Loading...
HomeMy WebLinkAboutCATHLEEN FORCUCCI DANCE ACADEMY 2AGREEMENT TERMINATION , MZ,11 —d; Please complete this form when the attached agreement ,iees no longer in effect. C 3 &3 Return form to the Sr. Deputy Clerk of the Council (M`3(3 'Ca11647' Sf' - if y questions. The agreement with 2Q� l �`f7K Ll,t /tee No.Q have any � aoog J P3�t?� Y was completed on L , and final payment went has been made. Department: pgk_x`s Signature: I Date: i City of Santa Ana Revised 3 -2 -07 Clerk of the Council !J'lliUR~N1:f. ON FlLf. WORK M~v ~KOCEED UNTIL 11~~uRANCE EXPIRES I;;' - 'f-07 CLERK OF COUNCIL DATE: ^/.-.ao - 07 N-2007-046 I: PRLs. (~) ~ .l1'Lt~ CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 27th day of February, 2007 by and between Cathleen Forcucci Dance Academy, a California General Partnership (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Cali fomi a (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of instructing Hip-Hop/Jazz dance classes. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term ofthis Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter ofthis Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured( s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Reserved c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 3 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 To Consultant: Leanna Forcucci-Heron 8485 Venus Drive Buena Park, California 90620 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent 4 with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses ofthis Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations ofthe United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 5 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify the other party fully, including reasonable costs and attorney's fees for any injuries or damages to a party in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CTTY OF SANTA ANA ~ ~_ ~ ~ ~ 'PATRICI.~ E. HEALY DAVID N. RE I Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: La eedy Assistant City Atto ney GERARDO MOL~ET Executive Directo of Parks, Recreation and Community Services AL: CONSULTANT ~~ A ORCUC~ -HERON artner ~ S 3~ ~ ~~ ~ 3 Tax ID# EXHIBIT A SCOPE OF SERVICES Consultant shall provide beginning Hip-Hop /Jazz dance instruction for youth, ages 11 to 18, as follows: • Consultant shall instruct one-hour classes, once a week during six-week sessions. • Consultant shall determine the date, time and location of classes with the approval of the City. Consultant may adjust the schedule, based on the availability of rooms in the City's facility. • Each class shall have a minimum of 8 and a maximum of 25, registered and paid participants. • If the minimum registration has not been reached by the first class, the class may be cancelled by mutual agreement of Consultant and City, with no compensation owed Consultant for any cancelled class session. FEES • Each participant shall pay a $45.00 class registration fee per six-week session. • No refunds will be made to participants after the first week of class unless the class is cancelled by the Parks, Recreation and Community Services Agency. • City shall collect registration fees from each participant. Consultant shall refer interested students to City for registration. • Consultant shall receive seventy percent (70%) of total fees collected for the classes within fifteen (15) working days after completion of each class session. City shall retain thirty percent (30%) ofthe fees collected. • Consultant agrees that City shall be entitled to audit Consultant's records and classes to ensure compliance with this Agreement and that all participants are registered. • Consultant may not waive class participation/registration fees. • City shall prepare class rosters and provide a copy to Consultant. Only registered participants, listed on roster, may participate in class. To'. City of Santa Ana Fzom: Jennifer FGrmaneck 9-23-07 11:30aN p. 1 of 9 :From: Wood Gutmann & Bogart Insurance Brokers @C@~'"~-t?~l ~t 1 ~ 15901 Red Hill Ave., Suite 100 ii Tustin CA 92780 C~rlificadea MkiWrMrcB 6 bvidtLtee of PrW~enY Phone. 7T4 505.7000 Fax. 714 573.1770 License No 0675263 www.wghib.com From: Jennifer Formaneck T0: SUbJect: Certification of Insurance Cathleen Forcuccl Dance City of Santa Ana Date: 4123/2007 20 Civic Center Plaza Delivery Via: FAx 17146476515 Santa Ana CA 92701 No. of Pages: 9 This document was created by eCertsONLINE. The attached or linked document(s) contain certification of insurance coverage for the insured named In the sul~ect above. Your company is listed as the organization requesting receipt of these documents. Please renew the coverages listed, as this document may reference only certain lines of coverage for renewal purposes only If the certificate references specific lines of coverage that have recently renewed, you will receive updated certifcates as appropriate, as the successive policies also renew If this document is sent via a-mail, you must click on the link below The linked document is in a pdF format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free; visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/Agency listed on the attachedllinked documents. To find out more about how you can create, send and receroe all of your Certificates of Insurance or Evidences of Property documents via email, fax, US mail or next day mail, call Insurance Visions at (800} 497-9996, or visit our web site at www eCertsONLINE com. Click on the following link to retrieve and print the documents THIS MESSAGE IS INTENUEU FOR THE USE OF THE INUNIOUAL OR ENTRN TO WHICN 0 h PDURESSEU AND IMY CONTRIN INFORM1NiIOX THAT IS PNVEEGEU. CCNFNENTNL AXO t%EMPT rRO~d UISCLOWRF ONOER APPICA&E LAW.IF 1HE READER [f THE MESSAGE 6 NOT THE NINIENOEO RELIPIENi, OR THE EMPLINEC OR AG[NT RCSPoN51&[ FOR UEIIVERNG THE ME55AG[ TG THE INTENUEC R[CIPIENT. VOU AR[ IIERFOY NO-FIFC THAT ANY f,55EMINATION, UISTRI&ITION OR COPYING OF THIS COAMINIr.ATION IS STRIfiIY PRCNIMTFC. P YIXI HAVE RFCEIYEC TNIS CriMWN¢ATION IN FRROR. %FASF NOTIFY 115 IMMFOIATEI Y RY ItItPHONL. ANO RCTNRX THE ORIGINAL ME55AGC 10115 Ai THE AaOVf AllURE55 VW REGHLAR POSiAl SLRVICE. 1HN'H.:Q('Q /TJ'Un1111e. C'ORi 6?UOT InsiTraice ViJioru inc. To: City of Santa Ana From: Jennifer Formaneck 9-23-07 11:30am p. 2 of 9 HCQR~ 4LT4~FffUl"lA~~.~1- ~~Y^{Ui L~E 1 ~''IY+171'u'~11IV4~ ~"„ Dere (mNtld'YYI. 4/23/2007 Prntlucer Jennifer Formaneck THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY ANU CONflRS NO RIGHTS UPON I HE CLN I IF ICAr! HOLUER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE te 1 OO S 15901 R d Hill A COVERAGE AFFORDED BY THE POLICIES BELOW. ve., UI e CA 92780 T i ust n 714505.7000 INSURER Zurich US www wgbib.com License No 0679263 INSURER InsureN INSURER thleen Forcucci Dance C a Academy, Fullerton INSURER 3040 Ma St RLR I Riverside CA 92506 N E COVERAGES >. THE POLICIES OF INSURANCE LISTED L W HAVE BEEN ISSUED TO THE INSl1RED NAM D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIf.H THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S1181ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POI ICY EFFECTIVE EXPIRATION NSR IYP! OF INSURANCE POLICY NUMBER DATE DATE IIMI15 ITR G FNFRAI I IABILITV EACH OCGIIRRFNGF E A COMMERCIAL GFNFRAI. DAB PPSO42823782 12/4/2006 12/4/2007 DRe nAMAr,F (An one fire x CI AIMS MADE T~OCCUR MEO E%P An nne hn A 1 Tenant Leal L PERSONAI FAOV INJURY 5 1 GFNFRAI ACGRF GATT E GE NT AGG OMIT APPI IFS PER PRODlIGTS~COMPfOP AGO 8 PC11CY RDJELT IOC ~ A A UTOMOBILE l IABII ITV PPSO42823782 12/4/2006 12/4/2007 COMBINED SINf,I F I IMIT 1 000 000 ANY AUTO s ALI OWNED Al1TO5 BODILY INJURY SfHFDIII FD AUTOS IPer person) 5 HIRFO AUTOS BODILY INJURY NON-0WNFO AlIT05 (Per eccitler[I 4 PROPERTY OAMAGC (Per eccltlenp 5 G ARAGE L IABII ITY AUTO IXJI V - FA ACCIDENT 8 ANY AlITO OTHER THAN FA ACC $ AUTOIXJLY ACT, s FXCFS51 IABII ITY EACH OCCIIRRFNCF 3 OCCUR ~ CEAIMS MADE ~~ ~ f n : AGGREGATE B ., , i L ",l . L..i / t,1 1 f J : 1 ~;: OfIX1C118LE A RETENTION 3 - $ WORKERS' COMPENSATION & p - STATUTORY I IMIT THE -. EMPLOYERS' I IABILITV ~ FL EACH ACCIDENT 5 ' - ~ • EL DISEASE FA FMPI OYFF 5 Yid+~~ ~Y iaU . EL DISEASE ~POLILY IIMIi 5 DE RIPTI N F PFRATI N L ATI N EHI LE EX LU I N ADDED BY END R EMENT P IAL PR VI I N City of Santa Ana and their respective officers, emplo ees, agents volunteers and