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HomeMy WebLinkAboutBACK TO NATIVES RESTORATION (BTN) 1A-2012City 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AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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 A-2011-073-01 ? 0?_ vv tl?I? UNTIL IMU VI("u ' ? K'?IREaE / 0 1- CLERK OF COt'??'''- LER FIRST AMENDMENT TO DATE P? ;y ) OPERATING AGREEMENT CJ CA G"evas THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 23, 2012, by and between Back to Natives Restoration, a California non-profit public benefit corporation ("BTN") 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 ("City"). RECITALS: A. The parties entered into Agreement A-20(f1-073, dated May 24, 2011, (hereinafter "said Agreement") by which BTN has implemented and operated a native plant nursery within the City owned property at Santiago Park, and provided volunteer support for restoration activities in the Park and throughout the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the first one-year renewal option. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2, TERM, shall be amended to renew all the terms and conditions of the license and Operating Agreement for an additional one-year period, from May 1, 2012 through April 30, 2013. The term may be renewed for up to three additional one-year periods at the mutual agreement of the parties. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: Marcia D. Huizar Clerk of the Council Approved as to form pt. 9 Larura eedy Assistant City Attorney Recommended for Approval: V h n M?' Gerar o Mouet Exe. Director - PRCSA 1 CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager BACK TO NATIVES RESTORATION ALDI.DURANT Director of Restoration .h OP ID: PC ??` v?rc? CERTIFICATE OF LIABILITY INSURANCE 1 DAT0103D/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 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 Li #0 PHONE FAX AJC. Ne Ext : aC No cense 522024 P O Box 5455 E--MM AIL ADDRESS: . . Pasadena, CA 91117-0455 PRODUCER gACKT-1 CUSTOMER ID a: INSURER(S) AFFORDING COVERAGE C # INSURED Back do Natives Restoration INSURER A: NIAC NI PO Box 653 9 INSURER B: Southern Insurance Com an F Irvine, CA 92612-6539 INSURERC: INSURER D : ??? ?' --•+ OL co 1 INSURER E : 1 INSURER F : ? V am/ "=J t-l ft 11F1t.m I t NI immFw- UC11101!1\l \111\ttGG?. 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. INS TYPE OF INSURANCE POLICY NUMBER MMIDD>YEYYY MMIDI EYYYY) XP LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 201121765NPO 10/01/11 10/01/12 PRDAMAGE TO EMISES (Ea R occurrence $ 500,00 CLAIMS-MADE OCCUR VIED EXP (Any one person) $ 20,00 PERSONAL 8 ADV INJURY 000 S 1 00 , , GENERALAGGREGATE 000 00 $ 2 , , GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 RO POLICY P LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) S BODILY INJURY (Per accident) S SCHEDULED AUTOS A X HIREDAUTOS 201121765NPO 10/01/11 10101112 PROPERTY DAMAGE (Per accident) S X NON-OWNEDAUTOS $ UMBRELLA LM OCCUR EACH OCCURRENCE EXCESS LIAB H CLAIMS-MADE AGGREGATE S $ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N DR I T Y IMIT R B ANY PROPRIETOR/PARTNER/EXECUTIVE WS1004552201 10126/10 10126/11 OFFICERIMEMBER EXCLUDED? F7 N / A E.L. EACH ACCIDENT a 1,000,00 (Mandatory In NH) It yes describe under r E.L. DISEASE - EA EMPLOYE S 1,000,00 , DESCRIPTION OF O below E. L. DISEASE -POLICY LIMIT $ 1,000,00 1 A DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Use of City Premise at 600 E. Memory Lane, Santa Ana, CA 92705. The City f S t A % ? o an a na, its officers, employees, agents and volunteers are named ? l 5 1 / 1 additional insured with respect to the operations of the named insured per _" 4' r L t /?? h t e attached CG 2026 endorsement. Such insurance is primary and s t1L' ? t i , non-con r butory per the attached endorsement. -L ; CITYSA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 L. I AUTHORIZED REPRESENTATIVE ? &JA- l W I VU?6-zoos ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD n _ POLICY NUMBER:201121765NPO 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) 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, inconsideration 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 forthat 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 11 -'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 -orthe 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 C ISO Properties, Inc., 2004 Page 1 of 1 ? Nonprofits` Insurance Alliance of California COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. 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" and "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 R; 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 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. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." 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 reasonab.le 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 of the 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 f. 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 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, CG 0001 (11/88) 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 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 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. 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 of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the 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 of the 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: (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. 