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Home My WebLink AboutC-1845 - General liability (auto & comprehensive public liability coverage)ENDORSEMENT N0. 10 It is understood and agreed that the following is hereby added as an Additional Insured with respects their interest may appear in regards to the property located Block 800 of Newport Center, City of Newport Beach: The Irvine Company PREMIUM No Chg. I Additional Return XX FEB 101977 Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. El Countersigned by 1/28/77 mk r-1 PRORRSSIDi'vA ri7ivi :1''i: CORP. KH Bellefonte Underwriters Ins. Co. THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 10/7/76 City of Newport Beach Policy No. Effective Data Insured ENDORSEMENT �_ J NO. 6 In consideration of the premium charged, it is understood and agreed that exclusion (e) relating to watercrafts, shall hereby apply to all vessels in excess of 30 feet in length. j v X00 PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. pg Bellefonte Underwriters Ins. Co. countersigned by 8/6/76 ac Authorized Representstivi THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 CITY OF NEWPORT BEACH Policy No. Effective Date Insured ENDORSEMENT Em In consideration of the premium charged, it is understood and agreed that coverage provided by Contractual Liability as per form L9485, shall also apply to Manufacturer's and Contractor's Risks. PREMIUM No Chg. I Additional Retum Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. pg Bellefonte Underwriters Ins. Co. n LE Countersigned by 8/6/76 ac ?R0FE "S?'11AL UNDERWRITERS, CORP. J Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 CITY OF NEWPORT REACH Policy No. Effective Date Insured ENDORSEMENT • NO, 7 It is understood and agreed that in event of cancellation by the Company, thirty (30) days written notice is to be given to the Named Insured. It is also agreed that notice is also to be given to: Office of the City Manager 3300 Newport Blvd. Newport Beach, California 92660 c°afj� PREMIUM No Chg. I Additional Return V Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Bellefonte Underwriters Ins. Co. Cou tinl ned by 76 ac El o Authorized R THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 CITY OF NEWPORT BEACH Policy No. Effective Date Insured r - -` GENERAL LIABILITY-AUTOMOBILE POLICY — No. CAG, 203961 NEW References in this policy to "the Company" mean the Company designated by the letter X: RENEWAL OF NUMBER F� bEt.LEFONTE INSURANCE COMPANY • COVINGTON, KENTUCKY El bE«EFONTE UNdERWIftRS INSURANCE COMPANY a WILMINGTON, DELAWARE ADMINISTRATIVE OFFICES: 703 Curtis Street, DECLARATIONS EACH A STOCK INSURANCE COMPANY, HERE Item 1- Named Insured and Address: (No., street, Town or city, county, state) -CITY OF NEWPORT BEACH NEWPORT BEACH, CALIFORNIA Rem 1. Policy Period: (Mo. Day yr.) From 6/25/76 to 61.25/77 & 12:01 A.M., standard time at the address of the named insured as stated herein. STOCK COIIAPANIES 3720 CAMPUS DRIVE VEY 49 -ees2 NEWPORT BEACH, CALIFORNIA The named insured is: Individual ❑ Partnership E] Corporation ❑ Joint Venture ® Other: Muni cipAl ity Business of the named insured is: Iavnnna w.) Audit Period: Annual, unless otherwise stated, ua. zp munv) Item 3. The insurance afforded is only with respect to the Coverage Perils) indicated below by specific premium charge(s) and attached to and forming a part of this policy. Advance Premiums Coverage Part Nola). Coverage Partial Advance Premiums Coverage Part No($). Coverage Partial $ Automobile Medical Payments Insurance $ Hospital Professional Liability Insurance $ Automobile Physical Damage Insurance (Dealers) $ Manufacturers' and Contractors' Liability Insurance $ Automobile Physical Damage Insurance (Fleet Automatic) $ Owner's and Contractor's Protective Liability Insurance $ Automobile Physical Damage Insurance (Non - fleet) $ Owners', Landlords' and Tenants' Liability Insurance $ Basic Automobile Liability Insurance $ THICT.- 1611 Personal Injury Liability Insurance $ Completed Operations and Products Liability Insurance E Physicians', Surgeons'and Dentists' Professional Liability Insurance $ Comprehensive Automobile Liability Insurance $ Premises Medical Payments Insurance $ 142,500. 6 Comprehensive General Liability Insurance $ Special ProtectiveandHighwayLiabi )itylnsurance Newyork Department of Transportation $ Comprehensive Personal Insurance E Contractual Liability Insurance $ Storekeeper's Insurance $ Druggists' Liability losurance $ Uninsured Motorists insurance $ Elevator Collision Insurance $ $ Farm Employers' Liability and Farm Employees' Medical Payments Insurance $ $ Farmer's Comprehensive Personal Insurance $ Farmer's Medical Payments Insurance $ $ Garage Insurance Form numbers of endorsements, other than those entered on $ L9487; L9294; CAS -5; L9454 Coverage Paris), attached at issue 1$142,500.00 rotas Advance Premium ter true policy. Minimum & Deposit ' If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on: Effective Date 1st Anniversary 2nd Anniversary Item 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that Countersigned: 6/28/76 •Not applicable in Teas L peep Pin. In U.SA. /UIMrrZee Nepresemarive I rstatedSe rein: L:U1CY ThAAi linpany designated on the Declaration4age (A stock insurance company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named iaaared as follows: DEFINmoNS Plot" operations hazard or the underground prop" damage hazard, or (4) for which liability is assumed by the insured under an IaeidentaF contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) side- track agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an insured in the "Per. sons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made of suit is brought, except with respect to the limits of the company's liability; "middle equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively an premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an in- tegral part of or permanently attached to such vehicle: power cranes, shovels, leaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named 'roamed" means the person or organization named in Item 1, of the decla- rations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily Injury or properly dam- age does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or Property damage arising out of a product which was sold for use or consump- tion within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "Products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible prop- erty which occurs during the policcyy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, backr the or pile drivingg. The underground property damage hazard ices not include property dam- age (1) arising out of operations performed for the named insured by independent contractors, or (2J included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental central SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability When used in this policy (including endorsements forming a part hereofl: "automobile" means a land motor vehicle, trailer or semi- trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and Property damage to any other property at any time resulting therefrom. "Structural Property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back - filling, tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property dam ge it) arisingouevf- operstiorrs porhinned out tw7 med insured by independent contractors, or (2) included within the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract. "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed com- pleted at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correc- tion, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused ma- terials, or (cl operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; "elevator" means any hoisting or lowering device to connect floors or )endings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the ex- plosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (Z) arising out of operations performed for the named insured by independent contractors, or (3) included within the com- (a) all expenses incurred by th"Compa'iiyj all CO* :taxed;ag net lbe insured in any suit defended by the company and all irderest on4he entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment Which does not exceed the limit of the on liability,11imeon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use Of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an acci- dent, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insured at the company's request in assisting the Company in the investigation or defense of any claim at suit, including actual loss of earnings not to exceed $25 per day. COVERAGE PART r , PERSONAL INJURY LIABILITY INSURAf For attachment to Policy No. CAG 203961 , to complete said policy. - SCHEDULE4"':.5 4- Limits of Liability Coverage 300 thousand dollars each person aggregate P— Personal Injury Liability 300 thousand dollars general aggregate 0 % Insured's Participation The insurance afforded is only with respect to personal injury arising ad -of an offense included within such of the following groups of offenses as are indicated by specific premium charge or charges. -_ Advance Premiums Groups of Offenses $ INCL. A. False Arrest, Detention or Imprisonment, or Malicious Prosecution $ INCL. B. Libel, Slander, Defamation or Violation of Right of Privacy $ INCL. C. Wrongful Entry or Eviction or Other Invasion of Right of Private Occupancy Form numbers of endorsements attached at issue $ INCL. Total Advance Premium $ Minimum Premium I. COVERAGE P— PERSONAL INJURY LIABILITY The company will pay an behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury (herein called "personal injury") sustained by any person or organization and arising out of one or more of the following offenses committed in the conduct of the named insured's business: Group A —false arrest, detention or imprisonment, or malicious prosecution; Group B —the publication or utterance of a libel or slander or of other defame, tory or disparaging material, or a publication or utterance in violation of an individual's right of privacy; except publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured; Group C— wrongful entry or eviction, or other invasion of the right of private occupancy; if such offense is committed during the policy period within the United States of America, its territories or possessions, or Canada, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such personal injury even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement; (b) to personal injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of any insured; (c) to personal injury su �e l� o person as aresult of an offense directly or indirectly related �`ea IIAT� f such b the named insured; (d) to personal injury arising out of any publication or utterance described in Group B, if the first injurious publication or utterance of the same or similar material by or on behalf of the named insured was made prior to the effective date of this insurance; (e) to personal injury arising out of a publication or utterance described in Group B concerning any organization or business enterprise, or its products or services, made by or at the direction of any insured with knowledge of the falsity thereof. AUTHENT C II. PERSONS INSURED L 91130 (Ed. 267) Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an indi- vidual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such. This insurance does not apply to personal injury arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. III. LIMITS OF LIABILITY; INSURED'S PARTICIPATION Regardless of the number of (1) insureds under this policy, (2) persons or organi- zations who sustain personal injury, or (3) claims made or suits brought on account of personal injury, the total liability of the company for all damages because of all personal injury to which this coverage applies, sustained by any one person or organization, shall not exceed the limit of personal injury liability stated in the schedule as "each person aggregate ". Subject to the above provision respecting "each person aggregate ", the total limit of the company's liability under this coverage for all damages shall not exceed the limit of personal injury liability stated in the schedule as "general aggregate ". If a participation percentage is stated in the schedule for the insured, the company shall not be liable for a greater proportion of any loss than the difference between such percentage and one hundred percent and the balance of the loss shall be borne by the insured; provided, the company may pay the insured's portion of a loss to effect settlement of the loss, and, upon notification of the action taken, the named insured shall promptly reimburse the company therefor. IV. AMENDED DEFINITION When used in reference to this insurance: "damages" means only those damages which are payable because of personal injury arising out of an offense to which this insurance applies. LIABILITY 1 (The Attachinlfse need be completed only whdn this endorsement is issued ,$Quent to preparation of the policy.) Any. 3005 BROAD FORM PROPERTY DAMAGE ENDORSEMENT (Exclading Completed Operations) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the COMPREHENSIVE GENERAL LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE this endorsement, effective 6/25/76 (12:01 A. M., standard time) issued to City of Newport Beach by Bellefonte Underwriters Insurance Co Classification Various — as per schedule attached , forms a part of policy No. CAG 203961 L 9487 (Ed. la7) PROFESSIONAL UNDERWRITERS, CORP, t io &resident Authorised Representative It is agreed that the insurance for property damage liability applies, subject to the following additional provisions: A. The exclusions relating to property damage to (1) property owned, occupied or used by or rented to the insured or in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control and (2) work performed by or on behalf of the named Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith, are replaced by the following exclu, sions (w) and (x): (w) to property damage (1) to property owned or occupied by or rented to the insured, or, except with respect to the use of elevators, to property held by the insured for sale or entrusted to the insured for storage or safekeeping, (2) except with respect to liability under a written sidetrack agreement or the use of elevators to (a) property while on premises owned by or rented to the Insured for the purpose of having operations performed on such property by or on behalf of the insured, (b) tools or equipment while being used by the insured in performing his operations, (c) property in the custody of the insured which is to be installed, erected or used in construction by the insured, (d) that particular part of any property, not on premises owned by or rented to the insured, (it upon which operations are being performed by or on behalf of the insured at the time of the property damage arising out of such operations, or (ii) out of which any property damage arises, or (iii) the restoration, repair or replacement of which has been made or is necessary by reason of faulty workmanship thereon by or on behalf of the insured; (x) with respect to the completed operations hazard (if the insurance otherwise applies to property damage included within such hazard) and with respect to any classification stated above as "including completed operations ", to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith. B. The insurance afforded by this endorsement shall be excess insurance over any valid and collectible property insurance (including any deductible portion thereon available to the insured, such as but not limited to Fire and Extended Coverage, Builder's Risk Coverage or Installation Risk Coverage, and the "Other Insurance" Condition is amended accordingly. AU7XEMTIC LIABILITY )the, Attaching Clause road be completed only.when this, endorsement is issued to' preparation of the policy.) f G 604 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 6/25/76 , forms a part of policy No. CAG 203961 112:01 A. M., standard time) issued to City of Newport Beach L 9294 (Ed. 1 73) PROFESSIONAL UNDERWRITERS, CORP. by Bellefonte Underwriters Insurance Co. t ✓fir rest ent Authorized Representative SCHEDULE Amount and Basis of Deductible Coverage $ 1,000.00 per claim Bodily Injury Liability $ 3parsimF[wsic $ 1,000.00 per claim Property Damage Liability $ 2MMMMUKDOIK APPLICATION OF ENDORSEMENT (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to all loss however caused):— It is agreed that: I. The company's obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts stated in the schedule above as applicable to such coverages. 2. The deductible amounts stated in the schedule apply as follows: (a) PER CLAIM BASIS —If the deductible is on a "per claim" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of bodily injury sustained by one person, or to all property damage sustained by one person or organization, as the result of any one occurrence. (b) PER OCCURRENCE BASIS —If the deductible is on a "per occurrence" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of all bodily injury or property damage as the result of any one occurrence. 3. The terms of the policy, inctudmg those with respect to (a) the company's rights and duties with respect to the defense of suits and (b) the insured's duties in the event of an occurrence apply irrespective of the application of the deductible amount. 