representatives are named as an as an additional insured per attached endorsement CG 20 26 0704. primary wording, GL per form 9S2001 04 99 Waiver applies per form CG 24 04 10 93 his certificate supersedes all others previously issued CERT16{GATE HUL6fR `,;' CANCELLATION + GL W01Ver SMDIII D ANV OF iHF ABOVE DESCRIBED P01 If, IFS BF CANCFI I FO BEFORE THE THE ISSUING COMPANY WII I ~~S MAII EXPIRATION DATE THEREOF CI of Santa Ana 'r . , 3O ~ _ __ DAYS WRITTEN NOTICE TO THE CERTIFICATE H01 DhR NAMED TO THE LEFT. BUi FAII l1RF TO MAIL SUCH NOTIC.F SHAH IMPOSE NO OBI IGATION OR LIABII ITV OF ANV KIND UPON THE COMPANY ITS AGENTS OR REPRF~ terPlaza 20C i C SENTATIVFS 'iBDaysforNOnfaymentotPremlum IV c en Santa Ana CA 92701 AUTHIX21zE0 REPRESENTATIVE ~f/~~~~~/J_~~' '~'~,~~~i~[J~~ ~ ~e~ Peer Barsky A~dJfU 2&S ('Ff870 ~ " ~. ~ ~ ~ACQRDCORPORATIQN 9486 ~~ To: Clty of Santa Ana Ftom: Sennifet Fotmaneck 4-23-Di 11:30am p. 3 of 9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate hdder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pdicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hdder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form tloes not constitute a comract between the issuing insurer(s), authorizetl mpresentative or producer, and the certificate hdder, nor does it affirmatively or negatively amend, extend or aher the coverage afforded by the poicies listed thereon. 7 -- a_.r::~. ACORD 25 (2007706) created at www.e CettsONLIN Ecom To: City of Santa Ana Ftom~. lennifec Foi'maneck 4-23-O1 11:30am p. 4 of 9 POLICY NUMBER PPSO42823782 Cathleen Forcucci Dance Academy, Fullerton COMMERCIAL GENERAL LIABILITY CG 24 04 16 93 4!23/2007 THIS ENDORSEMENT CHANGES 7HE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided untler the following. SCHEDULE Name of Person or Organization: City of Santa Ana 20 Civlc Center Plaza Santa Ana CA 92701 (If no entry appears above, information required to complete this endorsement will he shown in the Declarations as applicable to this endarsementJ The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMERCIAL GENERAL LIABILITY CONDITIONS} is amendetl by the addition nF the following: We waive any right of recovery we may have against the person or organization shown in the Schetlule above because of payments wit make for injury or damage arising orr[ of your ongoing operatons or 'your work' done under a comract with that person or organization and indutled in the 'protlucts-completed operations hazard' This waiver applies only to ffie person or organization shown in the Schedule above, f ~i~~v ~.J :~A~:J i~.) dEJ i"1~~ u~~ ,~,~ 3~~ I~~~:; sl ,- ~%~~~, - A,.,.,i,.a,, c'Iry Atlnr~..;y cG za oa tD 99 To: City of Santa Ana From: 7ennifer Fotmaneck -0-23-07 11:30am p. 5 of 9 Cathleen Forcucci Dance Academy, Fullerton PPSO42823782 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 ~n 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 kability of the +ndemntee rn a contract or agreement that is an "in- sured contract", 6. This +assurance applies to such Inability 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 "assured 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 antl the interests of the indem- nitee: e. 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: (11 Agrees in writing to: (al 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". Icl Notify any other insurer whose coverage is available to the in- demnitee; and ;dl Cooperate with us with respect to coordinating other applicable insurance available to <he indem- nitee: and 412 312 0 0 7 l21 Provides us with written author¢a- tion to !as Obtain records and other infor- mation related to the "suit', and Ibl Conduct and control the defense of the indemntee in such suit' So Tong as the above conditions are met. attorneys fees incurred by us in the de- fense of that indemnitee, necessary Irtiga- tion expenses incurred by us and necessary litigation expenses incurred by the indemni- tee ac our request will be paid as Supple- mentary Payments. Notwithstanding the pro- vis+ons of Paragraph 2.b.t2i of SECTION t - COVERAGE A - BOOILY IhUl1RY AND PROP- ERTY DAM1NiGE tiABiLITY such payments wi0 not 6e deemed to be damages for °bodily injury' and 'property damage' and wdl 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 lima 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 INSI~tED If you are designated in the Declarations as a. An individual. you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner b. A partnership or jo+nt 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, ioint venture or limited liability com- pany, you are an insured. Your "execu- tiveofficers" 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 liabibty as stockholoers. \"`J ~. 