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HomeMy WebLinkAboutO ENTERTAINMENT, INC. 2BAGREEMENT TERMINATION��JUL 2Y FM 4: 50 Please complete this form when the attached agreement is no longer in effect. CITY OF SANTA ANA Return form to the Sr. Deputy Clerk of the Council (M 304% t(6 5Q29YiVy& have any questions. The agreement with o %i LVL6--i Ao , No../, Q)((M was completed on t1,311 q , and final payment has been made. Department: F 4 Signature:`} (�( Date: LD- ► l"T City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANCE ON FILE WOW( MAY PROCEED A-2005-015-02 UNTIL INSURANCE EXPIRES • 5-a5-o8 UMOF�COIJNCIL DATE: 7-6-0? OTRCS(2) NON-EXCLUSIVE AGREEMENT TO PROVIDE CARNIVALS AT CITY PARKS CC• "lhor"pkm� THIS AGREEMENT, made and entered into this day of 2007 by O Entertainment, Inc., (hereinafter "Operator"), and the City of Santa Ana, charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS On November 1, 2004, the City issued a Request For Proposals for carnival operators to provide carnivals at specified City owned parks. Operator submitted a proposal to provide carnival services Operator represents that Operator is able and willing to provide carnival services as specified in the Request For Proposals to the City. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in its field and that any services performed by Operator under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional carnival operator in the field. NOW THEREFORE, in consideration of the mutual and respective promises set forth herein, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: PREMISES AND USE (A) The City of Santa Ana owns the following community park ("Park") within its boundaries: Jerome Park, located at 2115 W. McFadden Ave., Santa Ana. City hereby grants to the Operator a non-exclusive, revocable user agreement to encroach upon the specific areas of the above stated Park ("Carnival Areas") delineated in the rendering of the Park attached hereto Exhibit "A", for the purpose of providing a carnival ("Carnival Event") and for no other purpose. Operator shall provide one (1) Carnival Event at Jerome Park during the term of this Agreement on dates approved by the Executive Director of Parks, Recreation and Community Services Agency as set forth in Section 3 hereof. (B) The right and permission of Operator is subordinate to the prior and paramount right of the City to use the City owned Parks described herein above in their entirety for public purposes to which they presently are and may, at the option of the City, be devoted. Operator agrees to use the Carnival Areas at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Parks by the City, its residents and guests. (C) Operator hereby acknowledges that title to the Parks is vested in the City and agrees never to assail or challenge the same, and further agrees that Operator's use and occupancy of the Carnival Areas within the Parks shall be limited solely to the permission for such use and occupancy granted herein. (D) As a covenant to this Agreement, Operator agrees to adhere to and comply with all of the terms, conditions and responsibilities enumerated in the Request For Proposals, RFP 04- 129-PRCSA, issue date November 1, 2004, (hereinafter "RFP") attached hereto as Exhibit "B" and incorporated herein by reference. Any failure to adhere to and comply with the terms, conditions and responsibilities enumerated in the Request For Proposal, RFP 04-129-PRCSA shall be deemed a breach of this Agreement and of the RFP. (E) The parties hereto agree that if, at the sole discretion of the City, a Carnival Event should not proceed on the dates set forth in Section 3 hereof due to foul or inclement weather, the City at its discretion may grant Operator alternative dates for the conducting of the Carnival Event within the term of this Agreement. If Operator desires to obtain alternative dates as provided in this paragraph, Operator must timely request the same from City. 2. SCOPE OF SERVICES Operator shall provide at the Park identified in Section 3 hereof a full service Carnival Event complete with the rides, equipment and services as set forth in the RFP (Exhibit B) to this Agreement. 3. FEES/DEPOSITS/PERMITS/LICENSES At least 10 days prior to the commencement date of the Carnival Event as set forth below, Operator shall pay to City the applicable fee for use of the Carnival Area as further set forth below. Operator agrees to pay the City and City agrees to accept from Operator the following fees per Carnival Event. Park/ Carnival Dates Fee Jerome Park June 29, 30, July 1 and $7,000.00 2, 2007 In addition to the fees set forth herein, Operator shall pay all required City fees and deposits including the fees for police services and Park clean up, and obtain all required permits and licenses as detailed in the RFP, Exhibit B hereto. All fees and deposits shall be due and payable as set forth in the RFP. A late charge of 10% shall be applied to the fee amount after any payment is due but unpaid. In addition, an interest charge of one and one-half percent (1 1/2%) per month will be added to for each month that any fee or portion thereof remains due and unpaid. 