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HomeMy WebLinkAboutSOUTHWEST SANTA ANA LITTLE LEAGUE -1979LICENSE AGREEMENT THIS AGREEMENT, made and entered into this -71tt�,, day of h-N" , 1979, by and between the City of Santa Ana, a municipal corporation of the State of California, ( "CITY ") and Southwest Santa Ana Little League, Inc., a non- profit corporation of the State of California, and Santa Ana Pop Warner Football, Inc., a non - profit corporation of the State of California, ( "LICENSEES "), jointly and severally. W I T N E S S E T H Recitals: 1. LICENSEES sponsor and conduct youth recreation programs at Memorial Park, a public park owned and operated by CITY. 2. CITY desires to support public recreation programs in general, and LICENSEES' youth recreation programs in particular. LICENSEES and CITY desire to continue providing public recreation programs and, in conjunction therewith, intend to provide for the construction of a concession stand on Memorial Park to be owned and operated by LICENSEES. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 5, 1/79 P 1. CITY hereby licenses LICENSEES to occupy and use that certain portion of Memorial Park, that is designated "Concession Stand Location" on the map attached hereto, identified as "Exhibit 1" and incorporated herein by this reference as though fully set forth, but only for the purposes and upon and subject to the conditions set forth hereinafter. 2. The term of this license shall be for the period commencing upon execution of this Agreement and ending December 31, 1982, or when this Agreement is terminated as hereinafter provided, whichever occurs first. LICENSEES, or either of them may extend this License Agreement upon the expiration of the term or terms hereof for an additional term of three (3) years provided LICENSEES are not in default and CITY consents, which consent shall not be unreasonably withheld. This option to extend shall be exercised within thirty (30) days after the end of any such term. -1- to a 3. LICENSEES agree to prepare or cause to be prepared and to provide to CITY, at LICENSEES' sole cost and expense, construction plans and specifications for a concession stand, hereinafter referred to as "said concession stand," for review and approval within thirty (30) days from and after the date of execution hereof. Said plans and specifi- cations shall be prepared taking into account donated labor and materials whenever the same can be obtained or donated by LICENSEES, so that the largest and best possible con- cession stand can be constructed. LICENSEES further agree to use their best efforts to obtain donated labor and materials for said construction. Said plans and specifications shall be prepared to the satisfaction of the Director of Recreation and Parks of CITY. 4. Upon submission of said plans and specifications, CITY agrees to cause the same to be reviewed for compliance with CITY'S applicable ordinances and with the purposes of this Agreement. CITY shall give LICENSEES prompt and timely notice of any and all corrections required to be made to said plans and specifications to satisfy all of said require- ments. After approval of the aforesaid plans and specifications, LICENSEES, shall construct said concession stand on the licensed premises in the location shown on said "Exhibit 1," in conformity with the approved plans and specifications to the satisfaction of CITY'S Director of Recreation and Parks, and at the sole cost and expense of LICENSEES. Said con- struction shall begin within 14 days of the date of approval of said plans and specifications, and shall be completed within 90 days thereafter. 5. After completion of construction, to the satis- faction of CITY'S said Director of Recreation and Parks, LICENSEES agree to occupy and use said concession stand solely for the sale of soft drinks, fruit juices, sandwiches, ice cream, gum, candies, fruits, potato chips and similar items and also for the temporary storage of equipment and the conducting of business incidental to the operation of LICENSEES' recreation programs. The sale of tobacco and alcoholic beverages is expressly prohibited. LICENSEES, and each of them, covenant, by accepting the terms hereof, that it will not occupy or use the licensed premises or said concession stand, or permit the same to be used, for any purpose other than those specified herein. 6. LICENSEES agree that all revenues derived from sales conducted at said concession stand shall be used solely for the support of youth recreational programs within -2- the CITY and the reasonable and necessary expenses of LICENSEES in connection with LICENSEES' covenants hereunder, and shall not inure to the personal benefit of any individual. LICENSEES,Iand each of them, covenant, by accepting the terms hereof, that it and they will not use the revenues nor permit the use of the revenues derived under this Agreement for any purpose other than those specified herein. LICENSEES, and each of them, agree to keep records of all transactions arising out of the operation of said concession stand, and to make such records available for inspection by CITY, its agents or employees at any time. LICENSEES, and each of them, shall file or cause to be filed with CITY'S Director of Recreation and Parks, no later than January 31 each year an annual financial report showing cash receipts and dis- bursements from all activities within LICENSES' operations within the year preceeding. 7. LICENSEES, and each of them, agree to cooperate in the prevention, suppression and abatement of trespass, vandalism, or other conditions existing at the licensed premises, which LICENSOR's Director of Recreation and Parks determines to be detrimental to the public health, safety or welfare, or not in the best interests of public recreation, and directs LICENSEES, or either of them, to abate. Upon such direction, LICENSEES shall abate the condition in the manner reasonably specified in such directive. 8. CITY makes no warranties or representations con- cerning the licensed premises nor any means of ingress thereto or egress therefrom. CITY agrees to provide gas, water and electric service to said concession stand at no cost, so long as consumption by LICENSEES is reasonable. CITY reserves the right to require LICENSEES, or either of them, to pay charges for excessive and unreasonable con- sumption of gas, water or electric services as determined by CITY'S Director of Recreation and Parks; provided, however, LICENSEES may appeal any such charge to CITY'S City Manager. LICENSEES, and each of them, shall bear the entire cost of preparation and maintenance of said licensed premises, paying for installation of locks, additional lights and other security devices, as well as any and all other expenses incurred by LICENSEES, and either of them, under this Agree- ment. 9. Any increased cost to CITY of operating, main- taining, repairing, reconstructing or improving CITY property immediately adjacent to the licensed premises, which results directly or indirectly from LICENSEES' use or maintenance of -3- the licensed premises, shall be borne by LICENSEES, and each of them, and reimbursed to CITY on demand. 10. LICENSEES, and each of them, shall comply with all laws, rules and regulations of the United States of America, the State of California, the County of Orange, the City of Santa Ana and all applicable governmental entities, agencies, boards, commissions and bureaus thereof in the exercise of the license granted herein. 11. During the term of this Agreement, LICENSEES, and each of them, shall maintain the interior and exterior of the concession stand in good order, condition and repair, to the satisfaction of CITY'S Director of Recreation and Parks. LICENSEES, and each of them, shall provide adequate waste receptacles in the vicinity of the concession stand and shall keep said concession stand and the surrounding premises clear of litter, trash, paper, bottles, boxes and other debris or unsightly rubbish occurring from the exercise of the license herein granted. 12. CITY and LICENSEES understand and agree that said concession stand shall remain as personal property and shall not be deemed to be a fixture. Title to said concession stand shall remain in LICENSEES, and each of them, during the term of this Agreement. 13. Upon termination of the license granted hereby, or in the event of LICENSEES' discontinuance of the use of the licensed premises, title to said concession stand and all appurtenant fixtures shall vest in CITY. If LICENSEES, or either of them, at any time receives an offer, whether or not solicited, to purchase all or any portion of their or its interest in said concession stand, and if LICENSEES, or either of them, are willing to accept such offer, LICENSEES, or either of them, shall give written notice of the amount and terms of the offer, the identity of the proposed trans- feree, and LICENSEES' willingness to accept such offer to CITY's Director of Recreation and Parks. CITY shall have the exclusive option, within thirty (30) days after such notice is given, to purchase LICENSEES' interest in said concession stand for the sum of one dollar ($1.00). Said exclusive option may be exercised by CITY in writing, addressed to LICENSEES, at the addresses listed below, and delivered -4- 6 0 by first class prepaid U. S. mail or by personal delivery: and Southwest Santa Ana Little League Mike Roustan, President 321 East Occidental Santa Ana, California 92705 Santa Ana Pop Warner Football C. L. Winn, President 1239 South Ross Street Santa Ana, California 92707 14. At the termination of the license hereby granted, or in the event of LICENSEES' discontinuance of the use of the licensed premises, LICENSEES, and each of them, shall immediately and at their own expense, restore the licensed premises and the concession stand as nearly as practicable to the same state and condition in which it existed prior to the use by LICENSEES. Should LICENSEES, in such event, fail, neglect or refuse to restore said premises, or said concession stand, such restoration may be performed by CITY, at the expense of LICENSEES, and each of them, which expense LICENSEES, and each of them, agree to pay to CITY upon demand. 15. LICENSEES, singularly or jointly, shall obtain at their sole cost and file with CITY'S Clerk of the Council, prior to exercising any right or performing any obligations pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance, or a certificate of such insurance, satisfactory to CITY'S City Attorney, naming CITY, its officers, agents and employees as insured or additional insured, which provides coverage not less than that provided in the form of a com- prehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of LICENSEES, their officers, agents and employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less than the following minimum amounts: Five Hundred Thousand Dollars ($500,000.00) combined single limit; or bodily injury, Two Hundred Fifty Thousand Dollars ($250,000.00) per person and Five Hundred Thousand Dollars ($500,000.00) each occurrence; property damage, One Hundred Thousand Dollars ($100,000.00) each occurrence and Two Hundred Thousand Dollars ($200,000.00) aggregate. Said L -5- • 0 policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after Thirty (30) days notice thereof has been given in writing to CITY. LICENSEES, and each of them, shall give to CITY prompt and timely notice of any claim made or suit instituted. Insurance coverage specified herein constitutes the minimum require- ments and said requirements shall in no way lessen or limit the liability of LICENSEES, or either of them, under this Agreement. 16. LICENSEES, singularly or jointly, shall also obtain at their sole cost and simultaneously file with CITY'S Clerk of the Council, and maintain for the period covered by this Agreement a policy or policies of multiple peril insurance, or a certificate of such insurance, satis- factory to CITY'S attorney, which provides coverage for complete or partial loss of or damage to said concession stand or the contents thereof due to fire, theft or vandalism. If LICENSEES, or either of them, now, or at any time during the course of this Agreement, qualifies as an employer under Labor Code Section 3300, unless the hired employee(s) come(s) within those persons excluded under the Labor Code, LICENSEES, singularly or jointly, shall furnish CITY with an insurance certificate from its workers' compensation insurance carrier certifying that it carries such insurance as is statutorily required, and that the policy will not be cancelled nor the coverage reduced except upon Thirty (30) days prior written notice to CITY. 17. LICENSEES shall, before exercising any of the other rights or responsibilities of this Agreement, furnish to CITY and file with CITY'S Clerk of the Council good and sufficient bonds in a form to be approved by the CITY'S Attorney as follows: (a) securing the faithful performance by LICENSEES of all work and the construction of all improvements referred to in this License, and within the time herein specified, the amount of said bond to be TEN THOUSAND Dollars ( $10,000.00 ), (b) securing the payment by LICENSEES of all bills for labor and materials incurred in the con- struction of any and all said improvements, and the doing of all work herein agreed to be done by LICENSEES, the amount of said bond to be TWENTY THOUSAND Dollars ( $20,000.00 ) . 0 4 18. CITY, by its officers, agents and employees, shall have the right of free access to the licensed premises and the concession stand at all times for the purpose of examin- ing its use and condition. 19. LICENSEES, and each of them, for themselves and their successors, assigns, officers, agents, employees, guests and contractors covenants and agrees to indemnify, defend, protect, keep and hold harmless CITY, its officers, agents, employees, successors and assigns from and against any and all actions, causes of action, claims, demands for damages of any kind or character arising from any condition of the licensed premises during the use or occupancy thereof by LICENSEES, and either of them, or from the conduct or management of or from any work or thing whatsoever done in or about the licensed premises during the term of said use or occupancy or arising during the term of this Agreement from any act, failure to act, negligence, default, care- lessness or neglect of LICENSEES, or either of them, or any of its successors, assigns, officers, agents, employees, guests and contractors, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corpora- tion or corporations, occurring during said term on, in or about the licensed premises, and from and against any and all loss, costs, charges, expenses and liabilities, in- cluding reasonable attorneys' fees, incurred in any such claim or action or proceeding brought thereon. LICENSEES, and each of them, further agrees to in- demnify, defend and save harmless CITY, its officers, agents, assigns and employees from liability for any and all workers' compensation recoveries that may be obtained by agents, assigns, officers, employees or subcontractors of LICENSEES, or either of them, arising out of or resulting from the exercise of this license, or the existence of any dangerous or defective condition on or about the licensed premises. 20. The license hereby granted does not give LICENSEES, or either of them, any interest in the licensed premises except as herein granted. LICENSEES, and each of them, hereby covenants that they shall not assign, transfer, lease, pledge, hypothecate, surrender or otherwise encumber or dispose of their rights to use the licensed property pursuant to this Agreement, or otherwise permit any other organization or persons to occupy or use said premises without the prior express written approval of CITY. Should -7- CITY approve such transfer of the license, the terms, covenants, agreements, conditions, limitations and restrictions herein contained shall be binding upon the assigns and successors in interest of LICENSEES, and each of them, in the licensed premises. 21. In the event LICENSEES, or either of them, fail to perform, keep or comply with any covenant, condition, restriction or limitation required to be performed, kept or complied with by LICENSEES, or either of them, by this Agreement, CITY may, at its election, revoke the license granted herein, by serving notice upon LICENSEES, or upon one of them, of such revocation. Upon such an occurrence, the party or parties so served shall have no further interest in the licensed premises or any structure thereon. LICENSEES, and each of them, agree to assume the liability for reasonable expenses arising from the breach of any covenant, condition, restriction or limitation of LICENSEES, or either of them, required by this Agreement. 22. By signing this Agreement, LICENSEES, and each of them, certify that they do not discriminate against any employee or applicant for employment because of race, ancestry, color, religion, sex, marital status, national origin, age, physical handicap or medical condition, except as provided by Labor Code §1420. LICENSEES, and each of them, agree to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, national origin, or ancestry, physical handicap or medical condition, in connection with employment, upgrading, demotion, or transfer, recruitment or recruitment adver- tising, layoff or termination, rates of pay or other forms of compensation and selection for training including appren- ticeship. Such affirmative action shall be in accordance with the affirmative action guidelines adopted by CITY. LICENSEES, and each of them, agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. LICENSEES, and each of them, shall, in all solicitations or advertisements for employees placed by or on behalf of LICENSEES, and each of them, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or ancestry. LICENSEES, and each of them, agree to cause the fore- going provisions to be inserted in all contracts and sub- contracts for any work covered by this Agreement, so that such provisions will be binding upon each contractor and subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard com- mercial supplies or raw materials. Noncompliance with the affirmative action program will constitute a breach of the terms of this Agreement. 23. LICENSEES, and each of them, recognize and under- stand that this license may create a possessory interest subject to property taxation and that LICENSEES, and each of them, may be subject to the'payment of property taxes levied on such interest. 24. As used herein, the neuter shall include the feminine and masculine, and the singular shall include the plural. 25. In consideration of LICENSEES' Covenants hereunder, CITY agrees to pay to LICENSEES the total sum of $20,000, which said sum shall be used solely by licensees in further- ance of LICENSEES' said recreation programs at CITY'S Memorial Park. Said total sum shall be due and payable in increments as hereinafter specified upon the occurrence of the following events, to -wit: 1. Upon completion of said plans and specifications for said concession stand, the sum of $ 5,000 2. Upon commencement of con- struction of said concession stand, the sum of $ 5,000 3. Upon certification by CITY'S Director of Recreation and Parks that construction of said concession stand is one -half or more completed, the sum of $ 5,000 4. Upon completion of construction of said concession stand to the -9- 1 • f satisfaction of CITY'S Director of Recreation and Parks, the sum of $ 5,000 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA, a municipal corporation of the State of California ATTEST: v-0 n�SZ➢.a • 1� . �. /' 14AYOR CLERK OF THE COUNCIL t L', / "CITY" APPROVED S TO FOAM. L< /o_r KEITH L. GOW, CITY ATTORNEY SOUTHWEST SANTA ANA LITTLE LEAGUE, INC., a non - profit California corporation LBy: MIKE STAN, PRESIDENT M "LITTLE LEAGUE" SANTA ANA POP WARNER FOOTBALL, INC., a non - profit California corporat'- n By: lcl/l C. L. WINN, PRESIDENT By: -10- "POP WARNER" I ill c c � ti i 6 4 q 0 i a II m r n a O O m o z ; >0o �M� ova z r a z T a z o q 0 i a II m J J n 0 ci m III J' e e 14 i I I � I 0 Z),I F7 O` E D�o ❑i ❑❑' � I I i I i r n; O O m o = c a A O N o U) _ r � Z a ao ci m III J' e e 14 i I I � I 0 Z),I F7 O` E D�o ❑i ❑❑' � I I i I i r o O O m o n 3 a O N O9na Z E) r Z v Co a z �clf hill ZO -�� I � k II J I s y Pea' .\O ❑� o' o p�c 4 A REQUEST FOR COUNCIL ACTION PREPARED BY Robert E. Gresham DATE 5/3/79 PHONE 4145 LICENSE AGREEMENT BETWEEN THE SUBJECT E e AND POP WARNER FOOTBALL FOR CONCESSION STAND CONSTRUC- TION AT MEMORIAL PARK. APPROVE(D�� .B MFNTHEHD CHV r NACEF BECOMMENDED ACT I DATE OF COUNCIL ACTION , - ` - � e h. Actt 7 CI FRKOi THE COUNCIL Approve License Agreement between the City, Southwest Santa Ana Little League, Inc., and Pop Warner Football, Inc., to construct a concession stand at Mem- orial Park. BACKGROUND Last year, respresentatives from Southwest Little League Baseball contacted us about the possibility of entering into a joint venture for the construction of a concession stand facility at Memorial Park, similar to the joint venture of several years ago where a concession stand was constructed at Alona Park. Staff felt this to be a good proposal, and included a request for $20,000 in A & D (Acquisition and Development) Funds for Fiscal Year 78/79. Negotiations began with Little League with the idea of utilizing the City funds to construct the exterior or building shell, and people from the Little League providing labor and money to finish the interior work and provide all necessary con- cession equipment. Pop Warner Football, which also uses Memorial Park as a playing site, heard about the concession stand project and requested to be included in the joint construction project. Little League and City staff agreed that it would be appropriate to negotiate a three party agreement for this common -use facility During new negotiations, it was determined that the City's $20,000 could be "stretched" or "leveraged" better with private funds or donations to increase it's purchasing power. Toward this end, a restroom can now be added to the concession stand package to be included in the construction. Therefore, in- stead of the City building the shell, as originally discussed, the City funds will instead be provided to the Licensees for them to construct the entire facility. After construction, Pop Warner and Little League will completely maintain this facility. The concession stand shall remain as personal property and shall not be deemed as a fixture. Title remains with the Licensee during the term of the Agreement. The initial term of the Agreement is three years, with three year option terms available, as the City consents. If the Licensees decide to discontinue the use of licensed premises, title to the concession stand vests in the City. City can also purchase the Licensee's interest in the concession stand for the sum of $1.00 if City desires to exercise this exclusive option if the need should arise. FISCAL IMPACT $20,000 in funding is available in A & D account # 306 - 232 -631. `,o�UTloly �m m 2 Z Oy6 -1916 c 1 2/16/89 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. JOHNSON it HIGGINS OF CT, INC. COMPANIES AFFORDING - COVERAGE ONE CORPORATE CENTER HARTFORD, CT 06103 LETITEAFINY A CONTINENTAL CASUALTY COMPANY COMPANY g LETTER INSURED COMPANY C LETTER SANTA ANA SO[T1MEST LITTLE LEAGUE SHARON PINUECAS, SECRETARY COMPANY p LETTER 2025 SOUTH SYCAMJRE SANTA ANA, CA 92707 °R Y E #905 -30 -16 THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO ITFI TYPE OF INSURANCE POLICY NUMBER DATE (EM µp�Yl POLICY A CAWDOpryh ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ 1 TOO COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑OCCURRENCE LLB5006261879 1/30/89 1/01/90 PRODUCT$-CDMPIOPS AGGREGATE $ 1TICI . PERSONAL A ADVERTISING INJURY $ OWNER'S 8 CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1,00-0- A NERAL LIABILITY EIRE DAMAGE ZANY ONE EIRE' $ MEDICAL EXPENSE (ANY ONE PERSN. $ AUTOMOBILE LIABILITY ANY AUTO CSL $ 1,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY PER PERSON, $ ryNjEunv A6CIDENT,, VIREO AUTOS NON OWNED AUTOS $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY SAC" AGGREWE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION STATUT(Nv $ fEA:r ACCIDENT! AND EMPLOYERS' LIABILITY $ (DI POLICY LIMTI $ MLEASE -EACH EMPLOYEE; OTHER DESCRIPTION OF OPERATIONS /LOCATKMI VEHICLES /RESTRICTIONS /SPECIAL ITEMS SUBJECT TO PROPERTY DAMAGE DEDUCTIBLE OF $250 PER CLAIM ON GENERAL LIABILITY • B ADDITIONAL INSURED: SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE TIE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY THE CITY OF SANTA ANA, ITS OFFICERS MAIL 3WAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE AGENTS AND ETAPLOYEES LEFT, i AUTHORIZE REPRESENTATIVE NJ Orf,' i,,�u � gl 31� 0 TO:n, DATE INSURANCE REFERRAL SLIP The City Attorney did not approve the attached certificate of insurance for Agreement No. 4 -f3-2 with ,S, for the following reason: ADDITIONAL INSURED ENDORSEMENT The certificate of insurance must contain an additional insured endorsement which says, "The City of Santa Ana, its officers, agents, and employees are named as additional insured." _X CANCELLATION NOTICE Cancellation notice should read: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left." TYPE OF COVERAGE AND AMOUNT Refer to page of your agreement for type and amount of insurance coverage required. OTHER Please obtain a corrected certificate of insurance in compliance with City Attorney's instructions. CLERK OF THE COUNCIL ` LLD GO 24 74 42 4 INSURANCE COMPANY OF NORTH AMERICA 1600 ARfi STREET. PHILADELPHIA. PENNSYLVANIA 19101 LITTLE LEAGUE GENERAL LIABILITY POLICY LITTLE LEAGUE GENERAL LIABILITY POLICY NO. DECLARATIONS Item 1. Named Insured. P.O. Address, and location of operations of Insured: Santa Ana Southwest Little League Santa Ana, Ca. a registered Little League of Little League Baseball, Incorporated of Williamsport, Pennsylvania. Item 2. Additional Insureds, if any, as respects premises loaned. donated or rented to the Named Insured Little League named in Item I of these declarations NAME AND ADDRESS NAME AND ADDRESS b. XX? ? e Item 3. The premium for this policy is 5 ....... 410.00 .......... _..._..._._, computed on the basis of the following fixed charges: Bass charges for Nameo Insured idenufled in Hem 1, above. Leagues wlihout a "Senor Division" I Leagues with a "Senor Division" (Excluding Soft- i (Including Soft (Excluding Soft- (Including Solt bail Program) ball Program) ball Program) ball Program) $215.00 $310.00 $290.00 $385.00 Surcharge for each "Big League" Team: $30.00 Charge for each additional insured name.] in Item 260. above _.. _.. ..... _......_ __.__5 i5. cc Charge. d any. for Non Cwneo or Nired Auto 5 Item 4. Term of policy. From.... ..... Starch 1.L% t ._.._. _...___..10 January 1, 10 12'.01 A.M , standard time at the Insured's address. Item 5. Coverage is afforded in accordance with the attached Little League General Liability Policy. The limit of the Company's liability for each coverage shall be as stated herein, subject to all the terms of the policy having reference thereto_ Coverage A Coverage 8 Bodily Injury Liability — $300,000 each occurrence Property Damage Liability — $25,000 each occurrence l $300,000 aggregate $25,000 aggregate Item 6. Form number(s) of ormted endorsement(s) attached to policy at inception dater \ OY Rlr e FOR Y HTCL -Aga E IYCL ")I'1 ' D9 'IV 1 C_ o711 3 iOiLRi S 4, R J?'I CLuJ 2A2XED A. . L.1_SfA:1 S '�— .. - - - -- ?LACE OF EUSI ?TeCC OR 3 = "TDTNC^ This Declarations Page, :he Little League General Liability Policy form and attached Endorsements issued to form a part hereof rom- plele the above numeered polic/. LD -C97 B Pro. in U A. (E1 9 85 CA. FL. NJ. NY) MULTI- PURPOSE AMENDATORY ENDORSEMENT FORM (Folftittle League Baseball, Inc." Poliqft) Named Insured Endorsement Number Santa Ana Southwest Little Le gue Policy Symbol Policy Number Policy Period Elfectrve Date of Endorsement LLB 84 74 42 4 March 19, 1986 Insured By (Name of Inwnnce Company) INA The abooa is required to be completed only when this endorsement is issued subsequent to the preparation of the In consideration of an additional premium of included it is understood and agreed that the following conditions marked with an X are made a part of this policy. Property Damage limit of liability is amended to Policy is extended to include coverage for Girls Softball. Coverage applies with respect to teams officially chartered by Little League Baseball, Inc. for parti- cipation in Big League activities. Condition A Limitation of Liability is amended to: CONDITION A Regardless of the number of (1 l Insureds under this policy, 12) persons or organizations who sus- tain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's limit of liability for all damages tai arising out of bodily injury, including damages for care and loss of services, or ib) because of injury to or destruction of property, including the loss of use thereof, or any combination of (a) and (b) as the result of one occurrence shall be: -t The following are added to tnts policy as additional Irsureds: City of Santa Ana Santa Ana Unified School District W 4108 Pin. n V S. A. MULTI -PUSOSE AMENDATORY ENDORSENMT FORM (Fo Little League Baseball, Inc." Poli s) Named Insured Endorsement Number Santa Ana Southwest Little League Policy Symbol I Policy Number Policy Period Effective Date of Endorsement. LLB 84 74 42 4 3/19/86 Insured By (Name of Insurance Company) INA The above is required to be completed only when this endorsement is mued subsequent to the preparation of the policy. In consideration of an additional premium of $13.00 it is understood and agreed that the following conditions marked with an X are made a part of this policy. a Property Damage limit of liability is amended to $100,000. Policy is extended to include coverage for Girls Softball. Coverage applies with respect to teams officially chartered by Little League Baseball, Inc. for parti- cipation in Big League activities. Condition A Limitation of Liability is amended to: CONDITION A Regardless of the number of (1 ) Insureds under this policy, (2) persons or organizations who sus- tain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's limit of liability for ail damages ia) arising out of bodily injury, including damages 'or care and loss of services, or Ib) because of injury to or destruction of property, including the loss of use thereof, or any combination of (a) and lb) as the result of one occurrence shall be: The foilowing are added to th;s policy as additional rnsureds: LO -SNdd ?c n - 3 4 n a�trcrlaea aAenr - -- Eli This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. Endorsement effective Named Insured Additional Premium $ (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Policy No. Endorsement No. Countersigned by This endorsement modifies such insurance as Is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE HIRED AUTOMOBILE AND NON -OWNED AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT SCHEDULE GL 04 19 (Ed. 09 82) (Authorized Representative) Insurance is provided only with respect to those coverages for which a specific premium charge Is shown: Coverage Advance Premium Non - Ownership Liability S Hired Automobile Liability S NON - OWNERSHIP LIABILITY The insurance applies to bodily injury or property damage arising out of The use of any non -awned automobile in the business of the named insured by any person other than the named insured. HIRED AUTOMOBILE LIABILITY The insurance applies to bodily injury or property damage arising out of: The maintenance or use of hired automobiles in the business of the named insured by the named insured or an employee of the named insured. 'Nith respect to the insurance provided by this endorsement. .- The ea.usons, other than a.dusic n,I), (g), ill, and the Nuclear Energy Liamiity Excursion iBroad Fbrm ire replaced by the following: al to liability assumed by the insured under any contract or agreement; b) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnity another because of damages arising out of such injury, but this exclusion does not aopfy to any such injury arising out of and in the course of domestic employment by the insured unless benefits therefore are in whale or in part either pay- able or required to be provided under any workmen's compensation ;aw: i.0 to bodily injury or property damage arising out of the ownership, maintenance, operation or use of any nom -awned automobile used in 'he conduct of any partnership or joint venture of which the insured s a dormer or member and which is not aesgnated in the pinky is a named insured; J) to bodily injury or oroperry damage result -a trom the nandlmg of oroperry 1) before It is moved from the place where it is accepted by the person using a nom-owned automobile or a hired automobile for movement into or onto the automobile, or t2) after it is moved from a non -awned automobile or a hired autici bile to the place where it is finally delivered by the person using the automobile; te) to bodily injury or property damage resulting from the movement of property by a mechanical device (other than a hand truck) act at- tached to the hired automobile or non-owned automobile; (h) to property damage to (1) property owned or being transported by the insured or (2) property rented to or in the care, custody or control of the insured, or as to which the insured is for any purpose exercising physical control. 2- The 'Persons Insured" provision is replaced by the foduwmg. Each of the following is an insured under this insurance to the extent set forth below: a) the named insured; b; any ocher person using a hired automobile with the oenn¢sdn of the named insured, but with respect to bodily injury ar properly damage it ing out of the loading or unloading thereof such other person snail be an insured omy if be is: q a lessee or borrower of such automobile, or 2) in employee of the named insured or of such lessee or borrower ci with reseed to a non -owned automobile any partner or executive nflcer it the named insured, but only wwle such automobile is tieing ased .n the business of the named insurad: dt any other person or organization, but nn:v .nth respect to his or its irinty because of icts or omissions of an insured inner a, b or c 3odve GL 04 19 09 82 Fiie i it 2 • • GL 04 19 igd oo 83 hone of life foliowmg is an insured . tai any person engaged In the business of ms empmvel wilt, respect tc bodily injury to any lellow employee of such person mlmed In the Course Of his ern DIOVrnent. (b) any partner or executive officer wild respect to an automobile owril by such partner or officer or a member of his household. (n any person while employed in or otherwise engaged in duties in connection with an automobile business, other than an automobile business operated by the named insured; (d1 the owner or lessee (of whom the named insured is a sublessee) or a hired automobile or the owner of a non owned automobile or any agent or employee of any such owner or lessee. Toe ' Deimihons' provision Is amended to include the iollowmg debm bons "automobile business' means the business or occupation of selling . repainng. servicing, stouog or parking automobiles "hired automobile' mean; an automobile not owned by the named insured whicn is used unoer contract In behalf of, or loaned to, the named insured provided such automobile is not owned by or regls- tered In the name of (a) a partner or executive officer of the named insured or (b1 an employee or agent of Ine named insured who is granted allowance of any sort for the use of such automobile. "non -owned automobile" means an automobile not owned by, regls - tered In the name of, hired by for used under contract in behalf of, or loaned to the named insured; provided that, it the named insured is a partnership. such automobile is not owned by or registered he the name of a partner thereof. 4, The "Other Insurance' condition Is replaced by the foliownng The insurance afforded by this endorsement shall be excess mswann- over any other valid and collectible Insurance available to the insured. GL 04 19 09 82 Page 2 of 2 INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA A Stock Insurance Company, herein called the Company In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the Named Insured as follows: LITTLE LEAGUE GENERAL LIABILITY POLICY COVERAGE- INSURING AGREEMENTS I. COVERAGE A— BODILY INJURY LIABILITY COVERAGE B— PROPERTY DAMAGE LIABILITY The Company will pay on behalf of the Insured all sums which the Insured shay become legally obligated to pay as damages because of A. bodily injury or B- property damage to which this insurance applies caused by an occurrence and the Compam shalt have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage. even it any of the allegations of the suit are groundless false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient. but the Company shall not be obligated to pay any claim or judgment or to defend any Suit after this applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply. (a1 to liability assumed by the Insured under any contract or agreement extent an incidental contract but this exclusion does not apply to a warranty of fitness or quality of the Named Insured's products or a warranty that work performed by or on behalt of the Named Insured will be done in a workmanlike manner, (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any Insured,or (2) any other automobile or aircraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Named Insured or the ways immediately adjoining, it such automobile is not owned by or rented or loaned to any Insured. (c) to bodily injury or property damage arising out of (1) the ownership, maintenance operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (21 the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the trans- portation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured; Off to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or (2) any other watercraft operated by any person in the course of his employment by any Insured. but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the Named Insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke. vapors, soot, fumes, acids, alkalis. toxic chemicals, liquids or gases. waste materials or other irritants. contaminants or pollutants into or upon land, the atmosphere or any water course or body of water. but this exclusion does not apply if such discharge, dispersal, release or escape Is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the Insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (h) tc bodily mlury or property damage for which the insured or his indemnitee may De held liable (]) as a person or organization engaged in the business of manufacturing- ds- trauting. selling or serving atconohc beveages- of 21 if not so engaged. as an owner or lessor of premises used for suet. putocscs . t sach habibty is imposed to by or because o' the violaripn Ot, am statute . ordinance or reg- !atipn as' - taming to the sale. gdt distribution or us= of any alcoholic beverages or if i) by reason of the selling serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or can tributes to the intoxication of any person. but part (ii) of this exclusion does not apply with respect to hamlib of the Insured m his indemnitee as an owner or lessor described in (2, aoove . iil to any obligation for which the Insured or any carrier as his insurer mat be helc liable under any workmen's compensation unemployment compensation o, 0:c Ability benefits law, or under any similar law. I)) to bodily injury to any employee of the Insured arising out of and in the course of his employment by the Insured or to any obligation of the Insured to indemnity another because of damages arising out of such injury: but this exclusion does not apply to liability assumed by the Insured under an incidental contract (kl to property damage to 11) property owned or occupied by or rented to the Insured. (2) property used by the Insured. or (3) property in the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control: but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by. rented to or controlled by the Named Insured (f) to property damage to premises alienated by the Named Insured arising out of such premises or any part thereofi fm)to loss of use of tangible property which has not been physically injured or destroyed resulting from (11 a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement. or 0 the failure of the Named Insured -s products or work performed by or on behalf of the Named Insured to meet the level of performance, quality. fit ness or durability warranted or represented by the Named Insured: but this exclusion does not apply to loss of use of other tangible property result- ing from the sudden and accidental physical injury to or destruction of the Named Insured's products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person at organization other than an Insured; (n) to property damage to the Named Insureds products arising out of such prod- ucts or any part of such products: (o) to property damage to work performed by or on behalf of the Named Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of the use of the Named Insured's predicts or work completed by or for the Named Insured or of any property of which such products or work form a part, it such products, work or property are withdrawn from the market or from use because of any known or suspected detect or deficiency therein; (q) to bodily injury or properly damage arising out of ( I ) the use. sale or possession. by or on behalf of the Insured. of fireworks. (2) mechanical or animal rides operated by or on behalf of the Insured. M 0 0 COVERAGE— INSURING AGREEMENTS— (Continued; to damages claimed with respect to liablhry assumed by the Insured under any incidental contract'. (11 lot bodily injury or property damage for which the Insured has assumed liability under any contract or agreeml if such injury or damage occurred prior to the execution of the contract or agreement. (2) it the mdemnilee of the Insured is an architect, engineer or surveyor. 