4~ ~ ~' C C~ C~ C ma..,, c=owwmaa . ~a of i„~:,.c. s..,,~,., arc. ~:..,m~,,.,,, 952001 Ed. 4-99 `'°"'`. ~asw~v ~'m;:~.:,°S; ~„ e~:':.~ .~,,.o., p c..ww"• ~sss, u,.y~ ~ - sae~e -~~~ , age 8 Of 17 70: City of Santa Ana Ftom: dennifec Fotmaneck 9-23-07 11:30am p. 6 of 9 Your subsidiaries. and subsidiaries of subsidiaries, are insureds if' i1) They are legally incorporated entr ties, and 121 You own more than 50% of the vot- ing stock in them as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of this policy. 2. Each of 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 companyl or your managers fif you are a limited li- ability companyl, but only far acts within the scope of their employment by you or while performing duties related to the conduct of your business. However. none of these"employees" is an insured for: (11 "Bodily injury" or "personal and ad- vertising injury". lal To you, to your partners or members (if you area partner- ship or joint venture), to your members lif you are a limited li- ability companyl, or to a co-"em- ployee" uvhile tftat co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business: (bl To the spouse, child, parent, brother or sister of that co='em- ployee" as a consequence of Paragraph {1Na1 above; Icl For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs i1Ha1 or lbl above; or (dt Arising out of his or her provid- ing or failing to provide profes- sional health care services. cised for any purpose by you, any of your "employees", any partner or member iif you are a partnership or joint venture). or any member iif you are a hmlted liability company). b Any person Sother than your "empioyee'i. or any organization while acting as your real estate manager c. Any person or organization having proper temporary custody of your property if you die, but only: il) With respect io liability arising out of the maintenance or use of that property; and 12) Until your legal representative 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: I11 To any vendor, concessionaire, les- sor of leased egwpment, grantor of a franchise, engineer, architect or surveyor; or (21 Unless the contract has been signed prior to the date of "bodily injury", "property damage", or "persanal or advertising injury' f. Any person or organization to whom you are obligated by virtue of a written "in- sured contract' to provide insurance such as is afforded by this policy. but only with respect to liability arising out of the ownership, maintenance, or use of that part of any premises leased to you. This does not apply to: (1) Any "occurrence' that takes place after you cease to be a tenant on those premises. 121 "Property dxnage" to property: f21 Structural alterations, new construc- lal Owned, occupied or used by, tion or demolition operations per ml Rented to, in the care, custody formed by or on behalf of such in- or control of, or over which sured physical control is being exar- Innun.. ceorngpue m r.a m ~. ane,..a s ornc. ~ .. o•.m..m +GP4~~ a Sv • Olec 55> 952001 Ed. a-99 ~...,,,., 1595. w.,,. a ~.,..„ ~_~,:.... ,..aa~,o:, ,.., ..e ,.~,.., Page 9 of 17 ~O f~ i = <' r~+.: ,v'~I. ` I~ ~. t, f To: City of Santa Ana ~'~s Fzom: dennifet Fotmaneck g. Any state or political subtlivision, but only as respects legal liability incurred by [he 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: I11 The existence. maintenance, repair, construction, erection, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners or decorations and similar exposures; (21 The construction, erection or re- moval Of elevators; Or 131 The ownership, maintenance or use of any elevators covered 6y this in- surance 3. With respect to "mobile equipment' regis- tered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any otherper- son or organization responsible for the con- duct of such person is also an insured. but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. however, no person or organization is an insured with respect to: a. "bodily injury" to a co='employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occu- pied by you or the employer of any person who is an insured under this pro- vision. 9-23-07 11:30am p. 7 c Coverage 8 does not apply to personal and advertising injury" ansing out of an offense commitfed before you acquired or formed the organization No person or organrzation is an insured wrtn respect to the conduct of any current or past partnership, joint venture or limned I:abil4y com- pany that is not shown as a Named Insured in ;he Declarations. SECTION Ill -LIMITS OF INSURANCE The Limits of Insurance shown in the Dec- taraaons and the rules below fix the most we will pay regardless of the number of a. Insureds. b. Claims made or "'suns" brought: or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the 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. 3. 4. 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 connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. The Products-Completed Operations Ag- gregate Limit is the most we wil! pay under Coverage A far damages because of "bodrl y injury" and "property damage" included in the "products-completed operations hazard" Subject to 2. above, the Personal and Ad- vertising Injury Limit is the most we will pay under Coverage 8 for the sum of all dam- ages because of all "personal and adverbs ing injury" sustained by any one person or organization. Subject to 2. or 3. above. whichever ap- plies, the Eaeh Occurrence Limit is the most we will pay tar the sum of 4 Any organization you newly acquire or form, other than a partnership or joins venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However g, a. Coverage under this provision is afforded only until the 180th 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 "bodily injury" or "property damage" that oc- curred before you acquired or formed the organization; and a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury' and "property damage" arising out of any one "occurrence' fi. Subject to 5. above, the Tenants Legal Li- ability Limit is the most we wd1 pay under of 9 .; f r. ~ n ~f , C ~ v ', ~' ~\ - E ~,! wcwe..:.cr,wnue m of m , Sv.~c., ou,:.. ~ ~ s ...-~ma. c.oy~.~~~ ..'s.~ ,n~c ., 'r s= 952001 Ed 4-99 c.>.,.,~~, suer. M ,v..e c,,:."~~ yam,::, , ~..',e~,,,, ,,, ,,, ,,,,o,. Page 10 of 17 To: City of Santa Ana From, Jennifer Focmaneck 9-23-07 11:30am p. 8 of 9 Cathleen Forcucci Dance Academy, Fullerton PPS042823782 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 providedby theCoverage 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 orother coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 5. Other hsurance If other valid and cotlectible instrance 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 hsuranca 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 hsurance This insurance is excess over: 11) Any of the other insurance, whether primary, excess, contingent or on any other basis: (ai That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; bl That insures for direct physical loss to premises rented to you or temporarily occupied by you with permission of the owner; (c) 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 6y you with permission of the owner; or ld) 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 4/23/2007 SECTION I - COVERAGE A - BODN.Y NJURY AND PROPERTY DAMAGE LIAB~IN. (21 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 6 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 Excass 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 6y 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 r~ ~ ~ =~'~ .