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(7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met:
(1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract";
(4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit";
(iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(b) Provides us with written authorization to:
(i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit".
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
(1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met.
B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or
(2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury".
Form SL 00 00 10 18 Page 3 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages because of:
(a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or
(b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided:
(1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and
(ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;
(3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or
(4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2), (3) or (4) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
Form SL 00 00 10 18 Page 4 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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This exclusion does not apply to liability assumed by the insured under an "insured contract'. f. Pollution
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to:
(i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(11) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to:
(i)
"Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or
(b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
Form SL 00 00 10 18 Page 5 of 22
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However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority.
Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".
This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This Exclusion g.(2) does not apply to:
(a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured;
(d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than "unmanned aircraft") or watercraft;
(e) "Bodily injury" or "property damage" arising out of:
(i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or
(ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or
(f) An aircraft (other than "unmanned aircraft") that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.
Form SL 00 00 10 18 Page 6 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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i. War
"Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to:
(1) Legal, accounting or advertising services;
(2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming;
(7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any:
(a) Body piercing (not including ear piercing);
(b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services;
(10)Pharmaceutical services including but not limited to:
(a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers;
(11)Computer consulting, design or programming services, including web site design.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages.
k. Damage To Property
"Property damage" to:
(1)
Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
Form SL 00 00 10 18
© 2018, The Hartford
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(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard".
I. Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard".
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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(2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement";
(5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement";
(6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of:
(a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or
(b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply.
However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to:
(i) Infringement, in your "advertisement", of:
a. Copyright;
b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or
c. Title of any literary or artistic work; or
(ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is:
(a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions.
For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting;
(9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control;
(10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act.
However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act;
(12)Arising out of:
(a) Advertising content for others on your web site,
(b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
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(c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law;
(14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or
(16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to:
(a) Infringement, in your "advertisement", of:
(i) Copyright;
(ii) Slogan; or
(iii) Title of any literary or artistic work; or
(b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
q. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability (1)
Damages because of "bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".
This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
Form SL 00 00 10 18
© 2018, The Hartford
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(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury -causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
s. Asbestos
(1)
(2)
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard"
Any damages, judgments, settlements, Toss, costs or expenses that:
(a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard";
(b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard".
t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.
Form SL 00 00 10 18 Page 11 of 22
© 2018, The Hartford
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c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests.
f. Products -Completed Operations Hazard
Included with the "products -completed operations hazard". g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.
However, none of these "employees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.
If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property:
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(a) Owned, occupied or used by:
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager
Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.
The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to:
(1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
5. Operator Of Nonowned Watercraft
With respect to watercraft you do not own that is less than 51 feet Tong and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability.
However, no person or organization is an insured with respect to:
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a. "Bodily injury" to a co -employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations.
This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations.
The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner.
In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of:
a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations
Such amount shall be a part of and not in addition
described in this Section.
If more than one limit of insurance under this Policy and "suit", the most we will pay under this Policy and the
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coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense
You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim
If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.
You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to:
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(1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer or insurance manager, if you or an additional insured under this Coverage Part is a corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity.
This Paragraph f. applies separately to you and any additional insured under this Coverage Part.
3. Legal action Against Us
No person or organization has a right under this Coverage Part:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
4. Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought.
5. Representations
a. When You Accept This Policy
By accepting this Policy, you agree:
(1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure.
6. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work";
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(2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
If the Toss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.
However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
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If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
7. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a.
b.
Notices that are published include material placed on the Internet or on communication; and
Regarding web sites, only that part of a web site that is about your goods, purpose of attracting customers or supporters is considered an advertisement.
2. "Advertising idea" means any idea for an "advertisement".
3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
similar electronic means of
products or services for the
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(3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication.
provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to.
7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.
8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because:
a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement;
c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
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(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".
14. "Loading or unloading" means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos".
16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses:
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a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".
18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
19. "Products -completed operations hazard";
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times
(a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
20. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such Toss of use shall be deemed to occur at the time of "occurrence" that caused it.
As used in this definition, "electronic data" is not tangible property.
21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
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22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Unmanned aircraft" means an aircraft that is not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.
24. "Volunteer worker" means a person who:
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
25. "Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
26. "Your work":
a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
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© 2018, The Hartford
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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BLANKET ADDITIONAL INSURED BY CONTRACT - UMBRELLA
This endorsement modifies insurance provided under the following.
UMBRELLA LIABILITY SUPPLEMENTAL POLICY
Except as otherwise stated in this endorsement, the terms and conditions of the Supplemental Policy apply.
A. The following is added to Paragraph 2. of Section C. WHO IS AN INSURED:
a. Any person or organization when you have agreed, because of a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision, to provide insurance such as is afforded under this Supplemental Policy, but only with respect to your operations performed by you or on your behalf, "your work" or facilities owned or used by you.
This provision does not apply:
(1) Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," or "personal and advertising injury"; (2) Unless the limits of liability specified in such written contract, written agreement or permit are greater than the limits of liability provided by the "underlying insurance''; and (3) Beyond the period of time required by the written contract, written agreement or permit; However, no such person or organization is an "insured" under this provision if such person or organization qualifies as an "insured" by any other provision of this Supplemental Policy. b. With respect to the insurance afforded to the persons or organizations qualifying as an "insured" in Paragraph a. above, the following additional exclusion applies:
(1) This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an "insured", if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
c. The insurance afforded to such "insured" will not be broader than that which you are required by the contract, agreement or permit to provide for such "insured".
d. The insurance afforded to such "insured" only applies to the extent permitted by law.
Form SU 00 02 10 18 Page 1 of 1
© 2018, The Hartford
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard".
(1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Form SL 30 32 10 18 Page 1 of 3
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(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises; or
(b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
(a) This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
(b) This insurance does not apply to "bodily injury" or "property damage" included within the "products - completed operations hazard".
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or
Form SL 30 32 10 18 Page 2 of 3
© 2018, The Hartford
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(b) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products -completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
Form SL 30 32 10 18 Page 3 of 3
© 2018, The Hartford
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UMBRELLA LIABILITY SUPPLEMENTAL POLICY
In this Supplemental Policy the words "you" and "your" refer to the Named Insured first shown in the Supplemental Policy Declarations and any other person or organization qualifying as a Named Insured under this Supplemental Policy. The words "we", "us" and "our" refer to the insurance company shown in the Supplemental Policy Declarations.
Other words and phrases that appear in quotation marks also have special meanings. Refer to Section F. DEFINITIONS.
IN RETURN FOR THE PAYMENT OF THE PREMIUM and in reliance upon the statements in the Supplemental Policy Declarations made a part hereof, and subject to all of the terms of this Supplemental Policy we agree with you as follows:
A. COVERAGES
1. Umbrella Liability Insurance
Insuring Agreement
a. We will pay those sums that the "insured" becomes legally obligated to pay as "damages" in excess of the "underlying insurance or of the "self-insured retention" when no "underlying insurance" applies, because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies caused by an "occurrence". But, the amount we will pay as "damages" is limited as described in Section D. LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section B. INVESTIGATION, DEFENSE, SETTLEMENT.
b. This insurance applies to "bodily injury", "property damage" or "personal and advertising injury" only if:
(1) The "bodily injury" or "property damage" occurs during the "policy period", or the "personal and advertising injury" is caused by an offense committed during the "policy period"; and (2) Prior to the "policy period", no "insured" listed under Paragraph 1. of Section C. WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed "insured" or authorized "employee" knew, prior to the "policy period", that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the "policy period" will be deemed to have been known prior to the "policy period". c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any "insured" listed under Paragraph 1. of Section C. WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for "damages" because of the "bodily injury" or "property damage"; or
(3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
2. Exclusions
This Supplemental Policy does not apply to:
a. Pollution
Any obligation:
(1) To pay for the cost of investigation, defense or settlement of any claim or "suit" against any "insured" alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the "pollution hazard"; or (2) To pay any "damages", judgments, settlements, Toss, costs or expenses that may be awarded or incurred:
(a) By reason of any such claim or "suit" or any such injury or damage; or (b) In complying with any action authorized by law and relating to such injury or damage.
Form SU 00 00 12 19 Page 1 of 18
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EXCEPTION
This exclusion does not apply:
(a) To "bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or
(b) To injury or damage as to which valid and collectible "underlying insurance" with at least the minimum limits shown in the Extension Schedule Of Underlying Insurance is in force and applicable to the "occurrence". In such event, any coverage afforded by this Supplemental Policy for the "occurrence" will be subject to the pollution exclusions of the "underlying insurance" and to the conditions, limits and other provisions of this Supplemental Policy. But, in the event that such valid and collectable "underlying insurance" is not maintained with limits of liability as set forth in the Extension Schedule Of Underlying Insurance, this Exception (b) does not apply. (c) Exception (b) also does not apply to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(i) That are, or that are contained in any property that is:
(aa) Being transported or towed by, or handled for movement into, onto or from, any "auto"; (bb) Otherwise in the course of transit by or on behalf of the "insured"; or (cc) Being stored, disposed of, treated or processed in or upon any "auto"; (ii) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto any "auto"; or (iii) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". (d) Paragraph (i) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if:
(i) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (ii) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs f.(2) or f.(3). of the definition of "mobile equipment".
(e) Paragraphs (c)(ii) and (c)(iii) above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an "auto" covered by the "underlying insurance" if:
(i) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto"; and (ii) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage.
b. Workers' Compensation And Similar Laws
Any obligation of the "insured" under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
c. Contractual Liability
Liability assumed by the "insured" under any contract or agreement with respect to an "occurrence" taking place before the contract or agreement is executed.
d. Personal And Advertising Injury
"Personal and advertising injury".
(1) EXCEPTION
This exclusion does not apply to the extent that coverage for such "personal and advertising injury" is provided by "underlying insurance", but in no event shall any "personal and advertising injury" coverage Form SU 00 00 12 19 Page 2 of 18
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provided under this Supplemental Policy apply to any claim or "suit" to which "underlying insurance" does not apply. This EXCEPTION applies only to the extent that such coverage provided by the "underlying insurance" is maintained having limits as set forth in the Schedule Of Underlying Insurance.
When this EXCEPTION applies, the insurance provided under this Supplemental Policy for "personal and advertising injury" will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance.
This EXCEPTION does not apply to:
(a) Aircraft (Unmanned Aircraft)
"Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft'. Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any "insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that "insured", if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
However, this Paragraph (a) does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to:
(i)
Infringement, in your "advertisement", of:
(aa) Copyright;
(bb) Slogan; or
(cc) Title of any literary or artistic work; or
(ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or
(b) Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information.
e. Underlying Insurance
The amount of any injury or damage:
(1) Covered by "underlying insurance" but for any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its coverage part, policy, or endorsement; or (2) For which damages would have been payable by "underlying insurance" but for the actual or alleged insolvency or financial impairment of an underlying insurer. f. Aircraft (Other Than Unmanned Aircraft)
(1) "Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or "loading or unloading" of any aircraft (other than "unmanned aircraft"):
(a) Owned by any "insured"; or
(b) Chartered or loaned to any "insured".
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an "insured", if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft") that is owned or operated by or rented or loaned to any "insured".
Form SU 00 00 12 19 Page 3of18
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(2) This exclusion does not apply to aircraft (other than "unmanned aircraft") that is:
(a) Hired, chartered or loaned with a paid crew; but
(b) Not owned by any "insured".
(3) This exclusion does not apply to "bodily injury" to any of your "employees" arising out of and in the course of their employment by you.
Aircraft (Unmanned Aircraft)
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any "insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that "insured", if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
h. Watercraft
"Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, "loading or unloading" of any watercraft.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an "insured", if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others, of any watercraft that is owned or operated by or rented or loaned to, any "insured".
This exclusion does not apply to:
(1) Watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge; (2) "Bodily injury" to any of your "employees" arising out of and in the course of their employment by you; or (3) Any watercraft while ashore on premises owned by, rented to or controlled by you. i. War
Any injury or damage, however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage To Property
"Property damage" to property you own.
k. Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard".
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
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This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property
Damages claimed for any Toss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Expected Or Intended
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured".
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
p. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the "insured" arising out of and in the course of:
(a) Employment by the "insured"; or
(b) Performing duties related to the conduct
of the "insured's" business; or
(2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above.
This exclusion applies whether the "insured" may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
EXCEPTIONS:
This exclusion does not apply to liability assumed by the "insured" under an "insured contract".
With respect to injury arising out of an "auto" covered under the applicable "underlying insurance," this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits. For the purposes of this exclusion, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises.
This exclusion does not apply to the extent that valid "underlying insurance" for the employer's liability risks described above exists or would have existed but for the exhaustion of underlying limits for "bodily injury".
To the extent this exclusion does not apply, the insurance provided under this Supplemental Policy for the employer's liability risks described above will follow the same provisions, exclusions and limitations that are contained in the applicable "underlying insurance", unless otherwise directed by this insurance. q. Property Damage To Employee's Property
With respect to coverage afforded any of your "employees", "property damage" to property owned or occupied by or rented or loaned to:
(1) That "employee";
(2) Any of your other "employees";
(3) Any of your partners or members (if you are a partnership or joint venture); or (4) Any of your members (if you are a limited liability company). r. First—Party Auto Or Mobile Equipment Coverages
Any claim arising out of or relating to an "auto" or "mobile equipment" for:
(1) Uninsured or underinsured motorists coverage;
(2) Personal injury protection;
Form SU 00 00 12 19 Page 5 of 18
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(3) Auto medical payments coverage;
(4) First -party physical damage coverage; or
(5) Any similar no-fault coverage by whatever name called; unless this Supplemental Policy is endorsed to provide such coverage. s. Employment Practices Liability
Any injury or damage to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or
(2) The spouse, child, parent, brother or sister of that person, as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (1)(a), (1)(b) or (1)(c) above is directed. (3) This exclusion applies:
(a) Whether the injury -causing event described in Paragraphs (1)(a), (1)(b) or (1)(c) above occurs before employment, during employment or after employment of that person; (b) Whether the "insured" may be liable as an employer or in any other capacity; and (c) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
t. Employee Retirement Income Security Act
Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974, Public Law 93-406 (commonly referred to as the Revision Act of 1974), or any amendments to them.
u. Asbestos
Any injury, damages, loss, cost or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" arising out of, or relating to, in whole or in part, the "asbestos hazard" that:
(1) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; or
(2) Arise out of any request, demand, order, or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of any "asbestos hazard"; or (3) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard".
v. Racing And Stunting Activities
"Bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or "loading or unloading" of an "auto" or "mobile equipment" while being used in any:
(1) Prearranged or organized racing, speed or demolition contest; (2) Stunting activity; or
(3) Preparation for any such contest or activity.
w. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability (1) Damages because of "bodily injury" or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, Form SU 00 00 12 19 Page 6of18
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processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".
This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above.
However, unless Paragraph (1) above applies, this exclusion does not apply to "damages" because of "bodily injury".
x. Limited Underlying Coverage
Any injury, damage, loss, costs or expense, including but not limited to "bodily injury", "property damage" or "personal and advertising injury" for which:
(1) "Underlying insurance" provides coverage; but that
(2) Because of a provision within the "underlying insurance", such coverage is provided at a limit or limits of insurance that are less than the limit(s) for the "underlying insurance" shown on the Extension Schedule Of Underlying Insurance.
y. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1)
(2)
(3)
The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; The CAN -SPAM Act of 2003, including any amendment of or addition to such law; The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state, or local statute, ordinance or regulation, other than the TCPA, CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
z. Nuclear Energy Liability Exclusion (Broad Form)
(1) "Bodily injury" or "property damage":
(a) With respect to which an "insured" under this Supplemental Policy is also an "insured" under a Nuclear Energy Liability Policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an "insured" under any such policy but for its termination upon exhaustion of its limit of liability; or
(b) Resulting from the "hazardous properties" of "nuclear material" and with respect to which:
(i)
Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or
(ii) 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. (2) "Bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if:
(a) The "nuclear material":
(i) Is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured"; or (ii) Has been discharged or dispersed therefrom;
(b) 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 Form SU 00 00 12 19 Page 7 of 18
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(c) 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 (c) applies only to "property damage" to such "nuclear facility" and any property thereat.
(3) As used in this exclusion:
"Property damage" includes all forms of radioactive contamination of property.
B. INVESTIGATION, DEFENSE, SETTLEMENT
1. With respect to "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies (whether or not the "self-insured retention" applies) and for which no coverage is provided under any "underlying insurance" or for which the underlying limits of any "underlying insurance" have been exhausted solely by payments of damages because of "occurrences" during the "policy period"; we:
a. Will have the right and the duty to defend any "suit" against the "insured" seeking "damages" on account thereof, even if such "suit" is groundless, false or fraudulent; but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this Supplemental Policy;
b. May make such investigation and settlement of any claim or "suit" as we deem expedient; c. Will pay:
(1) All expenses incurred by us;
(2) All court costs taxed against the "insured" in any "suit" defended by us. However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the "insured"; and
All interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance;
(4) All 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 insurance, and the cost of bail bonds required of the "insured" because of an "accident" or traffic law violation arising out of the operation of any vehicle to which this Supplemental Policy applies, but we will have no obligation to apply for, furnish, finance, arrange for, guarantee, or collateralize, these bonds, whether the collateralization is characterized as premium or not;
All reasonable expenses incurred by the "insured" at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed $500 per day per "insured"; and the amounts incurred in Paragraph c. above, are not subject to the "self-insured retention" and are payable in addition to any applicable limit of insurance.
We may pay any part or all of the "self insured retention" to pay a judgment or to effect settlement of a claim or "suit", and upon notification of the action taken, the "insured" shall promptly reimburse us for such amounts paid.
2. You agree to arrange for the investigation, defense or settlement of any claim or "suit" in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or "suit" in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share, but subject to the applicable limit of insurance, of any settlement above the "self-insured retention" or "underlying insurance" made with our written consent.
3. We will have the right to associate at our expense with the "insured" or any underlying insurer in the investigation, defense or settlement of any claim or "suit" which in our opinion may require payment hereunder. In no event, however, will we contribute to the cost or expenses incurred by any underlying insurer. (3)
(5)
C. WHO IS AN INSURED
1. If you are designated in the Supplemental Policy Declarations as:
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a. An individual, you and your spouse are "insureds", but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an "insured". Your members, your partners, and their spouses are also "insureds", but only with respect to the conduct of your business. c. A limited liability company, you are an "insured". Your members are also "insureds", but only with respect to the conduct of your business. Your managers are "insureds", but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an "insured". Your "executive officers" and directors are "insureds", but only with respect to their duties as your officers or directors. Your stockholders are also "insureds", but only with respect to their liability as stockholders. e. A trust, you are an "insured". Your trustees are also "insureds", but only with respect to their duties as trustees.
2. Each of the following is also an "insured":
a. Your "volunteer workers" only while performing duties related to the conduct of your business or your "employees" other than your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company),.but only for acts:
(1) Within the scope of their employment by you or while performing duties related to the conduct of your business; and
(2) Only if such "volunteer workers" or "employees" are "insureds" in the "underlying insurance" with limits of liability at least as high as set forth in the Extension Schedule Of Underlying Insurance, subject to all the limitations upon coverage and all other policy terms and conditions of such "underlying insurance" and this Supplemental Policy.
b. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to his or her duties as such. That representative will have all your rights and duties under this insurance.
3. With respect to any "auto", any person or entity that qualifies as an insured under the "underlying insurance" is an "insured" under this Supplemental Policy, subject to all the limitations of such "underlying insurance".
4. With respect to "mobile equipment", any person is an "insured" while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an "insured", but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an "insured" with respect to:
a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an "insured" under this provision.
5. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50'10 of the voting stock, will qualify as an "insured" if there is no other similar insurance available to that organization.
However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the "policy period", whichever is earlier;
b. This insurance does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. This insurance does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
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6. Each person or organization, not included as an "insured" in Paragraphs 1., 2., 3., 4., or 5., who is an insured in the "underlying insurance is an "insured" under this Supplemental Policy subject to all the terms, conditions and limitations of such "underlying insurance.
With respect to any person or organization who is not an insured under "underlying insurance" but qualifies as an "insured" under this Supplemental Policy, coverage under this Supplemental Policy shall apply only to Toss in excess of the amount of the "underlying insurance" or "self-insured retention" applicable to you.
However, coverage afforded by reason of the provisions set forth above applies only to the extent:
a. Of the scope of coverage provided by the applicable "underlying insurance" but in no event shall coverage be broader than the scope of coverage provided by this Supplemental Policy and any endorsements attached hereto; and
b. That such coverage provided by the applicable "underlying insurance" is maintained having limits as set forth in the Extension Schedule Of Underlying Insurance.
7. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Supplemental Policy Declarations.
D. LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Supplemental Policy Declarations and the rules below fix the most we will pay regardless of the number of:
a. "Insureds";
b. Claims made or "suits" brought;
c. Persons or organizations making claims or bringing "suits"; or d. Coverages under which "damages" are covered under this Supplemental Policy.
2. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of "damages", other than "damages":
a. Because of injury or damage included within the "products -completed operations hazard"; b. Because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you; and
c. Because of "bodily injury" or "property damage" arising out of the ownership, operation, maintenance, use, entrustment to others, or "loading or unloading" of any "auto".
3. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for "damages" included within the "products -completed operations hazard".
4. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for "damages" because of "bodily injury" by disease to your "employees" arising out of and in the course of their employment by you.
5. Subject to Paragraphs 2., 3., or 4. above, whichever applies, the Each Occurrence Limit is the most we will pay for "damages" because of all "bodily injury", "property damage", and "personal and advertising injury" arising out of any one "occurrence".
6. If coverage provided to an additional insured under this Supplemental Policy is required by a written contract, written agreement or permit, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract, written agreement or permit, less any amounts payable by any "underlying insurance"; or
b. Available under the applicable Limits of Insurance shown in the Supplemental Policy Declarations, whichever is less.
Such additional insured coverage provided by this Supplemental Policy will not be broader than coverage provided by the "underlying insurance".
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7. Our obligations under this insurance, except for our obligations under the Cancellation and Nonrenewal Conditions, end when the applicable Limit of Insurance available is used up. If we pay any amounts for "damages" in excess of that Limit of Insurance, you agree to reimburse us for such amounts.
8. The limits of this Supplemental Policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the "policy period" shown in the Supplemental Policy Declarations. However, if the "policy period" is extended after issuance for an additional period of Tess than 12 months, the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance.
E. CONDITIONS
1. Premium
All premiums for this Supplemental Policy shall be computed in accordance with the Premium Section of the Supplemental Policy Declarations. The premium stated as such in the Supplemental Policy Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the end of the "policy period", the earned premium may be recomputed for such period, and upon notice thereof to the Named Insured first shown in the Supplemental Policy Declarations, shall become due and payable by such Named Insured. If the total earned premium for the "policy period" is less than the premium previously paid and more than the minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured.
The Named Insured first shown in the Supplemental Policy Declarations shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to us upon our request.
2. Inspection And Audit
We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections, nor the making thereof, nor any report thereon, shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are:
a. Safe;
b. Healthful; or
c. In compliance with any law, rule or regulation.
We may examine and audit your books and records at any time during the "policy period" and extensions thereof and within three years after the final termination of this Supplemental Policy, insofar as they relate to the subject matter of this Supplemental Policy.
3. Duties In The Event Of Occurrence, Claim Or Suit
a. You, or any other "insured" under this Supplemental Policy must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim under this Supplemental Policy. (1) This requirement applies only when such "occurrence" is known to any of the following:
(a) You, or any other "insured" under this Supplemental Policy that is an individual; (b) Any partner, if you or any other "insured" under this Supplemental Policy is a partnership; (c) Any manager, if you or any other "insured" under this Supplemental Policy is a limited liability company;
(d) Any "executive officer or insurance manager, if you or any other "insured" under this Supplemental Policy is a corporation.
(e) Any trustee, if you or any other "insured" under this Supplemental Policy is a trust; or (f) Any elected or appointed official, if you or any other "insured" under this Supplemental Policy is a political subdivision or public entity.
This duty applies separately to you and any other "insured" under this Supplemental Policy. (2) To the extent possible, notice should include:
(a) How, when and where the "occurrence" took place;
(b) The names and addresses of any injured persons and witnesses; and Form SU 00 00 12 19 Page 11 of 18
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(c) The nature and location of any injury or damage arising out of the "occurrence". b. If a claim is made or "suit" is brought against any "insured", you or any other "insured" under this Supplemental Policy must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us in writing as soon as practicable if the claim or "suit" is likely to exceed the amount of the "self- insured retention" or "underlying insurance", whichever applies. c. You or any other "insured" under this Supplemental Policy must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" involving or likely to involve a sum in excess of any "self-insured retention" or "underlying insurance, whichever applies;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request in the enforcement of any right against any person or organization that may be liable to any "insured" because of injury or damage to which this Supplemental Policy or any "underlying insurance" or "self-insured retention" may also apply. d. No "insured" will, except at that "insured's" own cost, make or agree to any settlement for a sum in excess of:
(1) The total limits of "underlying insurance"; or
(2) The "self-insured retention" if no "underlying insurance" applies, without our consent.
e. No "insured" will, except at that "insured's" own cost, make a payment, assume any obligation, or incur any expenses, other than first aid, without our consent.
4. Assistance And Cooperation Of The Insured
The "insured" shall:
a. Cooperate with us and comply with all the terms and conditions of this Supplemental Policy; and b. Cooperate with any of the underlying insurers as required by the terms and conditions of the "underlying insurance" and comply with all the terms and conditions thereof.
The "insured" shall enforce any right of contribution or indemnity against any person or organization who may be liable to the "insured" because of "bodily injury', "property damage" or "personal and advertising injury" with respect to this Supplemental Policy or any "underlying insurance".
5. Legal Action Against Us
No person or organization has a right under this Supplemental Policy:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an "insured"; or b. To sue us on this Supplemental Policy unless all of its terms and those of the "underlying insurance" have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an "insured"; but, we will not be liable for damages that are not payable under the terms of this Supplemental Policy or that are in excess of the applicable Limits of Insurance. An agreed settlement means a settlement and release of liability signed by us, the "insured" and the claimant or the claimant's legal representative.
6. Appeals
a. In the event the "insured", or any insurers providing coverage to which this Supplemental Policy is excess, elects to appeal a judgment in excess of such "underlying insurance", any applicable self-insured retention, and any other valid and collectible insurance, we shall be liable, in addition to the applicable Limit of Insurance, to pay the premium on appeal bonds for that portion of the judgment in excess of the "underlying insurance", self-insured retention, and any other valid and collectible insurance and within the applicable limit of insurance under this Supplemental Policy, but we will have no obligation to apply for, furnish, finance, arrange for, guarantee, or collateralize, those bonds, whether the collateralization is characterized as premium or not.
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However, if we have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable limit of this Supplemental Policy, then we will have no obligation to pay any premium on an appeal bond, and the "insured" or the "insured's" underlying insurers or both will bear:
(1) The full cost and duty of obtaining any appeal bond; and (2) The taxable costs, disbursements and additional interest incidental to such appeal.
If the claim is settled for less than the judgment amount, we shall only be liable for that portion of the settlement that is in excess of any applicable "underlying insurance", self-insured retention, and any other valid and collectible insurance and within the applicable limit of this Supplemental Policy. b. If the "insured", or any insurers providing coverage to which this Supplemental Policy is excess, elect not to appeal a judgment in excess of such "underlying insurance", applicable self-insured retention, and any other valid and collectible insurance, then we shall have the right to pursue such appeal. In that case, if the "insured" or the "insured's" underlying insurers have paid, offered to pay, or deposited in court that part of the judgment that is within the applicable limit of such "underlying insurance", self- insured retention, and any other valid and collectible insurance, then we shall be liable, in addition to the applicable limit of insurance, for:
(1) All expenses incurred by us;
(2) All court costs taxed against the "insured" in connection with such appeal However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the "insured";
(3) All interest on the entire amount of the judgment which accrues after the "insured" or the "insured's" underlying insurers have paid, offered to pay, or deposited in court that part of the judgment which is within the limits of the "underlying insurance" self-insured retention, and any other valid and collectible insurance; and
(4) All premiums on appeal bonds for the amount of the judgment that is within the limits of any self-insured retention. "underlying insurance", and this Supplemental Policy, but we will have no obligation to apply for, furnish, finance, arrange for, guarantee, or collateralize, those bonds, whether the collateralization is characterized as premium or not;
7. Other Insurance
This Supplemental Policy shall apply in excess of all "underlying insurance" whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this Supplemental Policy.
These excess provisions apply, whether such other insurance is stated to be:
a. Primary;
b. Contributing;
c. Excess; or
d. Contingent;
Provided that if such other insurance provides umbrella coverage in excess of "underlying insurance" or a self- insured retention, this Supplemental Policy shall contribute therewith with respect to "damages".
However, in the event that there is such other umbrella coverage available to cover such excess loss on an excess basis, we will pay only our share of the amount of such excess loss payable under this Supplemental Policy.
8. Transfer Of Rights Of Recovery Against Others To Us
a. If the "insured" has rights to recover all or a part of any payment we have made under this Supplemental Policy, those rights are transferred to us. The "insured" must do nothing after a loss to impair them. At our request, the "insured" will bring "suit" or transfer those rights to us and help us enforce them. b. Recoveries shall be applied to reimburse:
(1) First, any interest (including the Named Insured) that paid any amount in excess of our limit of liability; Form SU 00 00 12 19 Page 13 of 18
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(2) Second, us, along with any other insurers with whom we participate in a loss on a quota share basis at the same layer;
(3) Third, such interests (including the Named Insured) of whom this insurance is excess.
However, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests.
c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought.
9. Changes
This Supplemental Policy contains all the agreements between you and us concerning the insurance afforded.
Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this Supplemental Policy, or stop us from asserting any rights under the terms of this Supplemental Policy.
The Named Insured first shown in the Supplemental Policy Declarations is authorized on behalf of all "insureds" to agree with us on changes in the terms of this Supplemental Policy.
If the terms are changed, the changes will be shown in an endorsement issued by us and made a part of this Supplemental Policy.
10. Separation Of Insureds
Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this Supplemental Policy to the Named Insured first shown in the Supplemental Policy Declarations, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each "insured" against whom claim is made or "suit" is brought.
11. Maintenance Of Underlying Insurance
Policies, endorsements, and coverage parts affording in total the coverage and limits stated in the Extension Schedule Of Underlying Insurance shall be maintained in full effect during the currency of this Supplemental Policy. Your failure to comply with the foregoing shall not invalidate this Supplemental Policy, but in the event of such failure, we shall be liable only to the extent that we would have been liable had you complied with this Paragraph 11.
The Named Insured first shown in the Supplemental Policy Declarations shall give us written notice as soon as practicable of any of the following:
a. Any change in the coverage or in the limits of any "underlying insurance, including but not limited to a change from occurrence coverage to claims made coverage;
b. Termination of part or all of one or more of the policies, endorsements, or coverage parts of "underlying insurance";
c. Reduction or exhaustion of an aggregate limit of liability of any "underlying insurance".
The "self-insured retention" shall not apply should the "underlying insurance" be exhausted by the payment of claims or "suits" which are also covered by this Supplemental Policy.
12. Cancellation
a. The Named Insured first shown in the Supplemental Policy Declarations may cancel this Supplemental Policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. b. We may cancel this Supplemental Policy by mailing or delivering to the Named Insured first shown in the Supplemental Policy Declarations at the address shown in the Supplemental Policy Declarations, written notice of cancellation at least:
(1) 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due; or
(2) 30 days before the effective date of cancellation if we cancel for any other reason.
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c. If notice is mailed, proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The "policy period" will end on that date. Delivery of such notice by the Named Insured first shown in the Supplemental Policy Declarations or by us will be equivalent to mailing. d. If the Named Insured first shown in the Supplemental Policy Declarations cancels, the refund may be less than pro rata, but we will retain any minimum premium stated as such in the Supplemental Policy Declarations. If we cancel, the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund.
13. Nonrenewal
a. If we decide not to renew, we will mail or deliver to the Named Insured first shown in the Supplemental Policy Declarations, at the address shown in the Supplemental Policy Declarations, written notice of nonrenewal at least 30 days before the end of the "policy period".
b. If notice is mailed, proof of mailing will be sufficient proof of notice. c. If we offer to renew but such Named Insured does not accept, this Supplemental Policy will not be renewed at the end of the current "policy period".
14. Workers' Compensation Agreement
With respect to "bodily injury" to any officer or other "employee" arising out of and in the course of employment by you, you represent and agree that you have not abrogated and will not abrogate your defenses under any Workers' Compensation Law by rejection of such law or otherwise. If at any time during the "policy period" you abrogate such defenses, the insurance for "bodily injury" to such officer or other "employee" automatically terminates at the same time.
15. Bankruptcy Or Insolvency Of Insured
In the event of the bankruptcy or insolvency of the "insured" or any entity comprising the "insured", we shall not be relieved of any of our obligations under this Supplemental Policy.
16. Representations Or Fraud
By accepting this Supplemental Policy, you agree:
a. The statements in the Supplemental Policy Declarations are accurate and complete; b. The statements in the Extension Schedule Of Underlying Insurance are accurate and complete; c. The statements in a. and b. are based upon representations you made to us; d. We have issued this Supplemental Policy in reliance upon your representations; and e. This Supplemental Policy is void in any case of fraud by you as it relates to this Supplemental Policy or any claim under this Supplemental Policy.
F. DEFINITIONS
Except as otherwise provided in this Section or amended by endorsement, the words or phrases that appear in quotation marks within this Supplemental Policy shall follow the definitions of the applicable "underlying insurance".
1. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
3. "Covered pollution cost or expense":
a. Means any cost or expense arising out of:
(1) Any request, demand or order; or
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(2) Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants".
b. Does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(1) That are, or that are contained in any property that is:
(a) Being transported or towed by, handled, or handled for movement into, onto or from, any "auto"; (b) Otherwise in the course of transit by or on behalf of the "insured"; or (c) Being stored, disposed of, treated or processed in or upon any "auto"; or (2) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto any "auto"; or (3) After the "pollutants" or any property in which the "pollutants" are contained are moved from any "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". c. Paragraph (1)(a) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto", covered by the "underlying insurance" or its parts, if:
(1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs f.(2) or f.(3) of the definition of "mobile equipment". d. Paragraphs b.(1)(b) and b.(1)(c) above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon an "auto" covered by the "underlying insurance" if:
(1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage.
4. "Damages" means a monetary award, monetary settlement or monetary judgment. "Damages" include prejudgment interest awarded against the "insured" on that part of the judgment we pay. a. The following are not considered "damages" and are not covered by this Supplemental Policy:
(1) Fines, penalties, sanctions or taxes;
(2) Attorney's fees and costs associated with any non -monetary relief awarded against the "insured"; or (3) Any monetary award, monetary settlement or monetary judgment for which insurance is prohibited by the law(s) applicable to the construction of this Supplemental Policy.
5. "Hazardous properties" include radioactive, toxic or explosive properties.
6. "Insured" means any person or organization qualifying as an "insured" in the applicable Who Is An Insured provision of this Supplemental Policy, including any additional insured added by endorsement. The insurance afforded applies separately to each "insured" against whom claim is made or "suit" is brought, except with respect to the limit of our liability under Section D. LIMITS OF INSURANCE.
7. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or Form SU 00 00 12 19 Page 16of18
© 2019, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE silt
HARTFORD
(2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos".
8. "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 material 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; or 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.
9. "Nuclear material" means source material, special nuclear material or by-product material.
Source material, special nuclear material and by-product material have the meanings given to them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
10. "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.
11. "Occurrence" means:
a. With respect to "bodily injury" or "property damage", an "accident", including continuous or repeated exposure to substantially the same general harmful conditions; and b. With respect to "personal and advertising injury", an offense described in the definition of "personal and advertising injury" in the "underlying insurance".
Form SU 00 00 12 19 Page 17of18
© 2019, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
THE
HARTFORD
12. "Policy period" as used in this Supplemental Policy means the period beginning with the effective date stated as such in the Supplemental Policy Declarations and ending with the earlier of:
a. The date of cancellation of this Supplemental Policy; or b. The expiration date stated as such in the Supplemental Policy Declarations.
13. "Pollution hazard" means an actual exposure or threat of exposure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous or thermal:
a. Pollutants;
b. Contaminants;
c. Irritants; or
d. Toxic substances;
including smoke, vapors, soot, fumes, acids, alkalis, chemicals, or waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled, reconditioned, or reclaimed.
14. "Self-insured retention" means the amount stated as such in the Supplemental Policy Declarations which is retained and payable by the "insured" with respect to each "occurrence".
15. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor".
16. "Underlying insurance" means the insurance policies, coverage parts, and endorsements listed in the Extension Schedule Of Underlying Insurance, including any renewals or replacements thereof, which provide the underlying coverages and limits stated in the Schedule Of Underlying Insurance.
The limits of "underlying insurance" include:
(1) Any applicable deductible amount;
(2) Any participation of any "insured"; and
(3) Any applicable self-insured retention;
Less the amount, if any, by which the aggregate limit of such insurance has been reduced by any payment relating to any act, error, omission, injury, damage or offense for which insurance is provided by this Supplemental Policy. The coverages and limits of such policies, coverage parts, and endorsements and any such deductible amount, participation or "self-insured retention" shall be deemed to be applicable regardless of:
(1) Any defense which any underlying insurer may assert because of the "insured's" failure to comply with any condition of its policy, coverage part, or endorsement; or (2) The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured".
The risk of insolvency or financial impairment of any underlying insurer or any "insured" is borne by you and not by us.
17. "Waste" means any waste material:
a. Containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility".
Form SU 00 00 12 19 Page 18of18
© 2019, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DAVID RADOMSKI, SERGEANT
DATE: JANUARY 10, 2023
AGENDA REPORT
SUBJECT: CONSOLIDATION AND EXTENSION OF EXISTING REMOTE SURVEILLANCE
CAMERA SYSTEM WITH ADDITIONAL EQUIPMENT PURCHASE
FISCAL
IMPACT: EXPENSE: $ 28,979 TOTAL MAXIMUM PURCHASE PRICE (101523-6840) $ 68,340 RECURRING HOSTING AND MONITORING ( PER YEAR)
$ 23,400 CONTINGENCY/MAINTENANCE FUND (101523-6840)
BUDGETED: $120,719 (101523-6290)
SUMMARY:
Since 2017 multiple city departments (Police, Fire & Life Safety, Public Works, and Community Services) have purchased remote viewing capable surveillance cameras to protect City assets and reduce criminal behavior at various locations throughout the City. These cameras have been purchased using each department's discretionary funds and maintained at a per -site basis. While these systems have become vital in keeping our City infrastructure and community safe, the funding amounts and locations of the cameras has become increasingly difficult to manage and has created unnecessary billing and/or procurement obstacles.
As such, City management has requested Staff to consolidate all camera procurement and management under one Department and extend our existing agreement with Perimeter Protection and Surveillance Systems (PPSS) for a period of three (3) years beginning on 01/01/2023.
Additionally, two additional sites need a new remote surveillance system equipment:
1. Old City Hall — Fire and Life Safety Headquarters (New Equipment)
2. Old Town Santa Fe Area (Replace end -of -life equipment)
3. Pedestrian Bridge (Replace end -of -life equipment)
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the contract amendments authorizing increase in the total amount of $205,020 for the three (3) year term; and
1 ■es
Jan 10, 2023
City Council Agenda
January 10, 2023
2. Authorize the City Administrator to purchase new one-time equipment in the total amount of $28,979; and
3. Authorize a 10% contingency for all necessary upgrades, repairs, and change orders, not to exceed $23,400; and
4. Authorize the City Administrator or their designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action, however it is related to Goal 5, Objective 5.6: Security improvements at all public facilities.
DISCUSSION:
Since 2017, the City has acquired approximately 40 remote cameras to protect City -owned infrastructure and buildings. Perimeter Protection and Surveillance Systems (PPSS) was chosen by Staff then and is still the only local provider of Check -Video products and the manufacturer authorized distributor for the equipment that is currently in use. These systems are currently in good working order and will require $117,000 in hosting and monitoring for continuing a new three (3) year term.
With the recent remodel of Old City Hall and the impending occupancy by Fire and Life Safety staff, there is a need to add additional cameras to the existing PPSS system located at Fire and Life Safety Department Station 1. The additional six (6) cameras will cover the perimeter of the remodeled office building to ensure increased building and employee safety. Monitoring will also be established for off -hours for unauthorized access/entry to the property. This system will require $26,820 in hosting and monitoring for the 3 -year term and a one-time equipment purchase of $7,494.
Legacy video surveillance systems used in the Old Town Santa Fe area and Pedestrian Bridge have also reached their end -of -life and need to be replaced. Coverage will include both the North and South tower, upper bridge walkway, stairwell landings, and both interior elevators (10 cameras total). Additionally, the outside Santa Fe dining area and surrounding egress areas will also be covered (5 cameras total). This system will require $61,200 in hosting and monitoring for the 3 -year term and a one-time equipment purchase of $13,290.
Finally, adding a 10% contingency will allow Staff to adapt to immediate needs of each department, while maintaining the system in good working order. This fund will cover repairs, upgrades, and temporary changes in monitoring level if the need arises.
City Council Agenda
January 10, 2023
FISCAL IMPACT:
It is anticipated that the amount needed to purchase the systems will not exceed the amount budgeted; these funds are included in the 101523-6840 for equipment purchases and 101523- 6290 for ongoing monitoring.
Prepared by:
David Radomski
Police Sergeant
Reviewed and approved:
Jennifer,'Larrmpman
Director of Finance
Reviewed and approved:
Rosahna Ramirez
Deputy City Administ
Reviewed and approved:
City Administrator
Attachments:
1. City of Placentia - City Shield - Old City Hall Camera Proposal
2. City of Placentia - City Shield - Pedestrian Bridge Proposal
3. 2023 Perimeter Protection and Surveillance Systems Contract
4. City of Placentia - COP - 1-1-23 Contract Addendum Existing Services
5. City of Placentia - COP - 1-1-23 Contract Addendum #1 - Old City Hall
6. City of Placentia - COP - 1-1-23 Contract Addendum #2 — Bridge
7. City of Placentia - COP - 1-1-23 Contract Addendum #3 - 100 Santa Fe Ave
Pro'p r&tci r - s h re ol. before ot s c c rc't vg
City of Placentia
Old City Hall Location
Proposal for Monitored Video System
09/ 12/2022
Kenny Binnings, Perimeter Protection and Surveillance Systems, Inc 7-14-26,5-3 67,_
P R(M C S C i<PROTFCT(D N COM
LICENSES:95O -5
OLA C(Ty I -FALL LOCATION
(o exTeRNAI- CAMeT2,i45, 5,472E MONITOReA
Recov tmewdatiow:
- Based ow waLl2-thrix ow9/22/22
- 4 wt,owitored cameras iw frowt
- 1: overLoolkiwg frovk gates awd cotxrtuard
- 2: overLool21-1A,g wal,12wau awd exterior doors
- 3: overLoolFiv.,g wa L12wa u awd exterior doors
- 4: overLool2iwg sou.thside of bu.iLdiwg
- 2 cameras iw bac12, 1 vu.owitored
- 5: overLool2iwg rear storage/parl2iwg area
- &: rear aLLej - wot mowitoreoi. 24,K record
Proposal,:
- 6 cameras owe Tuve Charges (OTC)
45,094 - ors9.49/cavu,era, prograv t/cowfigu.red
41,800 - Labor/iwstal,(,atiow/cowdu.it
47,4,34 Total, owe Tiv t,e Charges
- & cawteras MowthLj Recvrr-v g Charges (MRC)
- MA waged hostiwg @ 470/camera/mo
- 4420/wt.o for 6 cameras
- Mowitoriwg @ 405/camera/wt,o
- 4325/mo for 5 00K/terns
2 Monitoring
ma waged H-ostiwg iwcludes:
- Flat priciwg for predictable budgetiwg, eli144,1,1A,ates service charges. twcludes:
- camera licewse fee
- Siwgle Placewtia-Shield Portal across all cameras
- Access for remote live viewiwg across All cameras
- Smart Phowe Live viewiwg across all cameras
- voice-1oww usage where applicable
- Perivu,eter data -pull requests made bu the citta awd/or Pt - tz.eco w f ig uratio w of reg io ws of t wterest
- Software updates
- Dispatches -for service
- 24x7- revv,ote camera mawagemewt support
- sev4 AwwvAL to awwuaL reportiwg
40.5/mo/camera - Remote ward mowitoriwg - Cewtral Statiow - briwgs pro -active awarewess awd ewgagemewt duriwg evewt - use iw areas to ascertaiw threats frown, wow -threats awd cowtact dispatch accordiwglj.
Camera Detail
�+igh �efiwitiow ecu4Leras
g 4M - edge R.ecordiwg holds 4 to 6 weel.s of data
video clips bacl2ed up to cloud for a pre-defi-wed a 'touwt of dais wile 24xy- recordiwg saved at the edge. • superior bight absorptiow at Wight provides better Wight resolutiow ps IR of 100 feet
• vt,deo AwaLljiti,c s reaches 300 ft t(persow), 500 ft (vehicle) to trigger video clips (u.ses: movemeva iw ROI, wrowg wau, tra f fi,c cow/a, fixe cou.wt)
video clips sev t to multiple ew.ails or texts
Warrawtu
D 2 jr mawu. factvrer warrawt j, Perimeter Protectiow extewds for lifetime of cowtract duratiow (w/ waged H-ostiwg) optio wa l:
i voice recordiwg cameras
• voice/doww to Locatiow to provide verbal col/Kt/Kai/Lots • cewtral statiow vitowitoriwg - mowitor iwcomi-wg video clips, live feed iwto the cameras awd cowtact Pr for dispatch. c f fective iw parks, critical iw frastru.ctu.re, ac u.wits/copper targets awd iwside premise (port- forwardiwg required) viewiwg - From &v iwterwet-cowwected computer or svwart phowe. viewiwg rights:
- each user caw be givew permi-ssiow to view all cameras or a sub-segvtaewt of cameras (ex: parks/rec caw view their pa rl . ca meras but vot view traf fi,c iwtersectiow camera, while PD caw view all ca vu,eras) .
O Networ12 rectuiremewts - iwterwet access
Perimeter
PROTECTION AND SURVEILLANCE SYSTEMS
Managed Video Solutions
for
City, Community, Campus,
Construction, Critical
Infrastructure
A SOUTHERN CA -BASED CORPORATION
WOMAN MINORITY OWNED
116 W. SANTA FE AVE - PLACENTIA, CA
ENTERED SECURITY IN 1986
INCORPORATED IN 2009
CA CONTRACTOR STATE LICENSE BOARD: 999578
LICENSED, INSURED AND BONDED
36 years of video solution experience:
Checkvideo, Avigilon, Video IQ, Verkada,
LPRs: GeoVision, Bosch, Vivotek, Hikvision
I st Camera installed for City of Placentia - 2017
Moved office to Placentia in 2020
Community Involvement:
Placentia Heritage Festival, El Dorado Fallen Heroes,
Honor Convoy, Placentia Jazz/Art/Crawfish Boil,
First Responder Breakfast
Board: Chamber of Commerce, Boy Scouts of America, CRPA
PLACENTIA
A'' A\RT
FESTIVAL
LOUISIANA
CRAWFISH BOIL
UNDAY, MAY 15, 2022
I0.00a11 - 8.Oopm
Champions Sports Complex, 505 Jefferson, Placentia
General Admission'
Adults: 830 presale / $40 after. 5/8
Children:10 -17 515
Children under 10 are free
VIP Crawfish Experience
5600 for 10 people after 5/8 - 5750
w till esu c ty
ag...YSH'ra lLe uai dI:.Y.Yi.:ui:
Tufree MS, Jazz I
Kraemer M5, Jazz I
Vorba Linda MS, Jazz I
EI Dorado HS, Jazz I
Valencia HS, Jazz I
Zack Caplinger Group
EdCode Quintet
The Nile's Band Project
featuring Joe DeRenzo and friends
RAD Jazz Big Band
.. .. en edam m
or call me Placentia am.ero ommersea l 1 )s :.tel or more details.
Pro'p r&tci r - s h re ol. before ot s c c rc't vg
City of Placentia
Proposal for
2 projects in Old Town Placentia:
Pedestrian Bridge and 100 - 200 Block of Santa Fe Ave
11i r.111 .1 �el 1!t f:j ..
ltf tl t� iif.F 1 y[
0/5/2022
Kenny Binnings
Perimeter Protection and Surveillance Systems, Inc
7-14-26,5-3 67,_
P R(M C S C i<PROTFCT(D N COM
LICE NS ES:95O -5
Pedestrian Bridge Location
Proposal for Monitored Video System
10/5/2022
PeD.es 1 RJA N gR11 4 e LOCATION
10 MON1TOReD CAMeRAS
Recowt.mewdatiow: 10 cameras, 3 w/ voice doww
- Based ow waL12,-thru. ow9/22/22
North , South Tower + Bridge
- cameras, owe per Level per tower.
- 2 cameras repLaced at ex,stiwg Locatiows
- 4 ca Meras at wew Locatiows, rectu.ire wew
wiriwg, cowduit
- 2 voice - doww (2 towers)
- 2 cavu,
eras, owe IAA, each eLevator, vawdaL resistawt
- 2 GC! v teras, replace existiwg cameras, 1 w with VI
Proposal,:
- Owe Tivwe Charges (OTC)
4 - or.5_94j/camera, prograwt,/cow-Rottre
4 7-50 - 2 vawdal resistawt wt.ou.wts - eLevatov
4 450 - 3 voice doww sped 12ers
4 2,500 - Labor/iwstallatiow/cowdu.it
413,290 Total, Owe Tivwe Charges
Iniln I ny.�.n.n
ruurrxwrr% Aar. `s -
isttivamultiuRIV111111x1i�i�j Rim
00 2 GOCQ Ie
- Mowthl, Recurriwg Charges (MRC)
- 47-00/mo for wt,g wt t h ostiwg @ 4y-0/mo/cam
- 4050/mo for wt.owitoriwg @ 465/v o/cawt,(up
to 100 evewts/cawt,era/vu.owth)
Cit j of PLacewtia to provide:
- power for cameras
twterwet access for cameras
- Bucket tru.cl2 for iwstalLatiow support
3 100-200 BIocI< of Santa Fe Ave
Proposal for Managed Hosting Video System
4 ' f 4
SANTA Fe Ave "LOCKS 100 - 200
L.,_11 -I -T POST CAMFRAS AN1 NeTWOR.K eXTeNStON
R.ecov tvwewdatiow:
- 3 cameras mou wted ow light post at grad ford/sawta Fe Ave - 2 cavu,eras v►.c,ou.wted ow light post alowg 200 blocl2 of SF Ave - Networi2 devices to cowwect to Cit J provided 1,1Aterwet at Tower. - Poe switches iwstal,l,ed at each poLe for -4- devices vu,iwivwu.im, - weather resistawt exterior ertu.ipmewt boxes to hold switches - ALL poLe wc,ovwt
Cit j of Placewtia to provide:
- 110 v power at light post mast for camera hardware
- Access to iwterwet.
- gu.cl2,et tru.c12 support for iwstallatiow.
Proposal for 5 camera + 1A-etworl2:
owe Time charges (OTC)
44,74-5- or. -49/caKite ra, prograwc,/cowfii,gused
4 350 - Poe switches at both posts
4 500 - Weather resistawt box u.wits for both posts
4 y50 - 2 poi -wt to poi -wt wetwor12 devices (-4- u.wits total) .1,250 - la bor/iwstallatiow/cowdu,it
4,1_95. Total owe Time Charges
- Mowthlu R,ecvrriwg Charges (MR.C)
- 4350/vu,o Ma waged hostiwg @ 47-0/camera/mo
- No vikowitoriwg ov'. these cameras
a
Appendix
ietai l,s:
- Ca teras
- Mawaged h-osti,wg
- Mowitor%wg
- About vs
6. Camera Details
High refi-vitiov eawc,eras
g 4M - edge R.ecordivg holds 4 to 6 weel.s of data
I' video clips bacl2ed up to cloud for a pre-defi-wed avu,ouvt of dais wile 24xy- recording saved at the edge.
C" superior bight absorptiow at night provides better Wight resolution g irzof 100 feet
IA vt,deo Aval jti,c s reaches 300 ft t (person), 500 ft (vehicle) to trigger video clips (u.ses: movemevt iv R.OI, wrowg wau, tra f fi,c cow/a, live cou.wt)
r video clips sevt to multiple ew.ails or texts
Warravtu
r 2 jr mawu. factvrer warrawt j, Perimeter Protectiow extewds for lifetime of contract duration (w/ MOwaged H-ostivg) optio va l:
I' voice recordiwg cameras
I' voice/down to location to provide verbal col/Kt/Kai/Lots Cj" Central station vitovitorivg - monitor ivcomivg video clips, live feed into the cameras awd contact Pr for dispatch. c f fective iw parks, critical iw frastru.ctu.re, ac u.wits/copper targets awd iwside premise (port- forwardiwg required) erviewivg - From avL ivtervet-convected computer or svwart phowe.
Er viewing rights:
0 - each user caw be given permissiov to view all cameras or a sub-segvtaevt of cameras (ex: parks/rec caw view their pa rl2 on meras but vot view traf fi,c iwtersectiow camera, while PD caw view all ca vu,eras) .
F Networ12 rectuiremevts - iwterwet access
Manapciell Hosting - Monitoring - Voice Down
Details
Mawaged H-ostiwg iwcludes:
- Flat priciK,g for predictable budgetiwg, eliwt,iwates service charges. twcludes:
- Camera licewse fee
- Siwgle Placewtia-Shield Portal across all cameras
- Access for remote live viewi,K,g across all cameras
- Swt,art Phowe Live viewiwg across all cameras
- voice-1oww usage where applicable
- Perim-eter data -pull requests made bu the citta awd/or Pt - R.eco w f ig uratio w of Reg io ws of t wterest
- Software updates
- Dispatches for service
- 24x7- revv ote camera mawagewt.ewt support
- sev4 Awwua L to a !MAMA L reportiwg
Remote ward wt.owitoriwg - Cewtral Statiow
- briwgs pro -active awarewess awd ewgagemewt duriwg evewt - use iw areas to ascertaiw threats from. wow -threats awd cowtact dispatch accordiwglj. voice Ioww via Cewtral Statiow
- Cewtral statiow caw voice cow to the camera locatiow, example: as12iwg loiters to disperse.. - off'cers caw also voice oloww to the locatiow.
Perimeter
PROTECTION AND SURVEILLANCE SYSTEMS
Managed Video Solutions
for
City, Community, Campus,
Construction, Critical
Infrastructure
A SOUTHERN CA -BASED CORPORATION
WOMAN MINORITY OWNED
116 W. SANTA FE AVE - PLACENTIA, CA
ENTERED SECURITY IN 1986
INCORPORATED IN 2009
CA CONTRACTOR STATE LICENSE BOARD: 999578
LICENSED, INSURED AND BONDED
36 years of video solution experience:
Checkvideo, Avigilon, Video IQ, Verkada,
LPRs: GeoVision, Bosch, Vivotek, Hikvision
I st Camera installed for City of Placentia - 2017
Moved office to Placentia in 2020
9 Community Involvement:
Placentia Heritage Festival, El Dorado Fallen Heroes,
Honor Convoy, Placentia Jazz/Art/Crawfish Boil,
First Responder Breakfast
Board: Chamber of Commerce, Boy Scouts of America, CRPA
PLACENTIA
A'' A\RT
FESTIVAL
LOUISIANA
CRAWFISH BOIL
UNDAY, MAY 15, 2022
I0.00am - 8.Oopm
Champions Spores Complex, 505 Jefferson, Placentia
General Admission'
Crawfish sened (nom 3'0.-30 Pre-purrhase ,ecumed no later Adults: 830 presale / 540 after 5/8
Children: 10-17515
Children under 10 are free
VIP Crawfish Experience
5600 for 10 people after 5/8 - $7S0
w Pill of u C rySpan
ag...YSH'ra lLe ua: dl:.Y aJ:AN
gruatq r..fC,a elCrSdie
/SAAJLl na
Cr " —fah
Tufree MS, Jazz I
Kraemer M5, Jazz I
Vorba Linda MS, Jazz I
EI Dorado HS, Jazz I
Valencia HS, Jazz I
Zack Caplinger Group
EdCode Quintet
The Nile's Band Project
featuring Joe Caen, and friends
RAD Jazz Big Band
6erro
en acham m
""" ' or eau me Placentia am.ero ommemea ( t)s :.te7 or more details.
All -In -One Commercial Agreement
Kenneth Kirschenbaum, Esq., Tel. No. (516) 747-6700
KIRSCHENBAUM CONTRACTS®Copyright 3/17
Licensed by the Contractors State License Board, Dept. of Consumer Affairs ServiCeS 9821 Business Park Drive, Sacramento, CA 95827, License # 999578 PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC.
116 W. Santa Fe Ave, Suite B
Placentia, California 92870
(657) 444 -SAFE (7233)
STANDARD SECURITY AGREEMENT — SALES AND SERVICES
City of Placentia
Date: 10-31-_2022
Subscriber's Name: City of Placentia (hereinafter referred to as "Subscriber") Address: 401 E. Chapman Ave, Placentia, CA 92870
1A. Existing Cameras: PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC. (hereinafter referred to as "PERIMETER" or "ALARM COMPANY") agrees to provide services to existing PERIMETER -installed cameras and Subscriber agrees to pay for services from PERIMETER described in the attached Schedule of Equipment and Services 01-01-23 and any addendums thereto, incorporated herein by this reference. Subscriber and PERIMETER herein are collectively referred to as "Parties."
Monthly Recurring:
Managed Hosting: $70 per month per camera.
Central Station Remote Monitoring: $65 per month per camera for select cameras 0-100 clips/month/camera Optional Pricing: $100/mo/camera up to 250 clips/month/camera with $1/clip for each clip over 250 clips/camera in a given month.
Voice Down Services: $25/mo/speaker
1B. New Security Equipment: PERIMETER agrees to sell and install new security equipment with specific services, and Subscriber agrees to pay for new security equipment with specific services from PERIMETER described in the attached Schedule of Equipment and Services and any Addendums hereto which may be executed by the Parties (example: Schedule of Equipment and Services Addendum 3-5-22). Each Addendum Schedule of Equipment and Services will derive from proposals accepted by the City of Placentia during the timeframe of this specific contract term and the contract terms within will apply to those awarded proposals.
2. DESCRIPTION OF EQUIPMENT AND SERVICES:
PERIMETER will provide specific services tailored to City of Placentia. Cameras may have one or multiple of these services with associated charges:
Managed Hosting with Remote Subscriber Access
Central Station Monitoring
Inside Cameras: Managed hosting with Central Station Monitoring Voice -Down Services
Service
3. SERVICES AND CHARGES. All recurring charges are billed quarterly. The attached Schedule of Equipment and Services 12-1-2022, and future Schedule of Attachment Addendums which may be executed by the Parties, define the services each camera or security device is providing and that are or will be included under the terms of this Agreement that result in one-time equipment/labor charges and./or recurring Subscriber charges. (a) MANAGED HOSTING WITH REMOTE SUBSCRIBER ACCESS: Subscriber agrees to pay PERIMETER the sum of $70/mo/camera billed quarterly at the beginning of each 3 -month period for the term of this agreement (example: City of Placentia will be billed $210/qtr/camera the month prior to the 3 months of managed hosting service provided). Services provided under Managed Hosting:
Internet Hosting
Remote Access by Subscriber
Data Storage for two weeks
Software configurable changes per customer request
Data research for video evidence to support official Police Department investigation (5 hour max per case/incident) Extended manufacturer warranty for cameras
City of Placentia, 2023- Sales & Service Contract Initial:
(b) CENTRAL STATION MONITORING CHARGES: Subscriber agrees to pay PERIMETER the sum of either $65/mo/camera or $100/mo/camera based on the usage tiers in 1A, billed quarterly at the beginning of each 3 -month period for the term of this agreement (example: City of Placentia will be billed $195/qtr/camera for a $65/mo/camera/100 clip tier or $300/qtr/camera for a $100/mo/camera/250 clip tier).Services provided under Central Station Monitoring:
Video clips monitored by central station upon receipt of video clip Central station protocol engagement as defined by City of Placentia. (c) INSIDE CAMERAS: MANAGED HOSTING WITH CENTRAL STATION MONITORING: Subscriber agrees to pay PERIMETER the sum of $70/mo/camera billed quarterly at the beginning of each 3 -month period for the term of this agreement (example: City of Placentia will be billed $210/qtr/camera the month prior to the 3 months of managed hosting service provided). Services provided under Inside Cameras: Managed Hosting with Central Station Monitoring:
Internet Hosting
Remote Access by Subscriber
Data Storage for two weeks
Software configurable changes per customer request
Data research for video evidence to support official Police Department investigation (2 hour max per case/incident) Video clips monitored by central station upon receipt of video clip (after hours environment) Audio recorded where applicable and camera capable
Central station protocol engagement as defined by City of Placentia. (d) VOICE -DOWN SERVICE: Subscriber agrees to pay PERIMETER the sum of $25/mo/speaker billed quarterly at the beginning of each 3 -month period for the term of this agreement (example: City of Placentia will be billed $75/qtr/speaker the month prior to the 3 months of voice -down service provided). Services provided under Voice -Down Service:
Voice -Down to location to announce City of Placentia defined commands (e) SERVICE: Subscriber agrees to pay PERIMETER $110 no lift truck, $240 with lift truck per service call in which Subscriber agrees to pay PERIMETER for all parts and labor at an hourly rate of $75/man-hour. Subscriber is not obligated to call PERIMETER for service calls and PERIMETER is under no duty to provide service calls unless Subscriber elects to exercise this option by initialing this paragraph. Subscriber's election to exercise this service option shall not relieve PERIMETER of its obligation to provide warranty service during warranty period. Service by anyone other than PERIMETER during warranty period relieves PERIMETER of any further obligations under the Limited Warranty. Initial here for per call service option
4. TERM OF AGREEMENT: RENEWAL: The term of this agreement shall commence on 01/01/2023 and continue for a period of three years. This Agreement may be extended by two (2) additional one (1) year periods upon mutual written agreement of both parties.
5. CENTRAL STATION MONITORING AND/OR VOICE -DOWN SERVICES: Upon receipt of a signal from Subscriber's alarm system, PERIMETER or its designee central station shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department depending upon the type of signal received. Not all signals will require notification to the authorities and subscriber may obtain a written response policy from PERIMETER. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of PERIMETER or PERIMETER's designee central station and PERIMETER does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of PERIMETER and are not maintained by PERIMETER except PERIMETER may own the radio network, and PERIMETER shall not be responsible for any failure which prevents transmission signals from reaching the central station monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber's computers if connected to the alarm communication equipment. Subscriber agrees to furnish PERIMETER with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List PERIMETER will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than three calls to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with PERIMETER's notification obligation. All changes and revisions shall be supplied to PERIMETER in writing. Subscriber authorizes PERIMETER to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central station to monitor video or sound then upon receipt of an alarm signal central station shall monitor video or sound for so long as central station in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests PERIMETER to remotely activate or deactivate the system, change combinations, openings or closings, or re -program system functions, Subscriber shall pay PERIMETER $90.00 for each such service. This fee is waived for cameras that have Managed Hosting. Central station is authorized to record and maintain audio and video transmissions, data and communications. All Subscriber information and data shall be maintained confidentially by PERIMETER and shared with Subscriber.
6. SERVICE: Service pursuant to paragraph 3(e), includes all parts and labor, and PERIMETER shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer's useful life will be repaired or replaced at Subscriber's City of Placentia, 2023- Sales & Service Contract Initial:
expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without PERIMETER's written consent.
7. SUBSCRIBER REMOTE ACCESS: If Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by PERIMETER, the equipment will transmit data via Subscriber's high-speed Internet, cellular or radio communication service from cameras supplied by PERIMETER. PERIMETER will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by PERIMETER or a third party. PERIMETER shall install the camera(s) in a permissible legal location in Subscriber's premises to permit Subscriber viewing. PERIMETER shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and PERIMETER shall have no liability for access to the alarm system by others.
8. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high speed Internet access and or wireless services at Subscriber's premises. PERIMETER does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its recurring payments for remote access to the system PERIMETER will authorize Subscriber access. PERIMETER is not responsible for Subscriber's access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and PERIMETER shall have no liability for such third party unauthorized access. PERIMETER is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. PERIMETER is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to subscriber's system will be at subscriber's expense.
9. HOSTING / MANAGED HOSTING / CENTRAL STATION MONITORING / VOICE DOWN / EXCESSIVE DATA USAGE: If selected as a service to be provided and included in the Schedule of Equipment, upon receipt of a video signal the video system is designed to activate in the central station and record video data reception, upon which, PERIMETER or its designee central station, shall make every reasonable effort to notify Subscriber by email, text, or voice message and the appropriate municipal police or fire department. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments or Subscriber's internal security stations are not monitored by personnel of PERIMETER or PERIMETER's designee central station and PERIMETER does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted through the Internet, over telephone lines, wire, air waves, cellular, radio, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of PERIMETER and are not maintained by PERIMETER, except PERIMETER may own the radio network, and PERIMETER shall not be responsible for any failure which prevents transmission signals from reaching the central station monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber's computers if connected to the alarm communication equipment. Subscriber agrees to furnish PERIMETER with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of signals. All changes and revisions shall be supplied to PERIMETER in writing. Subscriber should be notified and provide authorization for PERIMETER to access the supervisory panel to input or delete data and programming. If Subscriber requests PERIMETER to remotely activate or deactivate the system, change combinations, openings or closings, or re -program system functions. Subscriber shall pay PERIMETER $90.00 for each such service. This fee is waived for cameras that have Managed Hosting. Central station is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. PERIMETER shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein. All Subscriber information and data shall be maintained confidentially by PERIMETER.
LIMITED WARRANTY ON SALE
10. In the event that any part of the security system becomes defective, or in the event that any repairs are required, PERIMETER agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. After 90 days and through the 12th month from the date of installation, PERIMETER extends the manufacturer's warranty. During this period, the Subscriber agrees to pay labor and service costs. Unless the cameras have Managed Hosting Service, after 12 months from the date of installation, the Subscriber will pay for all parts, labor and service costs. For cameras with Managed Hosting Service, PERIMETER extends the camera's manufacturer's warranty. PERIMETER reserves the option to either replace or repair the alarm equipment and reserves the right to substitute materials of equal quality at time of replacement in fulfillment of this warranty. This warranty does not include customer provided cable, batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer's useful life. PERIMETER is not the manufacturer of the equipment and other than PERIMETER's limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, PERIMETER makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. PERIMETER does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. PERIMETER expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose.
The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than PERIMETER. PERIMETER shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by PERIMETER shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on PERIMETER's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that PERIMETER has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for PERIMETER's breach of this agreement or negligence to any degree under this agreement is to require PERIMETER to repair or replace, at PERIMETER's option, any equipment which is non -operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 3(e) of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state.
If required by law, PERIMETER will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
City of Placentia, 2023- Sales & Service Contract Initial:
GENERAL PROVISIONS
11. EXCUSABLE DELAYS IN INSTALLATION / RISK OF LOSS OF MATERIAL: Neither party shall be responsible or liable for any delays, damage, loss or lack of performance resulting from acts beyond the reasonable control of either party or parties. Such acts shall include, but not limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.
12. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify PERIMETER if it is in need of repair. Service, if provided, is pursuant to paragraph 3e.
13. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer's useful life, are not included in warranty will be repaired or replaced at Subscriber's expense. No apparatus or device shall be attached to or connect with the security system as originally installed without PERIMETER's written consent.
14. ALTERATION OF PREMISES FOR INSTALLATION: PERIMETER shall not make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in PERIMETER's discretion for the installation and service of the security system without prior written consent from the Subscriber.
PERIMETER shall immediately notify Subscriber if any damage or other alteration occurs to Subscriber property for any reason and through any cause.
15. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, Internet connection, high speed broadband cable or DSL and IP Address, telephone hook- ups, RJ31x Block or equivalent, as deemed necessary by PERIMETER.
16. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless PERIMETER, its stationers, employees, agents and subcontractors, from and against all claims, lawsuits_brought by third -parties, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by Subscriber's performance, negligence or failure to perform any obligation under this Agreement. PERIMETER agrees to indemnify and hold harmless Subscriber, its employees, agents, officers and subcontractors, from and against all claims, lawsuits brought by third -parties, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by PERIMETER's performance, negligence or failure to perform any obligation under this Agreement. Parties agree that there are no third -party beneficiaries of this agreement. Subscriber shall not be permitted to assign this agreement without written consent of PERIMETER. PERIMETER shall have the right to assign this agreement and shall be relieved of any obligations herein upon such assignment.
17. EXCULPATORY CLAUSE: PERIMETER and Subscriber agree that PERIMETER is not an insurer and no insurance coverage is offered herein. The security equipment and PERIMETER's services are designed to reduce certain risks of loss, though PERIMETER does not guarantee that no loss will occur. PERIMETER is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of intrusion, burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by PERIMETER's negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber's insurer to recover damages.
18. INSURANCE: PERIMETER shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber's insurer to recover damages. Subscriber and all those claiming rights under Subscriber waive all rights against PERIMETER and its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire, violence or other perils intended to be detected by the security services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.
19. [Reserved]
20. LEGAL ACTION: The prevailing party in any litigation or arbitration between the Parties, shall be entitled to the payment of reasonable legal fees. The parties agree that they may bring claims against the other only in their individual capacity, and not as a class action plaintiff or class action member in any purported class or representative proceeding. Subject to Subscriber's right to bring any claim against PERIMETER for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules ( www.ArbitrationServiceslnc.com) , except that no punitive damages may be awarded. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First -Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of California and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where PERIMETER's principal place of business is located. The parties waive trial by jury in any action between them unless prohibited by law. Any action by Subscriber against PERIMETER must be commenced within one year of the accrual of the cause of action or shall be barred.
21. PERIMETER'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that PERIMETER is authorized and permitted to subcontract any services to be provided by PERIMETER to third parties who may be independent of PERIMETER, and that PERIMETER shall only be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of PERIMETER's third party contractors.
City of Placentia, 2023- Sales & Service Contract Initial:
Subscriber appoints PERIMETER to act as Subscriber's agent with respect to such third parties, except that PERIMETER shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to PERIMETER's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central stations of PERIMETER.
22. NON -SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of PERIMETER assigned by PERIMETER to perform any service for or on behalf of Subscriber for a period of two years after PERIMETER has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, PERIMETER shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee's termination of employment with PERIMETER, times twelve, together with PERIMETER's counsel and expert witness fees.
23. CONFIDENTIALITY AND NON -DISPARAGEMENT: Subscriber agrees that its relationship with PERIMETER is and shall remain confidential. Neither party to this agreement shall, without prior written consent of the other, publish or communicate in any manner any comment, review, recommendation, evaluation, or report of the other unless required by law, and neither party shall disparage the other in any written or electronic forum for any reason. Because a violation of this provision would result in damages that maybe difficult to prove the parties agree that a party violating this provision shall be liable for damages in the amount of $10,000.00 as and for liquidated damages and not as a penalty, and no actual damages need to be proved. Additionally, a party to this agreement required to commence any lawsuit or arbitration to enforce this provision shall be entitled to injunctive relief and its legal fees.
24. FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse PERIMETER for any fines relating to permits or false alarms. PERIMETER shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should PERIMETER be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay PERIMETER for such service or material.
25. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except PERIMETER's requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber's reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document, agreement, purchase order or understanding between the parties, the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall not be effected.
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS 5 PAGE AGREEMENT AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION.
PERIMETER PROTECTION AND
SURVEILLANCE SYSTEMS, INC.:
By:
Kenny Binnings, CFO
SUBSCRIBER:
Subscriber Signature
Damien Arrula, City Administrator for City of Placentia Print Name of Subscriber
401 E. Chapman Ave, Placentia, CA 92870
Address of Subscriber
City of Placentia, 2023- Sales & Service Contract Initial:
All in One Commercial Security Schedule of Equipment & Services Kenneth Kirschenbaum, Esq., Tel. No. (516) 747-6700
KIRSCHENBAUM CONTRACTS®Copyright 3/17
Licensed by the Contractors State License Board, Dept. of Consumer Affairs 9821 Business Park Drive, Sacramento, CA 95827, License # 999578 PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC.
116 W. Santa Fe Ave, Suite B
Placentia, California 92870
(657) 444 -SAFE (7233)
SCHEDULE OF EQUIPMENT AND SERVICES — 12-1-2022
City of Placentia
Describe Equipment: The following equipment lists Perimeter Protection installed cameras that have the following services and entered as the original and first attachment to the City of Placentia Security Agreement starting 1/1/23.
Services:
City of Placentia Cost Center (all with Managed Hosting Services) - 1 Teen Center camera
1 Chamber of Commerce camera
1 301 Cafe camera
1 Chapman/Bradford camera
2 McFadden front/rear cameras
1 200 North Bradford camera
1 Gomez front camera
1 El Adobe camera
1 Wilson camera
1 Santa Fe/Murray camera
2 Murray/Center camera
2 Backs front and rear cameras
1 Lajolla/Wallgreens camera
1 301 Screen camera
1 Santa Fe 3 camera
1 Backs Rear Parking Lot
1 Backs Front Entry Lot
1 Chapman/Teen Camera
4 Fire Station 1 cameras
4 Fire Station 2 cameras
Community Services Cost Center (all with Managed Hosting & Monitoring) - 4 Teen Center cameras and 1 voice down speaker
- 1 Gomez camera and 1 voice down speaker
PERIMETER PROTECTION AND SUBSCRIBER:
SURVEILLANCE SYSTEMS, INC.:
By:
Signature
Signature by Authorized Officer (Name must be printed below) Kenny Binnings, CFO Damien Arrula. City Administrator. City of Placentia Print Name and Title
Date: Date:
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
ADDITIONAL EQUIPMENT, SYSTEMS AND SERVICE DISCLAIMER NOTICE The undersigned acknowledges that a representative of PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC. (hereinafter referred to as "PERIMETER" or "ALARM COMPANY") has explained additional equipment, systems and protection that may be available from PERIMETER, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems or protection. The additional equipment, systems and protection discussed included but was not limited to the following:
• hardwire systems, wireless systems
• additional contacts
• motion detectors
• audio surveillance
• video surveillance
• guard response
• stationary guards
• data storage and retrieval
• access control
• fire, smoke, carbon monoxide, water, heat, temperature • roof, attic walls, exterior
• independent secondary systems
• video monitoring
• cellular/radio backup
• latest technology
• dedicated telephone line communication
• UL, ETL or other nationally
• recognized testing lab
• approved installation
• UL, ETL or other nationally recognized testing lab
• approved monitoring
• sprinkler / fire alarm
• electrical surge protection
The undersigned acknowledges that:
• Not all of the above services are available or offered by PERIMETER but the services and equipment were brought to the undersigned's attention and the undersigned declined such services or the opportunity to obtain the services from other security companies.
• That PERIMETER explained the difference between VOIP and standard telephone line service and that PERIMETER recommends use of standard telephone line service and communication since VOIP [voice over internet service] may be less reliable service. The undersigned acknowledges that if VOIP is used it is at the undersigned's sole risk. Some telephone service depends on electrical service and PERIMETER is not responsible for such service. • That PERIMETER is not responsible for the security or privacy of any wireless network system or router and that wireless systems can be accessed by others and it is the Subscriber's responsibility to secure access to the system with pass codes and lock outs.
• That PERIMETER has advised undersigned of any permits required for the alarm system and monitoring, and undersigned acknowledges that it is undersigned's responsibility to obtain and maintain all required permits and pay any false alarm or other fines related to the alarm systems or service. • That smoke detectors and other battery-operated devices must be checked monthly and batteries replaced at least annually and that the undersigned is responsible to check and replace batteries. • That PERIMETER has explained all components, operation and use of the alarm system to the undersigned's satisfaction, and
• That if audio or video devices are installed, subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. PERIMETER has made no representations and has provided no advice regarding the use of audio or video devices.
JT tP:
Subscriber's Signature
Damien Arrula. City Administrator. City of Placentia
All in One Commercial Security Schedule of Equipment & Services Kenneth Kirschenbaum, Esq., Tel. No. (516) 747-6700
KIRSCHENBAUM CONTRACTSOOCopyright 3/17
Licensed by the Contractors State License Board, Dept. of Consumer Affairs 9821 Business Park Drive, Sacramento, CA 95827, License # 999578 PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC.
116 W. Santa Fe Ave, Suite B
Placentia, California 92870
(657) 444 -SAFE (7233)
SCHEDULE OF EQUIPMENT AND SERVICES
ADDENDUM #1 — 1-1-2023
Old City Hall
Add this approved attachment to:
The City of Placentia Security Agreement 1-1-2023
Describe Equipment: The City of Placentia has agreed to proposal submitted on 9/12/22 for the sales, installation, service of cameras in specific buildings. The charges will be applied to the City of Placentia cost center:
Sales:
6 CV Cameras installed at:
- 1 Front Gate/Courtyard
- 2 Walkway and Exterior Doors
- 1 Southside of Building
- 1 Rear Storage/Parking Area
- 1 Rear Alley
Services provided as defined in 1-1-23 contract:
Managed Hosting
- across all 6 cameras,
Central Station Monitoring
- across 5 cameras (all except rear alley camera)
One Time Charge: $7,494
Monthly Recurring Charges:
- Managed Hosting - $420/mo ($70/camera/mo)
- Monitoring - $65/mo/camera for 0 - 100 clips/camera
- $100/mo/camera for up to 250 clips/camera
- $150/mo/camera for up to 500 clips/camera
City of Placentia to provide power for cameras and internet access.
PERIMETER PROTECTION AND SUBSCRIBER:
SURVEILLANCE SYSTEMS, INC.:
By:
Signature
Kenny Binnings, CFO
DATE:
All in One Commercial Security Schedule of Equipment & Services Kirschenbaum, Esq., Tel. No. (516) 747-6700
Signature by Authorized Officer (Name must be printed below) City of Placentia
Print Name and Title
DATE:
Licensed by the Contractors State License Board, Dept. of Consumer AffairsKenneth 9821 Business Park Drive, Sacramento, CA 95827, License # 999578
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
ADDITIONAL EQUIPMENT, SYSTEMS AND SERVICE DISCLAIMER NOTICE The undersigned acknowledges that a representative of PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC. (hereinafter referred to as "PERIMETER" or "ALARM COMPANY") has explained additional equipment, systems and protection that may be available from PERIMETER, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems or protection. The additional equipment, systems and protection discussed included but was not limited to the following:
• hardwire systems, wireless systems
• additional contacts
• motion detectors
• audio surveillance
• video surveillance
• guard response
• stationary guards
• data storage and retrieval
• access control
• fire, smoke, carbon monoxide, water, heat, temperature • roof, attic walls, exterior
• independent secondary systems
• video monitoring
• cellular/radio backup
• latest technology
• dedicated telephone line communication
• UL, ETL or other nationally
• recognized testing lab
• approved installation
• UL, ETL or other nationally recognized testing lab
• approved monitoring
• sprinkler / fire alarm
• electrical surge protection
The undersigned acknowledges that:
• Not all of the above services are available or offered by PERIMETER but the services and equipment were brought to the undersigned's attention and the undersigned declined such services or the opportunity to obtain the services from other security companies.
• That PERIMETER explained the difference between VOIP and standard telephone line service and that PERIMETER recommends use of standard telephone line service and communication since VOIP [voice over internet service] may be less reliable service. The undersigned acknowledges that if VOIP is used it is at the undersigned's sole risk. Some telephone service depends on electrical service and PERIMETER is not responsible for such service. • That PERIMETER is not responsible for the security or privacy of any wireless network system or router and that wireless systems can be accessed by others and it is the Subscriber's responsibility to secure access to the system with pass codes and lock outs.
• That PERIMETER has advised undersigned of any permits required for the alarm system and monitoring, and undersigned acknowledges that it is undersigned's responsibility to obtain and maintain all required permits and pay any false alarm or other fines related to the alarm systems or service. • That smoke detectors and other battery-operated devices must be checked monthly and batteries replaced at least annually and that the undersigned is responsible to check and replace batteries. • That PERIMETER has explained all components, operation and use of the alarm system to the undersigned's satisfaction, and
• That if audio or video devices are installed, subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. PERIMETER has made no representations and has provided no advice regarding the use of audio or video devices.
Date:
Signature by Authorized Officer (Name/Title must be printed below) City of Placentia
All in One Commercial Security Schedule of Equipment & Services Kirschenbaum, Esq., Tel. No. (516) 747-6700
Licensed by the Contractors State License Board, Dept. of Consumer AffairsKenneth 9821 Business Park Drive, Sacramento, CA 95827, License # 999578 PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC.
116 W. Santa Fe Ave, Suite B
Placentia, California 92870
(657) 444 -SAFE (7233)
SCHEDULE OF EQUIPMENT AND SERVICES
ADDENDUM #2 — 1-1-2023
Pedestrian Bridge
Add this approved attachment to:
The City of Placentia Security Agreement 1-1-2023
- Describe Equipment: The City of Placentia has agreed to proposal submitted on 10/5/22 for the sales, installation, service of cameras at the Pedestrian Bridge. The charges will be applied to the City of Placentia cost center:
Sales:
10 CV Cameras installed at:
- 6 cameras 1 per level in each tower
- 2 locations are existing/replacement, 4 are new locations - 2 cameras, 1 in each elevator with vandal resistant cover - 2 cameras, replace on bridge
- 3 Voice Down locations (each tower plus bridge
Services provided as defined in 1-1-23 contract:
Managed Hosting
- across all 10 cameras
Central Station Monitoring
- across all 10 cameras
One Time Charge: $13,290
Monthly Recurring Charges:
- Managed Hosting - $700/mo ($70/camera/mo)
- Monitoring - $65/mo/camera for 0 - 100 clips/camera
- $100/mo/camera for up to 250 clips/camera
- $150/mo/camera for up to 500 clips/camera
City of Placentia to provide power for cameras, internet access, and bucket truck for install support.
PERIMETER PROTECTION AND SUBSCRIBER:
SURVEILLANCE SYSTEMS, INC.:
By:
Signature
Signature by Authorized Officer (Name must be printed below) Kenny Binnings, CFO City of Placentia
Print Name and Title
Date: Date:
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
ADDITIONAL EQUIPMENT, SYSTEMS AND SERVICE DISCLAIMER NOTICE The undersigned acknowledges that a representative of PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC. (hereinafter referred to as "PERIMETER" or "ALARM COMPANY") has explained additional equipment, systems and protection that may be available from PERIMETER, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems or protection. The additional equipment, systems and protection discussed included but was not limited to the following:
• hardwire systems, wireless systems
• additional contacts
• motion detectors
• audio surveillance
• video surveillance
• guard response
• stationary guards
• data storage and retrieval
• access control
• fire, smoke, carbon monoxide, water, heat, temperature • roof, attic walls, exterior
• independent secondary systems
• video monitoring
• cellular/radio backup
• latest technology
• dedicated telephone line communication
• UL, ETL or other nationally
• recognized testing lab
• approved installation
• UL, ETL or other nationally recognized testing lab
• approved monitoring
• sprinkler / fire alarm
• electrical surge protection
The undersigned acknowledges that:
• Not all of the above services are available or offered by PERIMETER but the services and equipment were brought to the undersigned's attention and the undersigned declined such services or the opportunity to obtain the services from other security companies.
• That PERIMETER explained the difference between VOIP and standard telephone line service and that PERIMETER recommends use of standard telephone line service and communication since VOIP [voice over internet service] may be less reliable service. The undersigned acknowledges that if VOIP is used it is at the undersigned's sole risk. Some telephone service depends on electrical service and PERIMETER is not responsible for such service. • That PERIMETER is not responsible for the security or privacy of any wireless network system or router and that wireless systems can be accessed by others and it is the Subscriber's responsibility to secure access to the system with pass codes and lock outs.
• That PERIMETER has advised undersigned of any permits required for the alarm system and monitoring, and undersigned acknowledges that it is undersigned's responsibility to obtain and maintain all required permits and pay any false alarm or other fines related to the alarm systems or service. • That smoke detectors and other battery-operated devices must be checked monthly and batteries replaced at least annually and that the undersigned is responsible to check and replace batteries. • That PERIMETER has explained all components, operation and use of the alarm system to the undersigned's satisfaction, and
• That if audio or video devices are installed, subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. PERIMETER has made no representations and has provided no advice regarding the use of audio or video devices.
Date:
Signature by Authorized Officer (Name/Title must be printed below) City of Placentia
PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC.
116 W. Santa Fe Ave, Suite B
Placentia, California 92870
(657) 444 -SAFE (7233)
SCHEDULE OF EQUIPMENT AND SERVICES
ADDENDUM #3 — 1-1-2023
100 - 200 Block of Santa Fe Ave
Add this approved attachment to:
The City of Placentia Security Agreement 1-1-2023
- Describe Equipment: The City of Placentia has agreed to proposal submitted on 10/5/22 for the sales, installation, service of cameras at the 100 - 200 block of Santa Fe Ave. The charges will be applied to the City of Placentia cost center:
Sales:
5 CV Cameras installed at:
- 3 cameras on light post at Bradford/Santa Fe Ave
- 2 cameras on light post along 200 block Santa Fe Ave. - Install POE and network devices at each pole, connect to city internet at bridge Services provided as defined in 1-1-23 contract:
Managed Hosting
- across all 10 cameras
Central Station Monitoring
- across all 10 cameras
Remove and discard any existing unused cameras on the post One Time Charge: $8,195
Monthly Recurring Charges:
- Managed Hosting - $350/mo ($70/camera/mo)
- Monitoring - Not provided
City of Placentia to provide 110V power for cameras, internet access at bridge, and bucket truck for install support.
PERIMETER PROTECTION AND SUBSCRIBER:
SURVEILLANCE SYSTEMS, INC.:
By:
Signature
Kenny Binnings, CFO
Date:
Signature by Authorized Officer (Name must be printed below) Print Name and Title
Date:
City of Placentia
PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.
ADDITIONAL EQUIPMENT, SYSTEMS AND SERVICE DISCLAIMER NOTICE The undersigned acknowledges that a representative of PERIMETER PROTECTION AND SURVEILLANCE SYSTEMS, INC. (hereinafter referred to as "PERIMETER" or "ALARM COMPANY") has explained additional equipment, systems and protection that may be available from PERIMETER, for additional charges, and the undersigned has had sufficient opportunity to consider the additional services that may be available, and has decided not to request or contract for such additional equipment, systems or protection. The additional equipment, systems and protection discussed included but was not limited to the following:
• hardwire systems, wireless systems
• additional contacts
• motion detectors
• audio surveillance
• video surveillance
• guard response
• stationary guards
• data storage and retrieval
• access control
• fire, smoke, carbon monoxide, water, heat, temperature • roof, attic walls, exterior
• independent secondary systems
• video monitoring
• cellular/radio backup
• latest technology
• dedicated telephone line communication
• UL, ETL or other nationally
• recognized testing lab
• approved installation
• UL, ETL or other nationally recognized testing lab
• approved monitoring
• sprinkler / fire alarm
• electrical surge protection
The undersigned acknowledges that:
• Not all of the above services are available or offered by PERIMETER but the services and equipment were brought to the undersigned's attention and the undersigned declined such services or the opportunity to obtain the services from other security companies.
• That PERIMETER explained the difference between VOIP and standard telephone line service and that PERIMETER recommends use of standard telephone line service and communication since VOIP [voice over internet service] may be less reliable service. The undersigned acknowledges that if VOIP is used it is at the undersigned's sole risk. Some telephone service depends on electrical service and PERIMETER is not responsible for such service. • That PERIMETER is not responsible for the security or privacy of any wireless network system or router and that wireless systems can be accessed by others and it is the Subscriber's responsibility to secure access to the system with pass codes and lock outs.
• That PERIMETER has advised undersigned of any permits required for the alarm system and monitoring, and undersigned acknowledges that it is undersigned's responsibility to obtain and maintain all required permits and pay any false alarm or other fines related to the alarm systems or service. • That smoke detectors and other battery-operated devices must be checked monthly and batteries replaced at least annually and that the undersigned is responsible to check and replace batteries. • That PERIMETER has explained all components, operation and use of the alarm system to the undersigned's satisfaction, and
• That if audio or video devices are installed, subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. PERIMETER has made no representations and has provided no advice regarding the use of audio or video devices.
pate:
Signature by Authorized Officer (Name/Title must be printed below) C',it)i of Plarantja
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: JANUARY 10, 2023
SUBJECT: ACCEPTANCE OF CONSTRUCTION WORK AND NOTICE OF COMPLETION
FOR THE ADA ACCESS RAMP INSTALLATION PROJECT, CITY PROJECT NO. 1305
FISCAL
IMPACT: EXPENSE:
$175,050.00 CONSTRUCTION CONTRACT
$ -40,940.00 CHANGE ORDER NO. 1
$134,110.00 TOTAL CONSTRUCTION COST
AVAILABLE BUDGET:
$192,600.00
$192,600.00
SUMMARY:
TOTAL FY 22-23 CIP BUDGET
MEASURE U FUND (791305-6740)
On July 19, 2022, the City Council awarded a construction contract to Martinez Concrete, Inc, in the amount of $175,050.00 for the installation of 20 new ADA (Americans with Disabilities Act) compliant curb ramps in various locations in the City. This project also included all ancillary work including installation of truncated domes, sidewalk, curb, gutter and/or asphalt repairs. One (1) Balancing Contract Change Order in the credit amount of $40,940.00 for a reduction in the construction contract amount of 23% was issued. This change order reflects actual quantity adjustments for three bid items (sidewalk, curb and gutter, and AC pavement), as well as the removal of three bid items (cross gutter, sign & post relocating, and survey markers) that were deemed not needed to construct this project. The Contract Change Order No. 1 is attached.
The Project has been completed to the satisfaction of the City. This action concludes the Project and authorizes filing a Notice of Completion with the Orange County Clerk -Recorder's Office in the amount of $134,110.00.
1.f.
Jan 10, 2023
City Council Agenda
January 10, 2023
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Authorize the City Administrator to approve Contract Change Order No. 1 with Martinez Concrete, Inc., in the credit amount of $40,940.00; and
2. Accept the work performed by Martinez Concrete, Inc., for construction of the ADA Access Ramp Installation Project, City Project No. 1305 for a grand total amount of $134,110.00; and
3. Authorize the City Administrator to file a Notice of Completion with the Orange County Clerk -Recorder's Office for the Project; and
4. Authorize the City Administrator to release retention funds in accordance with the terms of the contract.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to Implement Public Infrastructure to Meet Community Needs, under Goal #5, which is to provide safe access to pedestrian travel in the public right of way.
DISCUSSION:
On July 19, 2022, the City Council awarded a construction contract to Martinez Concrete, Inc (MCI), in the amount of $175,050.00 for the installation of 20 new ADA (Americans with Disabilities Act) compliant curb ramps in various locations in the City. This project also included all ancillary work including installation of truncated domes, sidewalk, curb, gutter and/or asphalt repairs.
During the course of construction for this project, it was determined that three bid items were no longer necessary (cross gutter, sign & post relocating, and survey markers) in order to install the ADA compliant ramps at 20 locations. There was also a number of quantity adjustments for sidewalks, curb and gutters, and AC pavement work performed by the Contractor. Balancing Contract Change Order No. 1 resulted in a total credit amount of $40,940.00, or a reduction in the construction contract amount of 23%. This Change Order is attached for City Council's approval.
FISCAL IMPACT:
The final construction cost plus the deductive change order amounts to $134,110.00. This cost consists of the bid amount submitted by Martinez Concrete Inc. in the amount of $175,050.00 and the $40,940.00 credit for the adjustment of bid items and quantities. Also, the 10% contingency amount of $17,505.00 was not needed. A total amount of $192,600.00 was available and budgeted in the Fiscal Year (FY) 2022-23 Capital Improvement Program Budget for this project.
As such, sufficient funds exist for the recommended actions.
City Council Agenda
January 10, 2023
Prepared by:
Masoud cepa
City Engineer,
Luis Estevez
Deputy City Administrator
Reviewed and approved:
-
Jen fifer ampman
Director of Finance
Reviewed and approved:
Da emi n R. Arrula
City Administrator
Attachments:
1. Contract Change Order No. 1
2. Notice of Completion — Martinez Concrete Inc. for Project No. 1305
3. Before and After Photos
Contract Change Order No.1
Project Title: ADA Access Ramp Installation, City Project No. 1305 Owner: city of worn Ml. Canlreclar. Martin az Ccncreta, Inc.
You are hereby directed to make the herein described changes from the plans and specifications or to do the following described work not included in the plans and specifications on this contract:
Balancing Quantities for Project Closeout
1 This Change Order provides:
a) Extra work and credits identified in Exhibit A
$ (40,940.00)
2 This Change Order came about from:
a)
Balancing change order for all bid items based on actual final quantities. 3 Action to be taken:
a) The City calculated extra quantities or credits based on actual final quantities for this change. 4 Compensation
a) Adjustment of Line Items exceeding 25%
b) Extra work
d) Credits
$ (40,940.00)
Total $ (40.940.001
5 Contract Time Extension
a) 0
In addition to work specified in the bid specifications, this change order includes all extra work, field adjustments and credits. This work is an Contractor initiated change and includes all labor, equipment, materials, and supervision and Adminstration.
CHANGE TO CONTRACT COST: CHANGE TO CONTRACT TIME: `fes
Contract Amount: $ 175,050.00
Previous CCOs: $
Adjustment of Line Items
Exceeding 25%
Total Extra Work $ -
Total Field Adjustments $
Total Credits $ 40,940.00
Changes in Line Items: $ (40,940.00)
Current Contract price: $ 134,110.00
Prepared by:
Recommended:
Recommended:
Approved by:
Raquel Garcia, Project Manager, City of Placentia
Masoud Sepahi, City Engineer, City of Placentia
Luis Estevez, Deputy City Administrator, City of Placentia Damien R. Arrula, City Administrrator, City of Placentia We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal, is approved, that we will provide all equipment, furnish all materials, except as may otherwise be shown above
Accepted:
If the Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
Attachment 1
CCO No. 1 Exhibit 'A'
Project Title: ADA Access Ramp Installation, City Project 1305 Owner: City of Placentia Contractor: Martinez Concrete, Inc.
No. Actual
Description Bid $$ Comments CREDIT EXTRA
4 Adjusted Sidewalk Quantity $ (540.00) $0.00
1000 955
5 Adjusted Curb & Gutter Quantity 400 45 $ (24,850.00) $0.00 6 Adjusted Cross -Gutter Quantity 250 0 $ (6,250.00) $0.00 7 Adiusted AC Pavement Quantity 500 250 $ (2,500.00) $0.00 8 Adjusted Sign & Post Relocating Quantity 2 0 $ (800.00) $0.00 10 Adjusted Survey Markers & Monument Preservation Quantity 1 0 $ (6,000.00) $0 00 $0.00
$000
$0 00
$0.00
$0.00
$0.00
Sum of Line Item Adiustments $
Cost of Line Item adiustments $
Change in Contract Cosi
(40.940.00) $
(40.940.00)
-$40.940.00
Das
y' bituiiku\v/A i11\\1\\�\tut/////!//n1\\\\\\\'
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
1 Name
City Clerk
Street Cityof Placentia
Address
401 E. Chapman Ave.
City & Placentia, CA 92870
State
L J
City Council Approval:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Free Recording Per Government Code Section 27383 & 6103.
Deputy City Clerk
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Placentia
3. The full address of the owner is 401 East Chapman Avenue Placentia, CA 92870
4. The nature of the interest or estate of the owner is: In fee.
N/A
(If other than fee, strike "In fee" and insert, for example, 'purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES
N/A
6. A work of improvement on the property hereinafter described was completed on September 15, 2022. The work done was:
ADA Access Ramp Installation Proiect. City Proiect #1305. This work included removal of existing conditions for installation of 20 ADA compliant curb access ramps in various locations in the City. Work also included installation of truncated domes, sidewalk, curb, gutter and asphalt repairs.
The name of the contractor, if any, for such work of improvement was Martinez Concrete, Inc
7. 920 W. Foothill Boulevard, Azusa, CA 91702 7/19/2022 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract)
8. The property on which said work of improvement was completed is in the city of Placentia County of Orange , State of California, and is described as follows: ADA Access Ramp Installation Proiect, City Proiect #1305
9. The street address of said property is none
(If no street address has been officially assigned. insert "none".)
CITY OF PLACENTIA
Dated: January 10, 2022
Verification for Individual Owner
Signature of owner or corporate officer of owner
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Administrator, Damien R. Arrula ("President of", "Manager of", "Owner of", etc.)
Notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
the declarant of the foregoing
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 10,
(Date of Signature.)
NOTICE OF COMPLETION — WOLCOTTS FORM 1114 — RE—. 6-74
, 2023, at Placentia
(City where signed.)
, California.
(Personal signature of the individual who is swearing
that the contents of the notice of completion are
true.) -
8 pt. type or larger
ATTACHMENT 2
Attachment 3
Ramp 1— Seville Street / Lawn Avenue
(North Side)
(Before)
(Before)
(After)
Ramp 2 — Seville Street / Lawn Avenue
(South Side)
(After)
Almaaidoreci
Ramp 3 — Carina Avenue / Cebu Court
(East Side)
(Before)
�I IJ�B IIW Il1u.1 ,1
(Before)
(After)
Ramp 4 — Carina Avenue / Cebu Court
(West Side)
(After)
Ramp 5 — Cartlen Drive / Carina Avenue
(North Side)
(Before)
(Before)
(After)
Ramp 6 — Cartlen Drive / Carina Avenue
(South Side)
(After)
Ramp 7 — Cartlen Drive / Chicago Avenue
(North Side)
(Before)
(Before)
(After)
Ramp 8 — Cartlen Drive / Chicago Avenue
(South Side)
(After)
Ramp 9— Morse Avenue
(North Side)
(Before)
(Before)
(After)
Ramp 10 — Morse Avenue
(South Side)
(After)
Ramp 11— Hillcrest Avenue / Cherry Hills Street
(North Side)
(Before)
(Before)
(After)
1 ' ' ,1�11:11rM1[11
qk'
Z
Ramp 12 — Hillcrest Avenue / Cherry Hills Street
(South Side)
(After)
Ramp 13 — Tuffree Boulevard / W Borromeo Avenue
(North Side)
(Before)
(Before)
(After)
Ramp 14 — Tuffree Boulevard / W Borromeo Avenue
(South Side)
(After)
Ramp 15 — Tuffree Boulevard / Juanita Way
(North Side)
(Before)
(Before)
(After)
Ramp 16 — Tuffree Boulevard / Juanita Way
(South Side)
(After)
Ramp 17 — Tuffree Boulevard / San Carlos Way
(North Side)
(Before)
(Before)
(After)
Ramp 18 — Tuffree Boulevard / San Carlos Way
(South Side)
(After)
Ramp 19 — E La Jolla Street / Segovia Circle
(North Side)
(Before)
(Before)
(After)
Ramp 20 — E La Jolla Street / Segovia Circle
(South Side)
(After)
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JANUARY 10, 2023
AGENDA REPORT
SUBJECT: TENTATIVE TRACT MAP (TTM) NO. 19251: A PROPOSED TRACT MAP TO SUBDIVIDE AN APPROXIMATELY 0.40 -ACRE LOT WITH 12 RESIDENTIAL
TOWNHOME CONDOMINIUM UNITS LOCATED ALONG THE WEST SIDE OF VAN BUREN STREET, AT 503 AND 513 SOUTH VAN BUREN STREET WITHIN THE HIGH DENSITY RESIDENTIAL (R-3) ZONING DISTRICT
FISCAL
IMPACT: REVENUE: $203,462 DEVELOPMENT IMPACT FEES
SUMMARY:
Tentative Tract Map 19251 is an application to subdivide an approximately 0.4 -acre lot with 12 residential townhome condominium units located at 503 and 513 South Van Buren Street (collectively, "TTM"). At the Planning Commission ("Commission") meeting held December 13, 2022, the Commission voted 5-0-1 to recommend approval of TTM 19251 to the City Council. In accordance with Placentia Municipal Code (PMC) Sections 22.72.060 and 22.72.070, the Commission hereby submits a report of its findings and recommends approval of TTM 19251 to the City Council.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution No. R-2023-02, A Resolution of the City Council of the City of Placentia, California, adopting a Categorical Exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code Of Regulations) (CEQA) and approving Tentative Tract Map (TTM) 19251 for the subdivision of 12 residential townhome units for condominium purposes on a 0.40 - acre lot located within the High Density Residential (R-3) Zoning District and sited on property located at 503 and 513 South Van Buren Street.
1.g.
Jan 10, 2023
City Council Agenda
January 10, 2023
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City, including a mix of housing at various price points.
BACKGROUND:
PMC Section 22.72.002 requires a Tract Map for all subdivisions of five (5) or more parcels and PMC Section 22.72.060(c) requires that the Planning Commission recommend conditional approval or denial of the subdivision map to the City Council. At the Planning Commission meeting held December 13, 2022, the Commission voted 5-0-1, to recommend approval of TTM 19251 to the City Council. At that same meeting, the Commission reviewed and approved Development Plan Review (DPR) No. 2022-03 and Use Permit (UP) No. 2022-04 to permit the development of an approximately 0.40 -gross acre lot for the construction of two (2), three-story, multi -family buildings consisting of 12 residential townhome units and associated hardscape and landscape improvements. In addition to the Tentative Tract Map, the applicant has submitted a lot line adjustment (LLA) to enlarge the subject property, moving the northern boundary of the parcel approximately four feet to the north. This LLA will be recorded prior to recordation of the Final Map.
The 12 townhomes will be integrated as Phase II into the Hudson development currently in construction. In accordance with PMC Sections 23.75.010 and 23.87.040, DPR 2022-03 and UP 2022-04 do not require City Council approval and therefore are not part of the request. However, pursuant to PMC Section 22.72.070, City Council approval is necessary for TTMs.
DISCUSSION:
Subject Site and Surrounding Land Uses
The table below illustrates the site and existing land uses surrounding the site, General Plan land use designation, and zoning designation:
Location Existing Land Use
Legal, non-
conforming single -
Existing family residential
houses
Proposed
Attached, Single -
Family Residential
Townhomes
Land Use Element
General Plan
Designation
High Density
Residential
High Density
Residential
Zoning Map
Designation
High Density Residential
(R-3)
High Density Residential
(R-3)
City Council Agenda
January 10, 2023
North
South
(Other side of
greenbelt of
Hudson Phase I)
East (adjacent
and across S.
Van Buren Street
West
Attached, Single -
Family Residential
Townhomes
(HUDSON PHASE I)
High Density High Density Residential
Residential (R-3)
Atwood Channel Industrial
Single Family
Residential
M(0)
Low Density Single -Family Residential
Residential (R-1)
Attached, Single -
Family Residential
Townhomes High Density High Density Residential
(HUDSON PHASE I) Residential (R-3)
Applicable Code Section — Placentia Municipal Code
The subject property is currently zoned R-3. The project will be required to comply with the development standards and use requirements set forth in the PMC for projects within the R-3 Zoning District. Pursuant to PMC Section 22.72.060, subdivisions consisting of five or more parcels shall require Planning Commission review at a noticed public hearing, to review and solicit a recommendation for final action on the proposed TTM by the City of Placentia City Council (PMC
22.72.070).
Lot Standards
Title 22 (Subdivisions) of the PMC sets forth development standards defining the minimum lot width, lot depth, and lot area for all parcels in all zoning districts to bring about orderly development throughout the City. The R-3 district standards requires a minimum area of 8,000 square feet for all interior lots with a minimum frontage width of 80 feet. The proposed lot exceeds the minimum requirements with a lot area of 17,467 square feet and a minimum lot width at approximately 110 linear feet. Overall, the proposed subdivision will not modify the size and configuration of the lot, will maintain compliance with the minimum requirements of the PMC, and will be compatible with existing lots within the surrounding area. This is because the subdivision is solely for condominium purposes.
ENVIRONMENTAL:
The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (CEQA); Public Resources Code §§ 21000 et esq.; the State
City Council Agenda
January 10, 2023
CEQA Guidelines, 14 C.C.R. §§ 15000 et esq.; and the Environmental Guidelines of the City of Placentia. Staff and the Planning Commission both recommend that the City Council exercise its independent judgement and find that TTM 19251 is exempt from CEQA pursuant to State CEQA Guidelines § 15332 (Class 32 — In -Fill Development Projects) as the permit would be issued to an infill development project.
FISCAL IMPACT:
Approval of the Tentative Tract Map to subdivide the property for 12 residential townhome condominium units will generate approximately $203,462 in Development Impact Fees.
Reviewed and approved:
JenrSifer Lampman
Director of Finance
Reviewed and approved:
Jos_TM. Ll mbert
Director of Development Services
Reviewed and approved:
Damien R. Arru a
City Administrator
Attachments:
1. Resolution No. R-2023-02 Related to TTM 19251
Attachment A: Conditions of Approval for Tentative Tract Map No. 19251
2. TTM 19251 Subdivision Map and Project Plans
3. Planning Commission Staff Report for TTM 19251, DPR 2022-03, UP 2022-04, and Attachments Thereto (Attachments 4-8 of the Planning Commission Staff Report)
RESOLUTION NO. R-2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE TRACT MAP (TTM) 19251
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 503 AND 513 SOUTH VAN BUREN STREET AND MAKING
FINDINGS IN SUPPORT THEREOF
A. Recitals.
WHEREAS, On December 13, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Tract Map No. TTM 19251 for the property located at 503 and 513 South Van Buren Street.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Alan Toffoli, of Toffoli Investments, LLC. ("Applicant" hereinafter), regarding a Tentative Tract Map application.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to Resolution R-2023-02
ATTACHMENT 1
this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the "R-3" High Density Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC). b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site high-density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a 0.40 -acre parcel into 12 condominium residential townhomes consistent with the "R-3" High Density Residential Zoning District and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Tract Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off-site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Tract Map application is to subdivide an existing 0.40 acre parcel into 12 condominium townhomes.
The proposed map is consistent with all polices, programs, and goals of the General Plan. f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Resolution R-2023-02
ATTACHMENT 1
Section 3. a. The City Council of the City of Placentia finds that TTM 19251 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15332 (Class 32 — Infill Development Project) as this subdivision will result in the division of property in an urbanized area zoned for residential use and located in an infill area, consisting of less than five acres The division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed subdivision for condominium purposes to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above-specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Tract Map 19251, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 10th day of January 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2023-02
ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 10th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2023-02
ATTACHMENT 1
Attachment "A"
Special Conditions of Approval for
Tentative Tract Map No. TTM 19251
503 and 513 South Van Buren Street
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT — PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of Tentative Tract Map (TTM) 19251 and the final map is contingent upon City Council Approval.
4. TTM 19251 shall expire twenty-four (24) months after approval or conditional approval if a final map is not recorded. Upon written request, by the developer, the time limit may be extended an additional twelve (12) months by City Council.
5. A final map shall be prepared by or under the direction of a registered Civil engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
Resolution R-2023-02
ATTACHMENT 1
6. TTM 19251 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
7. To satisfy the City's Utility undergrounding requirement for the second phase of the Hudson development (Phase II, Tract 19251), the Applicant and/or property owner shall make a deposit, to be held by the City, in the amount equal to "40% of the total current estimated cost of the Undergrounding Work (the "Deposit"). Once the "Phase II" deposit is paid by the applicant or property owner of "Phase II", the obligation for undergrounding work shall be satisfied for "Phase II". The final deposit amount for the undergrounding work will be calculated and deposited in cash or a Letter of Credit, within 10 days prior to the final Certificate of Occupancy of the last building in either "Phase I or II". a. The Deposit shall be retained by the City until such time as Phase 3 has been entitled and received final City approval, and all Undergrounding Work has been completed, inspected, and approved by the City and affected utility or telephone companies, which may be the Applicant, or another ownership entity. After completion and acceptance of the Undergrounding Work, the Deposit shall be released to the owner and developer of Phase III responsible for the construction of the Undergrounding Work (the "Phase III Developer".) b. The CC&Rs prepared for Phase II will include a disclosure that depicts the existing location of the above ground utility lines and notice to all future owners and tenants that the Undergrounding Work will be constructed in the future. c. The Applicant acknowledges that this condition shall not limit the City's right to require the Applicant and/or property owner, as a part of the Phase II development, to move existing utility poles to accommodate new public sidewalks constructed along the property frontage of Phase II to ensure compliance with ADA accessibility standards. If the Applicant is able to demonstrate that the sidewalk can be constructed to ADA standards without relocation of the existing utility poles, the Applicant will not have to relocate the utility poles until such time as removal is done as part of the undergrounding work.
d. The cost estimate for the Undergrounding Work, which includes the total cost of design and construction of the undergrounding of the overhead lines for phases I, II, and III, is subject to the City's review and approval. e. The Undergrounding Work is the sole responsibility of the Applicant for Phases 1 and 2, and the Developer of Phase 3; the City is not responsible for and will not construct the Undergrounding Work for any Phase of this development.
8. Any modifications to the approved floor plan/site plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
9. The Applicant will Install a crosswalk that traverses Van Buren Street at a location immediately adjacent to the Atwood Channel bridge. The cross walk shall be Resolution R-2023-02
ATTACHMENT 1
clearly striped to city standards and equipped with a pedestrian activated signal system to the satisfaction of the Public Works Director and/or his/her designee.
10. Prior to final release of the residential units for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved for their respective portion.
11. The approval of Tentative Tract Map No. TTM 19251 shall be contingent upon approval of Development Plan Review No. DPR 2022-03 and Use Permit No. UP 2022-04. In the event the TTM is denied, approval of any of the aforementioned DPR and UP entitlements shall be deemed to be null and void. In the event the DPR and UP are denied, TTM 19251 shall be deemed null and void.
12. Comply with all applicable conditions of approval of DPR 2022-03 and UP 2022-04.
PUBLIC WORKS — ENGINEERING DIVISION:
13. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
Final Map
14. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development.
15. The applicant shall prepare and submit a preliminary title report no older than 90 days.
16. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements and survey Monumentation, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement providing for the necessary right-of-way, design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
17. The applicant shall establish a Homeowner's association (HOA) for the purpose of maintaining all private access, common lots, onsite fire hydrant, common sewer line, WQMP, LIP, open space, storm drainage and emergency opening of security gate.
The association is subject to the review and approval of the Director of Public Works and City Attorney and shall be recorded concurrently with the final map.
18. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer. The computer analysis may be submitted on a CD with a proper labeled.
Resolution R-2023-02
ATTACHMENT 1
PARCEL A TITLE INFORMATION:
THE FOLLOWING TITLE INFORMATION WAS DERIVED FROM AN ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY FIDELITY NATIONAL TITLE COMPANY, ORDER N0. ORDER NO.: 014-30088859-B-BAM DATED AUGUST 2, 2022 AT 7:30 AM
® DENOTES PLOTTED ITEM.
9. EASEMENTS IN FAVOR OF THE STERN REALTY COMPANY FOR THE PURPOSES OF TAKING AND CARRYING
AWAY ALL WATER LYING, PERCOLATING AND FLOWING & RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT RECORDED APRIL 28, 1925 IN BOOK 574 PAGE 341, OF DEEDS.
EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD.
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED PLACENTIA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE NORTH ONE-HALF OF LOT 37 OF HAZARDS SUB -DIVISION, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF RICHFIELD FILED IN BOOK 1, PAGE 26 OF LICENSED SURVEYOR'S MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE STRIP OF LAND 100 FEET WIDE, BEING THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA
RAILWAY AS SHOWN ON SAID MAP, AND CONVEYED TO SAID RAILWAY COMPANY BY DEED RECORDED AUGUST 12TH, 1893 IN BOOK 81, PAGE 346 OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VAN BUREN STREET, NORTH 89 DEGREES 28' EAST,
29.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 37; THENCE NORTH 0 DEGREES 32' WEST, ALONG THE CENTER LINE OF VAN BUREN STREET 779.83 FEET TO A POINT, SAID POINT BEING DISTANT SOUTH 0 DEGREES 32' EAST, 17.48 FEET FROM THE INTERSECTION OF THE CENTER LINES OF VAN BUREN STREET AND OAK STREET AS RECORDED IN TRACT NO. 144, MISCELLANEOUS MAPS, BOOK 12, PAGE 3, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89 DEGREES 28' WEST, 29.50 FEET TO A POINT IN THE WEST LINE OF SAID VAN BUREN STREET, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 28' WEST, 150.00 FEET TO A POINT; THENCE SOUTH 0 DEGREES 32' EAST, 60.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 28' EAST, 150.00 FEET TO A POINT IN THE WEST LINE OF VAN BUREN STREET, SAID POINT BEING SOUTH 0 DEGREES 32' EAST, 288.03 FEET FROM THE SOUTHERLY RIGHT OF WAY LINE OF THE ABOVE MENTIONED SOUTHERN CALIFORNIA RAILWAY; THENCE NORTH 0 DEGREES 32' WEST, ALONG THE WEST LINE OF SAID VAN BUREN STREET, 60.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
EXCEPTING ALL OIL, PETROLEUM, GAS AND OTHER HYDROCARBON IN, UNDER OR RECOVERABLE FROM SAID LAND NOT NOW RESERVED.
APN: 346-164-23
PARCEL B TITLE INFORMATION:
THE FOLLOWING TITLE INFORMATION WAS DERIVED FROM AN ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY FIDELITY NATIONAL TITLE COMPANY, ORDER NO. ORDER NO. 014-30088860-B-BAM DATED AUGUST 2, 2022 AT 7:30 AM
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED PLACENTIA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE NORTH HALF OF LOT THIRTY-SEVEN OF HAZARD'S SUBDIVISION, IN THE CITY
OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP OF RICHFIELD FILED IN BOOK 1, PAGE 26, OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE STRIP OF LAND 100 FEET WIDE, BEING THE RIGHT OF
WAY OF THE SOUTHERN CALIFORNIA RAILWAY AS SHOWN ON SAID MAP AND CONVEYED TO SAID RAILWAY COMPANY BY DEED RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346, OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF VAN BUREN STREET, NORTH 89° 28' EAST 29.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT THIRTY SEVEN; THENCE NORTH 0° 32' WEST, ALONG THE CENTER LINE OF VAN BUREN STREET, 719.83 FEET TO A POINT, SAID POINT BEING DISTANT SOUTH 0° 32' EAST 77.48 FEET FROM THE INTERSECTION OF THE CENTER LINES OF VAN BUREN STREET AND OAK STREET, AS SHOWN ON THE MAP OF TRACT NO. 144, RECORDED IN BOOK 12, PAGE 3, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89° 28' WEST
29.50 FEET TO A POINT IN THE WEST LINE OF SAID VAN BUREN STREET, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89° 28' WEST 150.00 FEET TO A POINT; THENCE SOUTH 0° 32' EAST 50.00 FEET TO A POINT; THENCE NORTH 89° 28' EAST 150.00 FEET TO A POINT IN THE WEST LINE OF VAN BUREN STREET, SAID POINT BEING SOUTH 0° 32" EAST 338.03 FEET FROM THE SOUTHERLY RIGHT OF WAY LINE OF THE ABOVE MENTIONED SOUTHERN CALIFORNIA RAILWAY; THENCE NORTH 0° 32' WEST ALONG THE WEST LINE OF SAID VAN BUREN STREET, 50.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
EXCEPTING ALL OIL, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER OR RECOVERABLE FROM SAID LAND AS RESERVED IN DEED RECORDED SEPTEMBER 19, 1975 IN BOOK 11516, PAGE 386 OF OFFICIAL RECORDS.
APN: 346-164-24
PROPOSED EASEMENTS
AN EASEMENT FOR EMERGENCY SERVICE PURPOSES INCLUDING INGRESS AND EGRESS RIGHTS FOR ACCESS PURPOSES AS DEDICATED TO THE CITY OF PLACENTIA.
CB-) AN EASEMENT FOR PUBLIC STREET PURPOSES DEDICATED TO THE CITY OF PLACENTIA.
DEVELOPER :
NO. DATE INITIAL
EN
A
VE
RAC
APN
19251
FOR CONDOMINIUM PURPOSES
CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA X
OWNER: LCG-PLACENTIA
APN: 34b-1b4—LL
R=25.00'
L=4.68'
A=10°43'31"
X 246.6 Al
SO°20'45"WJ.
6.02'
ASPH V EX. CMU WALL
/- PR R
14,3.85 N89°39' 15"W
5.6 OWNER:
APN:
/I
�\
LCG-PLACENTIA
346-164 23
II
II
—11
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II
N89°39'15"W
PARCEL A
503 S. VAN BUREN ST.
APN: 346-164-23
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T 1 -
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4 R=5.00'
L=1.52'
A=17°27'27"
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6.22'
2.5 R/W f
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APN: 346-164-24
IE
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N89°39' 15"W 147.50'
FX CMU WALL
X 2455
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DEMOLITION NOTES:
1) ALL EXISTING BUILDINGS LOCATED WITHIN THE PROPERTY SHALL BE DEMOLISHED
AND REMOVED
2) ALL EXISTING FENCES/SCREEN WALLS WITHIN THE PROPERTY SHALL BE
DEMOLISHED AND REMOVED
3) ALL EXISTING FENCES/SCREEN WALLS LOCATED ON OR NEAR THE PROPERTY LINE SHALL BE PROTECTED IN PLACE OR RELOCATED, WHERE POSSIBLE.
REVISIONS
DESCRIPTION APP DATE
OWNER/DEVELOPER:
TOFFOLI INVESTMENTS, LLC
3 HIS IItVIIVB, CAL]POItNIA 92618
SOILS ENGINEER :
ALTA CALIFORNIA GEOTECHNICAL, INC.
170 N. MAPLE STREET, SUITE 108
CORONA, CA 92880
PHONE (951) 509-7090
X
2 -4.6
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1"=20'
0 10 20 40
PREPARED BY :
9830 IRVINE CENTER DRIVE
IRVINE, CALIFORNIA 92618
(949) 9 16-3800
CONSULTING, INC. [email protected]
CIVIL ENGINEERING
LAND PLANNING & SURVEYING
WWW.CVC-INC. NET
SHEET INDEX
SHEET NO.
SHEET 1
SHEET 2
SHEET 3
t
TENTATIVE TRACT MAP
PRELIMINARY GRADING & UTILITY PLAN
CIRCULATION & PARKING PLAN
E ORANGETHORPE AVE
JEFFERSON
MIRALOMA AVE
S VAN BUREN
PROJECT
SITE
VICINITY MAP
NOT TO SCALE
OWNER/SUBDIVDER
TOFFOLI INVESTMENTS, LLC
3 HUGHES
IRVINE, CALIFORNIA 92618
PHONE: (949) 768-2535
ENGINEER INFORMATION
C&V CONSULTING, INC.
9830 IRVINE CENTER DRIVE
IRVINE, CALIFORNIA 92618
PHONE: (949) 916-3800
SOILS ENGINEER
ALTA CALIFORNIA GEOTECHNICAL, INC.
170 N. MAPLE STREET, SUITE 108
CORONA, CA 92880
PHONE: (951) 509-7090
SITE ADDRESS
503 & 513 S VAN BUREN ST
PLACENTIA, CA 92870
ASSESSOR'S PARCEL NUMBERS:
346-164-23
346-164-24
LOT AREA
EXISTING: 0.379 AC (16500 SF)
PROPOSED GROSS: 0.401 AC (17467.09 SF)
PROPOSED NET: 0.394 AC (17176.07 SF)
FLOOD ZONE
THE SUBJECT PROPERTY LIES WITHIN ZONE "X" OF FLOOD INSURANCE RATE MAP PANEL NUMBER 06059 C 0152 J, BEARING AN EFFECTIVE DATE OF 12/03/2009.
ZONE "X" DENOTES AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN.
LEGEND
CONC
ASPH
0 O M/B
O LS
❑ CB
❑ DI
o LP
O
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FH
EXISTING ESMT
CONCRETE POWER POLE
ASPHALT E GUYWIRE/ANCHOR
TREE p M METER
BUSH o POST (NO LABEL)
PALM TREE o V VALVE
MAIL BOX © MH MANHOLE
STREET LIGHT & HANDICAP
SIGN (10') 111 UB UTILITY BOX
SIGN (5') o SP STAND PIPE
LARGE SIGN POST • MW MONITOR WELL
CATCH BASIN S SEWER LINE
DROP INLET G BURIED GAS LINE
LIGHT POLE w BURIED WATER LINE
PARKING METER OH OVERHEAD WIRES
DROP INLET SCREEN WALL
SIGN A RETAINING WALL
FIRE HYDRANT ---,.-v--\TREE LINE
-.mow, BRUSH LINE
C 80705
OF CO
TENTATIVE TRACT MAP
19251
SCALE: AS SHOWN 1 DRAWN BY: JM
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RICHFIELD
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DATE: 11/28/2022
am
SHEET 1 OF 3
1 CHECKED BY: JC
CITY OF PLACENTIA
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7 OWNER/DEVELOPER:
TOFFOLI INVESTMENTS, LLC
3 Ham, 1RVIIVB, CALIFORNIA 92618
SOILS ENGINEER :
ALTA CALIFORNIA GEOTECHNICAL, INC.
170 N. MAPLE STREET, SUITE 108
CORONA, CA 92880
PHONE (951) 509-7090
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IRVINE, CALIFORNIA 926 18
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LEGEND
TRASH BIN LOCATIONS EE
2 CANS PER UNIT:
— 1 FOR TRASH
— 1 FOR RECYCLING MATERIALS
ADA PATH OF TRAVEL
UNIT NUMBER
PLAN TYPE
PROPOSED FIRE HYDRANT
EXISTING FIRE HYDRANT
PROPOSED FIRE TRUCK ACCESS
TURNING RADIUS
HAMMERHEAD TURNAROUND
'64'
7\
PARKING SUMMARY
PARKING REQUIRED:
2.15 STALLS/UNIT = 26
PARKING PROVIDED:
GARAGE STALLS = 20 STALLS
OPEN STALLS = 6 STALLS
TOTAL PROVIDED:
20 GARAGES STALLS
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TENTATIVE TRACT MAP
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wood ley
architectural
group,inc
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california // 2943 pullman st. suite A
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PLACENTIA, CALIFORNIA
NOTE: SQUARE FOOTAGE MAY VARY BASED ON CALCULATION METHODS THESE DRAWINGS ARE INTENDED FOR DESIGN DEVELOPMENT AND PRELIMINARY STUDIES ONLY AND ARE NOT TO BE USED FOR ANY OTHER PURPOSE, SUCH AS FINAL PLOTTING OR FINAL ENGINEERING. COPYRIGHT WOODLEY ARCHITECTURAL GROUP, INC. THESE DRAWINGS MAY NOT BE USED OR DUPLICATED WITHOUT THE EXPRESS WRITTEN PERMISSION OF WOODLEY ARCHITECTURAL GROUP, INC. woodley
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group,inc
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HUDSON PHASE 21 Preliminary Landscape Plan 1 Conceptual Landscape Enlargement Landsea Holding 1 Placentia, CA 1 November 22, 2022
LEGE \ID
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2. STREET TREES
3. TRANSFORMERS
4. EXISTING SCREEN HEDGE
5. ADA PARKING
6. PARKING
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TREE PLANTING LEGEND
SYMBOL BOTANICAL / COMMON NAME
LAGERSTROEMIA I. 'NATCHEZ WHITE'
WHITE CRAPE MYRTLE
PODOCARPUS GRACILIOR
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SYM BOTANICAL/COMMON NAME
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JAPANESE PRIVET
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34197 COAST HWY SUITE 200
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EXISTING WALL & FENCE LEGEND
MONUMENT SIGN WALL
6'-0" HIGH PERIMETER COLORED PRECISION BLOCK WALL
8'-0" HIGH PERIMETER COLORED PRECISION BLOCK WALL
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34197 COAST HVVY SUITE 200
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(949) 443-1446
Placentia Planning Commission
AGENDA STAFF REPORT
TO: PLANNING COMMISSION
FROM: LESLEY WHITTAKER, ASSOCIATE PLANNER
DATE: DECEMBER 13, 2022
SUBJECT: DEVELOPMENT PLAN REVIEW NO. DPR 2022-03, TENTATIVE TRACT MAP NO. TTM 19251, AND USE PERMIT NO. UP 2022-04 FOR THE DEVELOPMENT OF AN APPROXIMATELY 0.40 -GROSS ACRE SITE
WITH 12 RESIDENTIAL TOWNHOME UNITS LOCATED AT 503 & 513 S.
VAN BUREN STREET (TOFFOLI INVESTMENTS)
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1) Open Public Hearing, concerning Development Plan Review No. DPR 2022-03, Tentative Tract Map No. TTM 19251, and Use Permit No. UP 2022-04; and 2) Receive the Staff Report and consider all Public Testimony; and 3) Close the Public Hearing; and
4) Adopt Resolution No. PC -2022-20, a Resolution of the Planning Commission of the City of Placentia, approving DPR 2022-03 and UP 2022-04 and making findings to permit the development of an approximately 0.40 -gross acre lot for the construction of two, three-story, multi -family buildings consisting of 12 for - sale residential townhome units and associated hardscape and landscape improvements within the proposed High Density Residential (R-3) Zoning District on property located at 502 and 513 S. Van Buren Street and making findings that the project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) set forth in Title 14 CCR § 15332 (Class 32 — In -Fill Development Projects) and the City of Placentia Environmental Guidelines. 5) Adopt Resolution No. PC -2022-21, a Resolution of the Planning Commission of the City of Placentia, recommending that the City Council of the City of Placentia approve Tentative Tract Map 19251 to permit the subdivision of 12 townhome units for residential condominium purposes requested via DPR No. 2022-03 and UP No. 2022-04 subject to the Conditions of Approval and Standard Development Requirements; and make findings that the project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) set forth in Title 14 CCR § 15332 (Class 32 — In -Fill Development Projects) and the City of Placentia Environmental Guidelines.
Planning Commission — Toffoli Investments
December 13, 2022