10 the liability of the Indemncee, his agents or employees, arising out of an the preparation or approval of maps. drawings, opinions, reports. surveys„ change orders designs or specifications. or (b) the giving of or the failure to give directions or instructions by the moemmtee. his agents or employees provided such giving or failure to give is the primary cause of the bodily injury or property damage. 1 II. PERSONS INSURED Etch of the following is an Insured under this insurance to tors exfen: set forth t iow. (a) the Named Insured, meaning the association or organization reamed in Item I, of the Declarations, (b) The executive officers. directors. managers. coaches. umpires and sponsors of the Named Insured and. when officially authorized by the Named Insured or the executive officers or directors thereof. ali volunteer workers. affiliated auxil :ary organizations and members thereof: but only with respect to the operations or the Named Insured; (d any person (other than an employee of the Named Insured' or organization while acting as real estate manager for the Named Insured. and d! with respect 10 the operation. for One purpose of locomotion upon a public mgh- way. of mobile equipment registered under any motor vehicle registration law. (il any employee of the Named Insured while operating any such equipment m the course of his employment, ant (iii any other person while operating with the permission of the Named Insured any such equipment registered In the name of the Named Insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible Insurance available either on a primary or excess basis. to such person or organization . provided that no person or organization shall be an Insured under this paragia,t. (d) with respect to (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the Named Insured or the employer of any person described in subpara graph (ii). The Company will pay, in addition to the applicable limit of liability: 111. LIMITS OF LIABILITY Regardless of the number of (It Insureds under this oobc) 2I persons or organiza- tions who sustain bodily Injury or property damage. or 13: claims made or suits brought on account of bodily Injury or property damage. the Company s habihty is limited as follows Coverage A —The total liability of the Company for all damages, including damages for care and loss of services. because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily Injury liability stated in the declarations as applicable to each occurrence" Subject to the above provision respecting each occurrence ". the total liability of the Company for all damages because of (1) all bodily injury Included within the con pleted operations hazard and (2) all bodily injury included within the products hazard shall not exceed the limit of bodily Injury liability stated In the declarations as °aggregate Coverage B —The total liability of the Company far all damapec because of al. crrp- arty damage sustained by one or mpfe persons o' drgan;zalmns as Inn result d, . any one occurrence shall not exceed the limit of property damage hal llly s;afeC it me declarations as applicable to'each occurrence' Subject to me above provision respecting each occurrence's the Total habii1, the Company for all damages because d all property damage to wmcr tnis covorape applies and described in any of the numbered suboa.agranns below. Mali net exceed the limit of property damage liabihty staled in the declarations as 'aggrera: (11 all property damage arising out of and occurring in the cou,se of op_ra'rops performed for the Named Insured by inoependen: contractors and general supervision thereof by the Named Insured including any such property dam- age for which liability is assumed under any incidental contract relating to such operations but this subparagraph U) does not Include oroperty carfare arising out of maintenance or repairs at premises owned by or rented Is the Named Insured or struriural alterations at such premises which do not involve changing the size of or moving buildings or other structwes; (2) all property damage included within the products hazard and all property damage included within the completed operations hazard Such aggregate limit shall apply separately to the property damage described in subparagraohs (1) and (2) above. and under subparagraph 0), separately with respect to each project away from premises owned by or rented to the Named Insured. Coverages A and B —For the purpose of determining the limit of the Company's liability. all bodily Injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY This Insurance applies only to bodily injury or property damage which occurs within the policy territory. SUPPLEMENTARY PAYMENTS (a) all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company nas paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; Ib) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the appli cable limit of liability of this policy, and the cost of bail bonds required of the Insured because of accident or traffic law violation arising out of the use of When used in this policy (including endorsements forming a part hereof) any vehicle to which this policy applies, not to exceed $250 per bail bond. but the Company shall have no obligation to apply for or furnish any such bonds. (c) expenses incurred by the Insured for such Immediate medical and surgical first aid to others as shall be imperative at the time of any accident resulting m bodily injury to which this policy applies. other than those npored while gran lining for or participating in any athletic contest, game or sport. (d) reasonable expenses incurred by the Insured at the Company s request In assist ing the Company in the investigation or defense of any claim or suit, indudmg actual loss of earnings not to exceed $25 per day. DEFINITIONS "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment, "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting there from; ..completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. "Operations' include materials, parts or —2— equipment furnished in connection therewith. Operations shall be deemed completer at the earliest of the following times (1) when all operations to be performed by or on behalf or the Named Insured unde the contract have been completed, (2) when all operations to be performed by or on behalf of the Named Insured at th, site of the operations have been completed. or (3) when the portion of the work out of which the injury or damage arises has beer put to its intended use by any person or organization other than another con tractor or subcontractor engaged in performing operations for a principal as I part of the same project. Operations which may require further service or maintenance work, or correction repair or replacement because of any defect or deficiency, but which are others complete, shall be deemed completed. • DEFINITIONS -- (Continued) • The completed operations hazard does not include bodily injury or property damage . ing out of d operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, x) the existence of tools, uninstalled equipment or abandoned or unused mate- rials, or J operations for which the classification stated in the policy or in the Company's manual specifies "including completed operations "; ator' means any hoisting or lowering device to connect floors or landings, ter or not in service, and all appliances thereof including any car, platform. hoistway, stairway, runway, power equipment and machinery; but does not le an automobile servicing hoist, or a hoist without a platform outside a ing if without mechanical power or if not attached to building walls, or a hod aterial hoist used in alteration, construction or demolition operations. or an led conveyor used exclusively for carrying property or a dumbwaiter used sively for carrying property and have a compartment height not exceeding feet; contract" means any written contract or agreement relating to the of the Named Insured ", as defined in this policy; red" means any person or organization qualifying as an Insured in the "Per Insured" provision of the applicable insurance coverage. The insurance afforded Is separately to each Insured against whom claim is made or suit is brought, t with respect to the limits of the Company's liability; 'mohfle equipment" means a land vehicle fincluding any machinery or apparatus attached thereto), whether or not self - propelled, 11) not subject to motor vehicle ,egistration. or (2) maintained for use exclusively on premises owned by or rented :o the Named Insured. including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of a permanently attached to such vehicle: power cranes, shovels. loaders, diggers and drills; concrete mixers (other than the mix in-transit type); graders, scrapers, rafters and other road construction or repair equipment; air compressors, pumps and gen- erators, including spraying, welding and building cleaning equipment; and geophys- roal exploration and well servicing equipment: —Named Insured" means the person or organization named in the declarations of :his policy; The policy does not apply: "Named Insured's products" means goods or products manufactured, sold. handled or distributed by the Named Insured or by others trading under his name, including any container thereof (other than a vehicle), but "Named Insured's products' shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury of property damage neither expected nor intended from the standpoint of the Insured; "Operations of the Named Insured" means all operations necessary or incidental to the conduct of baseball or softball games, including practice, exhibition or scheduled games between regular league members. farm teams or otherwise. and participation in regional "play -off" or "Little League World Series" contests; the ownership, maintenance or use of baseball parks, bleachers, stadia, grounds or other premises; the construction, alteration or repair of new or existing structures upon the premises of the Named Insured or elsewhere, whether performed by the Named Insured or by others; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) internalionat waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (U above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and Property damage arising out of the .Named Insured's products or reuance upon a representation or warranty mace It any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others; "property damage" means (I) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any hme resulting therefrom, or 12) loss of use of tangible property which has not heen ;,nvsicady injured or destroyed provided sucn toss it use is caused by an occurrence spring the policy period: NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insur- ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such policy out for its termination upon exhaustion of Its limit of liability: or :2) resuding from the hazardous properties of nuclear material and with resoect to winch a) 3n'/ person or orgamzancn s regpued to .Tamiam 5nancial protection oursuant to the Atomic Energy Act of 1954, or Say law amendatory thereof. or fb) the Insured is or had this policy not been issued would be. entitled to indemnity from the United States of America. or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organizaation. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid. to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material. if (1) the nuclear material (a) is at any nuclear facility awned by, or operated by or on benaif of, an Insured or b) has been aischarged or dispersed therefrom; r2) the nuclear material is contained in spent fuel or ,vaste at any rime oes- sessed. handled used. processed, stored. transcorrea or disposed of bi or an oenalf of an msurecr or (3) the bodily Injury or prpoer:q damage arises out of rhp furmshmg oy an Ins'area it seroces, r..o[erials, parts or ea,,or ^en[ n :anre,t!on 'w;[h ;h_ pl3mmng. cons[ actiGn. mainten2nce, nPefanen Or Jse of any nuc:e3f 'aeidh. but it sucn f3allty a'owteq mihin the Ini!e! States o) Amend. as terrdones or prs:essruns pr Canau3, this axc _ szn .3) aouree awry m prep.,;, smogs !0 sucn 11Jcre3r: 1cuity 1110 any po_oeily thereat. II. As used in this endorsement: "hazardous properties" include radioactive. toxic or explosive properties: "nuclear material" means source material, special nuclear material or bypicauc: material: "source material ", "special nuclear material ", and "byproduct material" have 'Fa meanings given them in the Atomic Energy Act of 1954 or In any law amerro:_rr, !hereof: 'spent fuel" means 3nv 'utll element it b.,el ccr ponent. solid it 4quu0 _ .vv.c7 ,as peen jeep cr exposed to radiation 'n 3 ^Lc;e3f feactcr. "caste" means any waste material 1) containing byproduct material Sea �! resulting from the operation by any person or organization of any nuclear 'ac;6r/ :.Piloted within the definition of nucte3r facility under paragraph la) or bl thereof: "nuclear facility" means a) any nuclear reactor. bl any equipment or device designed or used for IU secar3ting the sotpoes of uranium or plutonium. 2) processing or utilizing scent fuel. :r c, 'handling, processing or packaging waste, 'c) any equipment or device used for the processing. `.abncanng or aileecg It special nuclear material if at any time the total amount of sun II rial in the custody of the Insured 31 the premises wnere such ee31eTe,,' or device is located consists of or contains more than `5 ;moans ci :outonmm or uranium 233 or =.ny ccmmnation thereof- or more •.ra=n ,'d grams of oration 235, 'd) env s:rpptnfe, patio, excavari9n premises or place oreoared or _ten me storage it disposal of was:a- ma . ncludes the site in wnicn inv if the 'pregomg s locate! all ocrat :,-s coGCuC!ed Ja tucri site Intl 311 3renlSes :: I 'Af Elton tce'3 f;Gni "nuclear reactor' Beans any iuoarc ',3 iPs er e3 3 "us 3 r -:r non 'n a se' supper'_:ng rain re '.cr or 3 ..cntain 3 rot c"i 7,1is of i _— - ma[eriai: .property damage nc:udes all tar -;- r 0 CONOfTICKS Premium The premium for this policy shall be the sum stated in the first line of Item of the Declarations and /or in any applicable amendatory endorsements attached hereto. Inspection and Audit The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall consti- tute an undertaking, on behalf of or for the benefit Of the Named Insured or others. to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. .. The Company may examine and audit the Named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future such under nsnerance asrrs afforded by this Dnlricyeforlbddilynnjulryrliability bof responsibility law, damage liability shall comply with the provisions of such law to the extent of reimburse gthe liability Company for payment ment made by the Companys agrees which would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. t. insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect ro the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses. snail be given oy or for the Insured to the Company or any of its authorized agents as soon as practicable. (b) immedatelymforward suit the bCompanyg elvery ldemandfenotice ,(summons or ade or other process received by'nim or his representative. :.c) The Insured shall cooperate with the Company and, upon he Company s regcest, assist in marling Settlements, in the conduct o l!sard in e.nftwn ,rig any ngnt of contribution or indemnity against any Person ,,no may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy: and the insured l hall attend hearings and trials and assist in securing and giving obtaining the attendance of witnesses. The Insured shall not. except at his twit cost. voiuntanly make any payment. assume any obligation or incur anv expense other than for first aid to others at the time of accident. 5. Arbitration With respect to liability assumed once, an "incidental contract as defined in 'his n theo,choiceeot arrb lratcaala 4e aentitled thee conduct, of any arb insured's rights nil 6. Action Against Company precedent No ac it roll lie against the Company unlex i as a f the to her- a snail have peen half rr1O,3n e with all t the ,I h,uefbecn r --Ill , l t D' h e nc ..n h t on pC, ^ea ur r �, cd P. t a'ealns, he p afed aC[ -.�i ',i3 df by n en ag' =ement a, lne Insured- he claunant -,nd the C.. r paoy- Ary Der_an or organization or the legal representative 'h =reef who has to ecuver cneer [bigot¢YOtro thwritten extent of the t� nsuralnceea c czrd by this entitled icy. No person er orgamlicyt shad have any fight antler this acl'cy 'o loin the N Qer- as a parry to any action age the Ins -red to de.= rr'.ire the Insureds .ability. nor snail the Company be imoiemi by the Inmrza Or rS �e S -sore Shall not r elievrrhe yC'omoany +ofnanyoof its obligations be resnaersured s =:ute 1. other Insurance The 'insUtn ce C2dardi d bY this absence, ofcoin,, tU 3nce stated 0 app'y r1 u this insurance is primary and the Insured has other insurance heham stated to be applicable to the loss on an excess or contingent basis, the Company's liability under this policy shall not be reduced by the existence of such other insurance. I to the loss on the same When both this insurance and other lasuran cthe Company shall not be liable basis, whether primary, excess or contingent, under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be eacha nsurer con reater ranoequal sfhare Until then shawould e lof ayable if equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not the rem hen continue to of thedremain ngaramount ofr the (loss until each such ins equal urer has paid ,its limit in full or the full amount of the loss is paid- (h) contbution by equals shares• such not be I able not fr provide agrreater proportion it for such ulossl bears to the total limit of limit liability of all valid and collectible insurance against such loss. 8. Subrogation the Company shall be szhro In the event of any payment under this policy, gated to all the insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers ad do afteever else prejudice such to secure such rights. The Insured shall do n 9. Changes 4011ce to person shall not agent ffect ra waiver or apchangeei any any part of this policy cy any or esto the Company from asserting any right under the terms of this policy; nor She ! the terms of this policy be waived or changed, except by endorsement rssueo to form a part of this policy. 10. Assignment Assignment of interest under this policy shall not bind the Company until consent Is endorsed hereon: if, however. the Named insueedV amid die, a s insurance as is afforded by this policy shall app Y legal representative. as the Named Insured. but only while acting with :n respect to the prop "- scoDe of his duties as such, antl l2) with erty of the Named Insured, to the person having proper temporary custody thereof, as Insured. but only until the appointment and qualification of the legal representative. It. Cancellation This policy may he conceited by the Named insurerd by storm C thereof. to'z, Comoanv or any of its authorized agents or by H notice sayimg woen thereafter the cancellation shall eNamedrinsu This n c. may oe cancelled by the Company by g 'address shown in this policy, written notice stating when not less than 3O sav thereafter soon cancellation shall be effective. The mailing of notice as a':re said shall be sufficient proof of notice. The time of surrender or the el'I ', date and hour of cancellation stated in the notice shall become the end at policy Period. Delivery of such •vi-itten notice, either by the Named s -•a_ by'r,= rim ny. shall .gavw ant to mailing the It o d carc re.s arned d. a ?2mpinmall he a�teddal r at, the C mo adjustment may oe made at the snail g - time cancela idn s effected rho ! lactl ,ad,. vee but apaym'�entade tenders of unearned loremt -able n tacphdits't� °•! e:13! on. 12. Declarations - Bv acceptance cf this pm =cY. `emeris andnrepresentations.a that th c eke decarations are 'ms a4 fee ¢sued in reliance upon the truth of such representations hell m rs embodies all agreements existing between himself and the Ccoany c of Its agents relating to this insurance. IN WITNESS 'WHEREOF the INSURANCE COMPANY OF NORTH AMERICA has caused this policy to be signed by its President and a secretary at Philadelphia, Pennssytva-a : countersigned an file Declarations page by a duly Authorized Agent of the Company. IIIII�I�� II I III III I Id�i�illl l III �'�IIIIL II NAME AND 1DDRI-5S CF AGFNC'I NANCARROW INSURANCE A ;I3NCY 1400 N. HARBOR. BOULEVAKD SUITE 640 FULLERTON, CALIFORNIA 92635 —. --- — -- .— _ —. —_.- 11.11__.. —_. 4,.114, — NAME AND 1DDRI`55 OF INSURED SOUTHWEST SANTA ANA LITTLE LEAGUE, INC. & SANTA ANA. 'POP WARNER FOOTBALL, INC, c/o MR, CHUCK WINN 1239 SOUTH ROSS SANTA ANA, CALIFORNIA 92707 This is to rertihf tha, policies of insurance I stet below have been issued 1:'. I u 1 in : I d r of any co,'rac: or rther document with nspe� 1 to All this certificate I .r in a : terms, ex, usions E Id! cl:Inditor$ of such polices._ COMPANY TY°E'JF U IN,RANCE 01 ICY NLII IR OTTER _1111___ _. _—_ -1111-- _ — — — - — .1111... —__. GENE'IFIAL. LIABILITY 1111--- - - J COkll'RFHF NSI'VF FORM A - PREN '�E OPERATIONS UAP 6- 08- 48 -20 -00 IXPL LION AND COLLAPSE IT sn RE JIINDE Rb ROUND HAZARD PROD JO TS, M P. F I FD Z ErATIONS HAZARD 'OR1C UAL INSURANCE 1311 RM PROPERLY DAMAGI ❑ INDP ENDENI CCNTRACTOY.S PI RS DIAL IN AJRY - 1111_ 11. ALI —11MIOBILE LIABILITY 'CO PEN NSNF IORM IwN o TIFT NUIN J VLIV IAN[ D EXCESS LlABILIT'Y -- 1�1 UMRlFLUI IORM. !J OT HI R I HqN UMb RE LL L FORA' 1MOFfKEI >S' ('OMPENSATION and LMPLOYEFtS' I_IABILITV OTHER .11..11. C l F1' IhFFORDINIGi l;7IDId EiFhl'41iEi ti f'4;EAT AKER.ICAN INSUI;ANC'E COMPAN4 I Ffz �:,I. I T f i I 1 - - - - -_- - -- 4,4,-11.. I T f t for the policy period indicated ab v�7rq}[T{]{t2(+3Eltllt>QMr hbt vnh!l ar din try lr µlinrrenl t In'l or ro cliliur %l, -ny c:r� surzncea .yt Apoir.Isde=cr Gr :I here n Is s It iii .o all :In:. LY, . _ rf _ Willy ... ....1111 Lim Willy hnusan I : f-6-01-6 I- .Y _ _ EACH A( F B131' CULFINCE PERIOn OD _- __...__.__._.__.... RLeI , 114,11 �R, $ , 9/24/83 t 9/24/84 PROPLII IY DV M AGf 301111 NJUEY AND S00 PRLPL O .�IY AM IGI_ F .;500 QLHINEI ------------------ .__...______- _...__.._____— .1111.- .- --------- .. PFF;CN6L INJIT V` 1111 1111.. _ _ BOD'II i114J H i 11-11 I RODI_'1 INFJFY iLACH AC;J[, III PR(t F I ! r11t l $ BO II Y IV IIJF I IN PR II 1;1Y '.A1 _ $ - rrfl Nr D eo IY INIDDY 1Nc PR L VDid41GL ri $ Ni I unrrr DESCRIPTION OF OPERATIONSILOCATIONSNLHICLFS DESIGNATION OF PREMISES: MEMORIAL PARK 2100 S. FLOWER SANTA ANA, CALIFORNIA Cancellation: Should any of the above described oolici!•, be cancl ed Lefore the expirAion date tTEleof, the issuing com- pany will ems 30 days written notice to the below named certificate holder, M7=3GMX r�7@ R�7 �$ RL° F[ ��R�CI '�i�3�k�.ldl�t�4L9ktX}14[�@4H4i SEE ATTACHED FOR ENDORSEMENT NAMING CITY OF SANTA ANA AS ADDITIONAL INSUR] - NAME ANIJADDRESS OF CERT IFICATIi HOLDER CITY OF SANTA ANA, ITS OFFICERS, E DATLISSUCD— _._91121$3___.__..__ - 1111_ 1111____ LOYEES AND AGENTS C/o THE CITY CLERK 20 CIVIC CENTER PLAZA i - - - - -_- SANTA ANA, CALIFORNIA 92702 AUIHORVED Rr:PRE<ENTATIVE - -- 4,4,4,4, -- — ---- ACORD 25 (1 19) • GL d. 20 11 This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise staled herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. Named Insured Additional Premium S Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE ADDITIONAL INSURED (Premises Leased to the Named Insured) It is agreed that the "Persons Insured" provision is amended to include as an insured the person or organization designated below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional exclusions: The insurance does not apply: to any occurrence which takes place after the named insured ceases to be a tenant in said premises; 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below. Designation of Premises (Part Leased to Named Insured) 2100 S. FLOWER MEMORIAL PARK SANTA ANA, CA. GL 20 11 07 66 SCHEDULE Name of Person or Organization (Additional Insured) CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AND AGENTS C/0 CITY CLERK 20 CIVIC CENTER PLAZA SANTA ANA, CA. 92702 Annual Premiums Bodily Property Injury Damage Liability Liability INCL. INCL. J- saaama aazzr: sasssazaacasmmaaaaamscszamamaassacrsaamrmms srmmssasasssaazaamamammsaa ',Insured Policy Number: UAP 6- 08 -48 -20 - 00 ---------------------------------°--------------------------------------------- Effective Date ( Policy Period 1 Authorized Representative / / 1 / / to I / 1 ------------------------------------------------------------------------------ Complete the above spaces if this endorsement is not attached to the policy when issued* asaaassascssammaaassascasaammaas sassramsaaaasaassasaasesaasaaaaaaaaaa amasaassaasa GENERAL ENDORSEMENT CANCELLATION CLAUSE ENDORSEMENT CANCELLATION CLAUSE IS AMENDED AS FOLLOWS: CANCELLATION: THIS POLICY MAY BE CANCELLED by THE NAMED INSURED BY SURRENDER THEREOF TO THE COMPANY OR ANY OF ITS AUTHORIZED AGENTS OR BY MAILING TO THE COMPANY kRITTEN NOTICE STATING WHEN THEREAFTER THE CANCELLATION SHALL BE EFFECTIVE. THIS POLICY MAY BE CANCELLED BY THE COMPANY BY MAILING TO THE NAMED INSURED AT THE ADDRESS SHOWN IN THIS POLICY• WRITTEN NOTICE STATING WHEN NOT LESS THAN THIRTY DAYS THEREAFTER CANCELLATION SHALL BE EFFECTIVE. THE MAILING OF NOTICE AS AFGRESAID SHALL BE SUFFICIENT PROOF OF NOTICE* THE TIME OF SURIENGER OR THE EFFECTIVE DATE AND HOUR OF CANCELLATION STATED IN THE NOTICE SHALL BECOME THE END OF THE POLICY PERIOD* DELIVERY OF SUCH WRITTEN NOTICE EITHER 3Y THE NAMED INSURED OR BY THE COMPANY SHALL BE EQUIVALENT TO MAILING* THIS POLICY IS SUtU.JECT OTHERWISE TO ALL ITS TERMS. F14004H_(Ed•_12 /821 PRO (Page 1 of I MAYOR R. W. Luxembourger VICE MAYOR Daniel E. Griset COUNCILMEMBERS John Acosta Gordon Bricken P. Lee Johnson Patricia A. McGuigan Dan Young August 5, 1983 ►_A­ i Southwest Santa Ana Little League, Inc. c/o Mr. Chuck Winn 1239 South Ross Santa Ana, CA 92702 ft CITY OF SANTA ANA ALL - AMERICA CITY 1982 -83 CITY MANAGER A.J. Wilson CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy As required by the conditions set forth in your agreement with the City of Santa Ana, dated February 22, 1982, you are required to have appropriate Certificates of Insurance on file in the Clerk of the Council's office. The Certificate of Insurance currently on file in the Clerk's office will expire on Septerrber 24, 1983. We are requesting that you forward a new Certificate of Insurance to this office as soon as possible. Thank you for your prompt attention to this matter. CLERK OF THE COUNCIL ccy Bykbn1cDea?f Asst. Clerk of the Council lg Enclosure 20 CIVIC CENTER PLAZA • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 834 -4906 I IIIIII IIIII I i01' 'FVDAIt OT r " 500, 'r I III `ICN III i�� a C i;I;6r'i'�I I '� Y I IIIII r dg Ia�III I I I I I I I I I i Ili �!I JI will, 11111 : ICI��arl�:�IIrI181 I� 1A WMF AIID rl. :fr'r: f Ill AGEnCV 1 fAL _e ACI:IOEIViI NANCAlUi INSURANCE AGENCY LII` 1400 N. HARBOR BOULEVARD, SUITE 640 FULLER'ON, CALIFORNIA 92635 ":'I' I I ^TI - -- —St -- NAME AT C I : I NS ED SOUTHWEST. SANTA ANA LITTLE LEAGUE, INC, NLI & SANTA ANA POP WARNER FOOThALL, INC, c/o MR, CHUCK WINN I'I' 1239 SOUTH ROSS 'EODCV ?.. I11" .ND SANTA Ar3A- ,.- _.C�.% IE9- RNS�i_.._22.70Z. - _ ,1, ' `_ l- his iso it), Fairies 0l insurance Iis I!,l Ill have teen ill u+: C I. u''I'. II I.I:LD '.. of any :ePll IN n � [ Ihe, dorurnent writ .r's is I o whlrhl tils curl hi 1.. 1 a .1 : ay : o' terms, r II .I: ITJ nndt0onsQ uch) ..can. COMPIW'� (I IN' IrIRANCF OI ) II II LCTTER - h I 4E1tt L.IABILITV fit] I I ' °EF iNS':E FORM A XXF I ',9,r1 -Of IL RAT ION', UAP 384 57 26 I... C.:I , ,RCN ANC, CO =LA ^SF , r I I.hFUUN- IWARI;. r { R I(' 1 `.iC(Ioi I EFFD IIDl !gnONS HAZARD AC [JAI_ I'VSURANCE F aC -IRM 14OPER1 1' peel1 IIIL9FU N NI C9NrRAC TORS V I !. 01 INJURY IT0101i LIABILITY "I 'I r`NSVL TORN I I ' Y.t 1141 I l n II; RM I 1 )11 IANUMIl I ,P• INOI COMPENSATION, and EMPLOYERS LIABILITY OTHER �11,C[jf�',II',,li��lll `p; I N II I I � III�I III I'I 'II II11Il i . I �I Illu lii��l ill6 Ili Ili �i rvill�ili li :� I� A I'IFlDItIIIN; CI;'1 i:Iifil IlE1WI GREAT- - AMERIC.Ali .- ]INSURANCE .COMPAil s r kliaira f Piste' Jn,, 3r r r er a ^r r tuI s r r .e �o'ir:Ir;eJ b, :a'p:i dl ,9h,:.�9 r r � I � ' th IN Fr _._.. - -. II I 9/24/83 tl xl , )Af F I I I C )LI -N, Jil) ND I i01' 'FVDAIt OT ' 500, 500, Il NT I) IIF, 4AL d -.lI nrl ^�J'll, - - 'Friar r'C'tSOe I 1A 1 fAL _e ACI:IOEIViI HeCl.I v'MJ, (.0 I�)EI I if na01': r. V OAr/ R NLI ). -_ -. _. .. 'EODCV ?.. I11" .ND OI DALr '.Gt l a E -. t 4' DESCRIPTION OF OPERATIONSAOCATIONSWEHICI -FS -- DESIGNATION OF PREMISES: MEMORIAL PARK 2100 S. FLOWER SANTA ANA, CALIFORNIA Cancellation: Should any of the above described pchcie° h� cancelled before the exDir,ilion liale tnererlf Ine onl pany will eXXlLXXXrXXaid __3.0__ days written notice to the below named cerhflcaLe ro dE r. JmtA?ffi1I4ilextx 4{d ih�] C4�4iffi4L4F] Chi�khi' 3�iL9$ ft�' 1Z5t7� '7kh��.�k$�RYC�L�L:f��S[5f �9f��{ SEE A�TTAC IEILEOR ENDORSEMENT_ MMING CITi SANTA ANA AS ADDITIONAL INSURED NAMF ANL AODRES501 't RT'FICAiF HOUJEH CITY OF SANTA ANA, ITS OFFICERS, DATE ISSUED- 191- 15182 ILOYEES AND AGENTS — ISANTAVANA, CALIFORNIA 92702 - — Ic /o THE CITY CLERK I A nnomiFr rc Rr ,ervi Al yr 70 i ACORD 25 I xauaolly 00 5oe, wa add a This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No Endorsement No. Named Insured Additional Premium $ Countersigned by GL 20 11 (Ed. 07 66) (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE ADDITIONAL INSURED (Premises Leased to the Named Insured) It is agreed that the "Persons Insured" provision is amended to include as an insured the person or organization designated below, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional exclusions: The insurance does not apply: 1. to any occurrence which takes place after the named insured ceases to be a tenant in said premises: 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below. SCHEDULE GL 20 11 07 66 Annual Premium, Bodily Property Designation of Premises Name of Person or Organization Injury Damage (Part Leased to Named Insured) (Additional Insured) Liability Liability 2100 S. FLOWER CITY OF SAD ?T^ ASIA, ITS INCL. MEMORIAL PARK OFFICERS, EMPLOYEES AND SANTA ANA, CA AGENTS C/O CITY CLERK 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 GL 20 11 07 66 '82 OCT 18 P10 :05 CLERK CITY October 11, 1982 CRY OF SANTA AN# CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA • SANTA ANA • CALIFORNIA 92701 Mr. Chuck Winn 1239 S. Ross Santa Ana, California 92707 RE: MEMORIAL PARK CONCESSION STAND INSURANCE REQUIREMENT As required by the conditions set forth in your agreement with the City of Santa Ana, dated May 7, 1979, you are required to have appropriate Certificates of Insurance on file in the Clerk of the Council's office. The insurance certificate received in the Clerk's office on September 30, 1982 only insures through October 24, 1982, while your agreement with the City runs through December 31, 1982. Per the stipulations of your agreement, you must provide insurance for the duration of the agreement and therefore we request that the appro- priate Certificate of Insurance be provided immediately. Thank you for your prompt attention to this matter. CLERK OF THE COUNCIL By: Nanc Byron can Asst. Clerk of the Council c: City Attorney ind !r NoC [mill }VIV I11 • • •' ININIIIIIIIII IIIN■N■11 ■II NAME AND ADDRESS OF AGENCY COMPANY GREAT RTCAN.—INSURANCE _COhP.AN1 - -._. NANCARROW INSURANCE AGENCY Effective 12:01am 9/24/ 19 82 1400 N. HARBOR BOULEVARD #640 Expires E 12:01 am ❑ Noon 10L24 82 FULLERTON, CALIFORNIA 92635 ....?_9 D This binder is issued to extend coverage in ':he af: ove narned company per expiring policy # (except as noted t ciawi _ NAME AND MAILING ADDRESS OF INSURED Description of Opersition /Vehicles / Propperty SOUTHWEST SANTA ANA LITTLE LEAGUE, INC & SANTA ANA POP WARNER FOOTBALL, INC. CONCESSION STAND 2100 SOUTH FLOWER, MEMORIAL PARK SANTA ANA, CALIFORNIA Type and Location of Property Coverage /Perils /Fbims Amt of Insurance fined. c� P R BUILDING COVERAGE FOR CONCESSION 0 STA14D LOCATED IN MEMORIAL PARK "ALL RISK" 40,000 500 90% P E R T Y Type of Insurance Coverage /Forms _ Limits of Liability Each occurrence Aggregate L _ Scheduled Form D Comprehensive Form _ -- Bodily Injury $ $ A B $XPremises /Operations Property I ❑ Products/ Completed Operations Damage $ $ -_ ❑ Contractual I El Property 5nD,_ono T D Mted. Payyecif$below) $ $ L, DO 000- _ 5 r r�Per Aamre�t D Personal Injury DA D B D C Personal Injury $ Limits of Liability A U D Liability D Non owned D Hired Bodily Injury (.Each Person) $ T D Comprehensive Deductible $ Bodily Injury (Each Accident) $ 0 D Collision - Deductible $ Property Damage $ M 0 D Medical Payments $ B D Uninsured Motorist $ 1 D No Fault (specify): Bodily Injury 1L Property Damage L D Other (specify): Combined $ El I D WORKERS' COMPENSATION — Statutory Limits (specify states below) D EMPLOYERS' LIA131LITY — Limit $ SPECIAL CONDITIONS /OTHER COVERAGES 30 DAY NOTICE OF CANCELLATION, NONRENEWAL, ETC. NAME AND ADDRESS OF D MORTGAGEE D LOSS PAYEE: XXADD'L INSURED CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES AND AGENTS LOAN NUMBER C/O CITY CLERK 20 CIVIC CENTER PLAZA SANTA ANA, CA. 92702 9/29/82 Signature of uthonied Representative Date ACORD 75 (11 -77) a Y '82 SEP 30 A 9 35 011y AV, I CONDITIONS A !,!,I AoujopV Al!j (TJT�0004f G8vma3 ­77UZ A 70, To: Allen E. Doby/ Di rector Date: From: Ron Ono /Landscape Architect pp9 Subject: MEMORIAL CONCESSION STAND (S /41 LITTLE LAETND PO PIARNFF October 7, 1982 Per conversation with Lynnette Gertz in the City Clerks office, their department will send a letter to the above parties, requesting clarification and extension of the one month insurance policy. `VW on Ron no Landscape Architect RO:mm cc: Lynnette Gertz, Deputy Clerk of the Council J,h - AC 5a i oKde %�,4( oat,i( A „(r,u zarl AIr,e, ( e September 29, 1982 '82 SEP 30 P1 :26 „ CITY OF SANT,L, ANNA. �, - r— 4lt1,:v " HE t,UU : ; C11 r OF sAINtA A✓yA'` Mr. Chuck Winn 1239 S. Ross Santa Ana, CA 92707 SUBJECT: MEMORIAL PARK CONCESSION INSURANCE REQUIREMENT (SOUTHWEST LITTLE LEAGUE AND POP WARNER) Dear Mr. Winn: Under the present agreement with Southwest Little League and Pop Warner, both parties, individualy or jointly are to provide General Liability Insurance against any liability arising from the operation or property damage of said concession stand (Agreement - Paragraph 15), which was provided at the time of the agreement. Said insurance expired on 8/1/82 and you are now required to submit a new policy, which you indicated would be submitted to the City Clerk's Office by 9/20/82. To this date, we have not received the new insurance policy. Please provide said policy to the City Clerk's Office by October 7, 1982, or we have no choice, but to close the use of the facility to your perspective leagues. If you have any questions you may call me at 834 -4145. Sincerely, Allen E. Doby Director Recreation, Parks and Community Services AED:RO:mm cc: Mike Roustan, Southwest Little League Ed Cooper, City Attorney Janice Guy, Clerk of the Council ,L VIQ' 4 1 CO-%C MEMBER John Acosta Dance E G se; 1 Ogden :'ainc�a A. Mcc,:,an AI(reoC Sena!, September 29, 1982 0 CITI' OF SA'N'TA ANA Southwest Little League and Pop Warner (Memorial Park Concession STand) Mr. Mike Roustan 321 East Occidental Santa Ana, CA 92705 SUBJECT: CONCESSION STAND AGREEMENT Dear League President: Just a friendly reminder, that your present agreement with the city, concerning the interior construction and operation of the concession stand will expire on December 31, 1982. We noted there are some areas or items in the concession stand that are not fully completed /per terms of the agreement. Please make every effort to complete your interior work by November 30, 1982 or it may be difficult to extend your agreement at the end of the year. If there are any questions concerning the completion of said stand, please call Ron Ono in my office at 834 -4145. Thank You for your cooperation in this matter and may you have a successful season next year. Sincerely, Allen E. Doby Director Recreation, Parks and Community Services AE D:RO:mm . , '/ MEMO A M Alan Doby, Director To: Rec. & Parks MM23'? Date F Edward J. Cooper, City Attorne ��'� September 9, 1982 `om RECEIVED Subject AGREEMENT WITH SOUTHWEST LITTLE LEgE,AAJJ) POP WARNER FOOTBALL, DATED PFI� RECREAl'ICh & PARKS The above agreement provides for use of the concession stand on Memorial Park, and is due to expire 12/31/82. Paragraph 15 of the agreement requires insurance, which was provided, but which expired on 8/1/82. The insurance company no longer insures on the agreement. It is recommended that you prohibit use of the concession stand, unless and until a new certificate of insurance is provided. ED A • b ER City Attorney EJC:ar cc: Clerk of the Council &LL N � TELL VN&�* C6%Nec5AT76►J w/ G}}UGK U.) I4t1 C55$-S6 (ror � rig u� NE- w010hTrro NC-U3 IW- ?L)a -AQCE c�rY- fL►r�IZ is it co>J»ea� -►� . iN x c� oKrytg w1cL 11�6 MAILeP GtT`l CLEers5 off-t c - �► �/20�82 . Cc (�'n C4�pfef-- , c�t" ft1To �L"-r-- °T rjjC- CeoHe4L_ ' allm non ?, 'Ircrtal hen. h larkx --!! WvarA 1, Mopnc, IA Q Attigue, 1Q , ion! ILL As A. 11. L I you '"V1W MwonaL", 0"70P 1/7/0* Svp afoup ajrnv�nwt yr�vlu"v f0v unp ot t�a onacum4inn mn.; ,m w1wrial P"Vk, 105 in AUU to ex4iry 1•1MV. -Arairm,n 14 A the ogres-cct rej"Iran Knurmcc, wh1 3 qvT mmum, out vhim� ax1irs! on W/82. �m conpany an lonter insurcs ou tne sjrnetenL. it in rccQ,.eu1wz Mat IWO CLVh1K1t SJU A to" 03nuensim SLaal, 0MOSS AW until a new CAttICKAto A inAJr*ncQ Q; C��: CArn It Lin 01UM! Copy of letter sent to only available address - insured named on cert. of ins. President, Southwest Santa Ana Little League, Inc. % Orange Empire Conference P.O. Box 5045 Fullerton, CA 92632 8/12/82 (Alice) MAYOR Gordon Bracken VICE MAYOR R. W. Luxembourger COUNCIL MEMBER John Acosta Daniel E. Griset J. Ogden Markel Patricia A. McGuigan Alfred C. Serrato CITY MANAGER A. J. \Vilson CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy R. W. Mortimer and Associates Insurance Agents and Brokers P.O. Box 5609 Buena Park, California 