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HomeMy WebLinkAboutSANTA FE TRAILS ARCHERS 1d-.� C, U01 AGREEMENT TERMINATION ,I Please complete this form when the attached agreement is no longer in effect. 7W ,a a €, Return form to the Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions. The agreement with No. D(a—] was completed on 0 13o I oo) and final payment has been made. tea yf Revised 05 -22 -08 Department: ?4Q-2>Pr Signature: !�>A V AM 10t � A,� LV Date: (6 31 H City of Santa Ana Clerk of the Council lNBURAINCE Oli FILE VwO?K ??Y I?ISOCEED N-2008-067-04 uNriz INSURANCE E?IRES -i s -ice CLERK OF COUNCIL ? 3 20 DATE; ?1lP? FOURTH AMENDMENT TO AGREEMENT o?. p?tcs<<? 5???1?4 THIS FOURTH AMENDMENT TO RECREATION SERVICES AGREEMENT is made and ?? entered into this 26`h day of April, 2012 by and between Santa Fe Trails, a limited liability company (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: The parties entered into Agreement N-2008-067, dated June 18, 2008, as amended from time to time, (hereinafter the "Agreement") by which Provider has provided recreation and leisure class services in the City's leisure program. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Recreation Services Agreement, the parties agree as follows: 1 . Section 1, SCOPE OF SERVC[ES, shall be amended to replace Exhibit A with a new Exhibit A-1, attached hereto and incorporated by reference. 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2013. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in ful I force and effect. [N WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Recreation Services Agreement on the day and year first set forth above. ATTEST: Maria D. Huizar, Clerk the Council APPROVED AS T?/O' FORAM: ?tiy(O«" (?iLPpF?-Gf La ra Sheedy, Assistant ty Attorney RQEC?OMMENDED FOR APP AL: Gerardo Mouet, Ex .Director PRCSA CITY OF SANTA ANA Paul M. Walters Interim City Manager PROVIDER: ?r?. C- -?,,,, ADRIENNE C. DYI AN President Santa Fe Trails, LLC. EXHIBIT A-1 SCOPE OF SERVICES 1) Provider will teach Archery at the Santiago Park Archery Range. Children 8 years+, adults and families are welcome to learn the basic shooting techniques for recreational archery. 2) Provider will be responsible for equipment, records, personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 3) If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. CLASS SIZE 1) Each class must have a minimum of 12 paid students and no more than a maximum of 15. 2) No registration will be accepted after the second meeting of class. 3) If the minimum number of enrollees is not realized by the second meeting of the class, the class may be canceled. In such case, Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation. Provider and City may mutually agree to continue the class with an amended revenue split as set forth below. CLASS FEES 1) Each participant shall pay a $99.00 class registration fee for the first class session. The second and third session will be $75.00 per participant. 2) No refunds will be made to participants after the first week of class unless the class is cancelled by the City. 3) The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. 4) Provider shall receive seventy percent (700M.) of the total fees collected each month. City and Provider agree that City shall retain thirty per cent (30%) of the fees collected as an administration fee. However, if the minimum class size is not met, and the class continues, Provider shall receive eighty percent (80%) of the total fees collected each month. 5) Provider agrees that City is entitled to audit Provider's records and classes to insure compliance with this Agreement. 6) Provider may not waive class participation/registration fees. 7) City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. AxlsaoooJOe/7o> CERTIFICATE OF INSURANCE o4/zs/zD17 PRODUCER THIS CERTIFICATE la IaaUEO AS A I.fATTEN OF INFORMATION OrRY .:IJO COIIFE RS NO American S eciall Insurance Ba RI51( SQNICeS, InG p y glGHia UPON THE CERTIFIGTE HOLDER. THIS CERTIFICATE 00Ea NOT AFFIRI.I:.TIVELY Oq NCGATNELY A1.lE1aO, EXTEND. OR ALTER THE COVERAGE AFFORDED 0Y THE POLKIES 742 North Mafn $Ireel BELOW. THIS CERTIFIUT@OF INSURNJCE GOES ruOS COnSTITUTEACONTgACT Roanoke Indiana 46763 BETWEEN THE ISSUING INSURERIS) AUTHORIZED REPgE SEIJiATIVE OR CROOUGEq AIJD rRE C@grwlcnre noLOeR. INSURED INSURERS AFFORDING COVERAGE The National Archery Assoc(alion of the U S INS. A: AXIS IlTSUrance Company Ono Olympic Plaza C i l d S CO INS. B: o ora o pr ngs. 80909 INS. C: SANTA FE TRAIL ARCFIE RS Iv WOK-QO ? - O ?? -O 17339 MULHALL STREET EL MONTE. GA 91732 CERT NUMBER: 7000953549 l: V V CKHl3CJ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO aELOW HAVE BEEN ISSUED TO THE INSURED NAI.IED AEOVE FOR THE POLICY PERIOD INDICATED. NOT WITNSTAIJDIIJG AIJY REOUIREI.?tENT, TERIA OR COIJDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEGi TO WHICH THIS CERTIFICATE MAY 6E ISSUED OR h1AY PERTAIN, THE