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HomeMy WebLinkAboutBACK TO NATIVES RESTORATION (BTN) -2011City of Santa A Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). The agreement with COTC Office Use Only 2020 FEB 6 PCB ... 6----------------- CITY OF SANTA ANA CLERK; PF COUNCIL No.Q'l,was completed on 1&1157 and final payment has been made. (List all amendments. Use space below if needed.) P,-a_C7f'"0l3-a y A- .- ap 11-D-13-0;4. A - QD I `- 0n3--62 , Department: ?VZs-pt Phone/Ext.: GDSLV Signature: cJJ.�ii��� Date: �2�i57 Revised 04-12-10 vl I. ILV INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES IE-cl -ate l l CLERK OF COUNCIL DATE: (0 _1�— k OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND BACK TO NATIVES A- 2011 -073 DO NOT RECORD THIS AGREEMENT ( "Agreement ") is made and entered into this 24th day of May, 2011, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and existing under the constitution and laws of the State of California, herein referred to as "City ", and Back to Natives Restoration, a California non -profit public benefit corporation, herein referred to as "BTN ". RECITALS: A. City owns the real property and facilities located at 600 E. Memory Lane, Santa Ana, California, commonly known as Santiago Park (hereinafter referred to as the "Park"), B. The City desires to retain a consultant having special skill and knowledge in the field of restoration and conservation, to transform the Santiago Park Nursery into a native plant nursery (hereinafter the "Nursery"). C. BTN is knowledgeable in the field of habitat restoration and preservation through education and restoration programs. D. BTN represents that it is qualified to provide a program to implement and operate a native plant nursery and support restoration activities in the Park and throughout the City. E. In undertaking the performance of this Agreement, BTN represents that it is knowledgeable in this field and that any service performed under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the use of the Santiago Park Nursery to BTN on all of the terms and conditions set forth in this Operating Agreement. The rights granted herein are limited to the use of the Nursery for the propagation of native plants and educational and restoration activities related thereto. 2. Term. The Term of this Agreement (the "term ") shall commence on May 2, 2011, and shall expire on April 30, 2012, if not terminated earlier pursuant to the terms of this Agreement. This Agreement is subject to four (4) one -year renewals upon the written approval of the City Manager and BTN. DO NOT RECORD 3. BTN Responsibilities. As consideration for this Agreement, BTN shall: a. Identify and target native plants for propagation and install and manage a native plant nursery to grow targeted species at the Nursery. b. Work with City staff to plan and implement facility improvements at the Nursery that will maximize the use of the site for successful propagation of native plant species. c. Provide the City with plant materials grown at the Nursery to be used for restoration and education projects throughout the City. BTN shall provide a minimum of the lesser of 200 live one - gallon plants, or twenty percent (20 %) of its live crop, per year for City restoration projects. d. Establish and document a methodology for propagation of each species using the findings documented by volunteers and compile data collected to produce a Propagation Manual, which will be provided to City in an electronic format for future City reference. e. Conduct presentations, as agreed between BTN and City, regarding the successful and unsuccessful propagation methods identified from research findings as well as other educational activities related to the plant propagation process, restoration accomplishments, and other activities. BTN shall provide one such presentation per summer, commencing in 2012, which will be open to the public as a regular program. f Coordinate with the City to develop a regular schedule of activities that BTN will conduct in the Nursery and at Santiago Park Nature Center, including: 1) Restoration activities, volunteer work projects, abatement of weeds and non - native species. BTN shall conduct a minimum of two (2) volunteer restoration events per year. 2) Educational programs aimed at promoting sustainability, planting of native plants, habitat restoration and conservation. BTN shall conduct a minimum of three (3) educational programs per year, with a maximum participant fee of $5 per program to provide compensation for the instructor. g. Work with the City to promote activities and recruit volunteers for propagation and restoration activities. h. Provide contact information for volunteers and maintain volunteer records, including volunteer activities, number of volunteers, days and times, accomplishments, etc. i. BTN shall maintain staffing levels sufficient to comply with its responsibilities pursuant to this Agreement. 2 DO NOT RECORD j. BTN will maintain the nursery facilities in a safe and clean condition, order and repair, at its own cost and expense. 