4. The company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company. AUTHENTIC ENDORSEMENT • This endorsement, effective ��( forms o port of policy No. CAG 203961 (1 0 standard time) issued to City of Newport Beach by Bellefonte Underwriters Insurance Co. EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGE IN CONSIDERATION OF THE INDICATED PREMIUM CHARGED FOR THIS POLICY, IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO A CLAIM OF OR INDEMNIFI- CATION FOR PUNITIVE OR EXEMPLARY DAMAGES. IF A SUIT SHALL HAVE BEEN BROUGHT AGAINST THE INSURED FOR CLAIM FALLING WITHIN THE COVERAGE PROVIDED UNDER THE POLICY, SEEKING BOTH COMPENSATORY AND PUNITIVE OR EXEMPLARY DAMAGES, THE COMPANY SHALL NOT HAVE AN OBLIGATION TO PAY FOR ANY COSTS, INTEREST OR DAMAGES ATTRIBUTABLE TO PUNITIVE OR EXEMPLARY DAMAGES. All other terms and conditions of this policy remain unchanged. CAS-5 (476) s-neea 4170 PRMSSIONAL UNDERWRITERS, CO" -A. res ent - ----------------------- - ---------- - ........ ................. .--------------------------- Authorized Representative 11A811ITY (The Attach( #se need be completed only When this, endorsement is leads, 6 equent to preparation of the polity.) r' ISO G202 BOATS (Described Waterare(0 This endorsement modifies such insurance as is afforded by, thtprovisions of the policy relating to the COMPREHENSIVE GENERAL ITY INSURANCE MANUFACTURERS' AND CONTRAC LIABILITY INSURANCE OWNERS', LANDLOROS' AND TENANTS' LIABILITY INSURANCE STOREKEEPER'S INSURANCE L 9454 (Ed. 1 -7a) This endorsement, effective 6/25/76 forms a part of policy No. CAG 203961 (12:01 A. M., standard lime) issued to City of Newport Beach PROFESSIONAL UNDERWRITERS, CORP. by Bellefonte Underwriters Insurance Co. S Apthomzed Rep /esenhtive SCHEDULE $ INCL. $ INCL. *GREED $AGREED 5 44615s Rescue Boats Minimum Premium Rates Premium Basis Description and Advance Premium Each Watercraft Number of Watercraft Code No. Classification of Watercraft B.I.L. P.D.L. B.I.I. FD —I $ INCL. $ INCL. *GREED $AGREED 5 44615s Rescue Boats Minimum Premium Bodily Injury Liability Property Damage Liability It is agreed that: 1. The exclusion relating to watercraft does not apply to the watercraft described above. 2. (This paragraph applies only to watercraft Classified as 0301As, 0344s, 0345s, 0346s, 0351s, 0352s, 0353s, 0354s, 0356s, 0357s, 0358s and 03736.) The "Persons Insured" provision includes any person or organization legally responsible for the use of any such watercraft owned by the named insured, provided the actual use thereof is with the permission of the named Insured. 3. (This paragraph applies only to watercraft Classified as 0344s, 0345s, 0346s, 0351s, 0353s, 0354s, 0356s, 0357s and 0358s) The insurance with respect to any watercraft subject to this endorsement does not apply while the watercraft is rented to others or is used for carrying any passenger for a consideration unless this exclusion is stated in the schedule above to be inapplicable. ADTNE 3 • ENDORSEMENT NO. 1 COMBINED SINGLE LIMIT CLAUSE IT IS HEREBY UNDERSTOOD AND AGREED THAT THE COMPANY'S LIMIT OF LIABILITY SHALL BE AS FOLLOWS: AS RESPECTS BODILY INJURY, OR PROPERTY DAMAGE, OR BODILY INJURY AND PROPERTY DAMAGE COMBINED, SHALL NOT EXCEED THE SUM OF: $300,000. AS A RESULT OF ANY ONE OCCURRENCE $300,000. IN THE AGGREGATE DURING ANY ONE PERIOD OF INSURANCE PREMIUM No Chg. Additional Retum Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Countersigned by PROFESSIONAL UNDERWRITERS, CORP, S [E Bellefonte Underwriters Ins. Co. Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 City of Newport Beach Policy No. Effective Date Insured 0 ENDORSEMENT N0. 2 In consideration of the premium charged, it is agreed that this policy does not apply: (a) To claims for loss or damage, including consequential loss, or any liability of any and all Insureds arising out of_or in any way connected with the application of the principles of eminent domain, condemnation proceedings, retroactive condemnation, inverse condemnation, or reverse condemntation, by whatever name called, regardless of whether such claims are made directly against the Insured or by virtue of any agreement entered into by or on behalf of the Insured. It is further agreed that this policy does not apply to liability arising under Article 1, Section 14 or 19, of the Constitution of California. (b) To liability arising out of the operation of any airport, nor to personal injury or property damage arising out of the ownership, maintenance, operations, use, loading or unloading of any aircraft. (c) To liability arising due to the rendering of or failure to render any medical service including, but not limited to: 1) Medical, surgical, dental, X -ray or nursing service or treatment, or the furnishing of food or beverage in connection therewith; 2) Any service or treatment conducive to health or of a professional nature; or 3) Any cosmetic or tonsorial service or treatment; 4) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or 5) The handling of or performing of autopsies on dead bodies. (d) To bodily injury or property damage arising out of or contributed to by any partial or complete interruption or impairment of service. PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. F' 0 ® Bellefonte Underwriters Ins. Co. Countersigned by PROFESSIONAL UNDERRWRITTEERS, CORP. thorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED, CAG 203961 6/25/76 City of Newport Beach Policy No. Effective Date Insured ENDORSEMENT N0. 2 (e) To the following agencies or their operations: 1) Any public transit system or bus system; 2) Gas, electric and water utilities; 3) Any Board of Education or school district PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. ❑ Countersi ned by PROFESSIONAL UNDERWRITERS, CORP. rte' ® Bellefonte Underwriters Ins. Co. Te81 f'ilt _ Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 City of Newport Beach Policy No. Effective Date Insured ENDORSEMENT NO. 3 SCHEDULE OF CLASSIFICATIONS Operations - Premises Classifications Code Premium Basis Waterfront Property 44631 miles: 6.4 Gabage Collection 49531 c)379,835 Sewer Cleaning 49590 c)142,125 Street Maintenance 16112xcu c)103,625 Firemen 93131 c)1,591,525 Policemen 93141 c)2,632,310 Municipal Employees N.O.C. 93111 c)505,247 Boats 44615s each: 5 Water Utility (mains) miles: 173 Youth Recreation Programs 86414 If any Garbage or Refuse Dumps PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Count si ned b �{'ItQOFEbY'SIONAL U.0 r resident _ Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. Effective Date Insured I ENDORSEMENT NO. 3 SCHEDULE OF CLASSIFICATIONS Operations - Premises Classification Code Premium Basis Hall -Court House rated as: Building or Premises - Office 65121 a)63,016 Land - occupied by persons other than the insured for commercial purposes - (lessor's risk only) 65180 b) 2,950 Library- museum 82310 a)55,000. Parking Meters 53410 each: 1750 Refuse Receptacles 53411 each: 450 Sewers 49521 Miles: 160 Center Lights 93154 each: 26 Curb Lights 93157 each: 64 Streets & Roads 73124 Miles: 182 Parks 86414 acres: 63 Grandstands 79415s seats: 50 PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Countersigned by PROFESSIONAL UNDERWRITERS, CORP. ❑ 13 ,7 resident Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. Policy No, Effective Date • ENDORSEMENT • NO. 3 Permits- municipal -for the existence, maintenance repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, elevators, hoistway openings, manholes, marquees, sidewalk vaults, street banners, street decorations or similar types of exposures Automobile Parking Stations -open air Corona del Mar Beach Park Balboa Parking Lot 26th Street Parking Lot 111 Bay & Washington PREMIUM No Chg. Additional Return 93164 per permit: if any 75230 parking spaces 600 552 67 10 Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Countersi ned b PI�OMSIONAL UNDERWRi'l .i 3, CORP. ® Bellefonte Underwriters Insurance Co, ,resident Authorized Representative THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6125176 City of Newport Reach Policy No. Effective Date Insured • ENDORSEMENT • NO. 4 HOST LIQUOR LAW LIABILITY COVERAGE Exclusion (h) does not apply with respect to liability of the insured or his indemnitee arising out of the giving or serving of alcoholic beverages at functions incidental to the named insured's business, provided the named insured is not engaged in the business of manufacturing, distributing, selling or serving of alcoholic beverages. PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. co,nteIVORSSIONAI:I LIND£RWRITERS"; G`dRY. P.. L ® Bellefonte Underwriters Ins. Co. %president THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG 203961 6/25/76 City of Newport Beach Policy No. Effective Date Insured Us Attaching cl need be completed only when this endwsla art is issu bsequent to preparation of the policy.) EOMP0.ENf GENERAL LIABILITY INSURANCE— MANUFACTURERS' AND COCTORS' LIABILITY INSURANCE— OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE LIABILITY Bates Ady3009 Cede Designation of Contracts on File No. or Known to the Company L 9485 Pre Property Damage B.I. P.D. CONTRACTUAL LIABILITY INSURANCE (Ed. 1 73) (a) Cost (Blanket Coverage— Limited Form) (b) Per sl,000 of Sales This endorsement, effective 6/25/76 , forms a part of policy No CAG 203961 AGREED IF ANY (12:01 A M., standard time) issued to City of Newport Beach PROFESSIONAL UNDERWRITERS, CORP, by Bellefonte Underwriters Insurance Co. ae� t �i President Authorized Representative SCHEDULE The insurance afforded for contractual liability is only with respect to such of the following Coverages as are indicated by a specific premium charge applicable thereto. The limits of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Advance Premiums Bates Premium Bases Cede Designation of Contracts on File No. or Known to the Company Bodily n Y Wry Pre Property Damage B.I. P.D. (a) Per $loo of Cost (a) Cost (b) Per sl,000 of Sales (b) Sales INCL. INCL. AGREED IF ANY 65191 Owner's, Landlord's & Tenant's Risks INCL. INCL. AGREED IF ANY 16281 Construction Risks 1E INCL. IS INCL. I Total Advance B.I. and P.D. Premiums, The following exclusions do not apply with respect to any "construction agreement ": The company, in consideration of the payment of the premium and subject to all of the provisions of the policy not expressly modified herein, agrees with the named insured as follows: I. COVERAGES— CONTRACTUAL BODILY INJURY LIABILITY CONTRACTUAL PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured, by reason of contractual liability assumed by him under any written contract of the type designated in the schedule for this insurance, shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence, except the liability of the indemnitee resulting from his sole negligence and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allega- tions of the suit are groundless, false or fraudulent, and may make such in- vestigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend (1) any arbitration proceeding wherein the company is not entitled to exercise the insured's rights in the choice of arbitrators and in the conduct of such proceedings, or (2) any suit after the applicable limit of the company's liability has been ovhauefpd by navmpnf of iudemonk nr enlflamanfe Exclusions This insurance does not apply: (a) to liability assumed by the insured under any incidental contract; (b) (1) if the insured is an architect, engineer or surveyor, to bodily injury or property damage arising out of professional services performed by such insured, including (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, and (ii) supervisory, inspection or engineering services: (2) if the indemnitee of the insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or employees, arising out of (i) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (ii) the giving of or the failure to give directions or instructions by the indemnitee, his agents or employees, provided such giving or failure to give Is the primary cause of the bodily injury or property damage; (c) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing: (d) to bodily injury or property damage for which the indemnitee may be held liphlp (over) (1) as a person or organization engaged In the business of manufacturing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regula- tion