Il•ISURAIJCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SVa)EGT TO ALL THE TER615. EXCLUSIONS AND COIJDITIOIJS OF SUCH POLICIES LIhi1T5 SHOWI.1 MAY HAVE BEEN REDUCED 9Y PAID CLAIMS INS LTR POLICY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS General A re ate S,000,ODO GL AXGL03700381-11 01/15/2011 01/15/2072 Products-Com Ieled O erations A re ale 2,000,ODO /->\ Personal and Advertisin In'u 7.000,000 12:07 a m 12:01 a m Each Occurrence 7.000.000 P ml R nl 1 You n n Premi es 300 000 Medical Ex ense Lirrlil An Ono Parson Excluded DESCRIPT]ON OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The c¢rlificaleholder shall be an additional inaur@d. but only wllh respect tD the operations of lhB Named Insured. and subject to the provlsfons end IimllaUOns of Form CG 202G - Addilional Insured -Designated Person or Organizallon. but only with respect l0 PARKS ANO RECREATION PROGRAM AT SANTIAGO PARI<ARCHERY RANGE from April 22. 2011 Ihrau9h January 19.2012 ?tzi'RC?7b3?1J A5 l U F"/CJtZM ? / ? __ Laura ScLt? it?cdy--?E? Cit Attor-ncTr v r...1\Ill IvJ^ll ? •IV VVr-1\ Vt11YVLLLMI IVIY - Yv vl..wrv I vcr\.? SHOVLD ANY OF THE ABOVE DESCRIBED POUGES PARKS, RECRATION AND COMMUNITY SERVICES AGENCY aE CAIJCELLED 6EFORE THE EXPIRATION DATE 20 CIVIC CENTER DRIVE TIiEREOF. NOTICE WILL 6E DELIVEAEO IN SANTA ANA. CA 92703 ACCORDANCE WITH THE POLICY PROVISIONS A:I?1 nsurance as POLICY NUMBER: AXGL03 1 0038 1-1 1 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) The Cify of Santa Ana 20 Civic Center Plaza Santa Ana, CA 9270 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section 11 -Who [s An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertisino iniurv" caused. in -- ---or-omissions-of-those-acting-on-your-behalf--- ---------------°-----------------------?------------------------?- A. In the pertormance of your ongoing operations; or B. In connection with your premises owned by or -TlY r3LM CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 7 D (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 no- tice of the claim or "suit" as soon as practica- ble c_ You and any other involved insured must: (7) immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of fhe claim or defense against the "suit"; and (4) Assist us, upon our request, in fhe en- forcement 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 insured will, except at that insured's 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; 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 ap- plicable limit of insurance An agreed settlement means a settlement and release of liability signed by us, the insured and fhe claimant or the claim- ant's legal representative 4. Other Insurance If other valid and collectible insurance is available to the insured fora loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary Then, we will share with all that other insur- ance by the method described in Paragraph c. below b. Excesslnsurance (i) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Dam- age Liability (b) Any other primary insurance available to you covering Liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we wilt be entitled to the insured's rights against all those other insurers CG 00 01 12 07 ©ISO Properties, Inc., 2006 Page 17 of 16 D 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 no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: {?) Immediately send us copies. of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, In the en- forcement of any right against any person or . organization which may be liable fo the in- sured because of injury or damage to which this insurance may also apply. d. No Insured will, except at that lnsured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legat 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; 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 ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4_ Other insurance If other valid and collectible Insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: "' a. P:Imary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are-not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. b. Excess Insurance This insurance is excess over: ('1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) Thai is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is Insurance purchased by you to covet your Liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied, by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1 - Coverage A -Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering fiabillty for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement. CG 00 01 70 Oti m ISO Properties, Inc., 2000 Page 71 of 16 O THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change NumhPr r15 POLICY NUMBER POLICY CHANGES COMPANY AXGL03100381-11 EFFECTIVE AXIS Insurance Company 04/22/1 1 NAMED INSURED AUTHORIZED REPRESENTATIVE The National Archery Association of the US American Specialty Insurance 8 Risk Services, Inc. dba A. S.I. R.S.I. Insurance