92632 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • PO. BOX 1988 SANTA ANA, CALIFORNIA 92702 (714) 834 -4900 August 11, 1982 Re: Insured Orange Empire Conference Policy No. 561JD2102 Gentlemen: I have been asked to review the certificate of insurance for the above referenced policy which you sub - mitted'to Jeff Stevens, City of Santa Ana Risk Manager. The certificate shows a policy expiration date of August 1, 1982; further, the certificate fails to name the City of Santa Ana, its officers, employees, and agents as additional insureds, as required by the agreement with South- west Santa Ana Little League, Inc. and Santa Ana Pop Warner Football, Inc. Inasmuch as the agreement, which the subject certificate covers, extends through December 31, 1982, a new certificate of insurance is required immediately, in order that the insured not be in breach of their agreement. Very truly yours, EDWARD J. COOPER City Attorney By RICHARD E. LAY Assistant City Attorney REL:ar cc: President, Southwest Santa Ana Little League, inc. Clerk of the Council Risk Manager 11•1,11 `7 [fir ss it rCjI "IFY 1, A, MORTIMER I I C t lis I-)[Al llj,l�l I , T, 11I PIJJRKI` :IA c)01621D Fd P:,[ 1; y I, M,,; I I, 500 I f1 NAME 0 IFPHI -SS I IN, RED Owl UVII:E 001l:Fhl,:'3NCi.'1 C, BID,( 50415 ;,l IIIG 1 500, 2 U-iI 11%bIll'OFTEA �2163' Thisls tC T Il tha pc I cie�� l on-I I txos­ii, I -h-a-vot It _osl_ jRd_t( 1 -11 1 i Ib If aly l; 11 :1 It 01 1 If, 111, 1,111.1 v III lesp, I to ch 1, Ilm er I ale I , III al tSNNl u io ii I it! Jry bons of 51111 lic, ! In. T I AR I I I TEF It 1 f I If Nil; I GI:W Ni L �i A1131111111 A I 561JD2102 R I, KR -:I I'llIJI L) I T If 'I III PAZ,'FI I 'IlA Of J ' ( N'FLJTf I )p 111 'N AH p I )NJ is N' LI: SP r4f I ljA H I Sf l? " `,0PIR )A01,I, D-I I N 1 11 Nflip Xj PI: I,, I", It,, I It, AU-011I I I L I LIAIRII 111 I N /', L IA -BUT I if, I If[ Pl' lJORK E 1, S f�ONIPIEII 1: 11' Jill Il M III I j4 R3 LIASC T 'I OE HFR It[ SCRIP, N 'I t IIII A I )cA nollit"Vi III. 25 (: ✓-D Al FORDING C�1:11YEIIII IJI ST. PALL F11!E AND MARINE .lUS CERTIF17ATE,; IS 'loll AN 11-13'LEP, [I'], IC 1- 1 AMEND OR A1,1'.,; i THi - )LICY AYE. D'0,411cl NI 'OVERAG L AFF ORIE . IuSDI 1T THE CE11TIFICATE, AND NOTWITH,11.1-NDIT": ?NY RECliblREMENT, TEM I 00I OF .ONTRACT CR 3TEER D1011I WITH [�5PLGI , J - `0 WHICH ]HE CERTIFI:ATE L DS )IJAI-;, TY: 21SURAYCE AFFORDED :By I L MMUDITO AILPIDI: U i mat i if i: il 11 I If 11 ` I I; I '­,, , I I S IX U111I I 0I 10411HIM11 AP .' �' j. 2 I%/ lVill ill l, 1 1 1 1w, --3Q— Cv, it r� I fit I �jil IT ;,if, n'll f1 pot, r" ')b I-T r I . k 1, 1 ,Dc j r 1 ,,ley I , N A ) I) I I F f JEFF ST=N CITY OF SANTA ANA RISK MMAQED P. 0, BOX 1988 SANTA ANA, CALIFORNIA 92702 ­1 ___ __ - ___ ­ i I I sill I , -APRIL 9,_ 1982 - slr I I J, ( If I Z F I I H F f N A I I A I I-)[Al llj,l�l I , T, P:,[ 1; y I, M,,; I I, 500 ;,l IIIG 1 500, T I AR I If Nil; R I, -:I I'llIJI L) I T IX U111I I 0I 10411HIM11 AP .' �' j. 2 I%/ lVill ill l, 1 1 1 1w, --3Q— Cv, it r� I fit I �jil IT ;,if, n'll f1 pot, r" ')b I-T r I . k 1, 1 ,Dc j r 1 ,,ley I , N A ) I) I I F f JEFF ST=N CITY OF SANTA ANA RISK MMAQED P. 0, BOX 1988 SANTA ANA, CALIFORNIA 92702 ­1 ___ __ - ___ ­ i I I sill I , -APRIL 9,_ 1982 - slr I I J, ( If I Z F I I H F f N A I I A I 1 Concealment, fraud. This entire p�shall be void if, whether 2 before or after a loss, the insured wilfully concealed or mis- 3 represented any material fact or circumstance concerning this 4 insurance or the subject thereof, or the interest of the insured 5 therein, or in case of any fraud or false swearing by the insured 6 relating thereto. 7 Uninsurable and excepted property. This policy shall not cover 8 accounts, bills, currency, deeds, evidences of debt, money or 9 securities; nor, unless specifically named hereon in writing, 10 bullion or manuscripts. 11 Perils not included. This company shall not be liable for loss by 12 fire or other perils insured against in this policy caused, directly 13 or indirectly, by. (a) enemy attack by armed forces, including 14 action taken by military, naval or air forces in resisting an actual 15 or an immediately impending enemy attack; (b) invasion; 16 (c) insurrection; (d) rebellion; (e) revolution; (f) civil war; 17 (g) usurped power; (h) order of any civil authority except acts 18 of destruction at the time of and for the purpose of preventing the 19 spread of fire, provided that such fire did not originate from any 20 of the perils excluded by this policy; (i) neglect of the insured to 21 use all reasonable means to save and preserve the property at 22 and after a loss, or when the property is endangered by fire i t 23 neighboring premises; (j) nor shall this company be liable for 24 loss by theft. 25 Other insurance. Other insurance may be prohibited or the 26 amount of insurance may be limited by endorsement attached 27 hereto. 28 Conditions suspending or restricting insurance. Unless otherwise 29 provided in writing added hereto this company shall not be liable 30 for loss occurring (a) while the hazard is increased by any 31 means within the control or knowledge of the insured; or (b) 32 while a described building, whether intended for occupancy by 33 owner or tenant, is vacant or unoccupied beyond a period of 34 60 consecutive days; or (c) as a result of explosion or riot, 35 unless fire ensue, and in that event for loss by fire only. 36 Other perils or subjects. Any other peril to be insured against 37 m subject of insurance to be covered in this policy shall be by 38 endorsement in writing hereon or added hereto. 39 Added provisions. The extent of the application of insurance 40 under this policy and of the contribution to be made by this com- 41 pany in case of loss, and any other provision or agreement not in- 42 consistent with the provisions of this policy, may be provided for 43 in writing added hereto, but no provision may be waived except 44 such as by the terms of this policy or by statute is subject to 45 change. 46 Waiver provisions. No permission affecting this insurance shall 47 exist, or waiver of any provision be valid, unless granted herein 48 or expressed in writing added hereto. No provision, stipulation 49 or forfeiture shall be held to be waived by any requirement or 50 proceeding on the part of this company relating to appraisal or 51 to any examination provided for herein. 52 Cancellation of policy. This policy shall be canceled at any time 53 at the request of the insured, in which case this company shall, 54 upon demand and surrender of this policy, refund the excess of 55 paid premium above the customary short rates for the expired 56 time. This policy may be canceled at any time by this company 577 by giving to the Insured a five days' written notice of cancellation 80 Pro rata lilfty. This company shall not be liable for a 81 greater prop M n of any loss than the amount hereby insured 82 shall bear tote whole insurance covering the property against 83 the peril involved, whether collectible or not. 84 Requirements in case loss occurs. The insured shall give wW 85 ten notice to this company of any loss without unnecessary de- 86 lay, protect the property from further damage, forthwith sepa? 87 rate the damaged and undamaged personal property, put it In 88 the best possible order, furnish a complete inventory of the de. 89 stroyed, damaged and undamaged property, showing in detail 90 quantities, costs, actual cash value and amount of loss claimed; 91 and within 60 days after the loss, unless such time is extended 92 in writing by this company, the insured shall render to this com- 93 pany a proof of loss, signed and sworn to by the insured, stating 94 the knowledge and belief of the insured as to the following: the 95 time and origin of the loss, the interest of the insured and of all 96 others in the property, the actual cash value of each item thereof 97 and the amount of loss thereto, all encumbrances thereon, all 98 other contracts of insurance, whether valid or not, covering any 99 of said property, any changes in the title, use, occupation, loca- 100 tion' possession or exposures of said property since the issuing of 101 this policy, by whom and for what purpose any building herein 102 described and the several parts thereof were occupied at the 103 time of loss and whether or not it then stood on leased ground, 104 and shall furnish a copy of all the descriptions and schedules in 105 all policies and, if required and obtainable, verified plans and 106 specifications of any building, fixtures or machinery de- 107 stroyed or damaged. The insured, as often as may be reason - 108 ably required, shall exhibit to any person designated by this 109 company all that remains of any property herein described, and 110 submit to examinations under oath by any person named by this 111 company, and subscribe the same; and, as often as may be rea- 1 12 sonably required, shall produce for examination all books of 113 account, bills, invoices and other vouchers, or certified copies 114 thereof if originals be lost, at such reasonable time and place as 115 may be designated by this company or its representative, and 116 shall permit extracts and copies thereof to be made. 117 Appraisal. In case the insured and this company shall fail to 118 agree as to the actual cash value of the amount of loss, then, on 119 the written demand of either, each shall select a competent and 120 disinterested appraiser and notify the other of the appraiser 121 selected within 20 days of such demand. The appraisers 122 shall first select a competent and disinterested umpire; and fail - 123 ing for 15 days to agree upon such umpire, then, on request of 124 the insured or this company, such umpire shall be selected by a 125 judge of a court of record in the state in which the property cov- 126 ered is located. The appraisers shall then appraise the loss, 127 stating separately actual cash value and loss to each item; and, 128 failing to agree, shall submit their differences, only, to the um- 129 pire. An award in writing, so itemized, of any two when fled 130 with this company shall determine the amount of actual cash 131 value and loss. Each appraiser shall be paid by the party 132 selecting him and the expenses of appraisal and umpire shall 133 be paid by the parties equally. 134 Company's options. It shall be optional with this company to 135 tae all, or any part, of the property at the agreed or appraised PI iICt PROVISIONS — PART 1 ST. PAUL FIRE AND MARINE INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY St. Paul, Minnesota t"ul Properly&Liability Insurance (A Capital Stock Company, herein called this Company) IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF the premium, this company, for the term of 1 from inception date At 12:01 a.m. (Standard Time) to expiration date At 12:01 a.m. (Standard Time) at location of property involved to an off e d not exceeding the amount(s) specified in the Declarations, does insure the insured named in the Declarations an legal representatives, to the e of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstrn by reason of( my ordinance zany eventaforr moretlthanotheri�nterest or iherinsured, against aPeLOSSoBYfor FIRE, LIGHTNING AND BYeREMOVAL FROMnI ISIS atENDOWED QBYI THE' PERILS INS' RoDrataAlorSirveNdaHSstlPOLICY, ach p open place 10 which F co PROVIDED, the property eshallpnece described herein preservation from the perils insured against in this policy, but not elsewhere. which are hereby n Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, Dart of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. I his docume STANDARD t is merely for the convenie a Of the Insured. It is not a policy andreonfers ights on the holder. FIRE INSURANCE POLI EMORANDUM COPY ST. AUL FIRE AND MARINE INSURANCE COMPANY Renewal of number: H r:. N, Insureds OiiANGi: EMPIRE Cm LR "IC ; Name AGENT and P.O. BOX 5045 Address FULLEiTONI, CALIFORNIA 92632 AND CODE Porky 4 -1 -82 4 -1 -83 1 Term: INCEPTION (MO. Day Year) EXPIRATION (MO. Day Year) YEARS E R.W. 'L ORTIMER & ASSOCIATES P.O. BOX 5609 BUENA PARK, CA. 90620 :Q J .o J ro= It is important that the written portions of all policies coverin 9 the same Property { p perty read exactly alike. If they do not, they should be made uniform at once. -ra C ' INSURANCE IS PROVIDED AGAINST I tl Item No. 1. NLY THOSE AND FOR ONLYTHOSE AGAINST OTHER PERILS AND FOR PERILS COVERAGES ONLY WH NE ENDOR EDI HEREON BELOW OR ADDED HERETOCHARGE AND01 N f5 DESCRIPTION AND LOCATION OF PROPERTY COVERED: Show address (NO., Street, City, County, State, Zip Code) construction, type of roof and occupancy of building(s) Covered or containing pro Dwelling Business Only n• pmtY coveted. If Occupietl Pro - asa dwelling state if building is a seasonal m farm dwelling. If commerCidl state enact nature of tectlOn Fe<I Miles Ib manufacturer, wholesaler Or retailer) Or the service or activity involved. Product (and whether o I S V<ar No' of From From n Families Zone Hydrant Fire Dept ON THE CLASS "C" BUILDING OCCUPIED AS S 1° EQUIPMENT STORAGE AND SNACK BAR, SITUATE: I -2 2001 S. FLKER, SANTA ANA, CALIFORNIA Item PERIL(S) INSURED AGAINST No. AND COVERAG E(S) PROVIDED (INSERT NAME OF EACH) 1. 1FIRE AND LIGHTNING EXTENDED COVERAGE Subject to Form No(s) Pee Cent of Co-Im.omee Applicable 80% R.W. MORTIMER & ASSOC. Amount of Insurance $40,000 Insurance Agents & Brokers 6300 Beach Blvd., Box 5609 ZEE- Buena Park, CA 90620 THE MiNczI1RANCE�AGEN MPAy $ Pee Cent of Co-Im.omee Applicable 80% Deductible Amount $100. Amount of Insurance $40,000 Rate .339 Phmuitl or Installment Premium Due At Inception Installment Premium Due At Each Anniversary $ 136.00 $ XXXXXX ,080 32.00 .010 4.00 06 24.00 - 1.00 TOTAL PREMIUM FOR POLICY TERM PAID IN INSTAI I hr) c r 0013 (9 -79) CF 1201 ) ewln.h w u.CFP4����41a77�.a) attached hereto. Mortgage Clause: Subject to the provisions of the mortgage clause attached hereto, loss, if any, on building items, shall be payable to: Provisions Required by Law to be Stated in this .R'r..Me(4) OF ,.R an. a,A1�rNp x..uass(ee) relating to Guaranty Surplus and Special Reserve Funds." 437, General Laws dof 1909n pursuance of the laws of the State of Minnesota, APRIL 7 1982 BUENA PARK. CALIFORNIA Countersignature Date Agency at rd:EM,CRANL'UAi CG�--y +k SPECIAL BUILDING FORM CF 00 13 `® ( Ed. 09 79) THIS FORM CANCELS AND REPLACES ANY COVERAGE ON BUILDINGS PROVIDED UNDER ANY OTHER FORM MADE A PART OF THIS POLICY, BUT ONLY WITH RESPECT TO BUILDINGS TO WHICH THIS FORM IS SHOWN TO BE APPLICABLE. Insurance applies only to item(s) specifically described in this policy for which an amount of insurance is shown and, unless otherwise provided, all provisions and stipulations of this form and policy shall apply separately to each such item. SECTION 1— PROPERTY COVERED When insurance under this policy covers "Building(O', such insurance shall cover in accordance with the following description of coverage. COVERAGE A— BUILOING(S): Building(s) or structure(s) shall include at- tached additions and extensions; fixtures, machinery and equi ment con- stituting a permanent part of and pertaining to the service oTthe build - ing(s); materials and supplies intended for use in construction, alteration or repair of the building(s) or structure(s); yard fixtures; personal property of the named Insured used for the maintenance or service of the described building(s), including fire extinguishing apparatus, outdoor furniture, floor coverings and appliances for refrigerating, ventilating, cooking, dishwash- ing and laundering (BUT NOT INCLUDING OTHER PERSONAL PROPERTY IN THIS POLICY DOES NOT COVER: APARTMENTS OR ROOMS FURNISHED BY THE NAMED INSURED AS LAND- LORD); all while at the described premises. DEBRIS REMOVAL: This policy cowers expense incurred in the removal of debris of the property covered hereunder which may be occasioned by loss by a peril not otherwise excluded. THE TOTAL AMOUNT RECOVERABLE UNDER THIS POLICY FOR BOTH LOSS TO PROPERTY AND DEBRIS REMOVAL EXPENSE SHALL NOT EXCEED THE AMOUNT OF INSURANCE APPLYING TO THE DESCRIBED PROPERTY. SECTION 11— PROPERTY NOT COVERED A. OUTDOOR SWIMMING POOLS; FENCES; PIERS, WHARVES AND DOCKS, BEACH OR DIVING PLATFORMS OR APPURTENANCES; RETAINING WALLS NOT CONSTITUTING A PART OF A BUILDING; WALKS, ROADWAYS AND OTHER PAVED SURFACES. B. THE COST OF EXCAVATIONS, GRADING OR FILLING; FOUNDATIONS OF BUILDINGS, MACHINERY, BOILERS OR ENGINES WHICH FOUNDATIONS ARE BELOW THE UNDERSURFACE OF THE LOWEST BASEMENT FLOOR, OR WHERE THERE IS NO BASEMENT, BELOW THE SURFACE OF THE GROUND; PILINGS, PIERS, PIPES, FLUES AND DRAINS WHICH ARE UNDERGROUND, PILINGS WHICH ARE BELOW THE LOW WATER MARK. C. OUTDOOR SIGNS, WHETHER OR NOT ATTACHED TO A BUILDING OR STRUCTURE. 0. LAWNS, OUTDOOR TREES, SHRUBS AND PLANTS, EXCEPT AS PROVIDED IN THE EXTENSIONS OF COVERAGE. E. PROPERTY WHICH IS MORE SPECIFICALLY COVERED IN WHOLE OR IN PART BY THIS OR ANY OTHER CONTRACT OF INSURANCE, EXCEPT FOR THE AMOUNT OF LOSS WHICH IS IN EXCESS OF THE AMOUNT DUE FROM SUCH MORE SPECIFIC INSURANCE. SECTION III — PROPERTY SUBJECT TO LIMITATIONS THE FOLLOWING PROPERTY IS SUBJECT TO THESE ADDITIONAL LIMITATIONS A. PLUMBING, HEATING, AIR CONDITIONING OR OTHER EQUIPMENT OR APPLIANCES (EXCEPT FIRE PROTECTIVE SYSTEMS) ARE NOT COVERED AGAINST LOSS CAUSED BY OR RESULTING FROM FREEZING WHILE THE DESCRIBED BUILDINGS ARE VACANT OR UNOCCUPIED, UNLESS THE NAMED INSURED SHALL HAVE EXERCISED DUE DILIGENCE WITH RESPECT TO MAIN- TAINING HEAT IN THE BUILDINGS OR UNLESS SUCH EQUIPMENT AND APPLI- ANCES HAD BEEN DRAINED AND THE WATER SUPPLY SHUT OFF DURING SUCH VACANCY OR UNOCCUPANCY. B. STEAM BOILERS, STEAM PIPES, STEAM TURBINES OR STEAM ENGINES ARE NOT COVERED AGAINST LOSS CAUSED BY ANY CONDITION OR OCCURRENCE WITHIN SUCH BOILERS, PIPES, TURBINES OR ENGINES (EXCEPT DIRECT LOSS RESULTING FROM THE EXPLOSION OF ACCUMULATED GASES OR UNCON- SLIMED FUEL WITHIN THE FIREBOX, OR COMBUSTION CHAMBER, OF ANY FIRED VESSEL OR WITHIN THE FLUES OR PASSAGES WHICH CONDUCT THE GASES OF COMBUSTION THEREFROM). C. HOT WATER BOILERS OR OTHER EQUIPMENT FOR HEATING WATER ARE NOT COVERED AGAINST LOSS CAUSED BY ANY CONDITION OR OCCURRENCE WITHIN SUCH BOILERS OR EQUIPMENT, OTHER THAN AN EXPLOSION. 0. GLASS IS NOT COVERED AGAINST LOSS FOR MORE THAN $50 PER PLATE, PANE, MULTIPLE PLATE, INSULATING UNIT, RADIANT HEATING PANEL, JALOU- SIE, LOUVER OR SHUTTER, NOR FOR MORE THAN $250 IN ANY ONE OCCUR - ENCE, UNLESS CAUSED BY FIRE, LIGHTNING, WINDSTORM, HAIL, AIRCRAFT, VEHICLES, DISCHARGE FROM FIRE PROTECTION OR BUILDING SERVICE EQUIPMENT, EXPLOSION, RIOT OR CIVIL COMMOTION, AND THEN THIS COM- PANY SHALL BE LIABLE ONLY TO THE EXTENT THAT SUCH PERILS ARE INSURED AGAINST IN THIS POLICY. E. FENCES, PAVEMENTS, OUTDOOR SWIMMING POOLS AND RELATED EQUIP- MENT, RETAINING WALLS, BULKHEADS, PIERS, WHARVES OR DOCKS, WHEN COVERED UNDER THIS POLICY, ARE NOT COVERED AGAINST LOSS CAUSED BY FREEZING OR THAWING, IMPACT OF WATERCRAFT, OR BY THE PRESSURE OR WEIGHT OF ICE OR WATER WHETHER DRIVEN BY WIND OR NOT. F. METAL SMOKESTACKS AND, WHEN OUTSIDE OF BUILDINGS (1) AWNINGS OF FABRIC OR SLAT CONSTRUCTION, CANOPIES OF FABRIC OR SLAT CON- STRUCTION, INCLUDING THEIR SUPPORTS, AND (2) RADIO OR TELEVISION ANTENNAS, INCLUDING THEIR LEAD -IN WIRING, MASTS OR TOWERS ARE NOT COVERED AGAINST LOSS CAUSED BY ICE, SNOW, SLEET, WINDSTORM OR HAIL. AGAINST LOSS CAUSED BY NOW, SAND OR DUST ENTERING THE BUILDINGS THROUGH ROOF OR WALLS MADE BY DIRECT ACTION OF WIND OR LOSS RESULTS FROM FIRE, LIGHTNING, AIRCRAFT, VEHI- RIOT, CIVIL COMMOTION, VANDALISM, MALICIOUS MIS - ICE, SNOW OR SLEET TO THE EXTENT THAT SUCH PERILS VST IN THIS POLICY. H. BUILDINGS OR STRUCTURES IN PROCESS OF CONSTRUCTION, INCLUDING MATERIALS AND SUPPLIES THEREFOR, WHEN COVERED UNDER THIS POLICY, ARE NOT COVERED AGAINST LOSS UNLESS CAUSED BY FIRE, LIGHTNING, WINDSTORM, HAIL, AIRCRAFT, VEHICLES, SMOKE, EXPLOSION, RIOT, CIVIL COMMOTION, VANDALISM OR MALICIOUS MISCHIEF, AND THEN THIS COM- PANY SHALL BE LIABLE ONLY TO THE EXTENT THAT SUCH PERILS ARE INSURED AGAINST IN THIS POLICY. I. PROPERTY UNDERGOING ALTERATIONS, REPAIRS, INSTALLATIONS OR SERVICING IS NOT COVERED AGAINST LOSS IF SUCH LOSS IS DIRECTLY ATTRIBUTABLE TO THE OPERATIONS OR WORK BEING PERFORMED THEREON, UNLESS A PERIL NOT EXCLUDED BY THIS POLICY ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY LOSS CAUSED BY SUCH ENSUING PERIL. SECTION IV— EXTENSIONS OF COVERAGE Except with respect to Extension 0, Replacement Cost: (A) Each of the limits of liability specified for the following Extensions of Coverage applies as an additional amount of insurance. (B) The Coinsurance Clause shall not apply to loss under the Extensions of Coverage. THE TOTAL AMOUNT RECOVERABLE UNDER THE EXTENSIONS OF COVERAGE IN THIS FORM AND EXTENSIONS OF COVERAGE IN ANY OTHER FORM MADE A PART OF THIS POLICY ARE NOT CUMULATIVE AND SHALL NOT EXCEED THE LARGEST AMOUNT RECOVERABLE UNDER ANY SINGLE FORM MADE A PART OF THIS POLICY. WHEN, IN ACCORDANCE WITH THE OTHER INSURANCE CONDITION, THERE IS CONTRIBUTING INSURANCE, THIS COMPANY SHALL NOT BE LIABLE FOR MORE THAN ITS PRO RATA SHARE OF THE LIMITS SET FORTH IN THE FOLLOWING EXTENSIONS OF COVERAGE. A. Newly Acquired Property: The named Insured may apply up to 25% of the amount of insurance specified for Building(s), BUT NOT EXCEEDING $100,000, TO COVER DIRECT LOSS IN ANY ONE OCCURRENCE BY A PERIL NOT OTHERWISE EXCLUDED TO THE FOLLOWING DESCRIBED PROPERTY: 1. New buildings and new structures being constructed on the described premises and intended for similar occupancy when not otherwise covered by insurance. THIS COVERAGE SHALL CEASE 30 DAYS FROM THE DATE CONSTRUCTION BEGINS OR ON THE DATE THE CF 00 13 (Ed. 09 79) Page I of 4 VALUES OF NEW CONSTRUCTION ARE REPORTED TO THIS COMPANY, OR ON THE EXPIRATION DATE OF THE POLICY. WHICHEVER OCCURS FIRST. 2. Buildings acquired by the named Insured at any location, else- where than at the described premises, within or between the fifty states of the United States of America, the District of Columbia and Puerto Rico and used for similar occupancies or warehouse purposes. THIS COVERAGE SHALL CEASE 30 DAYS FROM THE DATE OF SUCH ACQUISITION OR ON THE DATE VALUES OF THE BUILDINGS ARE RE- PORTED TO THIS COMPANY, OR ON THE EXPIRATION DATE OF THE POLICY, WHICHEVER OCCURS FIRST. 3. Additional premium shall be due and payable for values so re- ported from the date construction begins or the property is acquired. B. Off- Premises: The named Insured may apply up to 2% of the amount of insurance specified for Building(s), BUT NOT EXCEEDING $5,000, at a described location to cover direct loss IN ANY ONE OCCIrRkENCE by a peril not otherwise excluded to property covered under Buildings) while removed from the described premises for purposes of cleaning, repairing, recon- struction or restoration. THIS EXTENSION OF COVERAGE SHALL NOT APPLY TO PROPERTY IN TRANSIT, NOR TO PROPERTY ON ANY PREMISES OWNED, LEASED, OPERATED OR CONTROLLED BY THE NAMED INSURED. C. Outdoor Trees, Shrubs and Plants: The named Insured may apply up to $1,000 to cover outdoor trees, shrubs and plants at the described premises against direct loss in any one occurrence byy the perils of fire, lightning, explosion, riot, civil Commotion or aircraft, IJUT ONLY TO THE EXTENT SUCH PERILS ARE INSURED AGAINST HEREIN. THIS COMPANY SHALL NOT BE LIABLE FOR MORE THAN $250 ON ANY ONE TREE, SHRUB OR PLANT, INCLUDING EXPENSE INCURRED FOR REMOVING DEBRIS THEREOF. 0. Replacement Cost: In the event of loss to a building or structure covered under this policy, when the full cost of repair or replacement is less than $1,000, the coverage of this policy is extended to cover the full cost of repair or replacement (without deduction for depreciation). COVERAGE SHALL BE APPLICABLE ONLY TO A BUILDING OR STRUCTURE COVERED HERE- UNDER, BUT EXCLUDING OUTDOOR FURNITURE, OUTDOOR EQUIPMENT, FLOOR COVERINGS, AWNINGS, AND APPLIANCES FOR REFRIGERATING, VENTI- LATION, COOKING, DISHWASHING AND LAUNDERING, ALL WHETHER OR NOT PERMANENTLY ATTACHED TO THE BUILDING OR STRUCTURE. THIS COMPANY SHALL NOT BE LIABLE UNDER THIS EXTENSION OF COVERAGE UNLESS THE WHOLE AMOUNT OF INSURANCE APPLICABLE TO THE BUILDING OR STRUCTURE FOR WHICH CLAIM IS MADE IS EQUAL TO OR IN EXCESS OF THE AMOUNT PRODUCED BY MULTIPLYING THE ACTUAL CASH VALUE OF SUCH PROPERTY AT THE TIME OF THE LOSS BY THE COINSURANCE PERCENTAGE APPLICABLE (SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OR BY EN- DORSEMENT). SECTION V— DEDUCTIBLE CLAUSE THE SUM OF $100 SHALL BE DEDUCTED FROM THE AMOUNT OF LOSS TO PROPERTY IN ANY ONE OCCURRENCE, THIS DEDUCTIBLE SHALL APPLY SEPA- RATTLY TO EACH BUILDING. THE AGGREGATE AMOUNT OF THIS DEDUCTIBLE IN ANY ONE OCCURRENCE SHALL NOT EXCEED $1,000. SECTION VI— PERILS INSURED AGAINST This policy Insures against all risks of direct physical loss subject to the provisions and stipulations herein and in the policy of which this form is made a part. SECTION VII — COINSURANCE CLAUSE THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS TO THE PROPERTY COVERED THAN THE AMOUNT OF INSURANCE UNDER THIS POLICY FOR SUCH PROPERTY BEARS TO THE AMOUNT PRODUCED BY MULTIPLYING THE ACTUAL CASH VALUE OF SUCH PROPERTY AT THE TIME OF THE LOSS BY THE COINSURANCE PERCENTAGE APPLICABLE (SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OR BY ENDORSEMENT). IN THE EVENT THAT THE AGGREGATE CLAIM FOR ANY LOSS IS BOTH LESS THAN $10,000 AND LESS THAN 5% OF THE TOTAL AMOUNT OF INSURANCE APPLI- CABLE TO THE PROPERTY INVOLVED AT THE TIME SUCH LOSS OCCURS, NO SPECIAL INVENTORY OR APPRAISEMENT OF THE UNDAMAGED PROPERTY SHALL BE REQUIRED, PROVIDING THAT NOTHING HEREIN SHALL BE CON- STRUED TO WAIVE THE APPLICATION OF THE FIRST PARAGRAPH OF THIS CLAUSE. THE VALUE OF PROPERTY COVERED UNDER EXTENSIONS OF COVERAGE, AND THE COST OF THE REMOVAL OF DEBRIS, SHALL NOT BE CONSIDERED IN THE DETERMINATION OF ACTUAL CASH VALUE WHEN APPLYING THE COINSURANCE CLAUSE. SECTION Vlll— EXCLUSIONS THIS POLICY DOES NOT INSURE UNDER THIS FORM AGAINST: A. LOSS OCCASIONED DIRECTLY OR INDIRECTLY BY ENFORCEMENT OF ANY ORDINANCE OR LAW REGULATING THE USE, CONSTRUCTION, REPAIR, OR DEMOLITION OF BUILDINGS OR STRUCTURES INCLUDING DEBRIS REMOVAL EXPENSE. B. LOSS OCCASIONED DIRECTLY OR INDIRECTLY BY ANY ELECTRICAL INJURY OR DISTURBANCE TO ELECTRICAL APPLIANCES, DEVICES, FIXTURES OR WIR- ING CAUSED BY ELECTRICAL CURRENTS ARTIFICIALLY GENERATED UNLESS FIRE AS INSURED AGAINST ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY LOSS CAUSED BY THE ENSUING FIRE. C. LOSS CAUSED DIRECTLY OR INDIRECTLY BY THE INTERRUPTION OF POWER OR OTHER UTILITY SERVICE FURNISHED TO THE DESCRIBED PREMISES IF THE INTERRUPTION TAKES PLACE AWAY FROM THE DESCRIBED PREMISES. IF A PERIL NOT OTHERWISE EXCLUDED ENSUES ON THE DESCRIBED PREMISES, THIS COMPANY WILL PAY ONLY FOR LOSS CAUSED BY THE ENSUING PERIL. D. LOSS CAUSED BY, RESULTING FROM, CONTRIBUTED TO OR AGGRAVATED BY ANY OF THE FOLLOWING: 1. EARTH MOVEMENT, INCLUDING BUT NOT LIMITED TO EARTHQUAKE, LANDSLIDE, MUDFLOW, EARTH SINKING, EARTH RISING OR SHIFTING; 2. FLOOD, SURFACE WATER, WAVES, TIDAL WATER OR TIDAL WAVE, OVERFLOW OF STREAMS OR OTHER BODIES OF WATER, OR SPRAY FROM ANY OF THE FOREGOING, ALL WHETHER DRIVEN BY WIND OR NOT; 3. WATER WHICH BACKS UP THROUGH SEWERS OR DRAINS; OR 4. WATER BELOW THE SURFACE OF THE GROUND INCLUDING THAT WHICH EXERTS PRESSURE ON OR FLOWS, SEEPS OR LEAKS THROUGH SIDEWALKS, DRIVEWAYS, FOUNDATIONS, WALLS, BASEMENT OR OTHER FLOORS, OR THROUGH DOORS, WINDOWS, OR ANY OTHER OPENINGS IN SUCH SIDEWALKS, DRIVEWAYS, FOUNDATIONS, WALLS OR FLOORS; UNLESS FIRE OR EXPLOSION AS INSURED AGAINST ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY LOSS CAUSED BY THE ENSUING FIRE OR EXPLOSION; BUT THESE EXCLUSIONS SHALL NOT APPLY TO LOSS ARISING FROM THEFT. E. LOSS CAUSED BY: 1. WEAR AND TEAR, DETERIORATION, RUST OR CORROSION, MOLD, WET OR DRY ROT; INHERENT OR LATENT DEFECT; SMOG; SMOKE, VAPOR OR GAS FROM AGRICULTURAL OR INDUSTRIAL OPERATIONS; MECHANI- CAL BREAKDOWN, INCLUDING RUPTURE OR BURSTING CAUSED BY CENTRIFUGAL FORCE; SETTLING, CRACKING, SHRINKAGE, BULGING OR EXPANSION OF PAVEMENTS, FOUNDATIONS, WALLS, FLOORS, ROOFS OR CEILINGS; ANIMALS, BIRDS, VERMIN, TERMITES OR OTHER IN- SECTS; UNLESS LOSS BY A PERIL NOT OTHERWISE EXCLUDED ENSUES AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS; 2. EXPLOSION OF STEAM BOILERS, STEAM PIPES, STEAM TURBINES OR CONDUCT THE LEASED BY OR LOSS EXCEPT BY FIRE OR EXPLOSION NOT OTHERWISE EXCLUDED, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS; 3. VANDALISM, MALICIOUS MISCHIEF, THEFT OR ATTEMPTED THEFT, IF THE BUILDING HAD BEEN VACANT OR UNOCCUPIED BEYOND A PERIOD OF 30 CONSECUTIVE DAYS IMMEDIATELY PRECEDING THE LOSS, UN- LESS LOSS BY A PERIL NOT OTHERWISE EXCLUDED IN THIS POLICY ENSUES, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS; 4. LEAKAGE OR OVERFLOW FROM PLUMBING, HEATING, AIR CONDI- TIONING OR OTHER EQUIPMENT OR APPLIANCES (EXCEPT FIRE PROTEC- TIVE SYSTEMS) CAUSED BY OR RESULTING FROM FREEZING WHILE THE BUILDING IS VACANT OR UNOCCUPIED, UNLESS THE NAMED INSURED SHALL HAVE EXERCISED DUE DILIGENCE WITH RESPECT TO MAINTAIN- ING HEAT IN THE BUILDINGS OR UNLESS SUCH EQUIPMENT AND APPLI- ANCES HAD BEEN DRAINED AND THE WATER SUPPLY SHUT OFF DURING SUCH VACANCY OR UNOCCUPANCY; 5. THEFT (INCLUDING BUT NOT LIMITED TO BURGLARY AND ROBBERY) OF ANY PROPERTY WHICH AT THE TIME OF LOSS IS NOT INSTALLED OR ATTACHED TO AND MADE A PART OF A BUILDING OR STRUCTURE (EXCEPT DIRECT LOSS BY PILLAGE AND LOOTING OCCURRING DURING AND AT THE IMMEDIATE PLACE OF A RIOT OR CIVIL COMMOTION), UNLESS LOSS BY A PERIL NOT OTHERWISE EXCLUDED IN THIS POLICY ENSUES FROM THEFT OR ATTEMPTED THEFT, AND THEN THIS COMPANY SHALL BE LIABLE FOR ONLY SUCH ENSUING LOSS; 6. UNEXPLAINED OR MYSTERIOUS DISAPPEARANCE OF ANY PROPERTY, OR SHORTAGE DISCLOSED ON TAKING INVENTORY, OR CAUSED BY ANY WILLFUL OR DISHONEST ACT OR OMISSION OF THE NAMED INSURED OR ANY ASSOCIATE, EMPLOYEE OR AGENT OF ANY INSURED; OR CF 00 13 (Ed. 09 19) Page 2 of 4 7..CONTIN000S OR REPEATED SEEPAGE 0 KAGE OF WATER OR STEAM FROM WITHIN A PLUMBING, HEATI AIR CONDITIONING SYSTEM OR FROM WITHIN A DOMESTIC APP JANICE WHICH OCCURS OVER A PERIOD OF WEEKS, MONTHS OR YEARS. F. WAR RISK AND GOVERNMENTAL ACTION EXCLUSION: THIS POLICY SHALL NOT APPLY TO LOSS CAUSED, DIRECTLY OR INDIRECTLY, BY OR DUE TO ANY ACT OR CONDITION INCIDENT TO THE FOLLOWING: 1. HOSTILE OR WARLIKE ACTION IN TIME OF PEACE OR WAR, INCLUD- OR I ANY PRLSUMED TO BE SUCH A HOSTILE OR WARLIKE ACTION BY SUCH A GOVERNMENT, POWER, AUTHORITY OR FORCES; 2. INSURRECTION, REBELLION, REVOLUTION, CIVIL WAR, USURPED POWER, OR ACTION TAKEN BY GOVERNMENTAL AUTHORITY IN HINDER- ING, COMBATING OR DEFENDING AGAINST SUCH AN OCCURRENCE:; SEIZURE OR DESTRUCTION UNDER QUARANTINE OR CUSTOM'S REGULA- TIONS, CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC AUTHORITY, OR RISKS OF CONTRABAND OR ILLEGAL TRANSPORTATION OR TRADE. G. Nuclear Clause And Nuclear Exclusion: 1. NUCLEAR CLAUSE (NOT APPLICABLE IN NEW YORK): THE WORD "FIRE" IN THIS POLICY IS NOT INTENDED TO AND DOES NOT EMBRACE NUCLEAR REACTION 0 LEAR RADIATION OR RADIOACTIVE CON- TAMINATION, ALL WH CONTROLLED OR UNCONTROLLED, AND LOSS BY NUCLEAR REAC ,jN OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS NOT INTENDED TO BE AND IS NOT INSURED AGAINST BY THIS POLICY, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY "FIRE" OR ANY OTHER PERILS INSURED AGAINST BY THIS POLICY. HOWEVER, SUBJECT TO THE FORE- GOING AND ALL PROVISIONS OF THIS POLICY, DIRECT LOSS BY "FIRE" RESULTING FROM NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION IS INSURED AGAINST BY THIS POLICY. 2. NUCLEAR CLAUSE (APPLICABLE ONLY IN NEW YORK): THIS POLICY DOES NOT COVER LOSS OR DAMAGE CAUSED BY NUCLEAR REACTION OR NUCLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM AN INSURED PERIL UNDER THIS POLICY, 3. NUCLEAR EXCLUSION (NnT anor rPeOic m urm vnnv,_ I n�� nu �Li­ IN.ciricK UU"FKULLtU UK UNCONTROLLED, OR DUE TO ANY ACTOR CONDITION INCIDENT TO ANY OF THE FOREGOING SNOT INSURED AGAINST BY THIS POLICY, WHETHER SUCH LOSS BE DIRECT OR INDIRECT, PROXIMATE OR REMOTE, OR BE IN WHOLE OR IN PART CAUSED BY, CONTRIBUTED TO, OR AGGRAVATED BY ANY OF THE PERILS INSURED AGAINST BY THIS POLICY; AND NUCLEAR REACTION OR NU- CLEAR RADIATION OR RADIOACTIVE CONTAMINATION, ALL WHETHER CONTROLLED OR UNCONTROLLED IS NOT "EXPLOSION" OR "SMOKE ". THIS CLAUSE APPLIES TO ALL PERILS INSURED AGAINST HEREUNDER EXCEPT THE PERIL OF FIRE, WHICH IS OTHERWISE PROVIDED FOR IN THE NUCLEAR CLAUSE ABOVE. SECTION IX —OTHER PROVISIONS 1. OTHER INSURANCE: A. IF AT THE TIME OF LOSS THERE IS OTHER INSURANCE WRITTEN IN THE NAME OF THE INSURED UPON THE SAME PLAN, TERMS, CONDITIONS AND PROVISIONS AS CONTAINED IN THIS POLICY, HEREIN REFERRED TO AS CONTRIBUTING INSURANCE, THIS COMPANY SHALL BE LIABLE FOR NO GREATER PROPORTION OF ANY LOSS THAN THE AMOUNT OF INSUR. ANCE UNDER THIS POLICY BEARS TO THE WHOLE AMOUNT OF INSUR- ANCE COVERING SUCH LOSS. B. IF AT THE TIME OF LOSS THERE IS OTHER INSURANCE OTHER THAN THAT AS DESCRIBED IN A. ABOVE, THIS COMPANY SHALL NOT BE LIABLE FOR ANY LOSS HEREUNDER UNTIL: (1) THE LIABILITY OF SUCH OTHER INSURANCE HAS BEEN EX. HAUSTED, AND (2) THEN FOR ONLY SUCH AMOUNT AS MAY EXCEED THE AMOUNT DUE FROM SUCH OTHER INSURANCE, WHETHER COLLECTIBLE OR NOT. 2. CONTROL OF PROPERTY: This insurance shall not be prejudiced by any act or neglect of any person (other than the named Insured), when such act or neglect is not within the control of the named Insured. 3. DIVISIBLE CONTRACT CLAUSE: If this policy covers two or more build- ings, the breach of any condition of the policy in any one or more of the buildings covered or containing the property covered shall not prejudice the right to recover for loss occurring in any building covered or containing the property covered, where at the time of loss a breach of condition does not exist. 4. INSPECTION OF PROPERTY AND OPERATIONS: This Company and any person or organization making inspections on this Company's behalf shall be permitted but not obligated to inspect the named Insured's property and operations at any time. Neither the right of this Company and any person or organization to make such inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. 5. LIBERALIZATION: If during the period that insurance is in force under this policy, or within 45 days prior to the inception date thereof, on behalf of this Company there be adopted or filed with and approved or accepted by the insurance supervisory authorities, all in conformity with law, any changes in the form attached to this policy bywhich this form of insurance could be extended or broadened without increased premium charge by endorsement or substitution of form, then such extended or broadened insurance shall inure to the benefit of the named Insured hereunder as though such endorsement or substitution of form had been made. 8. LOSS CLAUSE: Any lass hereunder shall not reduce the amount of this policy. 7. WHEN MORTGAGE POLIICY IS MADE (Not AYABLEPTO AINAMED MORTGAGEE OR TIRUSTEE ) Loss or damage, if any, under this policy, shall be payable to the mort- gagee (or trustee), named on the first page of this policy, as interest may appear, under all present or future mortgages upon the property herein described in which the aforesaid may have an interest as mortgagee (or trustee) in order of precedence of said mortgages, and this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invali- dated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of CF 0013 (Ed.0979) sale relating to the property, nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy; provided, that in case the mortgagor or owner shall neglect to pay any premium due under this policy, the mortgagee (or trustee) shall, on demand, pay the same. Provided, also, that the mortgagee (or trustee) shall notify this Company of any change of ownership or occupancy or increase of hazard which shall come to the knowledge of said mortgagee (or trustee) and, unless permitted by this policy, it shall be noted thereon and the mortgagee (or trustee) shall, on demand, pay the premium for such increased hazard for the term of the use thereof; otherwise this policy shall be null and void. THIS COMPANY RESERVES THE RIGHT TO CANCEL THIS POLICY AT ANY TIME AS PROVIDED BY ITS TERMS, BUT IN SUCH CASE THIS POLICY SHALL CON- TINUE IN FORCE FOR THE BENEFIT ONLY OF THE MORTGAGEE (OR TRUSTEE) FOR 10 DAYS AFTER NOTICE TO THE MORTGAGEE (OR TRUSTEE) OF SUCH CANCELLATION AND SHALL THEN CEASE, AND THIS COMPANY SHALL HAVE THE RIGHT, ON LIKE NOTICE, TO CANCEL THIS AGREEMENT. Whenever this Company shall pay the mortgagee (er trustee) any sum for loss under this policy and shall claim that, as to the mortgagor or owner, no liability therefor existed, this Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all securities held as collateral to the mortgage debt, or may, at its option, pay to the mortgagee (or trustee) the whale principal due or to grow due on the mortgage with interest, and shall thereupon receive a full assignment and transferof the mortgage and of all such other securities; but no subrogation shall impair the right of the mortgagee (or trustee) to recover the full amount of said mortgagee's (or trustee's) claim. 8. PERMITS AND USE: Except as otherwise provided, permission is granted: A. to make alterations and repairs; B. for such unoccupancy as is usual or incidental to the described occupancy; BUT VACANCY IS LIMITED TO THE 60 DAY PERIOD PERMIT- TED BY THE POLICY CONDITIONS ('Vacant" or "Vacancy" means con- taining no contents pertaining to operations or activities customary to occupancy of the building. "Unoccupied" or "UneCCUpancy" means containing contents pertaining to occupancy of the building while operations or other customary activities are suspended); C. in the event of loss hereunder, to make reasonable repairs, temporary or permanent, PROVIDED SUCH REPAIRS ARE CONFINED SOLELY TO THE PROTECTION OF THE PROPERTY FROM FURTHER DAM- AGE, AND PROVIDED FURTHER THAT THE NAMED INSURED SHALL KEEP AN ACCURATE RECORD OF SUCH REPAIR EXPENDITURES. The cost of any such repairs directly attributable to damage by any peril not otherwise excluded shall be included in determining the amount of IN rnHiwutnH IHt REQUIREMENT THAT, NAMED INSURED SHALL PROTECT THE DAMAGE. 9. PROTECTIVE SAFEGUARDS: IT IS A CONDITION OF THIS INSURANCE THAT THE NAMED INSURED SHALL MAINTAIN SO FAR AS IS WITHIN HIS CONTROL SUCH PROTECTIVE SAFEGUARDS AS ARE SET FORTH BY ENDORSEMENT HERETO. Page 3 of 4 • M. CHANU ENDORSEMENT `J *w CF 12 01 (Ed. 09e5) THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERJED BELOW: T T EFFECTIVE DATE COMPANY POLICY NUMBER 4 -1 -82 ST. PAUL FIRE & MARINE TERM FROM 14-1-83 TO FORM NUMBERS AND EDITION DATES 1 4 -1 -82 El CONTRIBUTION % CHANGE IN AMOUNT, RATE, INSUREDS NAME AND MAILING ADDRESS AUTHORIZED REPRESENTATIVE'S NAME AND MAILING ADDRESS ORANGE EMPIRE CONFERENCE R.W. MORTIMER & ASSOCIATES P.O. BOX 5045 P.O. BOX 5609 FULLERTONa CALIFORNIA 92632 BUENA PARKa CALIFORNIA 90620 (9) 1101 (Ill (12) SIGNATURE POLICY CHANGES ADDITIONAL INSURED TO READ: JEFF STEVEN RISK MANAGER 20 CIVIC CENTER PLAZA BOX 1988 SANTA ANAE CALIFORNIA 92702 POLICY AMOUNT AND PREMIUM ADJUSTMENT PREVIOUS INCREASE DECREASE NEW PREMIUM DUE AT ENDORSEMENT EFFECTIVE DATE TOTAL POLICY AMOUNT E TOTAL POLICY AMOUNT $ $ It $ 11 ADDITIONAL RETURN TOTAL INSTALLMENT PREMIUM M TOTAL INSTALLMENT PREMIUM REPORTING FORM DPP CABLE(PREPAID OR BRET PREVIOUS REMOVAL If the Property covered by this Policy Is removed to a new location described, then, subject to all of as provisions and stipulations, thin Policy shall cover at each location PERMIT during removal, for a period of ten (10) days from effective date of this endorsement, in proportion that the value at each location bears to the value of the property covered by this Policy; and thereafter It shall cover at the new location only. RATING INFORMATION DESCRIPTION OF PROPERTY COVERED (STATE COMPLETE DETAILS REQUIRED FOR RATING) DEDUCTIBLE RATE PUBLICATION NUMBER $100 ALL PERIL. El IF REPORTING FORM STATE POLICY El CONTRIBUTION % CHANGE IN AMOUNT, RATE, OR PREMIUM (1) (2) (3) (4) (5) (61 (7) (8) (9) 1101 (Ill (12) 1 AMOUNT Of INSURANCE RATES % TOTAL COMPLETE FOR DEFERRED PREMIUM PAYMENT ONLY T OR 'LIMIT PREPAID El OF COINS. PREMIUM DUE FOR REMAINDER PREMIUM DUE EACH ANNIVERSARY PREMIUM E OF LIAHII.ITY IF AP PIT b OF POLICY TERM DUE FOR TRI$ M PERIL REPORTING FORM DPP CABLE(PREPAID OR BRET PREVIOUS NEW CHANGE ENDORSEMENT ❑ ADDITIONAL NUMBER OF E] INCREASE ADDITIONAL O PREVIOUS NEW PREVIOUS NEW ❑ RETURN- PA DECREASE RETURN RE MA NNNG FIRE $ 8 $ $ $ $ $ EC LCIRI TOTALS $ is 1 $ is is is $ "RETURN PREMIUM COMPUTED ❑ SHORT RATE ❑ PRO RATA (IF FRO DATA ADVISE REASON) Note: "Premium Due at Endorsement Effective Dale" box —enter the total of Col. (8) if prepaid or the total of Col. (12) if D.P.P. ENDORSEMENT NUMBER CF 12 01 (Ed. 09 75) REPLACEMENT COST ENDORSEMENT CF 04 20 (Ed. 04 77) This endorsement applies only to items) of insurance specified on the first page of this policy or by endorsement as being subject to this Replacement Cost Endorsement. 