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 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 CG 0001 (11/88) Page 4 of 9 injury" or "personal injury," or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-employee of the person - driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However. a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" CG 0001 (11/88) or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard;" and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard." 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence." 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Page 5 of 9 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. 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 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 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 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 nonrenewal 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. 2. "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." 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "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 of the 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. 5. "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. 6. "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 00010 1/88) 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 Page 8 of 9 CG 0001 (11/88) violates a person's right of privacy. 11 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 12 13 possession; or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed at the earliest of the 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 of the 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. 14. "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 POLICY NUMBER:201121765NPO COMMERCIAL, GENERAL LIABILITY CG 20260704 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 Person(s) Or Oraanization(s) 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. I Irformation rec?? fired 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 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. ".n the performance of your ongoing operations or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 C ISO Properties, Inc. 2004 Page 1 of 1 ? NA?f onprofits' Insurance COMMERCIAL GENERAL LIABILITY Alliance of California Various provisions in this policy restrict coverage. Read c. IX the entire policy carefully to determine rights, duties and da what is and is not covered, fog at Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any 2. Exclus other person or organization qualifying as a Named ,Fhis in Insured under this policy. The words "we", "us" and "our" a. 13 refer to the company providing; this insurance. im IT Tlie word "insured" means any person or organization res qualifying as such tinder WHO IS AN INSI`RED pr+ (SECTION I1). b. "B the Other words and phrases that appear in quotation marks re, have special meaning. Refer to DEFINITIONS (SECTION co v). ap SECTION I - COVERAGES COVLRAGE A. BODILY INJURY AND PROPER'l"Y DA'%1AGE LIABILIIA` Insurinct Agreement a. We will pay those sums that the insured c. "B becomes legally obligated to pay as damages an because of "bodily injury" or "property damage" (I to which this insurance applies. We will have the right and duty to defend any "suit" seeking (2 those damages. We may at our discretion investigate any "occurrence" and settle any claim Or "suit" that may result. But: (3 (I ) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION 11I): and Tl- (2) Our right and duty to defend end when we bu have used up the applicable limit of sel insurance in the payment of judgments or d. At settlements under Coverages A or B or co medical expenses tinder Coverage C. un No other obligation or liability to pay sums or lay perform acts or services is covered unless e. "Bo explicitly, provided for tinder (1 SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "bodily injury" and (2 "property damage" only if: ( I ) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place Fl. in the "coverage territory"; and ( I (2) The "bodily injury" or "property damage" occurs during the policy period. (? CG 0001 (1 1188) -??? BAC KTON-01 DDIAZ AcoRO- CERTIFICATE OF LIABILITY INSURANCE ° 10;11/2012 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 palicy(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 cert ificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Chapman ^ ' - 20" - O S S - 0 O PHONE 1 626 405-8031 (A/C 1 405-0585 a Division of Arthur J. Gallagher 8. Co. rv (A/c, No E:ry (.. _ ) _ {A/c, No): (626) Insurance Brokers of California, Inc. E MAIL PO Bo. 5455 ADDRESS_ Pasadena, CA 91117-0455 New YINSURER(S) AFFORDING COVERAGE ork Marine ' and General Insurance Com s NAIL n wsuRERA Non rofits Insurance Alliance of California 011845 INSURED INSURERB P y,1660$ Back to Native Restoration INSURER c PO BOX 6539 INSURER D Irvine, CA 92612-6539 - - I 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 S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS' 5 1,000,OOO INS -- -- POLICY EFF POLICY M - ?. LTR TYPE OF INSURANCE INSR?WVD POLICY NUMBER MM/DD/WYY LIMITS _(L (M GENERAL LIABILITY M/OO/YYYV) EACH OCCURRENCE A X COMMERCIAL CLAIMS-MADE X LIABILITY X 201221765NP0 101112012 10/1/2013 k ..MACE TO RENTED 1 PREMISES {Ea occurrence) $ SOO,000 CLAIMS- GENERAL L ? MED EXP (Any one person) $ 20,000I OC CUR `.PERSONAL &ADV INJURY $ 1,000,OO0 GENERAL AGGREGATE h $ 2,000,00011 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,0001 I I III POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED BINED SINGLE LIMIT 1,000,000 A ANY AUTO '.20122176SNPO 10/1/2012 