4. City Responsibilities. a. City shall pay for all water and trash services furnished to the Nursery for the use, operation and maintenance of the Nursery during the Term of this Agreement, or any extension thereof. City will determine the feasibility and cost of installing electricity service. However the ability to obtain and install electricity does not impose an obligation on the City to provide electricity to the Nursery. BTN will be responsible for payment of other utilities not listed herein, including payment of telephone and cable charges. b. City will be responsible for the maintenance of all Park areas excluding the Nursery. City will provide a dumpster or other suitable facility for the discarding of organic waste and will work with BTN to identify a suitable location for its placement. c. City will provide BTN personnel with access to toilet facilities in the Nature Center, which are open to the public. d. City will work with BTN to develop a plan to install directional and destination signage in Santiago Park. 5. BTN's Equipment and Personal Property. BTN shall hold title only to BTN's equipment, personal property, and plant material planted in containers. All of BTN's equipment or personal property shall remain the property of BTN and are not fixtures. BTN has the right to remove all of BTN's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Premises, including the use of the Premises by City or any of City's, assignees, licensees or lessees. 6. Facility Alterations. BTN agrees all changes or modifications to any of the Premises require prior written approval of the Executive Director of Parks, Recreation and Community Services. All requests for such changes or modifications shall be submitted by BTN to City by utilizing its current Field /Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field /Facility Modification Request process form is attached hereto as Exhibit 1. 7. Indemnification, Defense, Hold Harmless. BTN shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with BTN's performance of this Agreement or BTN's failure to comply with any of BTN's obligations contained in the Agreement by BTN, its officers, agents or employees except such loss or damage which was 3 DO NOT RECORD caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, BTN shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which event City shall bear its own litigation costs, expenses and attorney's fees. BTN further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, City shall indemnify BTN for liability, loss, damage, expense or cost arising out of the use by City, it's officers, officials, employees and agents of the Nursery property unrelated to this Operating Agreement. 8. Insurance. a. BTN shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability and property insurance covering the nursery facilities and naming the City, its officers, agents and employees as additional insured(s). The policy shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of BTN's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. The policy shall include an Additional Insured Endorsement, which shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable shall be deemed excess coverage and that BTN's insurance shall be primary, and contain a standard separation of insureds provision. b. The following requirements apply to the insurance to be provided by BTN pursuant to this section: (i) BTN shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. c. If BTN fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance 4 DO NOT RECORD has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. 9. Indemnification Reeardine Hazardous Material. BTN covenants and agrees to indemnify City from and against any contamination of the Property with Hazardous Materials occurring after commencement of this License. BTN further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this License related to the existence of Hazardous Materials (from whatever cause) on the Property or in the groundwater on or under the Property except for the cost of any remediation of Hazardous Materials deposited in the soils of the Property by the City or its employees, agents and contractors. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Property. As used herein, the term "Hazardous Material" shall be interpreted broadly to mean any hazardous or toxic substance, material, or waste which now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 10. Taxes. The parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of BTN or BTN's permitted users, then BTN shall bear the entire cost of said taxes, fees or charges. 11. Liens. BTN will not permit any mechanics' or materialmens' or other liens to stand against the Facilities by reason of any use or occupancy by BTN, or any person claiming under BTN. 12. Non - Discrimination. BTN shall not discriminate as to the employment of persons relative to the use or operation of the Nursery, nor shall it discriminate as to the persons or entities who may use the Nursery, on the basis of race, color, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 13. Termination of Agreement This Agreement shall be terminable by the City upon the occurrence of any of the following: A. Use of Facilities. BTN ceases operation of a native plant nursery; or, B. Unauthorized Transfer. BTN transfers or attempts to transfer any rights or interest in the Property in any fashion without the City's consent. 14. Force Majeure. Should the performance of any act required by this Agreement to be performed by either City or BTN be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of 5 11101083 a41k Mew delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by BTN as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or BTN, required to perform the act. 15. Access. City shall provide access to the nursery facilities to BTN, and its employees, agents, contractors and authorized volunteers while performing BTN activities as set forth in Section 1, above, during park hours, or at any time permitted by reservation approved by City. City represents and warrants that it has full rights of ingress and egress to and from the Nursery, and hereby grants such rights to BTN to the extent required to maintain, and operate BTN's program within the facilities. BTN's exercise of such rights shall not cause undue inconvenience to City. 16. Restrictions on Assignment. This Agreement is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this License without the prior written consent of the other party, in its sole and absolute discretion. 