Attorney
BY:
Len Aslanian
Assistant City Attorney
07/1 8/23
Cushman & Wakefield
DocuSign Envelope ID: DA39DE1E-CA4D-4CB6-BD15-967CD0435FE9
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
CUSHMAN & WAKEFIELD CALIFORNIA
a California Corporation
0-,� 6vtL<,,i(
By: ___ ; _________ _
Cori English
Managing P1incipal
Jan 24, 2024
By: _M_••_•c_h•t_h•_m_(Ja_n 2_•._20_2•_11._·o•_Ps_r1 _____ _ 07/18/23
Matt Chatham
Regional President
Jan 24, 2024
Cushman & Wakefield
CITY OF ALAMEDA
a Municipal Corporation
By:------------
Jennifer Ott
City Manager
RECOMMENDED FOR APPROVAL:
By: -------------
Abby Thome-Lyman
Base Reuse and Economic
Development Director
APPROVED AS TO FORM:
City Attorney
By: -------------
Len Aslanian
Assistant City Attorney
Named Insured includes: Cushman & Wakefield of California, Inc.
POLICY PRO-
JECT LOC
OTHER:
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
THIS CERTIFICATE I S ISSUED AS A MAT TER OF INFORMATIO N ONLY AND CONFE RS NO RIGHTS UPO N THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVEL Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVER AGE AFFORDED BY THE POLICIES BELOW. THIS CERT IFICATE OF INSURA NCE DOES NOT CO NSTITUTE A CONTR ACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND T HE CERTIFICATE HOLDER.
IMPORTANT: If the c ertificate holder is an ADDITIONAL INSUR ED, the policy(ies) m ust have ADDITIONA L INSURED provision s or be endorsed.
If SUBROGATION IS WAIVED, subject to t he terms and conditi ons of the policy, ce rtain policies may re quire an endorsemen t. A statement on this certificate does not confer rights to the certificate holder in l ieu of such endorsem ent(s).
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMB ER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS TED BELOW HAVE B EEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POL ICY PERIOD INDICATED. NOTWIT HSTANDING ANY RE QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY B E ISSUED OR MAY PERTAIN, THE INSU RANCE AFFORDED BY THE POLICIES D ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C ONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABI LITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
WORKERS COMPEN SATION
AND EMPLOYERS' L IABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER
STATUTE OTH-
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLD ER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N OTICE WILL BE D ELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPR ESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. Al l rights reserved.
The ACORD name an d logo are registered marks of ACORD Each Claim $2,000,000
See Attached
A PSDEF2300578 12/31/2023 12/31/20 24
1/25/2024
E&O - MPL - Primary
Cushman & Wakefield U.S., Inc.
225 West Wacker Drive, Suite 3000
Chicago, IL 60606
Aon UK Limited
122 Leadenhall Street
London
EC3V 4AN United Kingdom
City of Alameda
Attn: Risk Manager
2263 Santa Clara Ave.
Alameda, CA 94501 USA
1095881
.
23-24 C&W U.S./Cassidy E&O
Named Insured includes: Cushman & Wakefield of California, Inc.
As respects Errors and Omissions Liability policy PSDEF2300578, Aon Risk Services Central, Inc. is generating and distributing this certificate in an administrative capacity. Aon UK Limited is the broker for the defined policy.
Aggregate $2,000,000Claims-Made Policy; SIR applies per SIR $ 350,000policy terms & conditions
Limits shown are as requested
1095881
PROFESSIONAL INDEMNITY COVERAGE – PRIMARY
NAMED INSUREDS:
Cushman & Wakefield, Inc.
Cushman & Wakefield U.S., Inc.