10/1/2013 BODILY INJURY(R' -p1111,1-1) ALL OWNED S( HFJULED - 1 AUTOS X S N ON OVJNED Oacc tlentU RY P dr: rt) $ AUTOS PROPERTY DAMAGE HIRED AUTOS X J OCCUR EACH OCCURRENCE I --- UMBRELLA LIAB CLAIMS-MADE EXCESS S AB j -- - I? AGGREGATE DED L-1 RETENTI $ . OTH-'i $ AND EMPLOYERS' COMPENSATION A LITYN$ WO ORY LAMTS. I ER B ANY PROPRIETOR/PARTNER/EXECUTIVE --2012131.0004.4 10/26/2012 E.L EACH ACCIDENT OF MaF'ntl ER a[o/E I. MB ER R EXCLUDED? Y / N N / A' 10/26/2013 - 5 1 r000000? ' EL DISEASE - EA EMPLOYEE S 1,000,006 Dyes. describe under i EL DISEASE -POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS U=!r?w T DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Atlditlonal Remarks Schedule if more space i required) III ` 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 namey, l additional insured with respect to the operations of the named insured per the attached CG 2026 endorsement. Such insurance is primary and O Tt VRXi non-contributory per the attached endorsement. en 1 I'I A44Rp?? ? oR?K i Sp, Et p't?oCn?y CERTIFICAT_E_ HOLDER CANCELLATION ?S tar's G? SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE RE? The City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERE IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 - - - 1 AUTHORIZED REPRESENTATIVE I. © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ?? BACKTON-01 PATRA4 CERTIFICATE OF LIABILITY INSURANCE °ATE`MYYY' 1 1 0/5//2012012 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 - ? - CONTACT NAME: Chapman PHONE FAX a Division of Arthur J. Gallagher S Co. (A/c, No, E.1): 1 (626) 405-803.1 (A/c, No): 1 (626) 405-0585 Insurance Brokers of California, Inc. EMAIL- I - PO Box 54$$ ADDRESS Pasadena, CA 91117-0455 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Nonprofits' Insurance Alliance of California 011845 INSURED INSURER B New York Marine and General Insurance Company f 16608 Back to Native Restoration INSURER C 1 PO BOX 6539 INSURER D : III Irvine, CA 92612-6539 INSURER E : ' EXCLUSIONS AND LIABILITY CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 AFFO RDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS ' , r INSR TYPE OF INSURANCE POLICY NUMBER NsR II POLICY EFF POLICY E%P LIMITS I (MM/DDmril {MM/DD/YYYY) I I I EAC H RRE OCCU NCE s 1,000,000 ODO ? 201221765N PO A X I COMMERCIAL GENERAL LIABILITY R j 1 1 0/1/2012 0/1/2013 P e MSES E OE $ 500 000 f aoccu nce) R . { CLAIMS-MADE X OCCU ME D EXP A n one erson PERSONAL 8 ADV INJURY 5 1,000,000 ` II GENERAL AGGREGATE t $ 2,000,000 'L AGGREGATE SPER APPLI E GE I I PRODUCTS-COMP/OP AGG S 2,000,OOO ? ECT POLICY PRO ' LOC L_-. -- - _ $ i -- - - - - AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT 1 I 1 1 000 0001 , , Ea acclaenl $ A ANY -ro 201221765N PO 1011/2012 10/1/2013 BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED AUTOS AUTOS 1 BODILY INJURY (Per acc d-) 5 X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE ! $ ? UMB REL -L. EXCESS ABLIAR % - O - - _ - EACH OCCURRENCE $ I C LAIMSMADE DED a RETENTION b 1 AGGREGATE $ $ 1 WORKERS COMPENSATION WC STATU OTH AN EMPLOYERS' LIABILITY YIN TORY LIMITS I ER B A -I WC201100000404 NY VE u OFF1 xcLU EXCLUDED? N/A 0/2612011 10/26/2012 E.L EACH CC IDENT f ' , oµ 1 M-d- N H n ry I EL DI EASE 1,000,0001 EM ? $ Ibe r ,ae< S ON OF OPERATIONS e ESCRIP - E.L DIS EASE 1 POLICY LIMIT $ 000 00 ` A 1ABUSE 201 2 21 76 5NPO _ 10/1/2012 10/1/2013 ?Occurence/Aggregate 1,000,000 II DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Aft- 1 ACORD 'IOt, Atltlltional Remarks Scb¢tlul¢, if more space is r¢qulr¢tl) nR I Evidence of Coverage. g Fo 1 y i T g'S ? pV£D A4Yg C ?`yGK Attorney L\SF* E' t` G\ J `t sistar CERTIFICATE HOLDER S CANCELLATION P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC LLED BEFORE Evidence of Coverage IC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I ACCORDANCE WITH THE POLICY PROVISIONS. 1 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD -??1 BACKTON-01 PATRA4 ACO/?O" DArE ?MM/DD/vwY) CERTIFICATE OF LIABILITY INSURANCE 10/5/2012 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 cert ificate holder in lieu of such endorsement(s). (PRODUCER CONTACT 'Chapman - PHONE -- 1 405-8031 - -- FAX - -- a Division of Arthur J. Gallagher & Co. (A/a, Nps. Eat (626) J (A/o, No) 1 (626) 405-0585 Insurance Brokers of California, Inc. E-MAIL - -- PO BOX 5455 ADDRESS: Pasadena, CA 91117-0455 INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A : Nonprofits' Insurance Alliance of California 011845 INSURED INSURER B New York Marine and General Insurance Company 16608 Back to Native Restoration INSURER C PO BOX 6539 INSURER D Irvine, CA 92612-6539 INSURER E - - I - GENERAL AGGREGATE 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 PAID CLAIMS. INSR ? - - - I LTR r TYPE OF INSURANCE _ Iry$R A Sl1BR -D - - POLICY NUMBER -- OL GV) MM/DD/YYW C Wj -- -LIMIT5 GENERAL LIABILITY J I EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITY X !201 221 76 5N PO 10/1/2012 10/1/2013 DAMAGE 70RENTE6 -- PREMISES E - - 000 I $ 500 I __ ( a occurrence) , CLAIMS-MADE X 1 OCCUR I I MED EXP (An one n) $ 20,000 4 ? PERSONAL 8 ADV INJURY 1 5 1,000,000 . - f $ 2,000,000( GE 'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG S 2,000,00011 T PRO- POLCY JECT- LOC _ --_ LICY J I - _ I AU LIABILI OM TY ? COMBINED SINGLE LIMIT ? ? Ea accident 5 1.000.000 1 ANY AUTO 2011221765NPO 10/1/2012 10/1/201 3 ( person) BODILY INJURY S -- _ ALL OWNED SCHEDULED AUTOS AUTOS (Pe r ac -`) 5 X HIREDAUTOS X NOgUN-OTOSWNED r ( ROPERTY DAMAGE Per accltlent - g - ?. 