1. In consideration of $1 and the following Coinsurance Clause being made apart of this policy to apply only to the item(s) to which this endorsement applies, which Coinsurance Clause supersedes and replaces the Coinsurance Clause, if any. otherwise applicable to such item(s), the provisions of this policy applicable only to such item(s) are amended to substitute the term "replacement cost" (without deduction for depreciation) for the term "actual cash value" wherever it appears in this policy, subject, however, in all other respects to the provisions of this endorsement and of the policy to which this endorsement is attached. 2. THIS ENDORSEMENT SHALL NOT APPLY TO STOCK (RAW, IN PROCESS OR FINISHED) OR MERCHANDISE, INCLUDING MATERIALS AND SUPPLIES IN CONNECTION THEREWITH, PROPERTY OF OTHERS, HOUSEHOLD FURNITURE OR RESIDENTIAL CONTENTS; OR TO MANUSCRIPTS; OR TO PAINTINGS, ETCHINGS, PICTURES, TAPESTRIES, STATUARY, MARBLES, BRONZES, ANTIQUE FURNITURE, RARE BOOKS, ANTIQUE SILVER, PORCELAINS, RARE GLASSWARE AND BRIC-A- BRAC, OR OTHER ARTICLES OF ART, RARITY OR ANTIQUITY. 3. THIS COMPANY SHALL NOT BE LIABLE UNDER THIS ENDORSEMENT FOR ANY LOSS— A. OCCASIONED DIRECTLY OR INDIRECTLY BY ENFORCEMENT OF ANY ORDINANCE OR LAW REGULATING THE USE, CONSTRUCTION, REPAIR OR DEMOLITION OF PROPERTY UNLESS SUCH LIABILITY HAS BEEN SPECIFICALLY ASSUMED UNDER THIS POLICY; B. UNLESS AND UNTIL THE DAMAGED OR DESTROYED PROPERTY IS ACTUALLY REPAIRED OR REPLACED BY THE INSURED WITH DUE DILIGENCE AND DISPATCH. 4. COINSURANCE CLAUSE: THIS COMPANY SHALL NOT BE LIABLE FOR A GREATER PROPORTION OF ANY LOSS TO THE PROPERTY COVERED THAN THE AMOUNT OF INSURANCE UNDER THIS POLICY FOR SUCH PROPERTY BEARS TO THE AMOUNT PRODUCED BY MULTIPLYING THE REPLACEMENT COST (WITHOUT DEDUCTION FOR DEPRECIATION) OF SUCH PROPERTY AT THE TIME OF THE LOSS BY THE COINSURANCE PERCENTAGE APPLICABLE (SPECIFIED ON THE FIRST PAGE OF THIS POLICY, OR BY ENDORSEMENT), NOR FOR MORE THAN THE PROPORTION WHICH THIS POLICY BEARS TO THE TOTAL INSURANCE THEREON. IN THE EVENT THAT THE AGGREGATE CLAIM FOR ANY LOSS IS BOTH LESS THAN $10,000 AND LESS THAN 5% OF THE TOTAL AMOUNT OF INSURANCE APPLICABLE TO THE PROPERTY INVOLVED AT THE TIME SUCH LOSS OCCURS, NO SPECIAL INVENTORY OR APPRAISEMENT OF THE UNDAMAGED PROPERTY SHALL BE REQUIRED, PROVIDING, THAT NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE APPLICATION OF THE FIRST PARAGRAPH OF THIS CLAUSE. If the coverage under this policy be divided into two or more items, the foregoing shall apply separately to each item to which this endorsement applies. 5. THE INSURED MAY ELECT TO MAKE CLAIM UNDER THE FOREGOING COINSURANCE CLAUSE APPLICABLE CLAIM FOR ANY ADDITIONAL LIABILITY BROUGHT ABC IN WRITING WITHIN 180 DAYS AFTER LOSS OF THE IN DISREGARDING THIS ENDORSEMENT, EXCEPT THAT ILL APPLY; AND THE INSURED MAY MAKE FURTHER PROVISIONS, PROVIDED THIS COMPANY IS NOTIFIED S. THIS COMPANY'S LIABILITY FOR LOSS ON A REPLACEMENT COST BASIS SHALL NOT EXCEED THE SMALLEST OF THE FOLLOWING AMOUNTS: A. THE AMOUNT OF THIS POLICY APPLICABLE TO THE DAMAGED OR DESTROYED PROPERTY; B. THE REPLACEMENT COST OF THE PROPERTY OR ANY PART THEREOF IDENTICAL WITH SUCH PROPERTY ON THE SAME PREMISES AND INTENDED FOR THE SAME OCCUPANCY AND USE; OR C. THE AMOUNT ACTUALLY AND NECESSARILY EXPENDED IN REPAIRING OR REPLACING SAID PROPERTY OR ANY PART THEREOF. 7. APPORTIONMENT CLAUSE: THIS COMPANY SHALL NOT BE LIABLE UNDER THIS POLICY INCLUDING THIS ENDORSEMENT FOR A GREATER PROPORTION OF ANY LOSS THAN THE AMOUNT OF THIS POLICY APPLYING TO THE PROPERTY TO WHICH THIS ENDORSEMENT APPLIES BEARS TO THE TOTAL AMOUNT OF INSURANCE ON SUCH PROPERTY AGAINST THE PERIL INVOLVED, WHETHER OR NOT SUCH OTHER INSURANCE INCLUDES THE EXTENSION OF COVERAGE PROVIDED UNDER THIS ENDORSEMENT, AND WHETHER SUCH OTHER INSURANCE IS COLLECTIBLE OR NOT. 8. If the coverage on property under this policy be divided into two or more items, all of the foregoing shall apply separately to each item to which this endorsement applies. This Endorsement must he attached to Change Endorsementwhen issued after the Policy is written. CF 04 20 (Ed. 04 77) Al Doby, Director, Recreation, Parks, & Community Services Risk Manager February 10, 1982 INSURANCE, BONDING REQUIREMENTS FOR SOUTHWEST SANTA ANA LITTLE LEAGUE You received a copy of my February 4, 1982 correspondence to Mike Roustan, President, Southwest Santa Ana Little League. That letter, sent Return Receipt Requested (Certified), was returned to City Hall today makked "Moved: Left Uo Address." Do you have any suggestions as to how I can get in touch with Mike Roustan or any other individual with the Southwest Santa Ana Little League, in order to clear up the league's insurance required under their License Agreement with the City? Please let me know the individual(s) I should contact. Jeff Stevens Risk Manager MAYOR Gordon Bricken VICE MAYOR R. W. Luxembourger COUNCIL MEMBER John Acosta Daniel E. Gnset I.Ogden Markel Patricia A_ McGuigan Alfred C Serrato CITY OF SANTA ANA 20( VIK CI till k PI AIA • 1'.O. BOX 1988 tiANIAANA CAUTORNFA92702 SENT CERTIFIED MAIL -- RETURN RECEIPT REQUESTED February 4, 1982 Southwest Santa Ana Little League Mike Roustan, President 321 East Occidental Santa Ana, CA 92705 RE: Insurance and Bonding Requirements License Agreement Dear Mr. Roustan: Attached is a copy of Nancy Byron Dean's October 13, 1981 letter to you, and pages 5 and 6 of the agreement. I want to focus your attention on the detailed insurance and bonding requirements specified in items #15, #16, and #17. We have the two required bonds in item #17. However, your liability certificate of insurance on file expired January 1, 1980. Apparently we never have had any evidence of insurance for item #16. Since you are two or more years delinquent in providing what you agreed to, please expedite. Very truly yours, CITY MANAGER A. L Wilson CITY ATTORNEY Edward I- Cooper CLERK OF THE COUNCIL Janice C. Guy is,- "S CITY OF SANA ANA' ` CITY MANAGER'S OFFICE RISK MANAGEMENT ?resident, Santa Arid Pop Worrier Football, Inc. • ,. 20 CIVIC CENTER PLAZA !� SANTA ANA • CALIFORNIA 92701 RCil Dartment of Recreation, Parks Lty Services aputy Clerk II, Records JEFF STEVENS, ARM RISK MANAGER Q14) 834 -4005 Jeff Stevens CITY OF SANTA ANA DISK MANAGEMENT OFFICE CIVIC CENTER PLAZA P.O. BOX 1988 SANTA ANA, CA 92702 P 224 430 160 {R {� (l (�i��i � ?�•" � a�.r , • ice'-. wit.. Sout west S to Ana Little League Mikepustan !president 321 Ea� Occi ntal ,P x Santa Aa��, CA ,2705 PS _ 8N9WNC R FEES }RUp, .4{�{ ly'F STMASTER a, o REI '0 o a ct m z CD n � Tg} d G m m 'b C 'D 'pz 0 n90 n P b m W e a 71 O T A 1� �m r iiYYYYrrrr ■ ■■ �j to G r R yy y .... L OO W M A A A I FOR ° pS Foam y C CONSULTS ° m t tt a a' � p ppT10NAl SERVICE S y c m ty -m 3' v U URN RECEIPT SERVICE N N m o a ay � Tg} d G m m 'b C 'D 'pz 0 n90 n P b m W e a 71 O T A 1� �m r iiYYYYrrrr ■ ■■ �j to G r R yy y .... L OO W M A A A I I 'Ictober 13, 1981 C1 i i OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA • SANTA ANA • CALIFORNIA 92'01 Southwest Santa Ana Little League 7Iike Poustan, President 321 Cast Occidental Santa Ana, California 92705 ?E: CERTIFICATF OF INSURANCE As required by the conditions set forth in your agreement with the City of Santa Ana, dated May 7, 1979, you are required to have appropriate Certificates of Insurance on file in the Clerk of the 'ouncil's office. In order to properly expedite and complete this contract with the City, we are requesting that you forward the necessary Certificates of In- surance to this office within thirty days of the date of this letter. This agreement has been assigned our number A- 79 -52. Please indicate said number on the Certificates of Insurance for our filing purposes. Thank you for your prompt attention to this matter. Janice C. Guy Clerk of the Council By: Nand] Byron Dean Asst,. Clerk of the Council EJ of , ew 7-1 `e�7 YA ,yI5 tly, Va �W15 f tj f INSURANCE COMpAKyWw=wlH AMERICA AND IES '�� PACIFIC EfYERS GROUP OF INSURANCE CO CERTIFICATE OF INSURANCE (This Certificate of insurance neither ffirmatwelys of req,twely emit ertificafes.) / %�t.• or alters the coverage, —I COMPANY CODES is is to dLertd{I to I Q ALLIED INSURANCE CO. City of Santa Ana © INA OF TEXAS Santa Ana, Californift 50 PACIFIC EMPLOYERS INSURANCE CO. J OF NORTH E MERPICAY L The Company as coded below, QA INA INS. CO. OF ILLINOIS that the following described policy or policies, issued below, b have been issued to: providing insurance only far hazards checked by © INA INS. CO. OF OHIO NAME Southwest Little League Fo AND (OTHER;– SPECIFY) ADDRESF Santa pna f Ca. ifoxria O covering in accordance with the terms thereof, of the llow inq fo facet, °n(s � INSURED LIMITS OF LIABILITY HAZARDS C0.CODE POLICY NUMBER POLICY PERIOD Statutory W. C. TYPE OF POLICY One Accident and (a) tandard Workmen's s ❑ Aggregate Disease Compensation & Employers' Liability LLB lg 14 62 2/9/79 - 1/1/80 i Each Person (b) General Liability 0 Accident Premises – Operations (including "In- Each ❑ Occurrence cidentol Contracts" as defined below) ❑ S Q $5op,00o, single limit .c Independent Contractors each occurrence- Aggregate – Completed u Completed OPerations /Products i Operations /Products m L ❑ ._ - - -- — — Contractual, (Specific type as X — _ _ _ _ _ - -- ` � Accident _described in footnote below) _ _ — Eoch jl C] occurrence Premises – Operations (Including ❑ E fin "Incidental Contracts" as deed x Included • below) Aggregate – Pre- . /Oper. °p El S Aggregate– Protective Independent Contractors Aggregate– Completed e❑ $ Operations /Products o Completed operations /Products i Aggregate– Contractual a` Contractual, (Specific fYPe as O El described in footnote below Each Person (c) Automobile Liability $ Accident „ Owned Automobiles Each ❑ Occurrence v Hired Automobiles -- m — Non _ ow'ned Automobiles 0 Accident Each Q occurrence `• S is E Owned Automobiles 0 o Hired Automobiles ao ... Subject all the policy terms applicable, specific can - Contractual Footnote: I era dual coverage is provided as respects Check \❑ ° contract APPlicahle/1�� purchase order agreements between the Insured and Block all contracts NPME OF OTHER PARTY It is the intention of the com an 'ho"" thOevCOYlL37,ks4f OT iclieSethe company, the�l`PPP"'f� cellation of the policy /or pro ides y days' written notice of such cancellation will be given to you at the address stated above. T RACT NO OF ANY easement agreement, sxce t in c nett ion wi censhucti on or demolition oper, Definitions: "Incidental contract" means any riven (1) lease of premises (2) fan , in co ne or oe with work n tions on or adjacent to a railroad, (3) undertaking to indemnify a municipality greem rsauired by m iup or the municipality, (4) sidetrack agreement, or (5)elevator maintenance agreement. orized Representative LC�i3sgC PTO. IN U -5. A. a ORIGINAL �� a ",� �-�i COVERAGE— INSURING AGREEMENTS — (Continued) Ir) to damages claimed with respect to liability assumed by the Insured under any incidental contract: (1) for bodily injury or property damage for which the Insured has assumed liability under any contract or agreement, if such injury or damage occurred prior to the execution of the contract or agreement; (2) if the indemnitee of the Insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or employees, arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (b) the giving of or the failure to give directions or instructions by the indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of the bodily injury or property damage. II. PERSONS INSURED Each of the following is an Insured under this insurance to the extent set forth below: (a) the Named Insured, meaning the unincorporated association or organization named in Item 1. of the Declarations; (b) The executive officers, directors, managers, coaches, umpires and sponsors of the Named Insured and, when officially authorized by the Named Insured or the executive officers or directors thereof, all volunteer workers, affiliated auxiliary organizations and members thereof; but only with respect to the operations of the Named Insured; (c) any person (other than an employee of the Named Insured) or organization while acting as real estate manager for the Named Insured; and (d) with respect to the operation, for the purpose of locomotion upon a public high- way, of mobile equipment registered under any motor vehicle registration law, (i) any employee of the Named Insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the Named Insured any such equipment registered in the name of the Named Insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or-organization shall be an Insured under this paragraph (d) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the Named Insured or the employer of any person described in subpara- graph (ii). The Company will pay, in addition to the applicable limit of liability: III. LIMITS OF LIABILITY Regardless of the number of (1) Insureds under this policy, (2) persons or organi . tions who sustain bodily injury or property damage, or (3) claims made or su brought on account of bodily injury or property damage, the Company's liability limited as follows: Coverage A —The total liability of the Company for all damages, including damag for care and loss of services, because of bodily injury sustained by one or me persons as the result of any one occurrence shall not exceed the limit of bad injury liability stated in the declarations as applicable to "each occurrence." Subject to the above provision respecting "each occurrence ", the total liability the Company for all damages because of (1) all bodily injury included within the co plated operations hazard and (2) all bodily injury included within the products haza shall not exceed the limit of bodily injury liability stated in the declarations "aggregate ". Coverage B —The total liability of the Company for all damages because of all or( erty damage sustained by one or more persons or organizations as the result of a one occurrence shall not exceed the limit of property damage liability stated in f declarations as applicable to "each occurrence ". Subject to the above provision respecting "each occurrence ", the total liability the Company for all damages because of all property damage to which this covera, applies and described in any of the numbered subparagraphs below shall not exce� the limit of property damage liability stated in the declarations as "aggregate': (1) all property damage arising out of and occurring in the course of operatio performed for the Named Insured by independent contractors and genet supervision thereof by the Named Insured, including any such property dm age for which liability is assumed under any incidental contract relating such operations, but this subparagraph (1) does not include property carnal arising out of maintenance or repairs at premises owned by or rented to tl Named Insured or structural alterations at such premises which do n involve changing the size of or moving buildings or other structures; (2) all property damage included within the products hazard and all proper damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described subparagraphs (1) and (2) above, and under subparagraph (1), separately with respe to each project away from premises owned by or rented to the Named Insured. Coverages A and B —For the purpose of determining the limit of the Company liability, all bodily injury and property damage arising out of continuous or repeat( exposure to substantially the same general conditions shall be considered as arisir out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs with the policy territory. SUPPLEMENTARY PAYMENTS (a) all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the appli cable limit of liability of this policy, and the cost of bail bonds required of the Insured because of accident or traffic law violation arising out of the use of When used in this policy (including endorsements forming a part hereof): any vehicle to which this policy applies, not to exceed $250 per bail bond, hi the Company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the Insured for such immediate medical and surgical fir. aid to others as shall be imperative at the time of any accident resulting bodily injury to which this policy applies, other than those injured while pra, ticing for or participating in any athletic contest, game or sport. (d) reasonable expenses incurred by the Insured at the Company's request in assis ing the Company in the investigation or defense of any claim or suit, includin actual loss of earnings not to exceed $25 per day. DEFINITIONS "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting there- from; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. "Operations" include materials, parts or —2— equipment furnished in connection therewith. Operations shall be deemed complete at the earliest of the following times: IA when all operations to be performed by or on behalf of the Named Insured unde the contract have been completed, (2) when all operations to be performed by or on behalf of the Named Insured at th site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has bee put to its intended use by any person or organization other than another car tractor or subcontractor engaged in performing operations for a principal as part of the same project. Operations which may require further service or maintenance work, or correctior repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. DEFINITIONS -- (Continued) The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused mate. rials, or (c) operations for which the classification stated in the policy or in the Company's manual specifies "including completed operations "; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and have a compartment height not exceeding four feet; "incidental contract" means any written contract or agreement relating to the "Operations of the Named Insured ", as defined in this policy; "Insured" means any person or organization qualifying as an Insured in the "Per- sons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the Named Insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and gen- erators, including spraying, welding and building cleaning equipment; and geophys- ical exploration and well servicing equipment; "Named Insured" means the person or organization named in the declarations of this policy; I. The policy does not apply: "Named Insured's products" means goods or products manufactured, sold, handled or distributed by the Named Insured or by others trading under his name, including any container thereof (other than a vehicle), but "Named Insured's products' shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the Insured; "Operations of the Named Insured" means all operations necessary or incidental to the conduct of baseball or softball games, including practice, exhibition or scheduled games between regular league members, farm teams or otherwise, and participation in regional "play -off" or "Little League World Series" contests; the ownership, maintenance or use of baseball parks, bleachers, stadia, grounds or other premises; the construction, alteration or repair of new or existing structures upon the premises of the Named Insured or elsewhere, whether performed by the Named Insured or by others; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the Named Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insur. ance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time pos- sessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. —3— H. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or allaying of special nuclear material if at any time the total amount of such mate. rial in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fis- sion in a self- supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. INA INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA A Stock Insurance Company, herein called the Company In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the Named Insured as follows: COVERAGE A— BODILY INJURY LIABILITY COVERAGE B— PROPERTY DAMAGE LIABILITY LITTLE LEAGUE GENERAL LIABILITY POLICY COVERAGE — INSURING AGREEMENTS The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to which this insurance applies, caused by an occurrence and the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the Insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the Named Insured's products or a warranty that work performed by or on behalf of the Named Insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any Insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Named Insured or the ways immediately adjoining, if such automobile is not owned by or rented or loaned to any Insured; (c1 to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the trans- portation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or (2) any other watercraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the Named Insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the Insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; LD -3C31 (6M) PTO IN USA - I - (h) to bodily injury or property damage for which the Insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, dis- tributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regulation per- taining to the sale, gift, distribution or use of any alcoholic beverages, or 06 by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or con- tributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the Insured or his indemnitee as an owner or lessor described in (2) above; (it to any obligation for which the Insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or dis- ability benefits law, or under any similar law; (j) to bodily injury to any employee of the Insured arising out of and in the course of his employment by the Insured or to any obligation of the Insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the Insured under an incidental contract; (k) to property damage to (1) property owned or occupied by or rented to the Insured, (2) property used by the Insured, or (3) property in the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the Named Insured; (1) to property damage to premises alienated by the Named Insured arising out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement, or (2) the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the level of performance, quality, fit- ness or durability warranted or represented by the Named Insured; but this exclusion does not apply to loss of use of other tangible property result- ing from the sudden and accidental physical injury to or destruction of the Named Insured's products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person or organization other than an Insured; (n) to property damage to the Named Insured's products arising out of such prod- ucts or any part of such products; (o) to property damage to work performed by or on behalf of the Named Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of the use of the Named Insured's products or work completed by or for the Named Insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (q) to bodily injury or property damage arising out of (1) the use, sale or possession, by or on behalf of the Insured, of fireworks, (2) carnivals operated by or on behalf of the Insured, or (3) mechanical or animal rides operated by or on behalf of the Insured. CONDITIONS 1. Premium The premium for this policy shall be the sum stated in the first line of Item 3 of the Declarations and /or in'any'applicable amendatory endorsements attached hereto. 2. Inspection and Audit The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall consti. tute an undertaking, on behalf of or for the benefit of the Named Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the Company and, upon the Company's request, assist in making settlements, in the conduct of suits and in enforc- ing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Arbitration With respect to liability assumed under an "incidental contract ", as defined in this policy, the Company shall be entitled to exercise all of the Insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding. 6. Action Against Company No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the Insured to determine the Insured's liability, nor shall the Company be impleaded by the Insured or his legal repre. sentative. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. 1. Other Insurance The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the Company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the Company shall not be liable for a greater proportion of such loss than the applicable limit of liability under thi policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 8. Subrogation In the event of any payment under this policy, the Company shall be subro gated to all the Insured's rights of recovery therefor against any person o organization and the Insured shall execute and deliver instruments and paper. and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 9. Changes Notice to any agent or knowledge possessed by any agent or by any othe person shall not effect a waiver or a change in any part of this policy or estol the Company from asserting any right under the terms of this policy; nor shal the terms of this policy be waived or changed, except by endorsement issuer to form a part of this policy. 10. Assignment Assignment of interest under this policy shall not bind the Company until it consent is endorsed hereon; if, however, the Named Insured shall die, sucl insurance as is afforded by this policy shall apply (1) to the Named Insured'. legal representative, as the Named Insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the Name Insured, to the person having proper temporary custody thereof, as Insurec but only until the appointment and qualification of the legal representative. `1. Cancellation This policy may be cancelled by the Named Insured by surrender thereof to th Company or any of its authorized agents or by mailing to the Company writte notice saying when thereafter the cancellation shall be effective. This polic may be cancelled by the Company by mailing to the Named Insured at-th address shown in this policy, written notice stating when not less that 30 day thereafter such cancellation shall be effective. The mailing of notice a-afart said shall be sufficient proof of notice. The time of surrender or the effectiv date and hour of cancellation stated in the notice shall become the end of th policy period. Delivery of such written notice, either by the Named Insured r by the Company, shall be equivalent to mailing. If the Named Insured cancels, the premium shall be considered fully earner If the Company cancels, earned premium shall be computed pro rata. Premiur adjustment may be made at the time cancellation is effected and, if not the made, shall be made as soon as practicable after cancellation becomes effer five, but payment or tender of unearned premium is not a condition of car cellation. 12. Declarations By acceptance of this policy, the Named Insured agrees that the statements i the declarations are his agreements and representations, that this policy i issued in reliance upon the truth of such representations and that this polic embodies all agreements existing between himself and the Company or an of its agents relating to this insurance. IN WITNESS WHEREOF, the INSURANCE COMPANY OF NORTH AMERICA has caused this policy to be signed by its President and a Secretary at Philadelphia, Pennsylvania, countersigned on the Declarations page by a duly Authorized Agent of the Company. BERTRAM C. DEDMAN, Secretary —4— 6/ JOHN R. MEMORANOUM Clerk of the Council , ' City Attorney } CONCESSION STAND AT MEMORIAL PARK • October 17, 1979 The enclosed 'bonds have been approved and should be filed. By carbon copy hereof, I am sending the certificate of in- surance issued on behalf of "Orange Empire Conference" for correction, since we are not contracting with that entity, and the cancellation provision of the insurance certificate is still incorrect. KEITH L. GOW City Attorney encls. CC: Ron Ono, Recreation and Parks KLG:ar PAYMENT BOND Bond No. M 11 88 47 Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the City of Santa Ana State of California, and Southwest Santa Ana Little League, Inc., a non- profit California corporation and Santa Ana Pop Warner Football, Inc., a non - profit California corporation (hereinafter designated as "Principal ") have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated , entitled " License Agreement" *+k* , `y for the constr ction of.Concess'on Stand &( tAsk# x�3ettraaii* a�*(, A�saaass goa, rStk a1 *4 *a� *AlerpQff�a7� *�ay°��y *al Park is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient Contractor's Payment Bond with the City of Santa Ana to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the CITY OF SANTA ANA, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, in the SUM of TWENTY THOUSAND AND N01100 - - - -- DOLLARS ($20,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue & Taxation Code, with respect to such work and labor; that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and 0 BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, the City of Santa Ana, State of i Bond No. M 11 88 47 Premium: $360.00 California, and Southwest Santa Ana Little League, Inc., a non- profit California corporation and Santa Ana Poo Warner Fnothall, Inc., a non - profit California corporation (hereinafter designated as "Principal ") have entered into an agreement whereby Principal agrees to install and complete certain designated improvements, which said agreement, dated may To 2979 entitled "License Agreement °iFN%*l� or the Construction of Concession Stand at Memorial Park( o �uav�wwacawr ,«�w9�k�.9�4«s#�,G.Oi�y�r►%i►$► is hereby referred to and made a part hereof;. and WHEREAS, said Principal is required under the terms of said agreement to furnish a Bond For Faithful Performance of said agreement. NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF NORTH AMERICA as Surety, are held and firmly bound unto the City of Santa Ana (hereinafter called "City "), in the penal sum of TEN THOUSAND AND N01100 ($10,000.00) DOLLARS ---- - - - - -- DOLLARS ($ lo.000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, su::cecs•crs or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and -1- STATE OF CALIFORNIA, ss. County of Los. Angeles _ _ On this 18th day of June in the year one thousand nine hundred and se.venty.- n.in,e before me ___M.J. DIXON _.._,.. ,,,_... a Notary Public in and for the STATE OF CALIFORNIA personally appeared _._.. G....__G.RASSO _._... known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that s he subscribed ,�n,nonio�m,e name of the Insurance Company of North America thereto as surety wL d herownnamJe99 ,as Alto rpey an act Nc:a INPt:BLI "LIFORNIA P IP I, AL UFFICE IN i / LOS ANGELES M Y Commission Exp res October 21 a uuyyY,y,yytyy,W,,,a,,, , 1979 Notary Public in and for the State of California with Principal Office in the County of Los Angeles SB-125b Printed in U.S.A. STATE OF CALIFORNIA, ( SS. COUNTY OF ON /lL y 19 Z. before me, the undersigned, a Notary Public In and for said State, personally appeared known to me to be the ofthe Southwest Santa Ana Tittle I.eag1jP Tnc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. , 21, Notary public in and for said State. ACKNOWLEDGMENT— Corporation — Wolcott¢ Form 212 —Rev. 364 STATE OF CALIFORNIA, COUNTY OF AN d . ( Ss. 3 ON �L//L 7� / ` 19 , before me, the undersigned, a Notary PubA in and for said State, personally appeared OFFICIAL SEAL KBERT H. WAHLBERG , :.� NOTAH, P' -RLIC . CALIPORNIA3 PRING i AL OFFICE IN " OitANlr COUNTY My Commission Expire, October 6, 1999 known to me to be the ofthe Southwest Santa Ana Tittle I.eag1jP Tnc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. , 21, Notary public in and for said State. ACKNOWLEDGMENT— Corporation — Wolcott¢ Form 212 —Rev. 364 STATE OF CALIFORNIA, COUNTY OF AN d . ( Ss. 3 ON �L//L 7� / ` 19 , before me, the undersigned, a Notary PubA in and for said State, personally appeared ACKNOWLEDGMENT —Corporation— Wolcotts Form 222 Rev. 164 known to me to be the SWIM Pon Warne ro--Otball Tnc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State. i✓. OFFICIAL SEAL ROBERT H. WAHLBERG NO TA rtf PUBLIC (`.q LIFO RNI PRI -l"WAL CFFIJE IN n, ?Ar ;E Cru NTY My Commission Expires October 5, 1919 ACKNOWLEDGMENT —Corporation— Wolcotts Form 222 Rev. 164 known to me to be the SWIM Pon Warne ro--Otball Tnc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State. i✓. Y i s_ • 0 reasonable expenses and fees, including reasonable attorney's fees, incurred by said City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 18 1979. PRINCIPAL: SOUTHWEST SANTA ANA LITTLE LEAGUE, INC (Type Company Name) By ., _ Tit SANTA ANA POP NER FOO LL, INC. By Tit e (Affix Corporate Seals) SURETY: INSURANCE (Type �ComE C By- . G mF G G C. G. 'f a any Name) E NORTH AMERICA 360 lAttorney -in -Fact BV Tit e (Attach Acknowledgments of both Principal and Surety signatures) APPROVED A TO FORM: KEITH L. GOW CITY ATTORNEY 5/30/79 EJC:adg I shall indemnify and save harmless City , its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise effect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the wort: or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 18, , 197 9 . PRINCIPAL: SURETY: SOUTHWEST SANTA ANA LITTLE LEAGUE, INC. INSURANCE COMPANY OF NORTH AMERICA (Type Company Name) (Type Company Name) By, /Y. .- . / Title By 4�4 — it e C. G.,Gr so, Attorney -in -Fact ,SANTA ANA POP W R F TB ALL C. By JBy Title Title (Affix Corporate Seals) (Attach acknowledgments of both Principal and Surety signatures.) APPROVED AS TO FORM: �TH L. GOW, CITY ATTORNEY RLG 5/7/79 -2- STATE OF CALIFORNIA, (�( ss. COUNTY OF ��i /5- 1 ON JULY before me, the undersigned, a Notary Public in at for said State, personally appeared CFFICIAL SEAL R, H. W,1HLBERG N—AI:; I 13' IC - CALIFORNI, P.1:ICIPAL OFFICE INjl� ( o:`ANCE COUNTY t/ j My C,:Bmlxaion ExpUeS Octobe, 5, 1979 iI - --- - - - - -- — --- __.._. ACKNOWLEDGMENT—Corporation— WOlcotts Form 122 —Rev. 3-64 STATE OF CALIFORNIA, to me to be the ofthe Southwest Santa Ana Little League, Inc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Public in and for said State. COUNTY OF tDEAn/iy E (ss. ON t %ULV '? ., '192-7-1 beforer,m�,Ahe�uj^rsigled, a.4otary Public jp and for said State, personally appeared known to me to be the Pop Warner Football Inc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. my hand and official seal. Public in and for said State. WLEDGMENT— Corporation— Wolootts Form 172 —Rev. 3-61 V STATE OF CALIFORNIA, l .—County of Los Angeles }ss. .......__ ............ 111 On this 18th day of .. June seventy —nine in the yyear one thousand nine hundred and ....... before me M.J. DIXON 111 .1.1 .. -- , a Notary Public 11 in and for the STATE OF CALIFORNIA personally appeared C..G....GRAS.SO ... .... ... ........ __ known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -fact of the INSURANCE COMPANY O`''''F,,, NORTH AMERICA, and acknowledged to me that s he subscribed : Imlmnnvnl, n, ennnlunmmnnnnlnnanumnonnonnmm�nll nmlllnM�nM me of the Insurance Company of North America thereto as surety OFFICIAL SEAL and e Owri a Allorn -in -fact. M. 3 I NOTARY PUBLIC CALIFORNI /l OFFICIAL SEAL ROBERT H. WAHLBER6 :T *1ryaLea '.,trw3 NOTARY PUBLIC - CALIFORNIA p4Y.•° PRINCIPAL OFFICE IN ORAN.E COUNTY My Cammbalon E%pllaa OCtobe, 5. 1979 known to me to be the Pop Warner Football Inc. the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. my hand and official seal. Public in and for said State. WLEDGMENT— Corporation— Wolootts Form 172 —Rev. 3-61 V STATE OF CALIFORNIA, l .—County of Los Angeles }ss. .......__ ............ 111 On this 18th day of .. June seventy —nine in the yyear one thousand nine hundred and ....... before me M.J. DIXON 111 .1.1 .. -- , a Notary Public 11 in and for the STATE OF CALIFORNIA personally appeared C..G....GRAS.SO ... .... ... ........ __ known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -fact of the INSURANCE COMPANY O`''''F,,, NORTH AMERICA, and acknowledged to me that s he subscribed : Imlmnnvnl, n, ennnlunmmnnnnlnnanumnonnonnmm�nll nmlllnM�nM me of the Insurance Company of North America thereto as surety OFFICIAL SEAL and e Owri a Allorn -in -fact. M. 3 I NOTARY PUBLIC CALIFORNI /l POWER OF ATTORNE1 U{. INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA, Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors "of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the President, or any Vice - President, Assistant Vice - President, Resident Vice - President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice - President may appoint and authorize Resident Vice- Presidents, Resident Assistant Secretaries and and to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice - President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." does hereby nominate, constitute and appoint STANLEY C. LYNN, C. G. GRASSO, C. A. BRITTAIN arid M. CHAVARRLA, all of the City of Los Angeles, State of California its true and lawful attorney -in -fact, to make, execute, seal each deliver uonlyits if there behalf and s its act andadeed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ------------------ has hereunto subscribed his name and affixed the corporae� seal of the said INSURANCE COMPANY OF " ............... Vice- President, NORTH AMERICA this ............ 28th ............................ rate to s y . July ............................ 19.- °-Z8 INSURANCE COMPANY OF NORTH AMERICA (SEAL) \\ STATE OF PENNSYLVANIA v^ e- "" COUNTY OF PHILADELPHIA Vice- President } ss. On this ....................28th ........ day of ...... ............. ly. Public of the Commonwealth o* f Pennsylvania, in and for the County of Philadelphia,, came�.8..- _." before me, a Notary .G. DANIEj DRAKE COMPANY Of NORTH" ...........--°----....-- ORTH AMERICA to me personal) Vice - President of the INSURANCE instrument, and he acknowledged that he executed kthe same; that the sealuaff zed officer t he who executed the preceding corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction, of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, rteferredtto in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the Ci o 0 the day and year first above written. fY Phil hta, "T i commission expires August i3 1979 �- h undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH Notary Public. ies5 he ATTORNEY, of which the foregoing is a full, true and correct less whereof, I have hereunto subscribed my name as Ass" nt Secrete lion, this ............... 18th .......I ................ da y of ........ June ....0 58.1C 7175 Printa! In U.S.A. CA, do hereby certify that is in full force and effect. '*j,xed the corporate seal May 23, 1979 CITY OF SANTA ANA CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA • SANTA ANA • CALIFORNIA 92701 Southwest Santa Ana Little League Mike Roustan, President 321 East Occidental Santa Ana, California 9270ti INSURANCE FOR AGREF.MENl A -79 -52 Our records indicate that you have not submitted a Certificate of Insurance for your concession stand agreement with the City of Santa Ana. A copy of the insurance certificate must be kept on file pur- suant to section IS of the subject agreement. Please send the required Certificate of Insurance by .June S, 1979, so that we may complete our files. B. J. 'If OMPSON ACTING CLERK OF THIi COUNCIL By: `?�• Deputy Cler< of the Council