4. SECURITY DEPOSIT Contemporaneously with the execution of this Agreement, Operator shall deposit with City the additional sum of $5,000.00 as a security deposit. The deposit shall be held by City, without liability for interest, as security for the faithful performance by Operator of all the terms, covenants, and conditions of this Agreement to be kept and performed by Operator during the Term of this Agreement, or any extension thereof, and including the removal of Operator's facilities as set forth herein. Assuming successful completion of all terms and conditions of this Agreement, including those within the RFP, the security deposit and any unused fees shall be returned within 60 days of the final carnival event provided for herein. 5. TERM This Agreement shall commence on the date first written above and terminate on January 31, 2008 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for an additional 1 year term at the City's sole discretion through a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 6. NON -POSSESSORY INTEREST City retains full possession of the Park and Carnival Area and Operator will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Operator will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. 7. NON RECORDING Neither party shall record this Agreement 8. RECORD KEEPING AND AUDIT A. Operator shall establish and maintain separate accounting records for each Carnival Event at the specified Parks. Operator's accounting system shall conform to generally - accepted accounting principles and all records shall provide a breakdown of total costs and revenues associated with the Park Carnival Events. B. All Operator's records of revenues and repairs pertaining to the Carnival Events referenced herein shall be kept for the duration of this Agreement and made available at all times for audit by City upon request 9. INDEPENDENT CONTRACTOR Operator 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 Operator performs the services which are the subject matter of this Agreement; however, the services to be provided by Operator shall be provided in a manner consistent with all applicable standards and regulations governing such services. Operator 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. 10. INSURANCE Prior to undertaking performance of any work relative to a Carnival Event under this Agreement, Operator shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Operator shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 Operator'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 $5,000,000.00 per occurrence. Operator shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit B to the RFP, Exhibit B hereto, upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Operator, if Operator has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Operator agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000.00 per accident. D. If Operator is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000.00 per claim. E. The following requirements apply to the insurance to be provided by Operator pursuant to this section: i. Operator shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 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; and shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." iv. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with the City. F. If Operator 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. Operator agrees to indemnify the City for any work performed prior to approval of insurance by the City. 11. INDEWNIFICATION Operator agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, special counsel, and representatives from liability: (1) 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 Operator or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Sections 1, 2 and 3 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Agreement or by reason of the terms of, or effects, arising from this Agreement. The Operator 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 challenging the validity of this Agreement, or 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. Operator shall protect, defend, indemnify and save and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or any failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees. 12. TRASH/UTILITIES/CLEANUP Operator is responsible for the collection and disposal of all trash as specified in the RFP (Exhibit B) including the providing of the required 40 yard roll -off dumpsters. Operator is responsible for the continuous cleaning of the City Park, including the restrooms, at all times while acting pursuant to this agreement as set forth in paragraphs A2 — A4 of the RFP. The area to be cleaned includes the parking lots and the surrounding neighborhood and streets. Further, with the exception of the City supplying two (2) potable water hookups as set forth in paragraph A9 of the RFP, Operator is responsible for supplying all utilities to be used during the Carnival Events, including supplying the required portable toilets as specified in the RFP. 13. HAZARDOUS MATERIALS Operator represents and warrants that its use of the Carnival Area herein will not generate any hazardous substance, and it will not store or dispose on the Park and/or Carnival Area nor transport to or over the Park and/or Carnival Area any hazardous substance. Operator further agrees to clean-up and remediate any hazardous substance on the Park and/or Carnival Area and Property, and hold City harmless from and indemnify City against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of City, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 14. WASTE OR NUISANCE Operator shall not commit or permit the commission by others of any waste on the Park or Carnival Areas. Operator shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Park or Carnival Areas; and Operator shall not use or permit the use of the Park or Carnival Areas for any unlawful purpose. 