1 I UMBRELLA LIAB OCCUR ( ' - EACH OCCURRENCE $ EXCESS LIAB 1 l MADE AGGREGATE 5 DED RETENTIONS - 5 WO RKERS COMPENSATION - - - -- - -- - - - r --- - - WC STATU OTH AND EMPLOYERS' LIABILITY Y/ N B WC2 _ TORY LIMITS _ER _ ( PROPRIETOR/PARTNER/EXECUTIVE ANY 01100000404 10126/2011 10/26/2012 E L EACH ACCIDENT 5 1,000,000 OFFICER/MEMBER EXCLUDED? J NIA (Mandatory in NH) - , EL DISEASE - EA EMPLOYEE 5 1,000,000 DESCRIPTION OF OPERATIONS b l e ow EL DISEASE - POLIICY IMIT 1 5 1,000,000 A (ABUSE 201221765NPO 10/1/2012 10/1/2013 L Occurence/Agre ate 1,000,0001 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional R--- Schedule, if more spac¢ is raqui-, 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 primary rt non-contributory per the attached endorsement. Z? ( AS TD L I . ROVE? II A p4 CERTIFICATE HOLDER \ yOA 'fOY ney^ - - CANCELLATION \-????? , E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE B ORE The City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELI ERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702 j AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo a re registered marks of ACORD POLICY NUMBER:20'122'1765NP0 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 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 pertormance of your ongoing operations; or B. In connection with your premises owned by or rented to you. ,gpPROVED AS TQ foam LISA E. STORCK Assistant City Attorney ?l? CG 20 26 07 04 ©ISO Properties, Inc., 2004 ?? ?> ?- ? ?' Page 1 of 1 O ?`J Nonproflils' insearance COMMERCIAL GENERAL LIABILITY COVERAGE FORM Alliance of California it lfM k2>+H f:R.V41. Aii[AWBW IYJ;P?pFR 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 tiom the "bodily injury." Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any 2. Exclusions. other person or organization qualifying as a Named This insurance does not apply to: Insured under this policy. The words "we", "us" and "our" a. "Bodily injury" or "property damage" expected or refer to the company providing this insurance. intended from the standpoint of the insured. This exclusion does not apply to "bodily in The word "insured" means any person or organization resulting from the use of reasonable force to qualifying as such under WHO IS AN INSURED protect persons or property. (SECTION II). b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by Other words and phrases that appear in quotation marks reason of the assumption of liability in a have special meaning. Refer to DEFINITIONS (SECTION contract or agreement. This exclusion does not V)- apply to liability for damages. (1) Assumed in a contract or agreement that is SECTION I - COVERAGES an "insured contract", provided the "bodily injury" or "property damage" occurs COVERAGE A. BODILY INJURY AND PROPERTY subsequent to the execution of the contract DAMAGE LIABILITY or agreement; or (2) That the insured would have in the absence I . Insuring Agreement. of the contract or agreement. a. We will pay those sums that the insured c. "Bodily injury" or "property damage" for which becomes legally obligated to pay as damages any insured may be held liable by reason of: because of "bodily injury" or "property damage" (1) Causing or contributing to the intoxication to which this insurance applies. We will have of any person; the right and duty to defend any "suit" seeking (2) The furnishing of alcoholic beverages to a those damages. We may at our discretion person under the legal drinking age or under investigate any "occurrence" and settle any claim the influence ofalcohol; or or "suit" that may result. But: (3) Any statute, ordinance or regulation relating (I) The amount we will pay for damages is to the sale, gift, distribution or use of limited as described in LIMITS OF alcoholic beverages. INSURANCE (SECTION I1I); and This exclusion applies only if you are in the (2) Our right and duty to defend end when we business of manufacturing, distributing, selling, have used up the applicable limit of serving or furnishing alcoholic beverages. insurance in the payment of judgments or d. Any obligation of the insured under a workers' settlements under Coverages A or B or compensation, disability benefits or medical expenses under Coverage C. unemployment compensation law or any similar No other obligation or liability to pay sums or law. perform acts or services is covered unless e. "Bodily injury" to: explicitly provided for under ( I ) An employee of the insured arising out of SUPPLEMENTARY PAYMENTS - and in the course of employment by the COVERAGES A AND B. insured; or b. This insurance applies to "bodily injury" and (2) The spouse, child, parent, brother or sister "property damage" only if: of that employee as a consequence of (I ) (I) The "bodily injury" or "property damage" is above. caused by an "occurrence" that takes place This exclusion applies: in the "coverage territory"; and " " " AS TO (Y )Vk"her the insured may be liable as an (2) The bodily injury or propert?? employer or in any other capacity; and occurs during the policy period. (2) To any obligation to share damages with or LISA E. STORCK Assistant City Attorney CG 0001 ( 1 1/88) / Paige I 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 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 sui[ by or on behalf of a governmental authority for damages because of tesiin? 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 o f: (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. 