17. Notices. All written notices required to be given pursuant to the terms hereof shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To BTN: Back To Natives Restoration Reginald Durant P.O. Box 6539 Irvine, CA. 92612 -6539 Telephone No.: (949) 509 -4787 Fax No.: () * * * * ** E -mail: Info@backtonatives.org To the City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: Clerk of the City Council Telephone No.: (714) 647 -6520 Fax No.: (714) 647 -6956 Copy to: Peter D. Collisson, Esq. 361 Forest Ave., Ste 204 Laguna Beach, CA 92651 -2148 Telephone 949 - 250 -7474 Fax (949) 660 -8001 With a copy to: Executive Director, Parks, Recreation and Community Services Agency 26 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 571 -4200 Fax No.: (714) 571 -4221 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission 2 DO NOT RECORD report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 18. Contract Administrator. The Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 19. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto. 20. Governing Law. This Operating Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. Entire Agreement. This Operating Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 22. Captions. Any captions or headings to the Sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof. 23. Severabilitv. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 24. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 25. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other right or remedy given DO NOT RECORD hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. In the event suit is brought by either party to enforce the terns and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 26. Non - Recording. Neither party shall record this Operating Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Operating Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy % Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet, Execu ve Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA DAVID N. REAM City Manager BACK TO NATIVES RESTORATION: DirKctor of Restoration Tax ID 61- 1523908 tiiii vJ v CERTIFICATE OF LIABILITY IN5URANCE 03115111 OP ID: PC A`°R °' CERTIFICATE OF LIABILITY INSURANCE DATE 0'115/11 Y 03115111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). >RODUCER 626 -405 -8031 :hapman 626 -405 -0585 .Icense #0522024 1. O. Box 5455 lasadena, CA 91117 -0455 CONTACT NAMI PHONE FAX AlC No AIC No -MaL ADDRESS: PRODUCER gACKT -1 CUSTOMER a: INSURER(S) AFFORDING COVERAGE NAICp NSURED Back to Natives Restoration PO Box 6539 Irvine, CA 92612 -6539 INSURER A: NIAC 10023 INSURER B: INSURERC: D: EACH OCCURRENCE -INSURER E A -INSURER INSURER F: X ^nvcoAi ecRTIFIi NIIMRI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VTR R TYPE OF INSURANCE POLICY NUMBER MILD Y DY" MMILDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 201021765NPO 10101110 10101111 PREMISES Ea occurrence) $ 500,00 MED EXP (Any one person) $ 20,000 CLAIMS -MADE OCCUR PERSONAL T ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO S 2,000,00 S POLICY J LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per acaden0 S ALL OW NED AUTOS PROPERTY DAMAGE (Per t A SCHEDULED AUTOS HIRED AUTOS 20102176SNPO 10101110 10101111 X X $ NON -OWNEDAUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS-MADE DEDUCTIBLE $ S RETENTION S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑ T WC STATU- OTH- R IT ER E. L. EACH ACCIDENT S R/M OFFICEEMBER EXCLUDED? (Mandatory In NN) NIA E. L. DISEASE - EA EMPLOYE $ E. L. DISEASE - POLICY LIMIT S / es, deacdbe under DESCRIPTION OF OPERATIONS trelmv A Sexual Abuse 201021765NPO 10/01110 10101111 Occurrent 1,000,000 Aggregate 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (Mach ACORD 101, AddNlonel Remarks Schedule, If mom space Ie required) Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705. The City A Santa Ana, Its officers, employees, agents and volunteers are named additional insured with respect to the operations of the named insured per he attached CG 2026 endorsement. Such insurance is primary and CITYSAI gPPROVED AS TO FOF The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 9 aura Sti Sheedy Assistant City Attorney SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988 -2009 ACORD ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD to CoTC Li /I,� III All rights reserved. POLICY NUMBER. 201021765NPO COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE rwrittencontract itional Insured Persons Or Organization(s) r organization that you are required to add as an additional insured on this policy, under tract or agreement currently in effect, or becoming effective during the term of this policy, a certificate of insurance naming such person or organization as additional insured has but only with respect to their liability arising out of their requirements for certain perform- ance paceupon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The City of Santa Ana, its officers, employees, agents and volunteers Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705. Information required to complete this Schedule if not shown above will be shown in the Declarations Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 ❑ repay someone else who must pay damages repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." f. (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: (i) if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the of the equipment listed in paragraph f.