15. PUBLIC NECESSITY City may immediately temporarily suspend operation of this Agreement and the Carnival Event in the event of public necessity or emergency, as may be determined by the City Manager. Such suspension will terminate when the public necessity or emergency no longer exists. 11 16. ON -SITE OFFICE One (1) trailer -type vehicle will be allowed to park in the Carnival Area, in a location pre -determined by the Park Superintendent, to be used exclusively as a business office by Operator. This vehicle must be equipped as an office and used only as such. Under no circumstances is this vehicle to be used for sleeping accommodations while on Park premises. The office vehicle will be allowed on the premises for the period provided for all other carnival equipment pursuant to the RFP. 17. LIENS Operator will not permit any mechanics' or materialmens' or other liens to stand against the City Park or Carnival Area by reason of any use or occupancy by Operator, or any person claiming under Operator. 18. TERMINATION IN THE EVENT OF CASUALTY OR CONDEMNATION In the event of any damage, destruction or condemnation of the Park and/or Carnival Area, which renders the Park and / or Carnival Area unusable or inoperable in Operator's judgment, Operator shall have the right, but not the obligation, to terminate the Agreement with respect to the subject Carnival Area by giving written notice to the City within thirty (30) days after such damage, destruction or condemnation. If by virtue of such damage, destruction or condemnation, City determines that the Park and / or Carnival Area is no longer adequate for Operator to continue its operations, or any repairs to the Park and / or Carnival Area to remedy such damage, destruction or condemnation have not been completed or cannot reasonably be completed outside of forty-five (45) days from the date of the up coming scheduled carnival, City may terminate this Agreement upon thirty (30) written notice to Operator. In the event of condemnation, unless Operator is allowed by the condemning authority to continue its operations in the Carnival Area, this Agreement shall terminate as of the date title to the Property vests in the condemning authority or Operator is required to cease its operations, whichever is earlier. If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to City. 19. TERMINATION This Agreement may be terminated by the City without cause upon thirty (30) days written notice of termination. City may terminate this Agreement for cause upon three (3) days written notice for any violation of the terms contained herein. 20. DEFAULT BY OPERATOR Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified elsewhere in this Agreement and the attached RFP, re-enter and regain possession of the Carnival Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. 21. INSOLVENCY OF OPERATOR The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Carnival Area. 22. CUMULATIVE REMEDIES The remedies given to City in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 23. WAIVER OF BREACH The waiver by City of any breach by Operator of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Operator either of the same or another provision of this Agreement. 24. CONFLICT OF INTEREST CLAUSE Operator 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. 25. 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, addressed to the party concerned as follows: 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 copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana and, 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Operator: O Entertainment, Inc. Attn: Roy Hassett 539 East Bixby Road, Suite 59 Long Beach, CA 90807 Telephone (562) 495-5959 Telefacsimile (562) 495-5961 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 26. CONTRACT ADMINISTRATOR The Executive Director of Parks Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 27. COMPLIANCE WITH LAWS Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and Operator's facilities whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted, The judgment of any court of competent jurisdiction, or the admission by Operator in a proceeding brought against Operator by any government entity, that Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and Operator and shall be considered grounds for termination of this Agreement by City. Operator will obtain all permits and other governmental approvals, required in connection with Operator's activities hereunder, and update such permits/approvals as necessary. 28. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, 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, including the RFP, 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 Operator. Each parry 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 parties, which are not embodied herein. 29. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Operator, Operator 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 Operators retained by City. 30. NON-DISCRIMINATION Operator 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. Operator affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 31. JURISDICTION- VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this 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. 32. ATTORNEY'S FEES Except as otherwise provided in this Agreement, in the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. to 33. PROFESSIONAL LICENSES Operator 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 of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Operator shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 34. BINDING ON HEIRS AND SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. 30. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination, or expiration of this Agreement, shall so survive 35. MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City 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. (� C \V\r\y�� S \L\\. r oX it Jv` -=sQ ,20b—( IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA DAVID N. RE I City Manager Entertainment, Inc. (Print Name) a s Tax I.D. # 47-0895492 RECOMMENDED FOR AP ROVAL: Gerardo Mouet Executive Director the Parks Recreation an Community Services Agency APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 0 City Attorney 12 ATTEST: PATRICIA E. HEAL Clerk of the Council MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero May 30, 2007 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • P.O. BOX'1988 SANTA ANA, CALIFORNIA 92702 Parks, Recreation and Community Services Agency (714)571-4200 Roy Hassett O Entertainment 539 E. Bixby Road Suite #59 Long Beach, CA 90807 Dear Mr. Hassett: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy This letter is in response to your May 21, 2007 letter discussing the June 29 to July 2, 2007 carnival set for Jerome Park. Your letter makes two requests: (1) Change the post event inspection from Tuesday, July 3 at 3:00 p.m. to Wednesday, July 4 at 3.00 p.m. Because experience has shown that Santa Ana residents go to Jerome Park to celebrate Independence Day, I must insist that you abide by the timeline that was discussed and agreed upon at the pre -event meeting. The post event inspection will take place on Tuesday, July 3 at 3:00 p.m. Jerome Park must be free of debris and have all carnival equipment removed by this date and time. As you know, there will be many private activities at the park on July 4. (2.) Change the fee due date from June 12, 2007 to June 20, 2007. In order for the City of Santa Ana to process the fees assessed for the carnival with adequate time provided, a total of 10 business days is required. This means that the absolute latest date for fee submission is June 12, 2007. I regret the inconvenience to you. Please feel free to telephone me at 714 571-4277 if you would like to discuss these questions further. Sincerely, 'C Lorraine Lazarine-McCarty Community Affairs Manager c: Gerardo Monet Mike Lopez Juan Lopez Robert Carroll MAY-22-2007 TUE 01:15 PM FAX NO, 407 645 2810 P. 01102 CERTIFICATE OF INSURANCE I PRODUCER ' DATE ISSUED: 05/04/2007(reviscd# 1)i)5/16/2007 COMPANY, (revised # 2) (15/22/2007 LESTER KALMANSON AGENCY, INC, IDO% C:h'RTAIN UNDERWRITERS AT LLOYD'S I P.O. BOX 94NA8 LONL)ON MAITLAND, 171, 32794-0008 POLICY NUMBER: NCM06574 PH. (467) 645.5000 FAX: (407) 645.2810 \; �MED INSURED: EFFECTIVE DATE EXPIRATION HATE: C ENTERTAINMENT, INC. C/O ROY HASSUT'I" 05/25/2007 05125/2008 539 E. BIXBY ROAD, A 59 LONG BEACH, CALIFORNIA 90813 (BOTH DAYS AT 12:01 A.M. LOCAL STANDARD LIME) CO V k'RAG - 1NFORMAJ'ION -- 7141 S :S TO CERTIFY THAT THE POLICY(S) OF INSURANCE LISTED BP,LOW HAVE BEEN ISSUED TO THIS INS ;RED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM(S; OR ONDITION(S) OF ANY CONTRACT OR OTHER DOCUMENT' WITH RESPECT TO WHJCJ-I 'JHIS CERTIFICATE(!) MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE: POLICIES DESCRIBED HEREIN IS SUB,R'.CT TO ALL THE TERMS, EXCLUSIONS AND/OR CONDITIONS OF SUCH POL)CIES.LIMITS, OF LIABILITY SHOWN MAY I LAVE BEEN REDUCED BY ANY PAID CLAIMS LIMITS .. - I,�t :SNZRAL.PlABILITY GENERAI,ACJGREGAFEt $2,000,00).(10 C.LAII:S MADE LIMITED PRODUCTS AOGREGA'I E $-0- X OWNERS, LANDLORDS, & TENANTS PERSONAL & ADV. INJURY' S-0- EACH OCCURRENCE: S 1,000,0(1) 00 RE: RO DATE: 05/25/2006 FIRE DAMAGE (ANYONE FIRb) $•0- rADWTIONAL INSURFD(S). THE CITY OF SANTA ANA: AND TIDE CITY OP SANTA ANA LOCATED AT 20 CIVI -' CENTER ?LAVA SANTA ANA CA WFORNIA 92701, TFIF:IR RESPECTIVE OFFICERS, FMPLOYELS, AGENTS, VOLCN'IEEI:S AND REPRESENTATIVES, SANTA ANLADEPARTMEN'T OF PARKS AND RECREATION, JEROME PARK 4rH OF JULY SiARL HEREBY ADDED AS ADDITIONAL INSURED ONLY ASTHEIR INTE,RtrST MAY APPEAR IN RESPECTS TO Tilt OPERATION(S) PERFORMED I3Y THE NAMED IN.SUREDAND/OR IT'S LMPLOYEE(S) ONLY "THIS POLICY IS PRINTARY AND NON-CONTRIBUTORY" 8 , T ACFP0 ADDENDUM "A" FOR DESCRIPTION OF LIABILITY COVV'RAGE(S) AFFORDED. EVENT OATE(S): TUNE 25, 2007 THR00013 JUJE 28, 2007 (S I, I' -UP) DUNE 29, 2007 THROUGH JULY 03, 2007 (EVEKT) JUI Y 04,2007 (TAKE -DOWN) LOCATION: JEROMF PARK SANTA ANA CALIFORNIA 92701 "t-ISr ' CERT I,"ICATE IS ISSUED AS A MATTGR OF