'T'his exclusion applies only [o liability assumed under a contract or agreement. j. "Property damage" to: (I) 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 [he care, custody or control of the insured; (5) That particular part of real property on CG 0001 (1 1 /88) PaKe 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) ofihis 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. I. "Property damage" io "your work" arising out of it or any part of it and included in the "products- coirpleted 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 properly 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 o f: (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 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: (I) The amount we will pay for darn ages 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. 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 of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the 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 of [he 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 (I 1 /88) Pa.:;e 3 of 9 (2) The failure of goods, products or services [o 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: (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: (I) 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 benefiits 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. SIJPPLEM EN"1'ARY PAYMI?:N"I?S - 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 no[ 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 of insurance. SECTION II -WHO IS AN INSURED 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 000 1 (I I /88) Page 4 of 9 injury" or "personal injury," or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services; or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d_ Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-employee of the person driving the equipment; or b. "Property damage" to property owned by, rented io, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to chat organization. However: a Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply [o "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION I[1 -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits-" 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard;" and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard." 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence." G. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented [o you arising out of any one tire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than l2 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed par[ of the last preceding period for purposes ofdetennining the Limits of Insurance. CG 0001 (I I /88) PaKe 5 of 9 SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITION S 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 chat we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (I) 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 [his 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 no[ payable under the terms of this Coverage Part or that are in excess of CG 0001 (I I /88) 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. Other [osurance. 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. Primarylnsurance This insurance is primaryexcept whenb.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: (I) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work;" (2) That is Fire insurance for preen ises 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 [o 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 o f: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (3) 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 ibis 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. _. 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 PI@.?e 6 of `\? ???t 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 greaser than the earned premium, we will return the excess to the trst 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[nsureds. 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 Insuredwere 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 nonrenewal not less than 30 days before the expiration date. [f notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS "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 of these 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 of the 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 ofa contract or agreement if such property can be restored to use by: a. `s'he 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; h. 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 (I 1 /88) Pa.?e 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 io 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 feel 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 oui 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. "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, watercrafr or "au[o;" 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, watercrafr or "auto." "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: (I) 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:" (I) 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 harmtLl conditions. 1 O. "Personal injury" means injury, other than "bodily injury," arising out of one or more of [he 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, produc[s or services; or e. Oral or written publication of material that CG 0001 (I 1 /88) Paste 8 of 9 Il 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: (I) 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 of the 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 produces 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 of the 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" [hat 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. 14. "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 (I I/88) Pa?e 9 of 9