(2) or £(3) of the definition of "mobile equipment" (Section V.8.). h. "Bodily injury" or "property damage" arising out of (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on CG 0001 (11/88) Page 2 of 9 —•• —•� 5w. , Pwuucrs or services to conform with advertised nna6w ., (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, Professional nursing and funeral services. 2. Exclusions. We will not pay expenses for "bodily injury:" a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. To a person injured while taking part in athletics. f Included within the "products- completed opera- tions hazard." g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. CG 0001 (11 /88) COVERAGES A AND B SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to famish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit." 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the Part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you. However, no employee is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co- employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co- employee as a consequence of such "bodily Page 4 of 9 SECTION IV - COMMERCIAL GF.NFRAt. t roan 1r SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS I. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in The Event of Occurrence, Claim or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent Possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit;" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit;" and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of CG 0001 (11 /88) the applicable limit of insurance. An agreed the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. 'Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary', Insurance 0 Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work;" (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specific -ally to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit Page 6 of 9 e. An elevator maintenance agreement; with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of. (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 7. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;,, b. While it is in or on an aircraft, watercraft or "auto;" or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public CG 0001 (11/88) roads; roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 9. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 10. 'Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that Page 8 of 9 OP ID: PC '`��'�..°�'� ° CERTIFICATE OF LIABILITY INSURANCE D DATE (MM /DD/YYYY) 10/03/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSUF���E1.D ES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND /jiH1E ygkgI0?ICDkTEt. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed_ If SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, ��eertain.policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorrment(s): PRODUCER I- , .626- 405 -8031 C CONTACT NAME: _ _ MA' a PRODUCER INSURER(S) AFFORDING COVERAGE N NAIC # INSURED Back to Natives Restoration I INSURER A: NIAC N NIAC INSURER B: Southern Insurance Company 1 19216 INSURER C: INSURER D: INSURER E INSURER F, I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: L AUTOMOBILE LIABILITY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE PO YE P P POLICY NUMBER MM/DD/YYYY MM /D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 201121765NP0 10101/11 10101 /12 PREMISES Ea occurrence $ 500,000 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 20,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP /OP AGO $ 2,000,00 POLICY PRO- COMBINED SINGLE LIMIT $ ,1.000.000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIREDAUTOS 201121765NPO 10/01111 10101112 (Per accident) $ X NON- OWNEDAUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ _ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y T ER B ANY PROPRIETOR/ PARTNER /EXECUTIVE YIN N WS1004552201 10126/10 10126111 E.L. EACH ACCIDENT $ 1.000.00 OFHCER/MEMBER EXCLUDED? N / A 'Mantlatory In NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DIISTEASE♦- POLICY LIMIT $ 1,000,000 AS FO DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addid —I Remarks Schedule, it more spa°e Is required) Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705. The City of Santa Ana, Its officers, employees, agents and volunteers are named additional insured with respect to the operations of the named insured per the attached CG 2026 endorsement. Such insurance is rime and — i'- `- ` - - - -- - non - contribute er the attached endorsement. primary La.0 rcl 11 st1 Shccil •, CERTIFICATE HOLDER _ The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 CITYSA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A(UTHODhR-'EDynREAPRES REPRESENTATIVE © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER _ The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 CITYSA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A(UTHODhR-'EDynREAPRES REPRESENTATIVE © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD POLICY NUMBER :201 1 21 765NP0 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, and for which a certificate of insurance naming such person or organization as additional insured has been issued, but only with respect to their liability arising out of their requirements for certain perform- ance placed upon you, as a nonprofit organization, in consideration for funding or financial contribu- tions you receive from them_ The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. The City of Santa Ana, its officers, employees, agents and volunteers Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705_ Section 11 —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury ", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A_ In the performance of your ongoing operations; or B_ In connection with your premises owned by or rented to you. CG 20 26 07 04 (D ISO Properties, Inc., 2004 Page 1 of 1 D Nonprofits' Insurance COIVIIVIERCIAL GENERAL. LIABILITY COVERAGE FORM Alliance of California AIRM IOI MSUVIK2 Allfi}f fG�11.Y�NOPR3. Various provisions in this policy restrict coverage. Read C. Damages because of "bodily injury" include the entire policy carefully to determine rights, duties and damages claimed by any person or organization what is and is not covered. for care, loss of services or death resulting at any time from the "bodily injury." Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy_ The words "we ", "us" an d "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning_ Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement_ a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result_ But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in th e payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (2) The "bodily injury" or "property damage" occurs during the policy period_ 2. Exclusions. This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b_ "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement_ This exclusion does not apply to liability for damages. (1) Assumed in a contract or agreement that is an "insured contract ", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence ofthe contract or agreement. C. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving . or furnishing alcoholic beverages. d_ Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or CG 0001 (11/88) Page 1 of 9 repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract_" (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment ofwaste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: (i) if the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire_ As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed_ g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" (Section V.8.). h. "Bodily injury" or "property damage" arising out of- (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on CG 0001 (11/88) Page 2 of 9 which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard_" k. "Property damage" to "your product' arising out of it or any part of it. 1. "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard_" This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work;" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product' or "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product;" (2) "Your work;" or (3) "Impaired property;" if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it_ Exclusions c. through n_ do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE (SECTION III). COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this coverage part applies. We will have the right and duty to defend any "suit' seeking those damages. We may at our discretion investigate any "occurrence" or offense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) "Personal injury" caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you; (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury:' (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning ofthe policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent ofthe insured; or (4) For which the insured has assumed liability in a contract or agreement_ This exclusion does not apply to liability for damages that the insured would have in the absence ofthe contract or agreement. b_ "Advertising injury" arising out of: (1) Breach of contract, other than misappropri- ation of advertising ideas under an implied contract; CG 0001 (11/88) Page 3 of 9 (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. COVERAGE C. MEDICAL PAYMENTS Insuring Agreement_ a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (I) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require_ b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. Exclusions. We will not pay expenses for "bodily injury:" a. To any insured_ b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. C. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e_ To a person injured while taking part in athletics. f. Included within the "products- completed opera- tions hazard." g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim or "suit" we defend: 1 . All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit." 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer_ 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits ofinsurance. SECTION II -WHO IS AN IN SURED If you are designated in the Declarations as: a_ An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c_ An organization other than a partnership or joint venture, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders_ Each of the following is also an insured: a_ Your employees, other than your executive officers, but only for acts within the scope of their employment by you. However, no employee is an insured for: (1) "Bodily injury" or "personal injury" to you or to a co- employee while in the course of his or her employment, or the spouse; child, parent, brother or sister of that co- employee as a consequence of such "bodily CG 0001 (11/88) Page 4 of 9 injury" or "personal injury," or for any or "advertising injury" arising out of an offense obligation to share damages with or repay committed before you acquired or formed the someone else who must pay damages organization. because ofthe injury; or No person or organization is an insured with respect to (2) "Bodily injury" or "personal injury" arising the conduct of any current or past partnership or joint out of his or her providing or failing to venture that is not shown as a Named Insured in the