Recording requested by
and when recorded return to:
CITY OF REDONDO BEACH
415 Diamond Street
Redondo Beach, CA 90277
Attn: City Clerk
No Recording Fee
Exempt pursuant to Government Code § 6103
FIRST AMENDMENT TO THE OFFICE LEASE BETWEEN THE CITY OF REDONDO BEACH AND FIRSTSTEPS FOR KIDS, INC.
This First Amendment to Office Lease (" First Amendment") is made and entered into as of December 21, 2021, by and between the City of Redondo Beach, a chartered municipal corporation (" Lessor") and FirstSteps for Kids. Inc., a California Corporation (" Lessee").
WHEREAS, Lessor and Lessee entered into a certain Lease dated as of April 6, 2021 ( the Lease"), for spaces located at 109 W. Torrance Blvd., Suite 101, Redondo Beach, CA 90277, consisting of approximately 1, 440 rentable square feet and 109 W. Torrance Blvd., Suite 1026, Redondo Beach, CA 90277, consisting of approximately 853 rentable square feet and 105 W.
Torrance Blvd., Suite 200, Redondo Beach, CA 90277, consisting of approximately 2,978 rentable square feet for a total of 5, 271 rental square feet; and WHEREAS, Lessor and Lessee desire to enter into this First Amendment to amend certain terms of this Lease to reflect the new location of premises, increase in square footage, new rental terms and revised Landlord tenant improvement contribution.
NOW, THEREFORE. for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree that this Lease shall be amended as follows:
1. Article 2 of the Lease Summary of Basic Terms is amended to state as follows. a) Premises: The space is located at 119 W. Torrance Blvd., Suite 100, Redondo Beach, CA 90277, consisting of approximately 5, 851 rentable square feet as shown on the floor plan attached hereto as Exhibit " A".
I
e) Lease Term: 5 years and I months ( 61 months) from Lease Commencement. Landlord will retain the sole option to terminate the lease upon 12 months' prior written notice. t) Lease Execution Date by Landlord: December 21, 2021
g) Lease Commencement: December 21, 2021. Tenant to commence Monthly Rental payments 30 days following execution of the lease by both parties.
D Monthly Rent: Eleven ' lhousand Seven I lundred and Two ($ 11, 702. 00) Dollars ($ 2. 00 per square foot) for the space located at 119 W. Torrance Blvd., Suite 100, Redondo Beach, CA 90277, consisting of approximately 5, 851 rentable square feet.
Base Rent shall increase by two percent( 2%) on the first and second anniversary of the Lease Commencement and three percent( 3%) on the third anniversary of the Lease Commencement and annually thereafter. One ( 1) month offree rent, upon Lease Commencement. 150% holdover rent.
j) Rentable Area of Premises: approximately 5, 851 gross square feet m) Tenant' s Share of Operating Expenses: Eight Point Sixty- Nine Percent ( 8. 69%) ofthe office area at Pier Plaza per Article 8 of this Lease.
n) Tenant Improvements: Landlord shall provide improvements at the rate of$ 3. 00 per square foot. Not to exceed $ 17, 553. 00. Exhibit" F"
o) Security Deposit: Eleven Thousand Seven Hundred Two ($ 11, 702. 00) Dollars. r) Tenant' s Addresses for Notices: 119 W. Torrance Blvd., Suite 100, Redondo Beach, CA 90277. Attn: Greg Harris
2. Exhibit" A" of the Lease providing the Legal Description and describing the Premises Floor Plan is hereby amended and restated as set forth in the attached Exhibit" A".
3. Exhibit" B" of the Lease describing the Lease Confirmation is hereby amended and restated as set forth in the attached Exhibit ' B".
4. Exhibit" E" of the Lease which constitutes the Lease Guaranty is hereby deleted in its entirety.
5. Exhibit" F" of the lease describing the Initial Leasehold Improvements is hereby amended and restated as set forth in the attached Exhibit" F".
6. Exhibit " G" of the Lease describing the Memorandum of Lease is hereby amended and restated as set forth in the attached Exhibit" G".
7. Except as expressly provided herein, all terms and provisions of the Lease shall remain 2 unchanged and shall continue in full force and effect. In the event of any inconsistency between this First Amendment and the Lease, this First Amendment shall prevail. This First Amendment may be modified or amended only by a subsequent writing executed by all of the parties.