INFORMATION ONLI' AND CONFERS NO RIGHTS UPON TF E _z':-':'ICATE' IOLDER.TI ITS CERTIFICATE DOES NOT AMEND, F.X'FEND OR ALTER THE COVERAGE(S) Aft ORDRD IN 71ic POLICY(S) LISTED. "LIMITS SHOWN ARE THOSE IN EFFECT AS OF POLICY INCEP'C(ON." SHOULD ANY OF TI IL ABOVE DESCRIBED POLICY(S) BE CANCELLED BEFOR)5 THE EXPIRATION DATE THI'.REOF, 7NE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER BS'L)W. BUT FAILURE 1'0 MAIL SUCH N0TICC SHALI. IMPOSE NO OBLIGATION($) 5d LLIBILI FY(S) OP AN 'l X:.N_' UPON THE L'OMPANY. IT'S AGENTS &!OR REPRESENTATIVES &JOR K.ALMANSO ET At. CERTIFICATE IIOLDER / ADDITIONAL INSURED: AUTHORIZED R _PRESP.'TATIVE: f TF.E CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92701 CERTIFICATE MAILED TO CERT HOLDER ON 05/1612D07 F.AX# 562/495.5961 714/571-4209 i X _ MITCHEL ' .MANSt)N/PRESIDE'\"T"T 1S ILA. L I,y I ,,, .l c--%Cv7 flt Gl 16 P�1 FAX NO. 407 645 2810 P. 02/02 C L A I M S M A D E A D D E N D U M " A" F O R 0 ENTERTAINMENT, INC. --------------------------------------------------------------------- AGENCY: LESTER KALMANSON AGENCY INC. P.O. BOX 940008 MAITLAND, FLORIDA - U.S.A. PH: 407-645-5000 FAX: 407-645-2810 - 1- - F�L--CY PERIOD / TERM: 05/25/07 TO 05/25/0$ (12:01 AM LOCAL STANDARD TIME) ---------------------------------------------------------------------- POLICY / BINDER NUMBER: NCMDv59a -------------------------------------------------------_--_---------- o,SCRIPTION OF CLAIMS MADE LIABILITY INSURANCE COVERAGES) AFFORDED: ASPECTATOR LIABILITY COVERAGE IS AFFORDED FOR THE SUPPLYING OF VARIOUS CONTRACTED TALENTS / ACTS TO BE SUPPLIED BY THE NAMED INSURED &/OR IT'S EMPLOYEE(S) TO PERFORM AT VARIOUS CONTRACTED (USA) LOCATIONS ONLY. --- -- - -------------------------------------------`--'--------`------- 2` PREMISES LIABILITY COVERAGE IS AFFORDED FOR THE NAMED INSURED'S EVENT PLANNING &/OR COORDINATING BUSINESS FOR VARIOUS CONTACTED ACTIVITY(S) &,'OR OPERATION(S) FOR CONSIDERATION PROVIDED BY THE NAMED INSURED &/OR IT'S EMPLOYEES) WHILE AT VARIOUS CONTRACTED (USA) LOCATIONS ONLY. -----------------------------------------------------------------------------•'--- C) PREMISES LIABILITY COVERAGE IS AFFORDED TO INCLUDE THE SET UP, USE &/OR TAKE DOWN OF THE NAMED INSURED'(S) OWNED EQUIPMENT) TO BE USED IN CONJUNCTION WITH THE NAMED INSURED'(S) CO..NLMERCIAL CONTRACTED TALENTS) / ACTS) OPERATION(S) / ACTIVITY($) ONLY, WHILE AT VARIOUS CONTRACTED (USA) LOCATTON(S) ONLY. ---------------------`-------------------------------_---_-------------------"----- WARRANTED: 1) ANIMAL TALENT ACT(S) / SHOW($) ARE SPECIFICALLY EXCLUDED UNLESS OTHERWISE EN^ORSEO HERETO AND AN ADDITIONAL PREMIUM CHARGE IS MADE. 2) ANY / ALL VENDOR(S) / CONCESSIONAIRES) ;,/OR CONTRACTED TALENT(s) PROVIDED BY THE NAMED INSURED MUST PROVIDE A CERTIFICATE OF INSURA6CE, THROUGH AN ACCEPTABLE CARRIER, WITH MINIMUM LIMITS OF $1,000,000.00 PER OCCURRENCE / AGGREGATE, NAMING 0 ENTERTAINMENT, INC. AS AN ADDITIONAL NAMED INSURED, 3; NAX.ED INSURED IS TO MAINTAIN A SEPARATE WRITTEN AGREEMENT WITH. ALL TALENTS (TALENT AGENTS) 4/OR WITH ALL CLIENTS &/OR VENUES. 4) THIS POLICY WILL BE EXCESS OVER ANY OTHER VALID &/OR COLLECTABLE LIABILITY INSURANCE POLICIES APPLICABLE FOR ALL CONTRACTORS / TALENTS, UNLESS OTHERWISE STATED &/OR ENDORSED HERETO. 5) LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY PYROTECHNICS. 6) WORKERS COMPENSATION / EMPLOYERS LIABILITY COVERAGE IS SPECIFICALL) EXCLUDED FROM THIS POLICY FOR ANY INJURY TO ANY EMPLOYEES, INDEPEND?NT CONTRACTORS &/OR VOLUNTEERS. 7) LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY EXOTIC ANINLALS. Iz ?.AGE 1 OF 1-----------'-=----- ----------------------------------------- WORKERS' COMPENSATION DECLARATION I (.�o.� 5� ti �r hereby affirm under penalty of perjury, the (Na /Title) Qii� 5 following declaration : I certify on behalf of C - C that during the term of my yOrganization Narnel contract with the R t z�5 �% , t r_ t a�" ..% , City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. DATE: N, c i a, c 1 By: Name: Title: 4 S .c� vl7( Telephone: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. MAY-16-07 WED 04;00 PM KALMANSON FAX NO. 4076452810 F, Ul/U4 CERTIFICATE OF INSURANCE DATE ISSUED: 051042D07 (revised 4 1) 05/16/2007 COMPANY: I.ES'lERKA1,MANSON AGENCY, INC. 100% CERTAIN UNDERWRIT)kRS AT LLOYD'S F.D. BOX 940008 A -,A00 —D/ LONDON MAITLANU,FL 32794-0008 ` Pit! (407)645.50M t>Z��S— OJs- 645-1910 OI POL.ICY\UIvffiER: NCb406574 FAX: (407) �NAMED INSt1RED: LF11iC1'IVE DATE: EXPIRATION DA] E: 0 FNMTAINMENT, INC. CJO ROY HASSIJIT 0525/2007 05252008 539 �; **IXBY ROAD, 4 59 LONG'9VACH, CALMOW RA 90813 W111 DAYS AT 17:01 A.M LOCAL STANDARD TIS1K.) —" — COVERAGE INFORMATION Ti i tS 1S TO CERTIFY THAT 1'111? POLICY(S) OF INSURAN + LISTED BELOW HAVE BEEN ISSUED TO THE INSUR :O NAMED ABOVE FOR TUR POLICY PERIOD INDICATED. NOT WITHST'ANDINGANY REQU EMENT,1'IiRM(S) 01, (XNDITIONS) OF ANY CONTRACT OR OTIIM DOCUMENT WVl'HRESPEtT I)O WHICH THIS CRRIIFICATE•(S) NAY OR MAY PE'LN tTA, TI-14 INSURANCE AF1'ORDED BY 1IM POLICIES DBSC.'RIDED HEREIN IS SUBJECT TO ALL TI IB 1'EILYLS, EXCLUSIONS ANDIOR CONDITIONS OF SUCH POCKI133.LIMITS OF LIABILITY SHOWN MAY HAVE BEI?N REDUCED BY ANY PAID CLAIMS TYPl 017INSURANCE: LIMITS: t?X GENERAL LIABILITY GF,Nf•:RAL A.GGRE(,A'!E: S 2,OW,000.0) ._CL VMS N-ADL LIMITED PRODUCTS