Agency, American Specialty Insurance 8 Risk Services Agency, and A S Insurance & Risk Services A enc COVERAGE PARTS AFFECTED Commercial General Liabilit CHANGES As of the effective date hereof, it is hereby understood and agreed that the attached Form CG 2026(07/04) ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION is added to the policy, but only with respect to Parks and Recreation Program at Santiago Park Archery Range from April 22, 2011 through January 14, 2012. No additional premium due. All other terms and conditions remain unchanged. Issued b : KS A ril 28, 2011 .? Authorized epresentative Signature IL 12 01 17 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 l7 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: AXGL03'f0038'I-11 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 City of Santa Ana, its officers, agents and employees Parks, Recreation and Community Services Agency 26 Civic Center Plaza Santa Ana, CA 9270'1 but only with respect to Parks and Recreation Program at Santiago Park Archery Range from April 22, 20'1 1 through January 14, 20'12. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) 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 ©ISO Properties, Inc., 2004 Page 1 of ? D 32082 ACC>27 CERTIFICATE OF LIABILITY INSURANCE I oAT (MM rr1 *1I 3/ 19/2013 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 CAMONTACTE Andrea Wright - Wells Fargo Insurance : Commercial Lines - (719) 592-1177 P HCNE 800332-9256 AX 877-405-0932 A Ne Exh. Wells Fargo Insurance Services USA, Inc. E-MAIL ADDRESS: andrea.wri9htGmwellsfar9o.coln 5755 Mark Dabling Blvd., Suite 300 INSURERS AFFORDING COVERAGE NAIC # Colorado Springs, CO 80919-2228 INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B National Archery Association dba USA Archery INSURER C 4065 Sinton Road INSURER E: Colorado Springs CO 80907 INSURER F: COVERAGES CERTIFICATE NUMBER: 5754715 REVISION NUMBER: See heloW 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 ADDL SUBR POLICY I LTR TYPE OF INSURANCE ISS M WVD POLICY NUMBER MM IDDIYYYY LIMITS A GENERAL LIABILITY PHPK966205 1/15/2013 1/15/2014 EACH OCCURRENCE $ 1000000 DAMAGE TOR NTED COMMERCIAL GENERAL LIABILITY E SE$ Es occurrence $ 100000 CLAIMS-MADE E OCCUR MED EXP Any one person $ Excl PERSONAL it ADV INJURY $ 1000000 GENERAL AGGREGATE $ 3000000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 3000000 POLICY X PRO LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT Ee accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Pan accident A UMBRELLA LIAB X OCCUR PHUB408260 1/15/2013 1/15/2014 EACH OCCURRENCE $ 2000000 X EXCESS LIAB CLAIM&MADE AGGREGATE $ 2000000 ?ED RETENTION $ WORKERS COMPENSATION WC STATU- D TY_ AND EMPLOYERS' LIABILITY DRY L T IR YIN ANY PROPRIETORIPARTNERIEXECUTIVE? NIA E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandate, in NH) E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DE SCRPTION OF OPERATIONS Ii E.L. DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Named Insured Includes Santa He Trail Archers The City of Santa Ana, its officers, agents, employees, and volunteers, Parks, Recreation, and Community Services Agency are only an additional insured with respect to liability caused by the negligence of the Named Insured as per Philadelphia Indemnity form PI-AM-002 Additional Insured-Certificate holders Coverage applies to the above with respect to sanctioned events, Club practices, club fundraisers and meetings This insurance is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Santa Ana, Parks, Recreation, & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Community Service Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92703 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988.2010 A.PiC F / ! VffT40N. vAlWtg dSVr? Ved. ACORD 25 (2010105) VV ..GG IIJJ 1t'SSne77 1 W 0.J LISA E. STORCK Assistant City Attorney POLICY NUMBER: PFIPK966205 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 Name Of Additional Insured Persons Or Organization(s) City of Santa Ana, its officers, agents employees, and volunteers Parks, Rec, & Community Services Agency Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) 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. AppROVED AS TO FOSV' LISA F. ST 5RGK Assistant City Attorney CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ? (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 no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement 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 insured will, except at that insured's 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; 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 ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations 1,e1 ited as follows: . Pi mary h Insurance „j his is insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (it) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 O ISO Properties, Inc., 2006 APp O'6TED M TO POW LISA E. STORCK Assistant P age 1 1 tof 16 ?