__i „y "; t;; f 0«,'VI ~_/~_/_~~y~J=Q) 7 P a..:; taar uLY Atiur,,; Irtludes apyri~ted ire~ena'~ of Ircvarca Srvi®s Offiw. Irr:, th is asmssm y cp~iyn. ' N rarParry, as tc aaanma tent arA misms 9S2001 Ed, 4-99 r s~ "~°~^~a ~~ ~~ oro« ~ ~~ Page 12 of 17 To~~ Clty of Santa Ana Cathleen Forcucci Dance Academy, Fullerton POLICY NUMBER: PFSO42823782 4123!2007 CONTAERCIAL GENERAL LIABILITY CG 2fl 26 W 00. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the folbwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name OF Additional Insured Person(s) CK Q' nization151 Informatan r used to lets this Schedule, rf not shaven above, will 6e shown in the Declarations. Section II Who Is An Insured is amended to in- clude as an additional insured the pasonls) or or- ganizationlsl shown in the Schedule, but only with respect to liability fa 'bodily injury'", "property dam- age" or "personal and advertising injury" caused, in wf>vle tr in pat, by your acts or omissions or the acts or omissions d those acting on yoir behalf: A In the performance of your ongoing operations: or B. In connection with your premises awned by a rented to you. Fxom: dennifex Foxmaneck 9-Z3-117 11:30am p. 9 of 9 ~~- r -- Laura SLtt 5~;...e~y A ssrsta ut Ciiy Atior :ey CG 20 2B 07 04 Copyright, ISO Properties, Inc . 2004 Page 1 of 1 ~ N- 20{)7 -04b 1.c~Rb~ ICE RTIFI CATE OF LIABILITY INSURANCE Dale (mmldd/yy) 1/2/2008 Producer Bobbie Detki THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bosart 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 714505.7000 INSURER Maryland Casualty Company www.wgbib.com A License No. 0679263 INSURER R Insured INSURER Cathleen Forcucci Dance r. Academy, Fullerton INSURER n 3040 Mary St CA 92506 INSURER Riverside E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1 A Itp;MERCIAl GENERAL L1AB PPS42823782 12/4/2007 12/4/2008 FIRE DAMAGE (Anv one f~c) $ nf1f 17 CLAIMS MADE 00CCUR MED EXP (Anv one nerson) $ JU 000 ~ *TenantLegl [ PERSONAL & ADV INJURY $ ~. GENERAL AGGREGATE $ ~N'l AGG LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ hpOllCY r'PROJECT n lOC $ A ~UTOMOBILE LIABILITY PPS42823782 12/4/2007 12/4/2008 COMBINED SINGLE LIMIT $ 1 000 000 f- ANY AUTO _ All OWNED AUTOS BODilY INJURY 7' SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY !... NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE - (Per accident) $ ~~RAGE LIABILITY AUTO ONLY - EA ACCIOENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ :::::J OCCUR 0 CLAIMS MAOE AGGREGATE $ $ ~~EDUCTIBLE $ RETEN liON $ $ WORKERS' COMPENSATION & TSTATUTORY LIMIT T OTHER EMPLOYERS' LIABILITY El EACH ACCIOENT $ El OISEASE - EA EMPLOYEE $ El OISEASE . POLICY LIMIT $ DES ;RIPTION OF opERA TIONS/lOCA TIONSIVEHIt.:LEs/EXt.:LUSIONS Auu~u .NUORSlMENT 'SPECIAL PROVTSR: ~s City of Santa Ana and their respective officers, emflo~ees, aJlents, volunteers and representatives are named as an as an additional insured ~er attached endorsemen C 20 2 0704. primary wording, GL per form 9S2001 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 for Non-Payment of Premium Santa Ana CA 92701 AuTHORIZED REPRESENTATIVE ~,f1rd-- j' '.~ 1-~-1., J: __ ,j /, ; Jeff Sachs ACORD 25-$ (7/97) I / €>ACORD CORPORATION 1988 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, 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), 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-$ (7/97) created at www.eCertsONlINE.com POLICY NUMBER PPS42823782 Cathleen Forcucci Dance Academy, Fullerton COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 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 organization and included in the 'products-completed operations hazard', This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Cathleen Forcucci Dance Academy, Fullerton \ -: "~" 9 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 withrn 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 interests of the indem- nitee; e. 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: ( ,) Agrees in writing to: (a) Cooperate with us in the inves- tigation, settlement or defense of the "suit"; (bl Immediately send us copies of any demands. notices. sum- monses or legal papers received in connection with the "suit"; (c} Notify any other insurer whose coverage is available to the in- demnitee; and (dl Cooperate with us with respect to coordinating ather applicable insurance available to the indem- nitee; and PPS42823782 1/2/2008 (2) Provides us with written authOriza- tion to: (al Obtain records and other infor- mation related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suif'. 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 expenses incurred by the indemni- tee at our request will be paid as Supple- mentary Payments. Notwithstanding the pro- visions of Paragraph 2.b.(2) of SECTION I - COVffiAGE A - BODILY IN.Jl.RY AND PROP- ERlY DAMAGE LIABILITY. such payments will not be deemed to be damages for "bodily injury" and "property damage" CInd 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 limit 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 respect 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 ather 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. 9S200 1 Ed. 4-99 In(hlC:l.~ cOllyr1qhlld l'lIat.r,.1 01 l'UIlUllC. S.r""'CI$ Ollie I, Inc.. *"l'" .IS llI.r.....'n'o~ C,pvlilJhl, 1~,uf'"C. S."...ell Ollie., me 1~97 COPY'II]"'. 1999. ""'';'11/1'' CUUoIlI'f' Cllm"....,., ., III .4d,luuul 'I..t ."d r.y.t.~nl Page 8 of 17 1 :1"1 Your subsidiaries, and subsidianes of subsidiaries, are insureds if: (ll They are legally incorporated enti- ties; and (2) You own more than 50"10 of the vot- ing stock in them as of the effectIve date of this policy. If such subsidiaries are not shown In the Declarations, you must report them to us within 180 days of the inception of this policy. 2, Each of 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 company~ 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 these "employees" is an insured for: (1) "Bodily injury" or "personal and ad- vertising injury": (al To you, to your partners or members (if you are a partner- ship or joint venture), to your members lif you are a limited li- ability company!. or to a co-"em- ployee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business; (h) To the spouse, child. parent, brother or sister of that co-"em- ployae" as a consequence of Paragraph 11lla) above; (cl For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a1 or (h) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2) "Property damage" to property: (a) 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 of your "employees", any partner or member lif you are a partnership or joint venture!. or any member (if you are a limited liability company). b Any person (other than your "employee''), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: ( I) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representatIve has been appointed. d, Your legal representative if you die. but only with respect to dutJes 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 fiability arising out of your operations, "your work" or facilities owned or used by you. This provision does not apply: III To any vendor, concessionaire, les- sor of leased equipment, grantor of a franchise, engineer, architect or surveyor; or (2) Unless the contract has been signed prior to the date of "bodily injury", "property damage", or "personal or advertising injury". f, Any person or organization to whom you are obligated by virtue of a written "in- sured contract" to provide insurance such as is afforded .by this policy, but only with respect to liability arising out of the ownership, maintenance. or use of that part of any premises leased to you. This does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant on those premises. <2/ Structural alterations, new construc- tion or demolition operations per- formed by or on behalf of such in- sured. 952001 Ed. 4-99 \nduQ.S r:Oo;lyr;'lql.d "".-tit.... a\ 'nsl.l'./'Ic. S"v,t;.s CHi.,;.. \..1: ~'1~ '\1 p,rm'l1,lefl C~g"'f1.~1 1111111'.....(. S,',,'cu OttIC., .n!: 1 '!!I? C<a,.~'ll1hl. 1999, ~"r.,.l.j":1 C.,...r,v C~"'O'I\YI A' fO ..dq'I'lll..1 t.llt ."d '.V(IIOftS Page90f 17 ; J I'J8 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 ;n connec- tion with premises you own. rent, or control for one <Jf the hazards listed below: ( 1) The existence. maintenance. repair. construction. erection. or removal of advertising signs, awnings. cano- pies, cellar entrances, coal holes. driveways. manholes, marquees, hoistaway openings, sidewalk vaults, street banners or decorations and similar exposures; (2t The construction. erection or re- moval of elevators; or 13) The ownership, maintenance or use of any elevators covered by this in- surance. 