C&W Facility Services dba C&W Services
Cushman & Wakefield Solutions, LLC
Cushman & Wakefield ULC
Policy No. PSDEF2300578
Liberty Mutual Insurance Co. – 15.88%
Great Lakes Insurance SE (Munich RE Group) – 30%
XL Insurance Company SE – 15.88%
Greenwich Insurance Co. – 19.48%
Allied World Assurance Co. Ltd. Australia Branch – 14%
Lloyd’s of London Syndicate 1274 – 4.76%
ADDITIONAL REMARKS SCHEDULE
LOC #:
AGENCY CUSTOMER ID:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Evidence of Professional Indemnity Insurance
NAMED INSURED
EFFECTIVE DATE: 12/31/2023 to 12/31/2024
NAIC CODE
See Below
CARRIER
See Below
POLICY NUMBER
AGENCY
Aon UK Limited See Below
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 101 (2008/01)
Named Insured includes: Cushman & Wakefield of California, Inc. The City, the City Council, Alameda Power and Telecom, Alameda Housing Authority, the Successor Agency of the
POLICY PRO-
JECT LOC
OTHER:
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
THIS CERTIFICATE I S ISSUED AS A MAT TER OF INFORMATIO N ONLY AND CONFE RS NO RIGHTS UPO N THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVEL Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVER AGE AFFORDED BY THE POLICIES BELOW. THIS CERT IFICATE OF INSURA NCE DOES NOT CO NSTITUTE A CONTR ACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND T HE CERTIFICATE HOLDER.
IMPORTANT: If the c ertificate holder is an ADDITIONAL INSUR ED, the policy(ies) m ust have ADDITIONA L INSURED provision s or be endorsed.
If SUBROGATION IS WAIVED, subject to t he terms and conditi ons of the policy, ce rtain policies may re quire an endorsemen t. A statement on this certificate does not confer rights to the certificate holder in l ieu of such endorsem ent(s).
PRODUCER CONTACT
NAME:
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMB ER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS TED BELOW HAVE B EEN ISSUED TO THE INSURED NAMED A BOVE FOR THE POL ICY PERIOD INDICATED. NOTWIT HSTANDING ANY RE QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY B E ISSUED OR MAY PERTAIN, THE INSU RANCE AFFORDED BY THE POLICIES D ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C ONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABI LITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
WORKERS COMPEN SATION
AND EMPLOYERS' L IABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER
STATUTE OTH-
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLD ER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, N OTICE WILL BE D ELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPR ESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. Al l rights reserved.
The ACORD name an d logo are registered marks of ACORD ACE American Insurance Company
Travelers Property Cas Co of America
The Charter Oak Fire Insurance Company
The Standard Fire Ins Co
A 1/1/2024 1/1/2025 2,000,000
2,000,000
NA
2,000,000
4,000,000
4,000,000
B TC2JCAP-4286L417-TIL -24 1/1/2024 1/1/2025 2,000,000
C UB-0P135893-24-51-K (AOS)
UB-8N678063-24-51-R (AZ, WI)
1/1/2024 1/1/2025
1,000,000
1,000,000
1,000,000
1/25/2024
TWXJUB-4286L405-TIL-24 (OH)
750,000SIR
Cushman & Wakefield U.S., Inc.
225 West Wacker Drive, Suite 3000
Chicago, IL 60606
Marsh USA, LLC
540 W. Madison
Chicago, IL 60661
City of Alameda
Attn: Risk Manager
2263 Santa Clara Ave.
Alameda, CA 94501 USA
1097418
D
B
1/1/2024 1/1/2025
1/1/2024 1/1/2025
22667
25674
25615
19070
N
24-25 GLALWC (Cush&Wake U.S. Inc.)
Policy above includes $500,000 SIR
XSL G48907398
Named Insured includes: Cushman & Wakefield of California, Inc. The City, the City Council, Alameda Power and Telecom, Alameda Housing Authority, the Successor Agency of the Community Improvement Commission of the City of Alameda, and their respective boards, commissions, officers, employees, agents and vol1mteers are included as an Additional Insured in regards to General Liability and Auto Liability solely with respect to claims arising out of Cushman & Wakefield U. S. Inc. acts while on the premises for Cushman & Wakefield U.S. Inc. operations with the Certificate Holder as required by written contract or agreement and where allowed by law. Insurance afforded to the Additional Insureds in regards to General Liability and Auto Liability shall apply as primary insurance and any other insurance carried by the Certificate Holder will not contribute with this insurance and is limited to liability arising out of the operations of the Named Insured where required by written contract and where allowed by law. We waive any right of recovery we have against any person or organization when the Named Insured has agreed to such a waiver in a written contract executed prior to loss.
X
X
X
X
X
Limits shown are as requested
1097418