pertaining to the sale, gift, distribution or use of any alcoholic beverage or (ii) by reason of the selling, serving or giving or any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the indemnitee as an owner or lessor described in (2) above; (e) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensa- tion or disability benefits law, or under any similar law; (f) to any obligation for which the insured may be held liable in an action on a contract by a third party beneficiary for bodily injury or property damage arising out of a project for a public authority; but this exclusion does not apply to an action by the public authority or any other person or organiza- tion engaged in the project; (g) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; (h) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (i) to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (j) to property damage to the named insured's products arising out of such products or any part of such products; (k) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (m)to bodily injury or property damage arising out of the ownership, main- tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demoli- tion contest or in any stunting activity or in practice or preparation for any such contest or activity; (n) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other Irritants, contamin- ants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; Unless stated in the schedule as not applicable, the following exclusions also apply to contractual liability assumed by the insured under any agreement relating to construction operations. This insurance does not apply: (o) to bodily injury or property damage arising out of construction, maintenance or repair of watercraft or loading or unloading thereof; (p) to bodily injury or property damage arising out of operations, within fifty feet of any railroad property, affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; (q) to bodily injury or property damage included Within the completed operations hazard or the products hazard; (r) to property damage included within (1) the explosion hazard, ,,... rlAUTMENTIC(l 1r1 u (2) the collapse hazard, or (3) the underground property damage hazard. II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) If the named insured is designated in the declarations as an individual, the person so designated and his spouse; (b) if the named insured is designated in the declarations as a partnership or jointventure, the partnership or joint venture so designated and any partner -.or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such. This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a pa rtner or member and which is not designated in this policy as a named insured. III. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Contractual Bodily Injury Liability —The total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence ". Contractual Property Damage Liability —The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of anv one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence ". Subject to the above provision respecting "each occurrence ", the total liability of the company for all damages because of all property damage to which this coverage applies shall not exceed the limit of property damage liability stated in the schedule as "aggregate ". Such aggregate limit of liability applies separately with respect to each project away from premises owned by or rented to the named insured. Contractual Bodily Injury and Property Damage Liability —For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. ENDORSEMENT TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. V. ADDITIONAL DEFINITIONS When used in reference to this Insurance (Including endorsements forming a part of the policy): "contractual liability" means liability expressly assumed under a written contract or agreement; provided, however, that contactual liability shall not be construed as including liability under a warranty of the fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; "suit" includes an arbitration proceeding to which the insured is required to submit or to which the insured has submitted with the company's consent. IV.ADDITIONAL CONDITIONS Arbitration The company shall be entitled to exercise all of the insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding. Premium The advance premium stated in the schedule is the estimated premium on account of such written contracts as are on file with or known to the company. The named insured shall notify the company of all other written contracts entered into during the policy period to which this insurance applies. When used as a premium basis: 1. the word "cost" means the total cost of all work in connection with all contracts of the type designated in the schedule for this insurance with respect to which "cost" is the basis of premium, regardless of whether any liability is assumed under such contracts by the insured. It includes the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the insured, or others including all fees, allowances, bonuses or commissions made, paid or due. It shall not include the cost of any operations to which exclusions (o) or (p) apply, unless such exclusions are voided in the schedule. 2. the word "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes. other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division. • For attachment to Policy No. CA(: 201061 , to complete said policy. ADDITIONAL DECLARATIONS Location.a(:alpce anises owned by, rented to or controlled by the named insured, <..T.R.•-eArr�.rr SANK LOCATION AS A""R..a .MOWN IN ,T.. , "r a.cLA.ATw.n Interest �d,.iaNd. Insured in such premises ........LCWI Per, -` Owner.K *..:_ General Lessee Q Tenant [] Other Part occupied ound ,..T....LQW, The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages mare indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages Leda of Liability Advance Premiums each occurrence COVERAGE PART • COMPREHENSIVE GENERAL LIABILITY INSURANO L 0395 (Ed. 1 -73) For attachment to Policy No. CA(: 201061 , to complete said policy. ADDITIONAL DECLARATIONS Location.a(:alpce anises owned by, rented to or controlled by the named insured, <..T.R.