AGGREGATE S-0- . ?N':LCRDS,94'-ENANITS PERSONAL&ADV.INJURY: S•0- EACH OCCURRENCE: S 1,000,000.0) FIRE: DAMAGE (ANY ON13 FIRE) S-O- ADDTI70NAL INSURGu(S): THE CITY OF SANTA ANA, SANTA ANA DEPARTMENT OF PARKS AND RECREA110N, - 11iltOME PARK 4n' OF 1ULY.15/ARF. HEREBY ADDBU AS ADDITIONAL WSURED ONLY A S THESR INTEREST M \Y AFPLAR IN RESPCCGS TO THE OPCRATION(S) PERFORMED BY THE NAMED INSURED AND/Olt IT'S EMPLOYE E(S) ONLY Siff i Al TACHCD ADDENDUM "A" FOR DESCRIPTION OF LIABILITY COVF, RAGE(S) AFPORI)F.O. EVEN' OATE(S): ]UVP, 25, 2(307 TIiROUGII JUNP. 28, 2007 (SET-UP) )W- 29, 2007 TIIROU(iH JULY 03, 2007 (F:VF.4T) JULY 04, 2007 (TAKF-DOWN) JE )M PARK SAN'A ANA CALIFORNIA 92701 CERTIFICAIT IS lSSIlED*AS A MATTER OF INFORMATION CNI,Y AND CONFERS NO RIG111'S UPON THE 1 CERTIFICATE HOLDER.T1115 CrwBFICATE DOES NOT AMEND, EXTEND OR ALTERTHE COVERAGE(S) AFFOPMED BY 111E POI..ICY(S) LISTED. "Y,wr S SLLOSVN ARE THOSR TN CFNBCT AS OF POLICY INCEPTION." S! ICJLD ANY OF 117E nBOVL DERCRfRED POI.ICY(5) BE CANCEL[ ED B4FOR$1HE LJ MATION DATE TAEFEOF, 7*17Ir; ISS ING COMPANY WILt. ENDEAVOR TO MAIL. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BCI OW, BUT FAILURE TO MAIL SUCH NOTICE SHALI, IMPOSE NO OBLIGATIONS) &/OR LIABILITY (S) OF ANY KIND UPON IVC COMPANY, IT'S AGENTS &./OR REPRESENTATIVES &/OR KALMANSON ET AL. CERTI1lCATF'.HOLDERIADDITIONAL INSUTtBD: f.URFIORIZEDREP •SEN1'A1'IVE: T-HF CITY 01' SANTA ANA Pf .-.. Cr � 3.N1A92701 ". ' :..,t"'c A1.IL::I/ TO CER7IIOLur;II ON OSl1G2007 5 Z-193 -5961 7141571.4209 4" i :c MTTCIICL KAI, NSON/PPRESIDENE i u NipY-15-07 WED 04:91 PM KALMANSON FAX NO, 4076452810 P. 02/04 ^� 1 t�P.. c 0 t� �►-`�� EXMBIT B ADDITIONAL NAL 1NSU12EDLsMI09SEMENT j-OR COMMERCIAL C1-NERAL LIABILITY POLICY Cns nee mpany t7 / � �16G�dD This endorsement modifies such insurance as is afforded by the provisions of Policy q /(I relating to the following: i. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701: its c.`. ws, e-npioyees, agents, volunteers and tepresetttatives are named as additional insureds t ° i.-tsereW) with regard to liability =0 ddletwe of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, suds insurance as is afforded by this policy is primary and is not adilitionui to or contributing with any other hmiranoc carved by or for the benefit of the additional insureds, 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organizatien would have as a claimant if not so included. 4, with respect to am additional insureds, this insurance shall not be canculled, or materially reduced in coverage or limits except after thirty (30) days written notice has been givctt to t1w City of Santa Ana, 20 Civic Center Plaza, Santa. Ana, CWUbmia 92701- (Compict,on of the fallowing, including countersignature, is required to retake this endorsement ei&x�tivc.) Elloct re /� / 02 _, this endorsement for as a part of cy 1 ''��'�' sued to f1 . a n.o�,�n �L .0 Countersigned by £d W%:60 LOW 91 .fiLw i96SS6bd9S: 'ON XUA iN3WW-O!F=1N3-0: W021U OL4Y-13-07 WED 04101 PM KALMANSON r(& nU. 4U1DeoCn)U C L A I M S 'M A D E A D D E N D U M " A" F O R: 0 ENTERTAINMENT, INC. ---------------------------------------------------------------------- AGENCY: LESTER KALMANSON AGENCY INC. P.O. BOX 940ODS MAITLAND, FLORIDA - U.S.A. PH: 407-645-5000 FAX: 401-645-2810 POLICY PERIOD / TERM: 05/25/07 TO 05/25/08 (12:01 AM LOCAL STANDARD TIME) -__------------------------------------------------------------- POLICY / BINDER NUMBER: NCM6bS7q DESCRIPTION OF CLAIMS MADE LIABILITY INSURANCE COVERAGE(S) AFFCRDED: n) SPECIATOR LIABILITY COVERAG$ IS AFFORDED FOR THE SUPPLYING OF VARIOUS CONTRACTED TALENTS / ACTS TO BE SUPPLIED BY THE NAMED INSURED 9/OR IT'S EMPLOYEE(S) TO PERFORM AT VARIOUS CONTRACTED (USA) LOCATIONS ONLY. -------------------------------------------------------------------------------- B) PREMISES LIABILITY COVERAGE IS AFFORDED FOR THE NAMED INSURED'S EVENT PLANNING &/OR COORDINATING BUSINESS FOR VARIOUS CONTACTED ACTIVITY(S) &/OR OPERATIONS) FOR CONSIDERATION PROVIDED BY THE NAMED INSURED &/OR IT'S EMPLOYEE(S) WHILE AT VARIOUS CONTRACTED (USA) LOCATIONS ONLY. --------- --- - -` - -_- _ C) PREMISES LIABILITY COVERAGE IS AFFORDED TO INCLUDE THE SET UP, USE &/O: TAKE DOWN OF THE NAMED INSURED'(S) OWNED EQUIPMENT) TO BE USED iN CONJUNCTION WITH THE NAMED INSURED'(S) COMMERCIAL CONTRACTED TALENT(E) / ACT(S) OPEPAT.:ON(S) / ACTIVITY(S) ONLY, WHILE AT VARIOUS CONTRACTED (USA) LOCATIONS) ONLY. WARRANTED: 1) ANIMAL TALENT ACT(S) / SHOW(S) ARE SPECIFICALLY EXCLUDED UNLESS OTHERWISE ENDORSED HERETO AND AN ADDITIONAL PREMIUM CHARGE IS MADE. 2) ANY / ALL VENDOR(S) / CONCESSIONAIRE(S) &/OR CONTRACTED TALENTS) PROVIDED BY THE NAMED INSURED MUST PROVIDE A CERTIFICATE OF INSUMICE, THROUGH AN ACCEPTABLE CARRIER, WITH MINIMUM LIMITS OF $2,000,000.00 PER OCCURRENCE / AGGREGATE, NAMING 0 ENTERTAINMENT, INC. AS AN ADDITIONAL NA.'4ED INSURED. 3) VAOMED INSURED IS TO MAINTAIN A SEPARATE WRITTEN AGREEMENT WITH ALL TALENTS (TALENT AGENTS) &/OR WITH ALL CLIENTS 4/OR VENUES. 4) THIS POLICY WILL BE EXCESS OVER ANY OTHER VALID &/OR COLLECTABLE LIABILITY INSURANCE POLICIES APPLICABLE FOR ALL CONTRACTORS / TALENTS, UNLESS OTHERWISE STATED &/OR ENDORSED HERETO, 5) LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY PYROTECHNICS, 6) WORKERS COMPENSATION / EMPLOYERS LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FROM THIS POLICY FOR ANY INJURY TO ANY EMPLOYEES, INDEPENDEVT CONTRACTORS &/OR VOLUNTEERS. 1) LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY EXOTIC ANIMALS. ?Aab I OF I -------------------------------------------- ..-..----- --- FAX MU. Wb4bGtl1U �y-16-01 WF.D 04;01 PM KALMANSON µ.. c I, A I M S M A n E A D D E N D U M " A" F O R 0 ENTERTAINMENT, INC. -----'----------------------------------------------------------------- AGENCY: LF;STER KALMANSON AGENCY INC. P.O. BOX 94000E MAITLAND, FLORIDA - U.S.A. PH: 407-645-5000 FAX: 407-645-2810 ---------••------------------------------------------------------------ POLICY PERIOD / TARM:5/25/06 TO 5/25/07 (12:01 AM LOCAL STANDARD TIME) --------------------------------------------------------------------- POLICY / BINDER NUMBER: NCM 395 --_-__-____^------_-'-------------------------------------------------- DESCRIPTION OF CLAIMS MADE LIABILITY INSURANCE COVERAGE(S) AI''SORDED: ---_-------_-------------------------------------_-----__--__._-_--_ A)— SP-EC1'ATOR LIARILITY COVBWF IS AFFORDED FOR THE SUPPLYING of V7x?'=-S CONTRACTED TALENTS / ACTS TO BE SUPPLIED BY THE NAMED INS0.2ED &/OR I1'S 9MPLOYRES TO PERFORM AT VARIOUS CONTRACTED (USA) LOCATIONS 01T)LY. ----------`-----`-------`-----------"'^---------------------------"'----""'-- B) PREMISES LIABILITY COVERAGE, IS AFFORDED FOR THE NAMED INSUREDS EVEN- PLANNING &/OR COORDINATING BUSINESS FOR VARIOUS CONTACTED ACTIVITIES &/OR OPERATIONS FOR CONSIDERATION PROVIDLD AY THE NAMED INSURED VOR IT'S FMVLOYEES WHILE AT VARIOUS CONTRACTED (USA) LOCATIONS ONLY. --_-___--`-----------------------------------------------------------------.__-__ C) PREMISES LIABILITY COVERAGE IS AFFORDED TO INCLUDE THE SET UP, USE &A'A TAKE DOWN OF THE NAMED INSURED'(S) OWNED EQUIPMENT) TO BE USED IN CONJUNCTION WITH THE NAMED INSURED'(S) COMMERCIAL CONTRACTED TALENT / ACTS OPERATIONS / ACTIVITY(S), WHILE AT VARIOUS CONTRACTED (USA) LOCATION(S) ONLY. ----_`-----------------------------'_-------------------------------'----`---..-_---- '.6A.::RANTED: 11 ANIMAS, TALENT ACTS / SHOWS ARE. SPECIFICALLY EXCLUDED UNLESS OTIIERW:SE FNDORSED tiFRETO AND AN ADDITIONAL PREMIUM CHARGE, IS MADE. 2) ANY / ALL VENDORS / CONCESSIONAIRES 4/OR CONTRACTED TALENTS PROVIDED BY T18 NAMED INSURED MUST PROVIDE A CERTIFICATE OF INSURANCE, THROUGH 'IN ACCEPTABLE CARRIER, WITH MINIMUM LIMITS OF $1,000,000.00 PER OCCURR-,NCE 1 AGGREGATE, NAMINCG 0 ENTERTAINMENT, INC. AS AN ADDITIONAL NAMED INSUi:EO, 3) NAMED INSURED IS TO MAINTAIN A SEPARATE WRITTEN AGREEMENT WITH ALL TALENTS (TALENT AGENTS) &/OR WITH ALL CLIENTS &/OR VENUES. 41 THIS POLICY WILL BE EXCESS OVER ANY OTHER VALID &/OR COLLECTABLE LIABILITY INSURANCE POLICIES APPLICABLE FOR ALL CONTRACTORS / TALENTI, ONLESS OT'IIFRWISE STATED &/OR ENDORSED HERETO, 5) LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FOR ANY PYROT'EC211ICS. 61 WORKERS COMVENSATION / EMPLOYERS LIABILITY COVERAGE IS SPECIFICALLY EXCLUDED FROM THIS POLICY FOR ANY INJURY TO ANY EMPLOYEES, INDEPENOCN'P CONTRACTORS &/OR VOLUNTEERS. '0 JIABILITY COVERAGE IS SPFCIFICALI,Y EXCLUDED FOP ANY EXOTIC ANIMALS. _._.3c i OF i -------' ---'----------------------' 2,.; 07 FRI 09:40 FAT 1 760 735 8543 CHRISTIANSEN AMUSEMENTS 111002 �+•%�®M CERTIFICATE OF LIABILITY INSURANCE 3/2912 0 "" " THIS CERTIFICATE IS ISSUED AS A MATTER C F INFORMATION A":�d Specialty Insurance of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 85 N.E. Loop 410, Suite 600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Antonio, TX 78215 ALTER THE COVERAGE AFFORDED BY THE P )LICIES BELOW. 210-341.1321 • 800-236-8774 - INSURERSAFFORDINGCOVERAGE NAIL# rauRw Christiansen Amusements, Inc. suRER A: T.H.E. Insurance Company P.O. Box 997 A- �005 -015 SURERE: --can, ldo CA 92033-0997 INSURSR C: YA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEr. NOTWITHSTANDING ^vv PEQ'APENTENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR -HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH '- "- 'TSA-EL.MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, N POUCYNMIBER POLICY EFFECTIVE POLICY ExPIRAnQN UWS B"—qM UABI�Y EACH OCCURRENCE DOO $ 1,DDB,D0 FREMIPF4},C��'$ 50,O X COMMERCIAL. GENERAL LIABILrrY CLAMS MADE © OCCUR WED E%P(MY m Person) Is PERSONAL& ADV INJURY $ 1000000 M7MT3751 41112007 41112006 GENERALAOORECATE W+ $ 1O OOO DDD PRODUCTS- COMPlao AGG 5 1,000,000 G-NLAGGREGATE UWTAPPLIBS PER: jEcr I POLICY PRO- LOC �AV-TI0.N061LE UAHILITY j ANYAVTO O*MOINED SINGLELIMIT (Ea=Idgnq I S BODILY INJURY (Pei p019On) ,. I A-LOWNEDAUTO& . I SCHEDULED AUTOS I 90pILY INJURV ,(Per ecetlenq $ WPMAUTOE NON -OWNED AUTOS PROPERTY bAmAGE (Pn aecidcnl) OARAOE LUIBILMY AUTO ONLY=EA ACCIDENT S OTHER THAN _EA SO $ ANY AUTO AUTO ONLY AGG $ EYGEBBNNBRELLA YAWLITY OCCUR CLAW MADE 1 F. EACH OCCLIRRENOE $ 1,000,000 " AGGREGATE $ 1,�000 000 $ !p M7XT3752 4IM007 4/1/2008 S DEDUCTIBLE .� �=r^ rOYPENSATION ANO OTH- E.L. EACH ACCIDENT $ UABLTY M'Y PROPR: ETOLUPXCLUDEIEkECIRIVE C"FILER"AEVBER EXCLUDED? EL DISEA%•EA EMPLOYEE 5 E.L. DISEASE -POLICY MIT $ AYE tle�RNBMO¢r SPECIAL PRpViSION3 NBIOW O'HER '.A EXCESS Liability M7MT3753 411l2007 4/1/2008 $3,000,000 Excess of! 2,000,000 $5,0100+000 CS ' —"—"-'-- '-"^^+'. WS�LOCATgNS1VEMICLE6/FICLUBIDNB ADDED BY ENDORSEMENT/SPECIAL PROVISgN6 ....... ; ,DSLred with respects to operations of the named insured: _ City of Santa Ana, its officers; Employees, Agents, Volunteers and Representatives. For dates of: June 25 - duly 3, 2007 A• ,-!,taal City City of Santa Ana Parks & Rea Dept. 888 W" Santa Ana Blvd., 2nd Floor S,- •e' 200 Santa Ana, CA 92701 EHODLO MY OF THE ABOVE DESCRIBEO FOUCIES RE CANCELLED ESPORE THE EXPIRATION DATE THEREOF, THE ISSUNG INSURER WILL ENDEAVOR TO MALL 30 DAYS WRITTEN NOTROE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. a 19ILURE TO OP 8O SHALL IN60SE NO OBLIGATION OR UAB1UTY OF ANY R UPON THE IN: VRER, n3 AGENTS OR marrl..aa :w_.-=:r2007 11:45 AM Allied Specialty of Texas 2103412050 3/3 ADDITIONAL INSURED ENDORSEMENT insl-mike Company T.H.E. Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy ,-'i E71W3757 relating to the following: 1. Tf e City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds acditional instreds") with regard to liability and defense of suits arising from the ooe-ations and ises performed by or on behalf cf the named insured. 2. W th respect to claims arising out of the operations and uses performed try 3r on behalf o; the named insured, such insurance as is afforded by this policy is primary and is r of additional to or contributing with any other insurance carried by or far ;he'cenefitoftha additiona! insureds. "r"_= insurance applies separately to each insured against whom claim is —.a-e or suit is brought except with respect to the company's limits of liability. The incwsion of am, person or organization as an insured shall not affect any right which - _ , Orson or"organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be ceied, or mEiterlally reduced in coverage or limits except after thirty (30) days writtcm notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ara, Ca!'fornia 9270;. (Completion of the following, including countersignature, is required to make tt,is e^,casement e: fective.) Effective 5L3o/o7 this endorsement form as a part )f Po':cy # M7MT3751 %ss,:ed to Christiansen Amusements Inc _._ Named Insured Countersigned by t .rc.�. _ ts" _ K� ....� t uthofized Representative Uvi l,.r.: . _....guy As,tstaa! 6ty Auoricy - -2007 00:29 AJG -i r `T 11"S ! > e! - a e W P.01i02 /-'T-^'�"�'u wVl\ 1 11 ■\II'� 1 4 V■ 1..!!'{V!r! ■ ! !!\Mwl V'\I\wvI U4111ILUUT FAX (425)451-3716 Risk Management Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$ UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENC, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P01.1 JESSELOW. R46URERS AFFORDING COVERAGE NAIL S --see. Amusements, Inc. - R^"x P97 fiscandido, CA 92033-0997 w wRA American States Insurance Co INSURER a rRNVRC; INSURER 01. N E: 'r 1E M'� 11ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD DAICATEC, NOTWrr"STANOING P .W xC JIRE%WNi. TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEI TFICATE MA" BE ISSUED OR ;.'A" V E: -A!A. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CC NDITIONS OF SUCH POLICIES- A60MGATE !MATS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS, '=, c?i T'�OFwsuRAMeB ►OUCY NUIMMm POLICYPo tlMlia EACHOCCOWNCE $ :C�VVZQCVLGRNEWWUAAILRY DAW01!TO FIEWIDO S CUVM$MAIZE ❑OCCUR MED EW(ANI one 9a�^l 5 PER9OHAL6ADvwURY S GENERAL AGGREGATE $ CEO'. AGGREGATEpLIMIT APPLIES PER PRODUCTS-COMMPAOE $ LOC DICH44116101 04/01/2007 04/01/2008 WMBwED SINGLE LIMIT (Es acdoom) a 1,000 BODILY (AWRY IPaf pa ) S SCHEDULEDAUT09 - +9:V MACS — ..._ .. ... BODILY INJURY (Per We ) y PROPEfMDAMAGE (Pw p[adeAtl AUTO ONLY - EA ACCIDENT S i �� AGE L'ABMJTY OTHER THAN EAACI: S ANY AUTO AUTO ONLY: Arl; $ ---'2'LaI L?ABILRY .. OCCUR'. CLAIMS MADE EAOHOCa1R1ifN[`.E S AGGREGATE S $ DEDUCTIBLE i RETemDN S 5 - ^^"'R°_ CDNFTNy1TNUM AND YUC STATT 11- E.L EACH ACCIDENT S ^'`._.,•=R;^71PARTNERIEXECl1TIL'E %rrA18Ea SfGJJOEDT f I`yyx�; :cute meM $FE.. J, FRpVt$i0N5 Mitre E.L. DISEASE- EA$AWLOYI' S E-L DISEASE -P000YLRAI' S :IMFI VVHWAM I E=LUNOM ADDM 6Y 6mmBlan'I50Etlu.asnwwx i"ni, its orricers, agents, enploy"S, representatives and volunteers are included ,G iv a; insureds but only as respects the operation of the named insued per policy terns and ` :_rT "`ter the dates June 2S, 2007 through July 3, 2007, City o4 Santa Ana ,`.-t TP Carla Tompkins `i. Santa Ana Blvd., i200 "Pa, IA 92701 SHOUIO ANY OF THE ABOVE DESCRIRED POUCB6 DE CANCEL LED BEFORE THE WMIRATION DATE THEREOF, THE ISSUING INSURER WILL IM;x GMAIL 30 DAYS YIRnTom NOTICE TO THE CERnmATE HOLDER NAMED to THE LEFT. CACORD CORPORATION 190 CERTHOLDER COPY SO STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-11-2007 GROUP: POLICY NUMBER: 1553216-2006 CERTIFICATE ID: 178 CERTIFICATE EXPIRES: 08-01-2007 08-01-2006/08-01-2007 CITY OF SANTA ANA so JOB:JEROME PARK CARNIVAL DATES: JUNE 27 - JULY 2, 2007 888 W SANTA ANA BLVD STE 200 SANTA ANA CA 92701-4581 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �V r THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT M1800 - RALPH CHRISTIANSEN PRESIDENT - EXCLUDED. ENDORSEMENT X1600 - BARBARA CHRISTIANSEN SEC TRES - EXCLUDED. ENDORSEMENT N1600 - TOM BROWN VICE PRESIDENT - EXCLUDED. ENDORSEMENT k1600 - WILLIAM JACOB VICE PRESIDENT - EXCLUDED. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CHRISTIANSEN AMUSEMENTS, INC PO BOX 997 ESCONDIDO CA 92033 IREV.2-051 AiIROVIl '4 "„ so As�la W�.� .,ay �iiiUil;Cy IB18,SDj PRINTED : 08-11-2007