8. The parties signing below warrant and represent that they are duly authorized to enter into and execute this First Amendment on behalf of their respective principals.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the date set forth above.
LANDLORD TENANT
CIT • RED .. i • EACH FIRSTST . PS FOR KIDS, INC.
BY [: e
Wil ' a C. Bra : Name:' _ t.
M. or roe
ATTEST: APPROVED:
eanor Manzan MC ( Dian/ Strtckfaden, Risk Manager
City Clerk
APPROVED AS TO FORM:
i
11,
Michael W. Webb
City Attorney
3 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
StCount of
Y Californial Los Angeles
on Ta.Ylu61 y4 .5
2. 021 before me, Vickie Kroneberger, Notary Public
insert name and title of the officer)
personally appeared 2 elk, ai IJr.
who proved to me on the basis of satisfactory evitlerl'ce to be the person(s) whose name(g) is/ are subscribed to the within instrument and acknowledged to me that he/sba/they executed the same in his/lief/their authorized capacity(ias), and that by his/berltheir signature($ on the instrument the. person(p), or the entity upon behalf of which the person($ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
n vitals NPONre sill Get
it._ Noprys Ptic t
County
Commission Wis Jul 2
I
7 MY Comm,. Wires JW 23, 301rI
Signature D7t.!- I.t
r,
Seal)
EXHIBIT " A"
LEGAL DESCRIPTION/ PREMISES FLOOR PLAN
Bic space located at 119 W. Torrance Boulevard. Suite 100, Redondo Beach, CA 90277 consisting of approximately 5. 851 rentable square feet, as more particularly described on the attached floor and site plans depicting the Premises.
4 EXHIBIT " B"
LEASE CONFIRMATION
TO: Tenant
DATED: December 21, 2021
Re: Office Lease( the " Lease") dated April 6, 2021, and amended thereto, by and between CITY OF REDONDO BEACH, a Chartered Municipal Corporation as Landlord, and, FIRSTSTEPS FOR KIDS, INC., a California Corporation (" Tenant"), for those premises generally referred to as 119 W. Torrance Blvd., Suite 100, Redondo Beach, CA 90277 ( the Premises") consisting of approximately 5, 851 rentable square feet.
Please acknowledge that the Lease Execution Date by Landlord of the Lease is December 21. 2021. subject to Landlord' s early termination right.
Ve ru yours,
Agent or " Lan. d"
Tenant hereby confirms the information set forth above, and further acknowledges that Landlord has fulfilled its obligations under the above- referenced Lease. lam,
11 rfe1,- 03 Name:
Title: ,.h,p 6
5 EXHIBIT" F"
INITIAL LEASEHOLD IMPROVEMENTS
Landlord shall provide leasehold improvement allowance at a rate of$ 3. 00 per square foot. Total is not to exceed $ 17, 553. 00
6 EXHIBIT " G"
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF REDONDO BEACH
415 Diamond Street
Redondo Beach, CA 90277
Attention: City Clerk
No Recording Fee
Exempt pursuant to Government Code § 6103
MEMORANDUM OF LEASE
This Memorandum of Lease(" Memorandum") is made and entered into as of December 21, 2021 by and between the CITY OF REDONDO BEACH, a Chartered Municipal Corporation, hereinafter referred to as " Landlord" and FIRSTSTEPS FOR KIDS, INC., a California Corporation, hereinafter referred to as " Tenant."
A. Landlord and Tenant have entered in a Lease ( hereinafter, " Lease") dated as of April 6, 2021, and amended by a First Amendment dated December 21, 2021 ( collectively referred to as the" Lease"), for certain premises which are located on real property which is commonly described in Exhibit A of the Lease and incorporated herein by reference ( the " Premises"). Copies of the Lcasc and First Amendment arc available for public inspection at Landlord' s office at 415 Diamond Street. Redondo Beach, CA 90277.
B. The Lease provides that a short form Memorandum shall be executed and recorded in the official Records of Los Angeles County, California.
NOW, THEREFORE, the parties hereto certify as follows:
I. Purpose of Memorandum of Lease. This Memorandum is prepared for recordation purposes only and it in no way modifies the terms, conditions, provisions and covenants of the Lease. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum and the Lease, the terms, conditions, provisions, and covenants of the Lease shalt prevail.
2. Term. This Lease has a term of 61 months from December 21. 2021, subject to Landlord' s termination rights.
3. Counterparts. This Memorandum may be executed in counterparts, each of which shall he deemed an original, but all of which shall constitute one and the same instrument. 7 IN WITNESS WHEREOF, the Landlord and Tenant hereto have executed this Memorandum of Lease in Redondo Beach, California, as of this 21" day of December, 2021.
LANDLORD TENANT
CITY OF REDONDO BEACH FIRSTSTEPS FOR KIDS. INC.
Wil am C. and Name. 4, , •
Mor hi Title: _riff?,
ATTEST:
A.I
eanor Manzano, • C
City Clerk
APPROVED AS TO FORM:
i
J
Z)//ca L, LL.G(/
Michael W. Webb
City Attorney
S
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 f a.. cttxea .. t eMeatmt stmt t4 E^. cea ac. . i.SW m mt. v< . eCxt.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of) nC PObl ES
On 12QCL-tneiZ, VA, eln\ before me, !\\ SA\ i\FLS C-coca2 t\ ' tY\ C1r N:RY ! nuc
Date Here Insert Name and Title of the Officer
personally appeared C-tRF. FORM' Sorg' Hnt s
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the per5o whose name,{sf is$ e subsc ibed to the within instrument and acknowledg jor me that he/ s / tf y executed the same in his/ her/ tf r authorized capacity( i ), and that F} y his/ Kr/their signature( s) on the instrument the person( s), or the entity upon behalf of whic the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
nisANlxo GEORGE Mnaxo- o
WITNESS my hand and official seal.
Notary Public- California
1 ire t Las Angeles County F
Commission, 2169996 PnMJ kW) Signature c hr r^' y Li/ 1 My Comm. Expires Aug 2, 2025 (
g}.p
V
j Signature of Nota ublic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
P Corporate Officer — Title( s): Corporate Officer — Title(s):
L Partner — H Limited Li General Partner — H Limited General C Individual 7 Attorney in Fact Individual C Attorney in Fact fl Trustee C Guardian or Conservator Trustee C Guardian or Conservator J Other: J Other:
Signer Is Representing: Signer Is Representing:
2016 National Notary Association • www. NationalNotary. org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 i"Th FIRSSTE- C1 OGONZALE+^L
ACORer DATE RAM/ OD/ WW1
i CERTIFICATE OF LIABILITY INSURANCE111/ PO ------ ---- 9f20211
THIS CERTIFICATE IS AFF AS A MATTER OF INFORMATION E AND CONFERSNO RIGHTSVERA CERTIFICATEHOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC 1 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 pollcy( In) 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, rights to the certificate holder In lieu of such endorsement' s)._
PRODUCER
Bolton Insurance SoMces LLC MPHONE T
we,a awl):( 626) 799-700IFAI 0 Am, No:( 626) 441- 3233 3475 E. Foothill Boulevard Suite 100 s4:
Pasadena, CA 91107
INSURER( S) AFFORDING COVERAGE NMCI
INSURER A: StarNet Insurance Company 40045
INSURED amuses e: Benchmark Insurance Company 41394
FirstSteps for Kids, Inc. muses C:
2447 Pacific Coast HWy., Ste 111 INNIRER g:
14. rmosa Beach, CA 90254- 2743
NauRER E:
INSURER F'.
COVERAGES CERTIFICATE NUMBER; REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS
1I
CLAIMS
INSURANCE
OF SUCH POzLL9YRRNHES.
5893013 01
SHOWN MAY HAVE BEEN REDUCED
O
PAID
1012022$
UNITS
1, 000, 000
0/9 POLICY EFF
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A X COMMERCIAL oexE
MED FXP, Any aneBoon S
20, 000
PERSONAL a ADV INJURY 5
1, 000, 000
GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5
3, 000, 009.
X POLICYI7 Ara C LCC PRODUCTS- COMPIPAGG. 5
3, 090, 000'
5 A AaiorwuE WBNA Ee aN SNG•.E I
1, 000, 000
ANY AUTO HHS853073701 10/ 1/ 2021 10/ 1/ 2022 BODILY IrJURY; Prp• icn. , S AUgUTOSOONLY % AUIxRTTIOS
LEFC
eODLY INJURY L Pr accident]. 5
X AIRES ONLY X AUTOS OIIL
PROPERTY AMAGE _
5 f
A X LA LIAR X OCCUR' EACH OCCURRENCE f
6, 000. 000
EXCESSCESSSSLIB a CLAIMSANDE HHS853073701 10/ 1/ 2021 10/ 1/ 2022
AGGREGATE S
S, 000, 000
CED X RETENTIONS 0
5 PE B AND EMPLOYERS' YERPExyTglSTA0TH
AMBPMROYERSw8W1Y
STATUTE ER _
ANY PROPRaTORRARTNEEECUTIVE
eaT6021028 2/ 1/ 2021 2I1I2032 EL EACH ACCIDENT $ 1, 000, OOOi R
NMEMrM EYCUDED+ YI NIA
Iv 5,
NHI E L DISEASE. EA LORI CYEE $ 1. 000. 000
serroN cacao. 1, 000, 000
CrofOPERATIONS Mw ELh Occurrence LIMIT S ff
A Pro/ LtebIIHy NH38530] 3] 01 10/ 1/ 2021 10/ 1I2022 Each Occurrence 1, 000, 000 A Sexual Abuse HHS853073701 10/ 1/ 2021 10/ 1/ 2022 Each conduct 1, 000, SexurX' WPROa OF CPERATAgr 00011
0,
101. P0M"onel Rwv, k Schedule. mY be aWCIN R cavesprue Is rtpWMl asional Liability Aggregate: 53, 000000
Sexual Abuse and Molestation Aggregate:$ 3, 000, 000
Re: Redondo Beach, Pim- Plaza, Fisherman' s Wharf, International Boardwalk 8, Redondo Beach Marina @ 119 West Torrance Blvd, Suite 100 Redondo Beach, CA 90277
GL Additional Insured per C083910515 attached, only If required by written contract/ agreement Additional Insured' s); City of Redondo Reach Including the City, Its officers. elected and appointed officials, employees, and volunteers.
L
CERTIFICATEE HOLDER CANCELLATION
SHOULD ANTOS THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Redondo Beach
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Including the City, Ns officers, elected and appointed
officials, employees, and volunteers
415 Diamond Street I AUTHORIZED REPRESENTATIVE
Redondo BeaCh, CA 90277
I 6
1.__._ _..__._
ACORD 25( 2016/ 03) 01988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
4) Liability assumed under any Insured 11. Notice To Company contract' for the ownership, maintenance, if you report an" occurrence" or offense to or use of aircraft, watercraft, or" autos'; or
your Workers' Compensation insurer
6) ' Bodily injury" or" property damage' which later becomes a claim under this arising out of the operation of any of the Coverage Part, failure to report such equipment listed in Paragraph f.( 2) or f. occurrence' or offense to us at the time of 3) of Section V- Definitions, Paragraph the" occurrence° or offense will not be
12., " Mobile Equipment': or considered a violation of the Duties In 6) An aircraft you do not own that is: The Event Of Occurrence, Offense, a) Hired, chartered, or loaned with a Claim Or Suit Condition, if you notify us crew; and
as soon as practicable when you become
aware that the" occurrence' or offense has
b) Not owned in whole or in part by any become a liability claim. insured.
J. AUTOMATIC COVERAGE FOR SPECIAL
7) This insurance does not apply, under EVENTS
Paragraph g.( 1) and g.( 2) above, if the
1. You are automatically covered for all' special insured has any other insurance for' bodily injury or" property damage' which would
events° which you organize, promote,
also apply to loss covered under this administer, sponsor, or conduct during the provision, whether the other insurance is term of this policy. primary, excess, contingent, or on any
2. Section V- Definitions is amended to add
other basis. the following paragraph:
8) This insurance is excess, under 23. " Special Event° means any event:
Paragraph g.( 6) above, aver any other a. The purpose of which Is to raise funds insurance, whether the other insurance is for you; or
primary, excess, contingent or on any b. To recognize the accomplishments of other basis.
yr
your
your
I. BROADENED COMMERCIAL GENERAL or your volunteer workers; or
LIABILITY CONDITIONS
c. Which you, or an individual or
1. Paragraph 2. Duties In The Event Of organization with whom you have Occurrence, Offense, Claims Or Suit under entered into a contract or agreement, Section IV- Commercial General Liability organize, promote, administer, Conditions is amended to add the following sponsor, or conduct for the purposes provision: described in Paragraphs a. or b.
e. Your obligation to notify us as soon as above; and
practicable of an" occurrence,' or offense d. Which takes place on premises owned under Paragraph 2. a. above, or a claim or by you, or on premises while rented or suit" or offense under Paragraphs 2. a., leased to you or to that organization
2. b., and 2. c above, is satisfied if you described in Paragraph c. above, send us written notice as soon as K. AUTOMATIC ADDITIONAL INSURED( S) practicable after any of your' executive
officers,' directors, partners, insurance The following provisions are added to Section IImanagers, or legal representatives Who Is An Insured:
becomes aware of, or should have 4. Automatic Additional insured( s) become aware of, such" occurrence,' a. Additional Insureds- Athletic Activity offense, claim or" suit' Participants
2. The following provisions are added to Section 1) This policy is amended to include as IV- Commercial General Liability an insured any person( s)[ hereinafter Conditions: called Additional Insured( s)]
10. Liberalization representing you while participating in If we adopt any revision that would
amateur athletic activities that you
broaden the coverage under this coverage
sponsor. However, no such person is
part without additional premium within 30
an insured for:
days prior to or during the policy period, a) " Medical expenses" under the broadened coverage will immediately Coverage C Medical Payments. apply to this coverage part. b) " Bodily Injury' to:
Office, Inc. used with Its permission.
I) A co- participant, your ii) Which takes place after you volunteer worker or your cease to be a tenant in that
employee' while participating premises.
in amateur athletic activities c) With respect to architects, that you sponsor; or
engineers, or surveyors, coverage
II) You, or any partner or does not apply to" Bodily Injury,' member,( if you are a Property Damage,"" Personal and
partnership or joint venture), Advertising Injury' arising out of or any member( if you are a the rendering or the failure to limited liability company); or render any professional services c) ° Property damage" to property by or for you including:
owned by, occupied or used by, I) The preparing, approving, or rented to, in the care, custody, or failing to approve or prepare control of. or over which physical maps, drawings, opinions, control is being exercised for any reports, surveys, change purpose by: orders, designs or
I) A co- participant, your specifications; and
volunteer worker, or your II) Supervisory, inspection, or employee"; or engineering services.
II) You, or any partner or d) Coverage provided herein shall be member, ( if you are a
considered excess over any other
partnership or joint venture), valid and collectible insurance or any member( if you are a available to the Additional Insured limited liability company). whether that other insurance is b. Additional Insured— Contractual primary, excess, contingent, or on Obligations any other basis unless a written
1) This policy is amended to include as
contractual arrangement
an insured any person or organization specifically requires this insurance hereinafter called Additional Insured) to be primary.
that you are required by a written e) In the event that you are engaged insured contract"; to Include as an in the manufacture or assembly of insured, subject to all of the following any goods or products for the provisions: benefit or at the direction of
a) Coverage is limited to liability another party, pursuant to a arising out of:
contract or agreement with that
I) Your ongoing operations
party, this paragraph( 0). does
not extend coverage to that party
performed for such Additional as an Additional Insured.
Insured; or Coverage for such a party will be
II) Such Additional Insured' s extended only by a specific financial control of you; or endorsement issued by us and iii) The maintenance, operation naming such party.
or use by you of equipment c. Additional Insured— Funding Sources leased to you by such 1) This policy is amended to include as Additional Insured; or
an insured any Funding Source
iv) A permit issued to you by a hereinafter called Additional Insured) state or political subdivision. which requires you in a written b) Coverage does not apply to any
contract to name such Additional
occurrence" or offense: Insured but only with respect to I) Which took place before the liability arising out of your premises or execution
your work" for such Additional
of, or subsequent to
Insured, and only to the extent set
the completion or expirationforthforth as follows:
of, the written" insured
contract"; or
CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 5 of 8 Office, Inc. used with its permission.
a) The Limits of Insurance applicable 2) With respect to the insurance afforded to the Additional Insured are the the Additional Insured identified in lesser of those specified in the Paragraph d. (1) immediately above, written contract or agreement or in the following additional provisions the Declarations for this policy and apply:
subject to all the terms, conditions
a) This insurance applies only to and exclusions for this policy. The liability arising out of the Limits of Insurance applicable to ownership, maintenance, or use of
the Additional Insured are that portion of the premises inclusive of, and not in addition to, leased to you;
the Limits of Insurance shown in
the Declarations. b) The Limits of Insurance applicable b) The coverage provided to the
to the Additional Insured are the
lesser of those specified In the
Additional Insured is not greater
written contract or agreement or in
than that customarily provided by the Declarations for this policy and the policy forms specified in and
subject to all this policy' s terms,
required by the contract.
conditions, and exclusions. The
c) In no event shall the coverages or Limits of Insurance applicable to Limits of Insurance in this the Additional Insured are
Coverage Form be increased by inclusive of, not in addition to, the such contract. Limits of Insurance shown in the
d) Coverage provided herein shall be Declarations.
considered excess over any other c) In no event shall the coverages or valid and collectible insurance Limits of Insurance in this available to the Additional Insured Coverage Part be increased by whether that other insurance is such contract or agreement. primary, excess, contingent, or on d) Coverage provided herein shall be any other basis unless a written
considered excess over any other
contractual arrangement
valid and collectible insurance
specifically requires this insurance
available to the Additional Insured
to be primary. whether that other Insurance is
d. Additional Insured— Manager or Lessor primary, excess, contingent, or on of Premises any other basis unless a written
1) This policy is amended to include as contractual arrangement an insured any person or organization specifically requires this insurance hereinafter called Additional Insured) to be primary.
from whom you lease or rent your 3) This insurance does not apply to:
premises and which requires you to a) Any" occurrence' or offense which add such person or organization as an takeslace afterbe Additional Insured in this policy under
P youcease
a tenant in the premises covered
a) A written contract; or by this endorsement; or
b) An oral agreement or contract b) Structural alteradons, new where a Certificate of Insurance construction, or demolition has been issued showing that operations performed by or on person or organization as an behalf of the Additional Insured.
Additional Insured;
e. Additional Insured— Owner, Manager,
but only if the written or oral Operator or Lessor of" Special Events" agreement is an" insured Premises
contract'; 1) This policy is amended to include as
I) Currently in effect or to an insured any person or organization become effective during the hereinafter called Additional Insured) term of this policy; and from whom you lease, rent or occupy II) Executed prior to the" bodily the premises upon which a" special injury,"" property damage,' or event" is held, sponsored or personal and advertising conducted by you, or on your behalf, injury.' under:
Office, Inc. used with its permission.
a) A written contract; or 3) This insurance does not apply to:
b) An oral agreement or contract a) Any" occurrence" or offense which where a Certificate of Insurance takes place after you cease to be has been issued showing that a tenant, licensee or occupant in person or organization as an the premises covered by this Additional Insured; but only if the endorsement; or
written or oral agreement is an b) Any acts or' occurrences' caused insured contract,' by or attributable to the owner,
i) Currently in effect or to manager, operator, or lessor of become effective during the the premises upon which the term of this policy; and special event" is held.
II) Executed prior to the" bodily f. Additional Insured- Supervisors or injury,'" property damage," or Higher In Rank
personal and advertising 1) This policy is amended to include as injury.' insured any' employees"( hereinafter
2) With respect to the insurance afforded called Additional Insured), designated the Additional Insured identified in as supervisor or higher in rank, who Paragraph s.( 1) of this endorsement, are authorized by you to exercise the following additional provisions direct or indirect supervision and apply: control over' employees" and the
a) This insurance applies only to manner in which work is performed, liability arising out of the use of but only for acts within the scope of that portion of the premises while their employment by you or while leased or rented to you for the performing duties related to the specific' special event'; conduct of your business. However, b) The Limits of Insurance applicable
none of these" employees" designated
to the Additional Insured are the
as supervisor or higher in rank, is an
lesser of those specified in the
insured for:
contract or agreement pertaining a) ° Bodily injury" or" personal and to the use of the premises or in advertising injury":
the Declarations for this policy and i) To you, to your partners or subject to all of this policy' s terms, members Of you are a conditions, and exclusions. The partnership or joint venture), Limits of Insurance applicable to or to your members( if you are the Additional Insured are a limited liability company); inclusive of, not in addition to, the II) For which there is any Limits of Insurance shown in the obligation to share damages Declarations.
with or repay someone else
c) In no event shall the coverage or who must pay damages Limits of Insurance in this because of the Injury
Coverage Form be increased by described in paragraph( a)( I) such contract or agreement. above; or
d) Coverage provided herein shall be Ili) Arising out of his or her considered excess over any other providing or failing to provide valid and collectible insurance professional health care available to the Additional Insured services.
whether that other insurance is b) " Personal and Advertising primary, excess, contingent, or on Injury:
any other basis unless a written
I) To a co-" employee' while in
contractual arrangement
the course of his or her
specifically requires this insurance
employment, or
to be primary,
II) To the spouse, child, parent,
brother or sister of that coemployee' as a consequence of Paragraph( b)( i) above;
CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 7 of 8 Office, Inc. used with Its permission.
Ili) For which there is any restitution, penalties, and formula obligation to share damages damages added to" actual
with or repay someone else damages" and any other
who must pay damages enhanced damages.
because of the injury 4) All other terms and conditions of this described in Paragraph( b)( i) Coverage Part which are not or( b)( Ii) above. inconsistent with this Paragraph h.
c) " Property damage" to property: apply to coverage extended to the i) Owned, occupied or used by; above referenced Additional Insureds or REGARDLESS OF WHETHER OR
ii) Rented to, in the care,
NOT A COPY OF THIS COVERAGE
custody, or control of, or over
PART AND/ OR ITS
which physical control is being
ENDORSEMENTS ARE DELIVERED
TO AN ADDITIONAL INSURED.
exercised for any purpose by
you, any of your" employees'
L. BLANKET WAIVER OF SUBROGATION
any partner, or member( if you Paragraph B. under Section IV— Commercial are a partnership or joint General Liability Conditions is deleted and venture), or any member( if replaced with the following:
you are a limited liability 8. Transfer of Rights Of Recovery Against company). Others To Us And Blanket Waiver Of
g. Additional Insured— LIMITATIONS Subrogation
1) The persons, entities, or organizations a. If an insured has rights to recover ail or to which coverage is extended under part of any payment we have made under Paragraphs a. ( Athletic Activity this Coverage Part, those rights are Participants), b. ( Contractual transferred to us. The insured must do Obligations), c.( Funding Sources), d. nothing after loss to impair them. At our Managers or Lessors of Premises), request, the insured will bring" suit" or and e.( Owner, Manager, Operator, or transfer those rights to us and help us Lessor of" Special Events° Premises) enforce them.
are Additional Insureds, but only. b. If required by written insured contract," a) With respect to each Additional we waive any right of recovery we may Insured' s vicarious liability for have against any person or organization actual damages" solely caused because of payments we make for injury by you or by" your work" that is or damage arising out of your ongoing ongoing for such Additional operations or" your work" done under a Insured' s supervision of your contract for that person or organization work"; and and included in the" products- completed
b) If the Additional Insured did not operations hazard." cause or contribute to the M. PRIORITY OF APPLICATION FOR MULTIPLE occurrence" or act resulting in INSUREDS
liability. Section III— Limits Of Insurance is amended to 2) If an endorsement is attached to this add the following paragraph:
policy and specifically names a person 8. In the event a claim or" suit" is brought against or organization as an Additional
more than one insured, due to" bodily injury"
Insured, then the coverage extended or" property damage' from the same under this paragraph 4. AUTOMATIC
occurrence," or" personal and advertising
ADDITIONAL INSURED( S) does not injury," from the same offense, we will apply apply to that person, entity, or the Limits of Insurance in the following order organization.
a. You;
3) The following is added to Section V—
Definitions:
b. Your" executive officers," directors,
24. " Actual Damages" is to have its
employees,' and
usual and customary legal c. Any other insureds in any order that we meaning and excludes without
choose,
limitation, punitive damages,
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Office, Inc. used with its permission.
State of California
County of Los Angeles
On 20 before me,
a Notary Public, personally appeared
who proved to me on the basis of satisfactory
evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/ their authorized capacity( ies). and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
State of California
County of Los Angeles
On 20 before me,
a Notary Public, personally appeared
who proved to me on the basis of satisfactory
evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/ her/ their authorized capacity( ies). and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ Seal)
9