•-eArr�.rr SANK LOCATION AS A""R..a .MOWN IN ,T.. , "r a.cLA.ATw.n Interest �d,.iaNd. Insured in such premises ........LCWI Per, -` Owner.K *..:_ General Lessee Q Tenant [] Other Part occupied ound ,..T....LQW, The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages mare indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Coverages Leda of Liability Advance Premiums each occurrence aggregate A— Bodily Injury Liability $SEE ENDORS N0. 1 $142,500.00 B— Property Damage Liability $ " " ; " $ INCL. Forn numbers of endorsements attached at issue $ — Total Advance Premium $142,500.00 Ordered Liability Hazards Cede Rates Advance Premiums Description of Hazards He; Premium Bases P.D. Bodily Injury Property Damage Premises - Operations See Schedule Attached rAGREED AGREED 142,500. INCL. (a) Area (SY. Ft.) (a) Per 100 Sq. Ft. of Area (b) Frontage (b) Per Linear Foot Remuneration c) Per, 100 of Remuneration 4c) d) Receipts 46) Per 500 of Receipts (e) Units a Per nit Escalators (Number at Premises) Number Insured Per Landing Independent Contractors Cost Per $100 of Cost Operations 17982 If Any Agreed Agreed INCL. INCL. Completed Operations (a) Receipts (a) Per $l,000 of Receipts Products (b) Sales (b) Per $1,000 of Sales Total Advance B.I. and P.D. Premiums 1.42, 500. $ INCL. When used as a premium basis: 1. "admissions" means the total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "Cost' means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let or sub -let in connection with each specific project, Including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. "recolpla" means the gross amount of money charged by the named insured for such operations by the named iasured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other then taxes which the named insured collects as a separate item and remits directly to a governmental division; 4. "remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs (except operators of mobile equipment) and aircraft pilots and co- pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division. (over) I. COVERAGE A— BODILY INJURY LIABILITY COVERAGE B— PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodilyinjuryor B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company Mall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways imme- diately adjoining, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, main- tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his em- ployment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named insured; 10 to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed 00 by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or OD by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part 00 of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (il to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensa- tion or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (kl to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the named insured; (1) to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (m)to loss of use of tangible property which has not been physically injured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the AUTHENTIC named insured after such products or work have been put to use by any person or organization other than an Insured; (nl to property damage to the named insured's products arising out of Such products or any part of such products; (o) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (q) to property damage included within: (1) the explosion hazard in connection with operations identified in this policy by a classification code number which includes the symbol "x ", (2) the collapse hazard in connection with operations identified in this policy by a classification code number which includes the symbol "c ", (3) the underground property damage hazard in connection with operations identified in this policy by a classification code number which includes the symbol "u ". II. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; , (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an in- dividual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, (i) an employee of the named insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this para- graph (e) with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or {2) property damage to property owned by, rented to, in charge of or occupied by the named insured or the employer of any person described in sub- paragraph (ii). This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. III. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organi- zations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A —The total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence ': Subject to the above provision respecting "each occurrence ", the total liability of the company for all damages because of (1) all bodily injury included within the Completed operations hazard and (2) all bodily injury included within the products hazard shall not exceed the limit of bodily injury liability stated in the schedule as "aggregate ". Coverage B —The total liability of the company for all damages because of all property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence ". Subject to the above provision respecting "each occurrence ", the total liability of the company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the schedule as "aggregate ": (1) all property damage arising out of premises or operations rated on a re- muneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any in. cidental contract relating to such premises or operations, but excluding property damage included in subparagraph (2) below; (2) all property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph 12) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) all property damage included within the products hazard and all property damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3) above, and under subparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B —For the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or re- peated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. 