AMENDMENT TO LEASE AMENDMENT
BETWEEN CITY OF HUNTINGTON BEACH
AND MICHAEL & CHRISTIE BARTUSICK dba PARK BENCH CAFÉ
THIS AMENDMENT TO LEASE AMENDMENT (this "Amendment") is made and entered into this day of _, 2022 (the "Effective Date") by and between the CITY OF HUNTINGTON BEACH, a municipal corporation ("Lessor"), and MICHAEL BARTUSICK AND CHRISTIE BARTUSICK dba PARK BENCH CAFÉ, a California corporation ("Lessee").
Lessor and Lessee are at times collectively referred to herein as "Parties" and individually as a "Party."
RECITALS:
A. Lessee leases from Lessor certain real property (the "Property"), described as a café style restaurant with outdoor dining, known as Park Bench Café, whose address is 17732 Goldenwest Street, Huntington Beach, CA, together with a building and other related improvements (collectively referred to as the "Improvements"). The term "Premises" as used in this Lease shall mean both the Property and the Improvements. Lessee desires to lease the Premises in the manner set forth below.
B. Parties have mutually agreed to extend the previous Lease Amendment, dated August 6, 2012, for an additional ten (10) year term, which shall end at 11:59 pm. On August 5, 2032, unless extended, or sooner terminated as provided herein.
C. This Amendment and extension to the previous Lease, with all terms and conditions of the previous Lease remain in place unless otherwise stated or amended in this Amendment.
D. All references to Community Services Department shall be known as and referred to as Community & Library Services Department.
E. SECTION 10. RENT, shall be amended to include:
Sub-section (a) Minimum Base Rent. For the first year of this Lease, Lessee shall pay City as minimum rent for the Premises ("Minimum Base Rent") the sum of Seventeen Thousand Four Hundred and Eighteen Dollars ($17,418.00) per year, plus any increases 1 22-11771/294863
provided for Sub-Paragraph "(b)" below. Rent shall be paid in lawful money of the United States of America, without deduction or offset, at Huntington Beach City Hall, City Treasurer, 2000 Main Street, Huntington Beach, CA 92648, or the place City may designate in writing. Lessee shall pay City each month One Thousand Four Hundred and Fifty One Dollars and Fifty Cents ($1,451.50, which is one-twelfth of the Minimum Base Rent. Should monthly payments for Minimum Base Rent be required for any partial month pursuant to any provision of the Lease, such Rent shall be prorated in accordance with the actual number of days in the month in which such proration occurs.
Sub-Section (b) Adjustment of Minimum Base Rent. Commencing on the first anniversary of this Lease, and each anniversary thereafter ("Rent Adjustment Date"), the Minimum base Rent shall be adjusted by the annual increase in the Consumer price Index published by the Bureau of Labor Statistics, United States Department of Labor, for the Los Angeles-Long Beach-Anaheim, CPI-U, as available for the prior one-year period from October 1 through September 30. In no event shall the Minimum Base Rent be decreased from the previous year.
Sub-Section (c) Percentage Rent. In alternative to the Minimum Base Rent, each month Lessee shall pay City a sum ("Percentage Rent") equal to the amounts that the product of the percentage rate set forth in this paragraph multiplied by the cumulative Gross Sales at the Premises through that month of the Operational Year exceeds the Minimum Annual Rent owed for the same month. Lessee shall pay City Percentage Rent according to the following annual Gross Sales Percentages: (at this point, add in the table in Section 10 under Rent).
Years 1 through 5 table header shall be removed and replace with "Percentage Rent". Additionally, beginning in year 1, the Minimum Base shall increase to $1,451.50 a month and shall be subject to annual CPI increase, not to exceed 5%". The table shall read as follow:
$0 - $100,000 of Gross Sales = 8.0%
$100,000.01 - $150,000.00 of Gross Sales = 9.0%
Over $150,000.00 Gross Sales = 10.0%
Minimum Base Rent* = $1,400 per month plus annual CPI
2 22-11771/294863
Years 6 - 10" and the subsequent table shall be removed and replaced with the statement: "The 'Operational Year' is a one-year period ending December 31. For purposes of computing the percentage Rent for any partial Operational Year at the beginning or end of the Lease Term or any extension thereof, the volume of Gross Sales for that period shall be adjusted pro rata to the number of months in that partial Operational Year to determine the Percentage Rent to utilize."
*Monthly rent will equal minimum base rent or percentage of gross sales for the month, whichever is greater NOW, THEREFORE, Lessor and Lessee agree as follows:
1. Integration and Conflicts. The Parties acknowledge and agree that this Amendment shall be integrated into the Lease as part thereof. In the event of any conflict or inconsistency between the provisions of the Lease and the terms of this Amendment, the terms of this Amendment shall control.
2. Binding Effect. This Amendment shall be binding upon, and insure to the benefit of, the Parties and their respective successors and assigns.
3. Joint Preparation. The Parties have been represented by counsel in the negotiation of the terms of this Amendment and have jointly prepared this Amendment.
4. Modifications. This Amendment may not be amended or modified unless such amendment or modification is in writing and signed by both Parties.
5. Counterparts. This Amendment may be executed in any number of duplicate originals and each such duplicate original shall be deemed to constitute but one and the same Amendment.
THIS SPACE INTENTIONALLY LEFT BLANK
3 22-11771/294863
IN WITNESS WHEREOF, the parties hereto have caused this Lease Amendment to be executed by and through their authorized officers the day, month and year first above written.
PARK BENCH CAFÉ CITY OF HUNTINGTON BEACH, a
Municipal corporation of the State of
California
Michae Barrusick
Print Name Mayor
Prisedal
APPROVED AS TO FORM:
chat Bould
By:
City Attorney Mo
MIc ChRIsTie BaRrusi
Print Name INITIATED AND APPROVED:
UP
Title Director of Community & Library Services
ATTEST: REVIEWED AND APPROVED:
City Clerk City Manager
4 22-11771/294863
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDYYYY) 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(les) must have ADDITIONAL INSURED provisions or 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 riahts to the certificate holder in lieu of such endorsements).
CAME Rachelle Williams
Burnham WGB Insurance Solutions
CA License Number 0F69771 (AIC. No. Ext): 714-505-7000 No: 714-573-1770 E-MAIL
15901 Red Hill Avenue ADDREsS: [email protected]
Tustin CA 92780 INSURERS) AFFORDING COVERAGE NAIC #
INSURERA: Pacific Compensation Insurance Company 11555
INSURED PARKB-1 INSURER B : Sentinel Insurance Company, Ltd. 11000 Park Bench Cafe, Inc. INSURER C: Hartford Accident and Indemnity Company 17732 Goldenwest 22357
Huntington Beach CA 92647 INSURER D:
INSURER E:
INSURER F:
CERTIFICATE NUMBER: 231471965 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
TYPE OF INSURANCE POLICY NUMBER
X COMMERCIAL GENERAL LIABILITY 72SBABC8006
] CLAIMS-MADE [X] OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL. & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO. PRODUCTS - COMP/OP AGG $2,000,000
POLICY Loc
JECT
OTHER:
AUTOMOBILE LIABILITY 72SBABC8006 9/20/2023 $1,000,000
/ ANY AUTO APPROVED AS TO F/383922 BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) S
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY MICHAEL E. GATES (Per accident)
CITY ATTORNEY 0z or cr
UMBRELLA LIAB OCCUR CITY OF HUNTINGTON BEACH EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED | RETENTIONS
AND EMPLOYEES LAL WA00302505 4/1/2022 4/1/2023 X PETUTE T Y/ N $1,000,000
N/A EL. EACH ACCIDENT
(Mandatory In NH) EL. DISEASE - EA EMPLOYEE $ 1,000,000 EL. DISEASE - POLICY LIMIT $1,000,000
CERTIFICATE HOLDER CANCELLATION
SHE EXPIRATION DATE THERE, TEE ELD
THE EXPIRATION DATE THEREOF
ACCORDANCE WITH THE POLICY PROVISIONS.
ty of Huntington Beac
ÓO Main Stre AUTHORIZED REPRESENTATIVE
Huntington Beach CA 92648
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 72 SBA BC8006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR
CITY OF HUNTINGTON BEACH, ITS
ELECTED OR APPOINTED
OFFICIALS, AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS
2000 MAIN ST
HUNTINGTON BEAC CA 92648
LOC 001 BLDG 001
CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS,
AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS
2000 MAIN STREET
HUNTINGTON BEACJ, CA 92648
RE: NUMBER OF JOB LOCATIONS: 1
Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page Process Date: 05/27/22 Expiration Date: 09/20/22
• POLICY NUMBER: 72 SBA BC8006
CHANGE NUMBER: 001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
SEE IH1200
Location(s) Of Covered Operations:
SEE IH1200
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section C. - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, following additional organizations) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", "propert) This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury' "property damage" occurring after:
caused, in whole or in part, by:
• All work, including materials, parts
1. Your acts or omissions; or quipment furnished in connection with suc
2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insureds) at the location(s) location of the covered operations has been designated above. completed; or
2. That portion of "your 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.
Form SS 41 70 06 11 Page 1 of 1
Process Date: 05/27/22 Policy Expiration Date: 09/20/22 @ 2011, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with Its permission) • POLICY NUMBER :72 SBA BC8006
CHANGE NUMBER: 001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
SEE IH1200
Location And Description Of Completed Operations:
SEE IH1200
Section C. - Who Is An Insured is amended to
include the following: inspection, quality
a. The person(s) or organizations) shown in control, architectural, engineering or the Schedule on the Declarations is also surveying activities or services; an additional insured, but only with (3) Maintenance of job site safety respect to liability for "bodily injury" or construction administration "property damage" caused, in whole or in construction contracting, construction part, by "your work" and at the location management, computer consulting or designated and described in the Location design software development And Description Of Completed Operations programming service, or selection of Schedule in the Declarations performed a contractor or programming service; for that additional insured and included in (4) Monitoring, sampling, the "products-completed service necessary to perform any of hazard". the services included in (1), (2) or (3)
b. With respect to the insurance afforded to above;
these additional insureds, this insurance
does not apply to "bodily injury", "properly
damage" or "personal and advertising
injury" arising out of the rendering of, or Included in (1), (2) or (3) above; the fallure to render, any professional afforded to
architectural, engineering or surveying °. Initional rasureds ford apples to the extent permitted by law."
(1) The preparing, approving, editing of
or failure to prepare or approve, shop
designs,
warnings, recommendations, permit
applications, payment requests,
manuals or instructions;
Form SS 41 71 12 19 Page 1 of 1
Process Date: 05/27/22 Policy Expiration Date: 09/20/22 @ 2019, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 72SBABC8006
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
amended to include as an additional insured
If listed or shown as applicable in the Declarations,
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Insured Coverages also apply. When any of these
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured - Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or use of equipment leased to you by such
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability person(s) or organization(s). for "bodily • injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
Leased
b. In connection with your premises owned
by or rented to you. a. WHO IS AN INSURED under Section C. is amended to include as an additional
2. Additional Insured - Managers Or Lessors
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured - Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organizations) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the
Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to This insurance does not apply to:
these additional insureds, the following
additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (2) Structural alterations, new
(1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in thal
premises; or performed by or on behalf of such
person or organization.
(2) Structural alterations, new
6. Additional Insured - State Or Political
construction or demolition operations Subdivision - Permits performed by or on behalf of such
person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
BUSINESS LIABILITY COVERAGE FORM
Insured - State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (1) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product;
the state or municipality; or
(g) Products which, after distribution
(2) "Bodily injury" or "property damage" or sale by you, have been labeled Included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any
7. Additional Insured - Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or
"property damage" included (ii) Such inspections,
"products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with the distribution or sale of the
damage" for which the vendor is products.
obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured -
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance
9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organizations) DEFINITIONS
shown in the Declarations as an Additional
Insured - Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "properly damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf:
(3) Billboard;
(1) In the performance of your ongoing
(4) Magazine;
operations for the additional
insureds); or (5) Newspaper;
(2) In connection with your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations
hazard". a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or
does not apply to "bodily injury", "property
damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or A. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include
10. Additional Insured - Co-Owner Of Insured "mobile equipment".
Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured - Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "'Coverage territory" means:
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other arising out of the premises or 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; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in C. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or
part of any payment,
permit that this insurance is
Supplementary Payments, we have made
primary and non-contributory with under this Coverage Part, those rights are the additional insured's own
transferred to us. The insured must do
insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
POLICY NUMBER: 72 SBA BC8006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR
CITY OF HUNTINGTON BEACH, ITS
ELECTED OR APPOINTED
OFFICIALS, AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS
2000 MAIN ST
HUNTINGTON BEAC CA 92648
LOC 001 BLDG 001
S$4170 AND SS4171
CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS,
AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS
2000 MAIN STREET
HUNTINGTON BEACJ, CA 92648
RE: NUMBER OF JOB LOCATIONS: 1
Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page Process Date: 05/27/22 Expiration Date: 09/20/22
• POLICY NUMBER: 72 SBA BC8006
CHANGE NUMBER: 001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
SEE IH1200
Locatlon And Description Of Completed Operations:
SEE IH1200
Section C. - Who Is An Insured is amended to
include the following: (2) Supervisory, Inspection, quality The person(s) or organizations) shown in control, architectural, engineering or the Schedule on the Declarations is also surveying activities or services; an additional insured, but only with (3) Maintenance of job site safety, respect to liability tor construction
construction contracting, construction
part, by "your work" and at the location management, computer consulting or designated and described in the Location design software development And Description Of Completed Operations programming service, or selection of Schedule in the Declarations performed a contractor or programming service; for that additional insured and included in (4) Monitoring, sampling, or testing the "products-completed service necessary to perform any of hazard". the services included in (1), (2) or (3)
b. With respect to the insurance afforded to above;
these additional insureds, this Insurance
does not apply to "bodily injury", "property
damage" or "personal and
injury" arising out of the rendering of, or
the failure to render, any professional The insurance
architectural, engineering or surveying addlional insureds ford aples to the services, including: extent permitted by law.
(1) The preparing, approving, editing of
warnings, recommendations, permit
payment requests,
Form SS 41 71 12 19 Page 1 of 1
Process Date: 05/27/22 Policy Explration Date: 09/20/22 © 2019, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission) POLICY NUMBER: 72 SBA BC8006
CHANGE NUMBER: 001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
SEE IH1200
Location(s) Of Covered Operations:
SEE IH1200
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section C. - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, following additional organization(s) shown in the Schedule, but only exclusions apply:
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after:
caused, in whole or in part, by:
• All work, including materials, parts c
1. Your acts or omissions; or quipment furnished in connection with suc
2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or
in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insureds) at the locations) location of the covered operations has been designated above. completed: or
2. That portion of "your 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
Form SS 41 70 06 11 Page 1 of 1
Process Date: 05/27/22 Pollcy ExpIration Date: 09/20/22 @ 2011, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission)