FIRST AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND R. P. LAURAIN AND ASSOCIATES, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES ("First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and R. P. Laurain and Associates, Inc., a California corporation ("Consultant").
WHEREAS, on October 1, 2024, the parties hereto originally entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and
WHEREAS, the parties hereto wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", which adds appraisal services for three subject properties. Exhibit "A-1" is attached hereto and incorporated by reference. Consultant shall commence and complete all services described in Exhibits "A" and "A-1".
2. COMPENSATION. Exhibit "C" of the Agreement is hereby amended to add Exhibit "C-1", which increases Consultant's compensation by $19,800, thereby setting a new limit of $25,600, and amends the notice provisions. Exhibit "C-1" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibits "A" and "A-1".
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this -irst Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreements with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
SIGNATURES ON NEXT PAGE
1 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 11th day of February, 2025.
CITY OF REDONDO BEACH, R. P. LAURAIN AND ASSOCIATES, INC., a chartered municipal corporation a California corporation - Signed by:
Jolen P. Laurian, President
5195392B5684487...
By:
James A. Light, Mayor Name: John P. Laurian
Title: President
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
2 EXHIBIT "A-1"
SCOPE OF SERVICES
CONSULTANT'S DUTIES
Consultant shall perform the following duties in connection with the appraisal of the property identified below:
A. Preparation of the Appraisal Report
Mal prepare a) davier an Cipraisal Repoof trench or to role propelans.
1. APN 4158-033-900 - Single Family Residential Property a. The subject property is identified as 4158-033-900, containing 11,160 square feet.
b. The subject property is zoned R1 (Single Family Residential) and is owned by the City.
c. While the General Plan land use designation is Institutional, in the absence of public use, it is reasonably probable to assume that the site could be split into two single family residential lots. d. Consultant shall apply the Sales Comparison Approach.
2. APN 4150-024-901 - Anderson Park Senior Center
a. The Anderson Park Senior Center represents a portion of the larger Anderson Park, which is jointly owned by the City and City School District. b. The appraised portion corresponds to the Anderson Park Senior Center, located at 3007 Vail Avenue, Redondo Beach, 90278. The subject property is part of APN 4150-024-901, which is owned by the City School District.
c. It is zoned P-PRO (Public-Parks, Recreation, Open Space), with a General Plan land use designation of Institutional.
d. Consultant shall determine the approximate land area of the subject property, based upon the description, attached hereto as Attachment "A- 1", outlining the proposed acquisition area.
e. Consultant shall conduct a full on-site inspection, including the following:
i. Measuring the senior center building.
ii. Taking photographs of the senior center building.
ili. Assessing and taking notes on construction and build-out quality. f. Consultant shall apply the Sales Comparison Approach. g. Consultant shall also apply the Cost Approach.
3. APN 7520-001-902 - Shooting Range and Public Works Yard a. The subject property represents the City's shooting range and public works yard, located at 1513 Beryl Street, Redondo Beach 90503. b. The subject property is owned by the City of Redondo Beach, and represents a portion of APN 7520-001-902. It is within the P-PRO (Public- 3 Parks, Recreation, Open Space) zone district, with a General Plan land use designation of Utility. While the site is currently improved with various office and shop buildings, the purpose of the appraisal will be to determine the underlying value of the land only, with no regard to the existing on-site improvements. The approximate land area of the subject property will be determined, as part of the appraisal.
c. Consultant shall conduct the Sales Comparison Approach under two scenarios, as follows:
i. As open space land, based on the property's current P-PRO zoning and Utility land use designation.
ii. Based on the highest and best private use, which may include commercial or industrial development potential.
B. Property Inspection
As part of the appraisal process, Consultant shall conduct an on-site inspection of the subject properties described in Section A of this Exhibit "A". The inspection shall include, but is not limited to, the following tasks:
1. Familiarization with the physical and functional characteristics of each subject property.
2. Evaluation of the immediate physical environment and its influence on each subject property, as well as the general economic environment.
3. Photographing each subject property and adjacent streets.
4. Measurement of each subject property and documentation of pertinent construction details.
5. Determination of the current fair market value of the unencumbered fee simple interest in each subject property as of a current date.
C. Sales Comparison Approach
For each subject property identified in Section A of this Exhibit "A", Consultant shall conduct a detailed analysis comparing the subject property to properties recently sold, and reasonably comparable residential land parcels in the greater subject market area.
D. Cost Approach
For APN 4150-024-901, Consultant shall apply the Cost Approach method to:
1. Determine the depreciated value of the existing on-site improvements, including the Senior Center building, paving, and landscaping.
2. Calculate the total appraisal value by adding the land value and the depreciated value of improvements.
4 This approach shall only be applied to APN 4150-024-901 and does not apply to the other subject properties listed in Section A of this Exhibit "A".
E. Appraisal Report Contents
Consultant shall ensure that the Appraisal Report includes a comprehensive Market Data section for each subject property, which shall contain:
1. Detailed descriptions of each comparable sale used in the analysis.
2. Photographs of each comparable sale property.
3. A map showing the location of each comparable sale property and the Subject Property.
F. Compliance with Uniform Standards of Professional Appraisal Practice For each subject property, Consultant shall prepare the Appraisal Report in compliance with the Uniform Standards of Professional Appraisal Practice ("USPAP") as a complete Appraisal Report in narrative format. The final report shall be delivered to the City in electronic PDF format.
ATTACHMENT "A-1"
APN 4150-024-901 - ANDERSON PARK SENIOR CENTER DESCRIPTION The description for APN 4150-024-901 is attached.
PINCKARD AVE WHITE CT
VAIL AVE
FARRELL AVE
PINCKARD AVE
Anderson
Park
VATL AVE
MAY AVE
4150024901.
Lincoln
School VAIL AVE MAY AVE
Lincoln TIMOTHY AVE
School
VAIL AVE
PLANT AVE PLANT AVE
Anderson Park Senior Center and Associated
N Parking Area
REDONDO
A 3007 VAIL AVE BEACH
APN: 4150024901
School District Property
Coordinate System: NAD 1983 StatePlane California V FIPS 0405 Feet Exported: 12/6/2024 EXHIBIT "C-1"
COMPENSATION
Provided Consultant is not in default under the Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be compensated in the amount of $19,800 for all the services described in Exhibit "A-1" of the First Amendment. The cost for the services for each parcel shall be as follows:
No. [APN Parcel Appraisal Amount
1 APN 4158-033-900 - Single Family Residential Property $ 5,200 2 APN 4150-024-901 - Anderson Park Senior Center $ 7,200 3 APN 7520-001-902 - Shooting Range and Public Works Yard $ 7,400 Total Amount $19,800
In no event shall the total compensation paid to Consultant exceed $25,600 under the Agreement and any amendments hereto.
B. METHOD OF PAYMENT. Consultant shall submit invoice(s) after the completion of services, specifying the dates of service, the tasks and services performed, and the corresponding amounts, for the City's review and approval. Invoice(s) must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within forty-five (45) days of receipt of invoice(s), provided, however, that services are completed to City's full satisfaction and there is no dispute over the amount.
D Noted ali, pentage pre bad, or per only a sealer rear in parties.
Consultant: R. P. Laurain & Associates, Inc.
3353 Linden Avenue, Suite 200
Long Beach, CA 90807
Attention: John P. Laurian, President
City: City of Redondo Beach
City Manager's Office
115 Diamond Street
Redondo Beach, CA 90277
Attention: Luke Smude, Assistant to the City Manager
7 All notices, including notices of address changes, provided under the Agreement are deemed received as follows: (1) on the third day after mailing if sent by registered or certified mail; or (2) upon personal delivery. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party in accordance with this section.
Client#: 394653 RPLAURAI
DATE (MM/DD/YYYY)
ACORD™ CERTIFICATE OF LIABILITY INSURANCE 9/12/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsements).
PRODUCER NAMEACT Patricia Ayala
USI Insurance Services LLC PAC, No, Ex: 949-668-1805 [FAC. No):
2375 E. Camelback Road, Suite 250 ADDREss: [email protected] E-MAIL Phoenix, AZ 85016 INSURERS) AFFORDING COVERAGE NAIC #
877 468-6516 INSURERA: ACE Property & Casualty Insurance Co 20699 INSURED INSURER B: Preferred Employers Ins Company 10900 R.P. Laurain & Associates Inc. INSURER C: Allmerica Financial Benefit ins. Co. 41840 3353 Linden Avenue Ste 200
INSURER D:
Long Beach, CA 90807
INSURER E:
INSURER F:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERI CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIN
TYPE OF INSURANCE ISR WVE POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY D02133386 02/11/2024 02/11/2025 EACH OCCURRENCE $2,000,000 X OCCUR BREASES a curence) $1,000,000
CLAIMS-MADE
MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO- $4,000,000
POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY АНЗА89863208 02/11/2024 02/11/2025 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person)
AUTOS ONLY SCHEDULED BODILY INJURY (Per accident) s
AUTOS PROPERTY DAMAGE
X AUROS ONLY X NON-OWNED
AUTOS ONLY Per accident)
A X UMBRELLA LIAB OCCUR D02133398 02/11/2024 02/11/2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $5,000,000
DED | X RETENTION S10000
B WORKERS COMPENSATION WKN1653066 02/11/2024 02/11/2025 X STATUTE
AND EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $1,000,000
Y NIA EL DISEASE - EA EMPLOYEE $1,000,000
(Mandatory in NH)
es, describe und
SCRIPTION OF OPERATIONS bel E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Redondo Beach, it's officers, officials, employees, agents, and volunteers are named as additional insured with respect to General Liability and Auto Liability as per written contract.
Primary and Non-Contributory wording applies. Waiver of Subrogation applies with respects to Workers Compensation.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Redondo Beach ACCORDANCE WITH THE POLICY PROVISIONS THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department
Engineering Services Division
415 Diamond Street AUTHORIZED REPRESENTATIVE
Redondo Beach, CA 90277
So Zorin
© 1938-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) #546128649M436898691 The ACORD name and logo are registered marks of ACORD PYAJG
This page has been left blank intentionally.
BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT
Named Insured Endorsement Number
RP LAURAIN & ASSOCIATES, INC BOP47635a0716
Policy Symbol Policy Number Policy Period Effective Date of Endorsement D02133386 02-11-2024 to 02-11-2025 02-11-2024
Issued By (Name of Insurance Company)
ACE Property And Casualty Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
TABLE OF CONTENTS
Page
Supplementary Payments - Bail Bonds And Bonds To Appeal Judgments - No Sublimit Medical Expenses - Three Years To Report Expenses
Non-Owned Watercraft Under 55 Feet 2
Non-Owned Aircraft
Damage To Property - Exception For Equipment Loaned Or Rented To Insured Who Is An Insured - Subsidiaries Or Newly Acquired Or Formed Organizations Who Is An Insured -Employees (Including For CPR and First Aid) And Volunteer Workers Additional Insured - Lessor Of Leased Equipment
Additional Insured - Managers Or Lessors Of Premises
Additional Insured - Vendors
Additional Insured - Other Persons Or Organizations Pursuant To Contract Or Agreement Damage To Premises Rented To You - $1,000,000 7
Per Location General Aggregate Limit With Combined Total Aggregate Limit Knowledge/Notice Of Occurrence 9
Bodily Injury, Including Resulting Mental Anguish
Coverage Territory, Limited Worldwide
Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10
Other Insurance, Including Primary Provision 10
Waiver Of Subrogation Required By Contract 11
This endorsement modifies the coverages provided under the Businessowners Coverage Form.
Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate.
A. SUPPLEMENTARY PAYMENTS - BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section Il - Liability, Paragraph A. Coverages, 1. f. Coverage Extension - Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following:
(b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds.
B. MEDICAL EXPENSES - THREE YEARS TO REPORT EXPENSES
In Section II - Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET
In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT
In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g.
Aircraft, Auto or Watercraft in Section I| - Liability:
This exclusion does not apply to an aircraft you do not own provided:
1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. It is rented with a trained, paid crew; and
3. It does not transport persons or cargo for a charge.
E. DAMAGE TO PROPERTY - EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k.
Damage To Property:
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site.
F. WHO IS AN INSURED - SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following:
If there is no other insurance available, each of the following is also a Named Insured:
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 2 of 11
1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or
2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization.
G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following:
2. Each of the following is also an insured:
a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured (1) "Bodily injury" or "personal and advertising injury":
(a) To you, to any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or to any co-"employee" while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business;
(b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above.
With respect to "bodily injury" only, the limitations described in Paragraph 2.a. (1) above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds. The limitations also do not apply to your "employees" as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an "employee".
(2) "Property damage" to any property owned, occupied or used by you or by any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or by any of your "employees". This limitation does not apply to "property damage" to premises while rented to you or temporarily occupied by you with the b. Your "volunteer workers", but only while acting within the scope of their activities for you and at your direction.
H. ADDITIONAL INSUREDS
In Section II - Liability, Paragraph C. Who is an Insured, the following is added:
2. Each of the following is also an insured:
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 3 of 11
LESSOR OF LEASED EQUIPMENT
e. Any person or organization from whom you lease equipment, but only with respect to 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 and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy.