provide professional health care services; Declarations. or (3) "Property damage" to property owned or SECTION III - LIMITS OF INSURANCE occupied by or rented or loaned to that employee, any of your other employees, or 1. The Limits of Insurance shown in the Declarations any of your partners or members (if you are and the rules below fix the most we will pay a partnership or joint venture). regardless of the number of: b. Any person (other than your employee), or any a. Insureds; organization while acting as your real estate b. Claims made or "suits" brought; or manager. C. Persons or organizations making claims or C. Any person or organization having proper bringing "suits." temporary custody of your property if you die, 2. The General Aggregate Limit is the most we will pay but only: for the sum of: (1) With respect to liability arising out of the a. Medical expenses under Coverage C; maintenance or use ofthat property; and b. Damages under Coverage A, except damages (2) Until your legal representative has been because of "bodily injury" or "property damage" appointed. included in the "products- completed operations d. Your legal representative if you die, but only hazard;" and with respect to duties as such. That C. Damages under Coverage B. representative will have all your rights and 3. The Products - Completed Operations Aggregate duties under this Coverage Part. Limit is the most we will pay under Coverage A for 3. With respect to "mobile equipment" registered in damages because of "bodily injury" and "property your name under any motor vehicle registration law, damage" included in the "products- completed any person is an insured while driving such operations hazard." equipment along a public highway with your 4. Subject to 2. above, the Personal and Advertising permission. Any other person or organization Injury Limit is the most we will pay under Coverage responsible for the conduct of such person is also an B for the sum of all damages because of all "personal insured, but only with respect to liability arising out injury" and all "advertising injury" sustained by any of the operation of the equipment, and only if no one person or organization. other insurance of any kind is available to that person 5. Subject to 2. or 3. above, whichever applies, the Each or organization for this liability. However, no person Occurrence Limit is the most we will pay for the or organization is an insured with respect to: sum of: a. "Bodily injury" to a co- employee of the person a. Damages under Coverage A; and driving the equipment; or b. Medical expenses under Coverage C because of b. "Property damage" to property owned by, rented all "bodily injury" and "property damage" arising to, in the charge of or occupied by you or the out of any one "occurrence." employer of any person who is an insured under 6. Subject to 5. above, the Fire Damage Limit is the this provision. most we will pay under Coverage A for damages 4. Any organization you newly acquire or form, other because of "property damage" to premises rented to than a partnership or joint venture, and over which you arising out of any one fire. you maintain ownership or majority interest, will 7. Subject to 5. above, the Medical Expense Limit is qualify as a Named Insured if there is no other the most we will pay under Coverage C for all similar insurance available to that organization. medical expenses because of "bodily injury" However: sustained by any one person. a. Coverage under this provision is afforded only The limits of this Coverage Part apply separately to each until the 90th day after you acquire or form the consecutive annual period and to any remaining period of organization or the end of the policy period, less than 12 months, starting with the beginning of the whichever is earlier; policy period shown in the Declarations, unless the b. Coverage A does not apply to "bodily injury" or policy period is extended after issuance for an additional "property damage" that occurred before you period of less than 12 months. In that case, the additional acquired or formed the organization; and period will be deemed part of the last preceding period c. Coverage B does not apply to "personal injury" for purposes of determining the Limits of Insurance. CG 0001 (1 1/88) Page 5 of 9 SECTION N - COMMERCIAL GENERAL LIABILI "I'Y CONDITIONS Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. Duties in The Event of Occurrence, Claim or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice ofthe claim or "suit" as soon as practicable. C. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit;" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit;" and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work;" (2) That is Fire insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section 1). When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such other insurance would pay for the loss in the absence ofthis insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specific -ally to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit CG 0001 (11/88) Pale 6 of 9 contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers_ 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates_ b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. C. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. 7. Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew_ If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nomenewal not less than 30 days before the expiration date_ If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a_ Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that violates a person's right of privacy; C. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any ofthese at any time. "Coverage territory" means: a_ The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or C. All parts ofthe world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a_ above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a_ It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work;" or b. Your fulfilling the terms of the contract or agreement. "Insured contract" means: a_ A lease of premises; b_ A sidetrack agreement; c_ Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d_ An obligation, as required by ordinance, to indemnify a municipality, except in connection CG 0001 (11/88) Page 7 of 9 with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in b. above and supervisory, inspection or engineering services; or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to you. 7. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto;" b. While it is in or on an aircraft, watercraft or "auto;" or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." 8. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., . c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 9. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 10. "Personal injury" means injury, other than "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that CG 0001 (I 1/8 8) Page 8 of 9 12 13 violates a person's right of privacy. a. "Products- completed operations hazard" includes all "bodily injury " and "property damage" occur -ring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest ofthe following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. C. This hazard does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; (3) Products or operations for which the classification in this Coverage Part or in our manual of rules includes products or completed operations. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time ofthe physical injury that caused it; or b. Loss of use of tangible property that is not physically injured_ All such loss shall be deemed to occur at the time of the "occurrence" that caused it. "Suit" means a civil proceeding in which damage because of "bodily injury," "property damage," "personal injury" or "advertising injury" to which this insurance applies are alleged_ "Suit" includes: a_ An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. l 4. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product;" and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 15. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work;" and b. The providing of or failure to provide warnings or instructions. CG 0001 (11/88) Page 9 of 9 OP ID• PC '`�� °� ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYY`n 11/08/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER 626 - 405 -8031 Chapman License #0522024 626 05 -0585 P. O. BOX 5455 Pasadena, CA 91117 -0455 _ CONTACT NAME: _ PHONE FAX Maw E : _ F. No): ADDRESS: PRODUCER gAC KT -1 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED Back to Natives Restoration PO Box 6539 Irvine, CA 92612 -6539 INSURER A: New York Marine and General INSURER B : INSURER C $ INSURER O $ INSURER E, $ INSURER F; $ COVERAGES CERTIFICATE NIIMRFR• RFV141(lN wIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR T TYPE OF INSURANCE P POLICY NUMBER M POLICY EFF P POLICY EXP LIMITS GENERAL LIABILITY E C t� EACH OCCURRENCE $ $ T'(E,— T urre PREMISES cnce $ $ MED EXP (Any one person) $ $ PERSONAL 8 ADV INJURY $ $ GENERAL AGGREGATE $ GEN'L AGGREGATE L LIMIT APPLIES PER: P PRODUCTS - COMP /OP AGG $ AUTOMOBILE L LIABILITY C ^A` »y �L,C � 5t]�%� B B COMBINED SINGLE LIMIT $ $ BODILY INJURY (Per person) $ $ BODILY INJURY (Per accident) $ (Par ODAMAGE $ $ $ UMBRELLA LU\B O OCCUR E EACH OCCURRENCE $ $ _ AGGREGATE $ _ DEDUCTIBLE $ $ $ A A WORKERS COMPENSATION X NIA ( WC201100000404 1 10/26111 1 10126/12 E X WC STATU- OT- E.L. EACH ACCIDENT $ $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ $ 1000000 E.L. DISEASE - POLICY LIMIT $ - DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101• Additlonal Remarks Schedule, if more space is required) Re: Application Fee # 20100119693 Sacramento, CA 95826 /. —V�-' © 1988 -2009 ACORD CORPORATION. All rights reserved_ ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD -� oP ID• Pc ACC ►R p DATE (MM /DDM� 17 �- CERTIFICATE OF LIABILITY INSURANCE 11/08/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 626 -405 -8031 CONTACT NAME: Chapman 626- 405 -0585 PHONE FAX License #0522024 Ar A/C No E- P. O. Box 5455 ADDRESS: PRODUCER gACKT -1 Pasadena, CA 91117 -0455 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED Back to Natives Restoration INSURER A: New York Marine and General PO Box 6539 INSURER B Irvine, CA 92612 -6539 INSURER C INSURER D INSURER E: _ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/D MM /DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS -MADE = OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY PF RO- T LOG Irr{uN I C Rvl_I..ICR l.ArvI.CL.LA 1 IVIV EVIDENC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Evidence Of Coverage ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1958 -2009 ACORD CORPORATION. All rights reserv ed. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD $ $ AUTOMOBILE L LIABILITY C 10/26/11 1 10/26/12 E COMBINED SINGLE LIMIT $ $ BO a $ BODILY INJURY (Per accident) $ $ (Pena .identOAMAGE $ $ $ EACH OCCURRENCE $ $ UMBRELLA LIAB O OCCUR E AGGREGATE $ $ DEDUCTIBLE $ $ X WC STATU- OTH- $ A A WORKERS COMPENSATION X N/A WC201100000404 1 E.L. EACH ACCIDENT $ $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ $ 1,000,00 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (Attach ACORD I*1. Additional R,ma Schedule, N more space is required) Re: Application Fee # 20100119693. ed. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD