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Home My WebLink AboutCATHLEEN FORCUCCI DANCE ACADEMY 1-2005 . fW'lJF,\!\!i~:- \ 'i:'JU)Ri{ :~li:Y-1 -) ~ t ) . "f"I'. 1"S,nc: 'I ,I },PlRES ';11 I '~O -~W ( J:c_Ij_., ---:-- ,..~ "..' f\ "'1 CLUJ.> fJi.G\...IJ.'ll '\ l_ Dl'rE 'i ~ //-.u w N-2004-045-03 If Pro/'t (1jJ ( C . -rtuwpP..u-..s:> THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is entered into this 22nd day of December, 2005, by and between Cathleen Forcucci Dance Academy ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement N-2004-045, dated May 5, 2004, (hereinafter "said Agreement") by which Consultant has instructed Hip Hop I Jazz dance classes through the City's leisure class program. B. In accordance with the terms and conditions of said Agreement, the parties wish to renew said Agreement for an additional one-year period and to increase the compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to aH the terms and conditions of said Agreement, as previously amended, except those amended in this Third Amendment to Consultant Agreement, the parties agree as foHows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Exhibit A-I, attached to the First Amendment to Agreement. The total sum to be expended under this Agreement shall not exceed $10,000.00, annually, during the term of said Agreement." 2. Section 3, TERM shall be amended to extend the term through December 31,2006. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and etlect. II II II IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA ~. "~1) (-7?,LA-.DC-C'-<.'"J!-e- -"""'PATRlC!.'" E. HEALY Clerk of the Council aMc2- DAVID N. REAM City Manager APPROVED AS TO FORM: ~'~~ io-v 0 EPH W. FLETCHER J City Attorney CATHLEEN FORCUCCI DANCE ACADEMY APPROVED AS TO CONTENT: y/.....::-. . <.- GERARDO M Executive Direct And Community ET - Parks, Recreation ervices Agency AN Title) ACOfllY ICERTIFICATE OF LIABILITY INSURANCE ... I Date (mmfddlyy) 4/5/2006 Prod~ Sandi Fredericksen THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Al"'fER THE COVERAGE AFFORDED BY THE POLICIES BElOW. 15901 Red Hill Ave., uite 100 IN UR A DI R Tustin CA 92780 714505.7000 INSURER Zurich US www.wgbib.com A License No. 0679263 INSURER Insured B Cathleen Forcucci Dance INSURER C 3040 Mary St INSURER Riverside CA D COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POllCV PERIOD INDICATED. NOTWITHSTANDING ANV 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER "~,,.B~~~yy M,.B!;67yY LIMITS f'o. GENERAL LIABILITY EACH OCCURRENCE $ '~ =:JTERCIAL GENERAL UAB 042823782 121412005 121412006 FIRE DAMAGE (Anv 1 fire) $ CLAIMS MADE IZJOCCUR MED EXP (An '"' erson) $ 'Tenant Legal PERSONAL & ADV INJURY $ 1,U' GENERAL AGGREGATE $ GEN'l AGG LIMIT APPLIES PER PRODUGTS-GOMP/OP AGG $ ~-~OLlCY nPROJEG~ [-kOG $ 'A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT OOC ANY AUTO 042823782 121412005 121412006 $ 1,000 ALL OWNED AUTOS eODILY INJURY SCHEDULED AUTOS (Per person) $ ~ HIRED AUTOS BOOllY INJURY NON-OWNED AUTOS (Perilccident) $ ~ PROPERTY DAMAGE (Perilccident) $ :1~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ .,,' ( 'j AUTO ONLY: AGG $ :]eCESS LIABILITY '/!2; // EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE j'-f AGGREGATE $ " $ =i~EDUCTIBlE l'</~-'f- '-''- .- $ RETENTION $ .,-.--' --~'-7i,- ;-,_ . .' ..' $ WORKERS' COMPENSATION & '. !'.;. ., STATUTORY LIMIT '"' EMPLOYERS' LIABILITY EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ El DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City Of Santa Ana and their respective officers,emglo.('eesgagentshvolunteers and representatives are named as an additional insured per attached endorsement 9S2 0 04 9 whic includes primary wording GL Waiver af,Plies per form CG 24 04 10 93. This certifica e suoersedes all others nreviouslv issued. CERTIFICATE HOLDER CANCELLAtiON .. .... .. AIr primary+GL Waiver SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL~)f.() MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,~~)"lll(ll()OOOIj(NlXIl~l!I~ l!IJ(JWlOO(XI( X~~ 20 Civic Center Plaza ~X * 10 Davs for Non.Payment of Premium Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE ~ .!:rr-"-< ;6~ Peter Barsky ACORD 25-5(7/97) crElated atwW\IV.eCertsONUNE.com G ACORD CORPORATiON 19 88 IV- 20[)7 -04b ~coi}y ICERTIFICATE OF LIABILITY INSURANCE Ollte(mmlddlyy) I 1/2/2008 Producer Bobbie Delki THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTifiCATE HOLDER. Wood Gutmann & BOgart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 15901 Red Hill Ave., uite 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 714 505.7000 INS~RER Maryland Casualty Company www.wgbib.com License No. 0679263 INS~RER Insured INS~RER Cathleen Forcucci Dance Academy, Fullerton INS~RER 3040 Mary St INSURER Riverside CA 92506 E COVERAGES THE POLICIES OF INSURANCE LISTED Bt:.lOW HAVE BtEN ISSUEu 10 THE IN::JUl!tl? NAMt.Ll pBOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLlCY INSR EFFECTIVE EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ A D~MERC'AL GENERAL LIAS PPS42823782 12/4/2007 12/4/2008 FIRE DAMAGE (An one rlfC) $ 11 CLAIMS MADE [lJOCCUR MEDEXP (Anvone erson) $ 000 "Tenent LeQI [ PERSONAL lit ADV INJURY . 1.000 0 GENEML AGGREGATE $ h~'l AGG lIM~PLlES~~ PRODUCTS-COMP/OP AGG $ POLICY ROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUlD PP842823782 12/4/2007 12/4/2008 $ 1 000 000 I- ALL OWNED AUTOS BODlL Y INJURY ~ SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NQN.{)WNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ pRAGE LIABILITY AUTO QNL Y . EA ACCIDENT $ ANY AUTO OTHER THAN fAACC S AUTO ONLY: AGG $ =.J;CESS LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ =4~EDUCTlBlE $ $ RETENIIDN $ $ WORKERS' COMPENSATION & STATUTORY LIMIT TH' EMPLOYERS' LIABILITY El EACH ACCIDENT $ EL OISEASE. EA EMPLOYEE $ El OISEASE . POLICY LIMIT $ DES :RIPTlON OF OPERA TlONSJLOCA TIONSNEHICLESIEX 'ENOUR,cMENr. ,PECIAL ,,"OV"" " City of Santa Ana and their respective officers, 8mrlo~ees, a~entsl volunteers and representatives are named as an as an additional insured ~er attached endorsemen C 202 0704. primary wording, GL per form 982001 04 99 Waiver applies per form G 24 04 10 93 This certificate supersedes all others previously issued. CERTIFICATE HOLDER CANCELLATION All + GL Waiver SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. 20 Civic Center Plaza SENTATIVES. -10 Days tor Non-Payment of Premium Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE -141yU- '~l '-1 . .6,. . Jeff Sachs ACORD 25-5 (7/97) I / €)ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poltcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the teons 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer. and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.eCertsONlINE.com POLlCY NUMBER PPS42823782 Cathleen Forcucci Dance Academy, Fullerton COMMERCIAL GENERAL \.lABILITY CG24041093 1/2/2008 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: SCHEDULE Name of Person or Organization: City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV . COMMERCIAL GENERAL LIABILITY 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 above because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organizalion and included in the 'products-completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule above. CG24041093 Cathleen Forcucci Dance Academy, Fullerton I ~ ..~" g. All Interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid. of- fered to pay. or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an Indemnitee of the insured is also named as a party to the "suit". we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "In- sured contract"; b This Insurance applies to such liability assumed by the insured: c The obligation to defend. or the cost of the defense of. that indemnitee. has also been assumed by the insured in the same "insured contract", d. The allegations in the "suit" and the in- formation we know about the "occur- rence" are such that no conflict appears to exist between the interests of the insured and the intsrests of the indem- nitee; a. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: ( 1) Agrees in writing to: lal Cooperate with us in the inves- tigation, settlement or defense of the "suit": Ibl Immediately send us copies of any demands. notices. sum- monses or legal papers received in connection with the "suit", (e) Notify any other insurer whose coverage is available to tMe in- demnitee; and (dl Cooperate with uS with respect to coordinating other applicable insurance available to the indem- nitee; and PPS42823782 1/2/2008 (2) Provides us with written authOrIza- tion to: (a} Obtain records and other lnfor~ mati on related to the "suit'". and lbl Conduct and control the defense of the indemnitee in such" suit" So long as the above conditions are met, attorneys' fees incurred by us In the de- fense of that indemnitee. necessary lItiga- tion expenses incurred by us and necessary litigation e;<psnses incurred by the indemni- tee at our request will be paid as Supple- mentary Payments- Notwithstanding the pro- visions of Paragraph 2.b.(21 of SECTION I - CQVBlAGE A - BOOIL Y ~Y AND PROP- ERTY DAMAGE UABIUTY, such payments will not be deemed to be damages for "bodily injury" and "property damage" and WIll not reduce the limits of insurance. Our obligation to defend an insured's indem- nitee and to pay for attorneys' fees and nec- essary litigation expenses as Supplemen- tary Payments ends when: a. We have used up the applicable lim.t of insurance in the payment of judgments or settlements; or b. The conditions set forth above. or the terms of the agreement described in Paragraph f. above. are no longer met. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual. you and your spouse are insureds, but only with r.spect to the conduct of a business of which you are the sole owner b. A partnership or joint venture, you are an insured Your members. your part- ners, and their spouses are also insureds. but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds. but only with respect to the conduct of your business. Your managers are in- sureds. but only with respect to theIr duties as your managers. d. An organization other than a partner- ship. joint venture or limited liability com- pany, you are an insured. Your "execu- tive officers" and directors are insureds. but only with respect to their duties as your officers or directors. Your stock- holders are also insureds. but only with respect to their liability as stockholders. 952001 Ed 4-99 In~l.d.. "py,,~hlf~ ";0,.,,.1 DI 1_1.,"0<' s..~'o.. OUi.., I~" ",.,. '.. ~.,."".,.~ ::.~y"'~" 1,,,,lnc. ~.r~':" Ollieo, "'< 1~9] ::.~y~q" Ig99, 1Il..y..d C.,..lly :o""....y, .. I. .6~.".n.1 'oo' ..~ "~,,,.n' PageBof 17 '," Your subsidiaries, and subsfdianes of subsidiaries, are insureds if' 111 They are legally incorporated enti- ties; and 121 You own more than 50% 01 the vot- ing stock in them as of the effective date 01 this policy. If such subsjdiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of this policy. 2. Each 01 the follOWing is also an insured: a. Your "employees", other than either your "executive officers" (if you are an or- ganization other than a partnership. joint venture or limited liability campany~ or your managers (if you are a limited li- ability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of thase "employees" is an insured lor' 111 "Bodily injury" or "personal and ad- vertising injury". lal To you. to your partners or members lif you are a partner- ship or joint venture), to your members lif you are a limited li- ability companyl. or to a co-"em- ployee" while thatco-"employee" is either in the course of his or her employment or performing duties related to the conduct 01 your business; Ibl To the spouse, child, parent, brother or sister of that co-"em- ployee" as a consequence of Paragraph I1llal above; (c) For which there is ~ny obligation to share damages with or repay someone else who must pay damages because 01 the Injury described in Paragraphs (1)(a1 or (b) above; or Idl Arising out of his or her provid- ing or failing to provide prafes- siona~ health care services. 121 "Property damage" to property: ial Owned, occupied or used by, (b) Rented to. in the care, custody or control of, or over which physical control is being exer- cised for any purpose by you, any 01 your "employees". any partner or member Iii you are a partnership or joint venturel. or any member iii you are a limited liability company). b Any person lother than your "employee'!. or any organization while acting as your real estate manager. c Any person or organization having proper temporary custody 01 your property il you die. but only: III With respect to liability arising out of the maintenance or use of tha[ property; and 121 Until your legal representatove has been appointed. d. Your legal representative if you die. but only with respect to dutIes as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization with whom you agree, because of a written con- tract, to provide insurance such as is afforded under this poliCY. but only with respect to liability arising out of your operations, "your work" or facilities owned or used by you. This provision does not apply: (1) To any vendor, concessionaire, les- sor of leased equipment, grantor of a Iranchise, engineer. architect or surveyor; or 121 Unless the contract has been signed prior to the date 01 "bodily injury", "property damage", or "personal or advertising injury". I Any person or organization to whom you are obligated by virtue 01 a wrinen "in- $l"t'ed contract' to provide insurance such as is alforded by this policy. but only with respect to liability arising out 01 the ownership. maintenance. or use of that part of any j)r.mises leased to you. This does not apply to: ill Any "occurrence" that takes place alter you cease to be a tenant on those premises. (2) Structural alterations. new construc- tion or demolition operations per- lormed by or on behalf 01 such in- sured. 95200' Ed. 4-99 I~<!"<loo. <DH,,~~'.4 ....\.".\ .j ."'"'O"'. 5.,..,u, 0;"'0_ '"' "".,h ~I ."",'n'" Copy"'"' lo,,".u !O.'~'"" Otl,e.. 'n" ,'97 c..~""" 18~'. "h,v"U Cnwo"V C,,,,.uv, .. '" '00"'0.0' 'ut ,n. ,.","." Page 901 17 J"lij g. Any state or political subdivision, but only as respects legal liability incurred by the state or political subdivision solely be- cause it has issued a permit in connec- tion with premises you own, rent. or control for one of the hazards listed below: (1) The existence. maintenance. repair, construction, erection, or removal of advertising signs. awnings, cano- pies. cellar entrances. coal holas. driveways. manholes. marquees, noistaway open;ngs.. sidewalk vaults, street banners or decorations and similar exposures; (2.1 The construction, erection or re- moval of elevators; or (3) The ownership. maintenance or use of any elevators covered by tl1is in- surance. 3. With respect to "mobile equipment" regis- tered in your nama under any motor vehicle registration law. any person is an insured while driving such equipment along a public highway with your permission. Any other per- son or organization responsible for the con- duct of suoh person is also an jnsl"Jred, but only with respect to liability arising out of ths operation of the equipment. and only jf no otl1er insurance of any kind is available to that person or organilation for this liabmty. However, no person or organization is an insured with respect to: a. "Bodily injury" to a cO-"8mploye8~ of the person driving tl1e equipment or b. "Property damage" to property owned by, rented to, in the charge of or occu- pied by you or the employer of my person who is an insured LI"lder this pro- vlsion. 4. Any organization you newly acquire or form, otl1er tl1an a partnersl1ip or joint venture, and over which you maintain ownership or ma;ority interest. will qualify as a Named Insured if there is no other similar insurance avaHable to that organiz.ation. However: a. Coverage under this provision is afforded only until tl1e 180tl1 day after you ac- quire or form the organization or the end of the policy period, whichever is earlier; b Coverage A does not apply to .'bodiiy injury". or "property damage" that oc- curred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acqUired or formed the organization. No person or organization IS an insured with respect to the conduct of any current or past partnership, joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1 The Limits of Insurance shown in the Dec- larations and the rules below fiX the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" 2. Tl1e General Aggregate Limit is the most we will pay for tl1e sum of: a. Damages under Coverage A, except damages because of "bodily injury" or "property damage'. included in the "prod- ucts-completed operations hazard": and b. Damages under Coverage B. The General Aggregate Limit applies sepa- rately to each location owned by or rented to you. Location, as used here, means pre- mises involving the same or cOl1necting lots. or premises wl10se connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 3 The Products-Completed Operations Ag- gregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Ad- vertismg Injury Limit is the most we will pay under Coverage B for tl1e sum of all dam- ages because of illI "personill and advertis- ing injury" sustained by anyone person or organization. 6. Subject to 2.. or 3. above. whichever ap- plies. the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A: and b. Medical eKpenses under Coverage C because of all "bodily injury" and "pf"opel"'ty damage" ariSing out of anyone "occurrence". 6. Subject to 5. above, the Tenants Legal lr- ability Limit is the most we will pay under 9S200 1 Ed 4-99 ''''.il1 o.~y"q~'.<l m."".' 01 ,~..,,"u S..v;<n Ofl,o.. Ito~_. ..,'~ ," p.'....",." COOy"')II'. .."...... s...,... Otf,~.. '.... us, C.p.,,~Il'. 199~. ....'v..nQ {;H',oj<,\, (''''p..y, .. ,. u"*,,.... 'h'''O 'tV.""", Page 1 0 of 17 Cathleen Forcucei Dance Academy, Fullerton With respect to "mobile equipment" to which this insurance applies: a. When this Coverage Part is certified as proof of financial responsibility under the provisions of any motor vehicle fi- nancial responsibility law, the insurance provided by 1I1e Coverage Part for Bodily Injury Liability or Property Damage Li- ability will comply with ttJe provisions of the law to the extent of the coverage and limits of insurance required by that law. b. We will provide any liability, uninsured motorists, underinsured motorists, no- fault or other coverages required by any motor vehicle insurance iaw. We will provide the required limits for those coverages. 5. Other Insur ance If other valid and collectible insurance is avail- able to 1I1e insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Prinwy Insurance This insurance is primary except when b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (hI That insures for direct physical loss to premises rented to you or temporarily occupied by you with permission 0 f the owner; (cl That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d) If 1I1e loss arises out of the main- tenance or use of aircraft, "au- tos" or watercraft to the extent not subject to Exclusion g. of PPS42823782 1/2/2008 SECTION I . COVERAGE A - BOOB.. Y INJURY AND PROPERTY DAMAGE LIABLlTY. (2) Any other primary insurance avail- able to you covering liability for dam- ages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (11 The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of ail deductible and self- insured amounts under ail that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to apply in excess of the Limits of Insur- ance shown in the Declarations of this Coverage Part c. Method Of Sharing If all of the other insurance permits con- tribution by equal shares, we wiil follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains. whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. 6. Premium Audit 9S200 1 Ed. 4-99 Includas o:pyrio1>ted rratl!lri.1 d II'lSlIlII1OII Sevia15 OffiQl. Irw::. wtn I~ perTriuim CcpyIict1t 11'llllJ'.at'al $lrvICM Office, Inc. 19S7 Ccpyr1g.t. 1999. Mllyr'rd Cm.elty Cmplny. u to addb(J'lll text am revi.icns Page 12 of 17 Cathleen Forcueci Dance Academy, Fullerton 1/2/2008 COM\llERCIAL GENERAL LIABILITY CG 2O:iI6fJ7 04 POLICY NUMBER: PPS42823782 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. ADDITIONAL INSURED - DESIGNA lED PERSON OR ORGANIZA liON This endorsement modaies insurance provided under the folkMing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured PErson!sl 01'" OI'"aanizationlsl Infonmation r""uired to CO!T'Olete this Schedule. a not sheWn above. will be shown in the Declarations. Section II Wro Is An Insured is anended to in- clude as an additional inslTed the personls I or c:r ganizationls) shcNvn in the Schedule. but only with respect 10 liability for 'bodily injlTY". "property dam- age" or "personal and advertising injlTY" caused, in wt-ole 0- in pa'l, by yoU' acts 0- omissions or the acts or omiSSions of 1I1Ose acting on yolT behalf: A. In the perfonmance of yolT ongoing "'Erations: 0- B. In connection with YOlT p-emises owned by cr rented to you. CG LO :>6 fJ7 04 CopYright. ISO Propemes, Inc. 2004 Page 1 of 1 o ACORO 25-5 (7/97) IMPORTANT If the certificate holder is an ADDITIQNAlINSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authoriz.ed representative or producer, and the certificate holder, nOT does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. f~ ,I? - - --------.,.--',- created at www.eCertsONLlNE.com Cathleen Forcucci Dance 042823782 3/21/2006 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: IIf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement, WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Cepfrigt. IllSU"lU"I:I:I Scr,Ii~ Office. Ire. \984 POLICY NUMBER 042823782 Cathleen Foreueei Dance COMMERCIAL GENERAL LIABILITY CG24041093 3/21/2006 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: SCHEDULE Name of Person or Organization: City of Santa Ana Peggy Calvert 20 Civic Center Plaza Santa Ana CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV . COMMERCIAL GENERAL LIABILITY 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 above because of payments we make for injury or damage arising out of your ongoing operations or '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. /:~::/~ / / / I CG 24041093 \./1 i 1 . \~< Cathleen Forcucci Dance With respect to "mobile equipment' to which this insurance applies: a. When this Coverage Part is certified as proof of financial responsibility under the provisions of any motor vehicle fi- nancial responsibility law, the insurance provided by the Coverage Part for Bodily Injury Liability or Property Damage Li- ability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. We will provide any liability, uninsured motorists, underinsured motorists, no- fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 5. Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (h) That insures for direct physical loss to premises rented to you or temporarily occupied by you with permission of the owner; (cl That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "au- tos" or watercraft to the extent not subject to Exclusion g. of " L\ 042823782 4/5/2006 SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY. (2) Any other primary insurance avail- able to you covering liability for dam- ages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any claim or "suit' if any other insurer has a duty to defend the insured against that claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to apply in excess of the Limits of Insur- ance shown in the Declarations of this Coverage Part c. Method Of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. 6. Premium Audit 952001 Ed. 4-99 Irdldes cq:l'(lig,ted I1llterial of Insu-ance Services Office. Inc. v.ith its p6lTlissicn ~dt. IIlSlSiII10II ~Ioes Office. Inc. 1997 Cc:pvrigt. 1999. IVIIryfand CaSUillty Carpilny. as to addilicnal text lIrd revisicns Page 12 of 17