0 ra~ . ENDORSEMENT • NO. 5 In consideration of the premium charged, it is understood and agreed that the exclusion relating to Water Utility Agency is hereby deleted. PREMIUM No Chg. Additional Return Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limits or conditions of the policy, except as hereinabove set forth. Q Bellefonte Underwriters Ins. Co. Countersigned by 7/16/76 ac D PROFESSIONAL UNDERWRITES, CORP 13 THE FOLLOWING SPACES MUST BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO THE POLICY WHEN ISSUED. CAG_203961 6/25/76 _CITY DP NEWPORT BEACH Policy No. Effective Date Insured IISEAR ENERGY LIABILITY EXCLUSION ENDORSEM1 BROAD FORM) This endorsement modifies the previsions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that: I. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability - Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Pay. ments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by product material; "source material ", "special nuclear material', and "byproduct material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such ma- terial in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Liability Insurance in New York. MICHIGAN ENDORSEMENT: (In can this policy is written in the State of Michigan, the following applies.) CANCELATION CONDITION — AMENDMENT OF FIRST PARAGRAPH: It is agreed that with respect to the "Cancellation" provisions of the policy: 1. The words "at the address shown in this policy", appearing in the first paragraph of the "Cancellation" Condition, are amended to read "at his address last known to the company or its authorized agent ". 2. The provisions (if forming a part of the policy) of the endorsement entitled "Amendment of Termination Provisions (Michigan)" apply as stated therein. 3. The provisions, if any, forming a part of the policy which (by endorsement or otherwise) amend the "Cancellation" provisions of the policy other than as stated or designated in this endorsement are deleted. Attach Coverage Part(s) and Endorsement(s) (if Any) Here CONDITIONS 1. Premium: All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums appli- cable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit: The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report there- on shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or o erations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Financial Responsibility Laws: When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com- pany which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit: (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall im- mediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of Injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Action Against Company: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the com- pany of any of its obligations hereunder. 6. Other Insurance: The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (al Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect.to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation: In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and pa ers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 9. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. Assignment: Assignment of interest under this policy shall not bind the com- pany until its consent is endorsed hereon; if, however, the named insured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 10. Three Year Policy: If this policy is issued for a period of three years any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation: This policy may be cancelled by the named insured by sur- render thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the ef- fective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancel- lation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Declarations: By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly author- ized representative of the company. Lary 4L- President = -1 qi I RESOLUTION NO. 8 85 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR AUTOMOBILE AND COMPREHENSIVE PUBLIC LIABILITY INSURANCE COVERAGE, AND RESCINDING RESOLUTION NOS. 8524 AND 8624 WHEREAS, the Insurance Committee has held a number of meetings with the City's insurance broker for the purpose of reviewing the various proposals for renewal of the City liability insurance for fiscal.year 1976/1977; and WHEREAS, the Insurance Committee has recommended the following insurance companies for liability coverage placement: A. General Liability Bellefonte Insurance Company Annual Premium $142,500 B. Broadened Liability for Cities Covenant Mutual Ins. Company Annual Premium 21,000 C. Paramedic Liability Western World Insurance Company Annual Premium 1 4,000 D. Automobile Liability Fireman's Fund Insurance Company Annual Premium 40,000 E. Umbrella Liability Midland Insurance Company Annual Premium 115,000 Total Annual Premium 322,500 Estimated Annual Average Claims And Expense Cost To City 30,000 Grand Total $352,000 WHEREAS, the City Council has considered the recommen- dation of the Insurance Committee and has determined that it would be in the best interest of the City to accept said recommendation; -1- • i NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the recommendation of the Insurance Committee for Automobile and Comprehensive Public Liability Insurance Coverage for fiscal year 1976/1977 as set forth hereinabove; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any agreements necessary to carry out the purpose of this resolution. ADOPTED this 26th day of July , 1976. ATTEST: City Clerk Mayor DDO /bc 7/13/76