3. With respect to "mobile equipment" regis- tered in your name under any motor vehicle registration law. any person is an insured while driving such equipment along a public highway witl1 your permission. Any other per- son or organization responsible for the con- duct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment. and only if 1"10 other ir.surance of any kind is available to that person or organization for this liability. However. no person or organization is an insured with respect to: 3. "Bodily injury" to a co-"employee" of the person driving the equipment or b. "Property damage" to property owned by, rented to, in the charge of or occu- pied by you or the employer of any person who is an insured LXlder this pro- vision. 4. Any organization you newly acquire or form. other than a partnership or joint venture. and over which you maintain ownership or majority interest. will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th 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 "bodily 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: 3. insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" 2. The General Aggregate Limit is the most we will pay for the sum of: 3. 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 connecting lots, or premises whose connection is interrupted only by a street. roadway, waterway or right-at-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- vertising Injury Limit is the most we will pay under Coverage B for the sum of all dam- ages because of all "personal and advertis- ing injury" sustained by anyone person or organization. 5. 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 expenses under Coverage C because of all "bodily injury" and "property damage" arismg out of anyone "occurrence". 6. Subject to 5_ above. the Tenants Legal li- ability Limit is the most we will pay under 952001 Ed 4-99 I~CIVd'l ~aPY'lqhl.d mll,r,,,l 01 "U~r.nl:' S,'Vle.. OHic_, lilt" ...,,/1 .ts gl'''''!.SS)Ur1 CllCyrll}/1l, ""'H.n". S.r",'". Olil,.. 'fIC;.. 1'9; CQ,ll)/'I?IU, 1999, h4....yl.I'ld. C,n...n... CQ"'"...."'. n 10 'OClll..,.,1I ~'.l ~~c .......".Qr'I, Page 10 of 17 Cathleen Forcucci 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 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 nsurance 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 Joss to premises rented to you or temporarily occupied by you with permission of the owner; (c) 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 (dl 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 PPS42823782 1/2/2008 SECTION I - COVERAGE A - BODILY INJ~Y AND PROPERTY DAMAGE LIABLITY. (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 Sha-ing 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 9S200 1 Ed. 4-99 frdudas o::pvrigrted mlteriaf of Il"iSlI"af"lCll Services Office, Inc. VIlitf'1 Its psmss;cn Cqlyrilf1t. lMU"arce Services Office. Ire. 1997 Cq:>'ITi!1t. 1009. Mlrylal'd ea....lly Carpany. as to adelli<nll text.1'd revisicns Page 12 of 17 Cathleen Forcucci Dance Academy, Fullerton 1/2/2008 COMVIERCIAL GENERAL LIABILITY CG 20 26 (J7 ()'J POLICY NUMBER: PPS42823782 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZA liON This endorsement modifies insurance p-ovided under the follcwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Information reQuired to corrolete this Schedule. if not shewn above. will be shown in the Declarations. Section II 'Noo Is An Insured is amended to in- clude as an additional inslXed the person(sl or cr- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injlrY", "p-operty dam- age" or "personal and advertising injLrY" caused, in wt-ole or in part. by yell" acts or omissions or the acts or emissions of thOse acting on yO'J behalf: A. In tl1e performance of your ongoing operations: or B. In connection with yOlr lXemises ONl'led by or rented to you. CG 20?6 r:J7 04 Copyright. ISO Properties. Inc., 2004 Page 1 of 1 o