However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.
MANAGERS OR LESSORS OF PREMISES
f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this However, the insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
(1) Any "occurrence" that takes place after you cease to be a tenant in such premises. (2) Structural alterations, new construction or demolition operations performed by or for such additional insureds.
VENDORS
g. Any person or organization who is a vendor of "your products", 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.
However:
(1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor.
With respect to the insurance afforded to these vendors, the following additional exclusions apply:
(1) This insurance afforded the vendor 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 the 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 (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 Subparagraph (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.
Labrey and elia Expenses into of in urades: the folowing is added to Paragraph D If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance:
(1) Required by the contract or agreement; or
(3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such nsurance as is afforded by this policy. However, such a person or organization is an insured only (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and
(2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement.
No person or organization is an insured under this provision:
(1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement.
However, the insurance afforded to such persons or organizations:
(1) Only applies to the extent permitted by law; and
(2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
The following is added at the end of Paragraph C. Who Is An Insured:
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.
However, no person or organization is an insured with respect to the:
a. Ownership, maintenance or use of any assets; or
b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any:
(1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed.
With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance:
The most we will pay on behalf of such person or organization is the amount of insurance:
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or
(2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less.
This shall not increase the applicable Limits Of Insurance shown in the Declarations.
I. DAMAGE TO PREMISES RENTED TO YOU - $1,000,000
In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs
3. and 4. are deleted and replaced with the following:
3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000.
4. Aggregate Limits
The most we will pay for:
a. All "bodily injury" and "property damage" that is included in the "products-completed operations hazard" is twice the Liability and Medical Expenses limit. b. All:
(1) "Bodily injury" and "property damage" except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; (2) Plus medical expenses;
(3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit.
The Limits of Insurance of Section II - Liability apply separately to each consecutive annual perioc 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 eriod of less than 12 months. In that case. the additional period will be deemed part of the las preceding period for purposes of determining the Limits of Insurance.
J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added:
1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages hat the insured becomes legally obligated to pay for all "bodily injury" and "property damage" cause by "occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single ВOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 7 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. completed operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of:
(1) Insureds;
(2) Claims made or "suits" brought; or
(3) Persons or organizations making claims or bringing "suits".
C. y payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses sh duce the separate Location General Aggregate Limit for that "location". Such payments sh not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other "location".
d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit.
2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or "property damage" caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and
b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single "location".
3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of "locations".
Any payments we make for "bodily injury" or "property damage" included in the "products-completed
5. As used in this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
K. KNOWLEDGE/NOTICE OF OCCURRENCE
In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following:
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 11 e. Knowledge of an "occurrence" or offense by an agent or "employee" of the insured will not constitute knowledge by the insured, unless an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee knows about such "occurrence" or offense. Failure of an agent or "employee" of the insured, other than an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee, to notify us of an "occurrence" or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim.
L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH
in Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following:
3. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease;
sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease.
M. COVERAGE TERRITORY, LIMITED WORLDWIDE
In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following:
4. "Coverage territory" means all parts of the world.
However, "coverage territory" does not include any:
a. "Bodily injury" or "property damage" that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico unless the insured's responsibility to pay damages is determined by a "suit" on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or
b. Injury or damage in connection with any "suit" brought outside the United States of America (includina its possessions and territories), Canada and Puerto Rico N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following:
h. Discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex unless committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured.
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 9 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
In Section Ill - Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph:
Unintentional failure of an "employee" of the insured to disclose a hazard or other material information will not violate this condition, unless an "executive officer" (whether or not an "employee") of any insured knows about such hazard or other material information.
P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION
In Section Ill - Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following:
H. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below.
2. Excess Insurance
a. This insurance is excess over:
(1) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
(b) That is insurance that applies to "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty 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.
c. 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;
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part
3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit 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.
Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT
In Section III - Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following:
2. Applicable to Businessowners Liability Coverage:
We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss.
To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, 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 paragraph does not apply to Medical Expenses Coverage.
All other terms and conditions of the policy remain unchanged.
BOP-47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 11 of 11
BUSINESSOWNERS
BP 14 88 07 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
Cordine on span or a poor to a
contrary:
Primary And Noncontributory Insurance insured.
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
1. The additional insured is a Named Insured
under such other insurance; and
BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1