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1988-1115_SELIGMAN WESTERN ENTERPRISES_Notice of CompletionRECORDED IN OFFICIAL RECORDS 88—rnJ�46Z7 OF ORANGE COUNTY, CALIFORNIA P.M. NOV 18 1988 EX -EM-P T-1 C4 Q•RECORDER C8 RECORDED AT THE REQUEST OF RECORDING FEES EXEMPT DUE TO AND RETU_ RN TO: GOVERNMENT CODE SECTION 6103 City of San Juan Capistrano City Clerk's Department 32400 Paseo Adelanto Mary Ann over, City Clerk San Juan Capistrano, CA 92675 City of n Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the agreement between the City of San Juan Capistrano, California, and Seligman Western Enterprises, 5100 E. La Palma, #202, Anaheim Hills, California 92807, requires the subdivider to complete the following to wit: CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONJUNCTION WITH PM 87-476 IN THE CITY OF SAN JUAN CAPISTRANO That said work was completed by said subdivider according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City Council of the City of San Juan Capistrano, at a regular meeting thereof held on the 15th day of November. , 1988 , by Resolution No. 88-11-15-1 That upon said agreement, Farmers & Merchants Bank was surety for the letters of credit given by the said subdivider. Dated at San Juan Capistrano, California, this 16th day of November , 1988 C Mary Ann WnKer, City Clerk City of ScM Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify under penalty of perjury that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Council. Dated at San Juan Capistrano this 16th day of November , 1988 Mary Ann H er, City Clerk City of SanJuan Capistrano RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -10 So JUN 13'88 u J vs—x� COUNTY ecnnc..� EXEMPT C6 „c8�277563 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 MARY ANN HA OVER, Cit Clerks San Juan Capistrano, California PROJECT: PM 87-476 (AC 87-9) THIS AGREEMENT, made pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, by and between the City of San Juan Capistrano, a Municipal Corporation, hereinafter called the "CITY" and Seligman Western Enterprises, whose mailing address is 2100 Howell Ave., 6109, Anaheim, CA 92807, hereinafter called the "DEVELOPER". WITNESSETH: WHEREAS, the CITY has conditionally approved PM 87-476; and WHEREAS, DEVELOPER desires to postpone the completion of the public and/or private improvements until August 31, 1988, the completion date indicated on the Construction Schedule, Exhibit "A", Attached; and WHEREAS, in consideration of the CITY's approval of the request for postponement of the completion of the improvements, DEVELOPER has agreed to provide such security as may be required by CITY to guarantee that all improvements for PM 87-476 will be installed in a timely manner. NOW, THEREFORE, in consideration of the premises and promises hereinafter contained CITY and DEVELOPER agree as follows: 1. DEVELOPER shall, at its sole cost and expense, provide and furnish all labor, materials and equipment for the installation of improvements for PM 87-476 shown on the Improvement Plans and Specifications approved by the CITY; all such plans and specifications are on file in the office of the City Engineer and are incorporated herein by reference. "Improvements" include: all off-site grading work; paving of all streets, alleys and public service easements; construction of concrete curbs, gutters, and sidewalks; installation of storm drainage and sanitary sewerage facilities; installation of underground conduit street lighting system; the supplying and planting of all parkway trees; the installation of all appurtenances; the furnishing of all engineering costs and services to do and complete said work; and to do and complete all other acts and obligations required by the CITY as condition of the approval of the project. The City Engineer shall approve the estimated costs of said improvements to be used for the security required herein. w • 88-277563 PROCT - PM 87-476 2. DEVELOPER shall at its sole cost and expense, provide and install all on- site water mains and appurtenances and shall provide all labor and materials to connect the same to existing mains and facilities of the Capistrano Valley Water District, in accordance with all of the requirements of said District. 3. DEVELOPER agrees to pay all applicable fees imposed by CITY's ordinance and resolutions as conditions of approval of PM 87-476 and the improvements therefor. 4. DEVELOPER will provide letters of credit as follows: a. Faithful Performance in the amount of $150,880; b. Labor and Material in the amount of $150,880; c. Monumentation in the amount of $1,500. The letters of credit shall be approved by the City Attorney. 5. The City Engineer of the City of San Juan Capistrano may make such changes, alterations or additions to the plans and specifications for said work and improvements which do not exceed ten percent (10%) of the total estimated cost set forth in paragraph 4 above, as may be determined necessary and desirable by him for the proper completion of said work and improvement or as required for the safety and welfare of the public and no such changes, alterations or additions shall relieve the DEVELOPER from the faithful performance of this agreement. 6. DEVELOPER agrees to complete all of said work and improvement and to pay all costs specified herein by August 31, 1988. If additional time is needed, an extension may be granted by the City Engineer on the showing of good cause. Any such extension shall, however, be subject to all of the terms and conditions of this agreement, and any surety or other security shall continue in full force and effect until the work and improvement has been accepted by the CITY. 7. DEVELOPER agrees that CITY may, without any notice, and at its sole option, at any time after the time for completion has passed, complete, or cause to be completed, all or any part of the said work, and DEVELOPER shall pay to said CITY, upon demand, all of the cost of any of said work done by the CITY, its agents and contractors, or any of them, to complete all or any part of said work. 8. DEVELOPER agrees to pay CITY such sum as the Court may adjudge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this instrument, and such sum shall be made a part of any judgment in such action against the DEVELOPER if such action is determined in favor of the said CITY. 9. CITY, its officers and employees, except for their own acts shall not be liable or responsible for any accident, loss or damage happening or occurring to the improvements specified in this agreement prior to the completion and acceptance of said improvements by the CITY. 10. DEVELOPER shall perform all work in a safe workmanlike manner and shall take such precautions as may be necessary to warn and protect the public from any dangerous condition caused by the construction of said improvements. CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange 88-277563 NO. 202 On this the 25thday of May 19 88 , before me, 1 A. Johnson the undersigned Notary Public, personally appeared Fred M. Sel ure personally known tome OFFICIAL SEAL Jc proved to me on the basis of satisfactory evidence CHERYL A JOHNSON to be the person(s) who executed the within instrument as R.NIA NOTARY PUBLIC - COUNTY OfL0.N6E COUNTY president or on behalf of the corporation therein My comm. expires NOV 11, 1989 named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ure 0 88-277563 PWCT - PM 87-476 11. DEVELOPER shall hold CITY, its officers and employees harmless from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of, the acts or omissions of the DEVELOPER, his contractor, sub -contractors, agents or employees in the performance of this agreement. DEVELOPER shall maintain liability insurance in the amount of $1,000,000 combined single limit at all times during the life of this agreement, naming the CMTY as a co-insured 12. CITY agrees, in consideration of the promises herein made by DEVELOPER, to permit the DEVELOPER to complete installation of improvements for PM 87-476 by August 31, 1988. IN WITNESS WHEREOF, the parties have executed this agreement as of June 7. 1988 Date ATTEST: APPROVED AS TO FORM: CITY O SAN JUAN CAPISTRANO Y L. VAUSDORFER, MAYOR DEVELOPER BY -1 6EVELOPER�✓ N/B6re��widP6�� BY CORPORATE ACKNOWLEDGMENT State of Cat i forni a } SS. County of Orange JI OFFICIAL SEAL CHERYL A JOHNSON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm, expires NOV 11, 1989 CORPORATE'ACKNOWLEDGMENT State of California SS. County of Orange M EEALiSONALIFORNIANTYEB 15, 1992 88-277563 NO. 202 On this the 7th day of June 19 88 , before me, Cheryl A. Johnson the undersigned Notary Public, personally appeared L. Hausdorfer I personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(%who executed the within instrumenmunicippal Deputy City Clerk or on behalf.of�.tUhe,�orporatiOn therein named, and acknowledged to me that thVc ro poranon executed it. WITNESS my hand and official seal. NO, 202 On this the 8th day of June 19 88 , before me, Mary A. Carlson the undersigned Notary Public, personally appeared Cheryl A- Johnson , ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(g) who executed the within instrument as munici a Deputy City Clerk or onbehalf.of.the�orporatI nf�erein mun>c a named, and acknowledged to me that thacorpora on executed it. WITNESS my hand and official seal. ]120 122 NATIONAL NOTARY ASSOCIATION • 23012VenW.1311tl. • P.O.Box4628 Wootllantl Hill; CA 91385-4828 1 88-277563 0 nn EXHIBIT "A" C. ont,LR.ct Engi12FE2ing LI E# (fivit r ngi"Lliny - 1'and cSucveyiny May 24, 1988 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 At.tPnti-on: Mr. Ted Simon City Engineer Reference: Seligman / San Juan Capistrano Business Park Dear Ted: The following is an estimated schedule of construction activity for the referenced site. 1) Site Grading/Demolition................. 3 weeks 2) Onsite Improvements (Water, Sewer, Street Lighting) ....................... 4 weeks 3) Fine Grade, A.C. Pavement, Concrete Flatwork...................... 2 weeks Please note that this is an estimation of time in accordance with Mr. Fred Seligman's anticipated schedule. Very truly yours, CONTRACT ENGINEERING CORP. Dave Chapin DC/h r 5100 E. LA PALMA AVENUE, SUITE 119 Ak6 ANAHEIM, CALIFORNIA 92807 Ak PHONE (714) 970-1991 FAX 970-1867 0 June 10, 1988 Mr. Fred Seligman 2100 Howel Avenue, #109 Anaheim, California 92807 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Re: Final Map 87-476 and Improvement Agreement (Seligman) Dear Mr. Seligman: The City Council of the City of San Juan Capistrano at its regular meeting held June 7, 1988, approved the Improvement Agreement and Final Map 87-476. A fully -executed copy of the Agreement is enclosed for your records. The City's copy of the Agreement has been forwarded to the County for recording. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann H over, CMC City Clerk MAH/mac Enclosure cc: Director of Public Works Contract Engineering 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 I I. DEL OBISPO/CAMINO DEL AVION TRAFFIC SAFETY As set forth in the report dated June 7, 1988, from the Director of Public Works, the construction of the Del Obispo Street/Camino Del Avion Traffic Safety Project was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 88-6-7-2, COMPLETION OF THE DEL OBISPO STREET/CAMINO DEL AVION TRAFFIC SAFETY PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE DEL OBISPO STREET/CAMINO DEL AVION TRAFFIC SAFETY PROJECT (HAUSCHILD CONSTRUCTION) The Resolution accepted the work as complete in the amount of $415,936.69, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $41,593.67, 35 days after recording the Notice of Completion. 12. ACCEPTANCE OF VEHICULAR EASEMENT ARCHITECTURAL CONTROL 87-6 LLOYD ENTERPRISES 670.50 As set forth in the report dated June 7, 1988, from the City Attorney, the following Resolution accepting an easement for vehicular ingress and egress access on Calle Arroyo from Calle Arroyo Partners, pursuant to Condition 8 of Architectural Control 87-6: RESOLUTION NO. 88-6-7-3, ACCEPTING EASEMENT DEED - CALLE ARROYO PARTNERS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING EASEMENT DEED FOR VEHICULAR INGRESS AND EGRESS, PARCEL 26, PARCEL MAP 79-856 (CALLE ARROYO PARTNERS) 13. FINAL PARCEL MAP 87-476 AND IMPR NFT rr.MAn (nn.w As set forth in the report dated June 7, 1988, from the Director of Public Works, Final Parcel Map 87-476 and the Improvement Agreement for the Map were approved, based on the finding that the Final Map is in substantial conformance with the approved Tentative Map. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City for forwarding to the County Recorder. The City Engineer and City Clerk were authorized to execute the Final Map for forwarding to the County Recorder. -5- 6/7/88 AGENDA ITEM June 7, 1988 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Final Map 87-476 and Improvement Agreement (Seligman) SITUATION Seligman Western Enterprises has submitted the above referenced map in order to consolidate their property from five to one commercial parcel. The property is located at the cul-de-sac of Paseo Espada. The Engineering Division has reviewed the Final Map and found it to be in conformance with the Subdivision Map Act and the conditions required by the Tentative Map approval, Resolution 88-4-5-1. An Improvement Agreement for Paseo Espada reconstruction, sewer and storm drain improvements, is herein submitted for Council acceptance. NOTIFICATION Fred Seligman (Property Owner) Contract Engineering (Project Engineer) COMMISSION/BOARD REVIEW, RECOMMENDATIONS The Tentative Map was reviewed by the Environmental Review Board, Traffic and Transportation Commission, and the Planning Commission. FINANCIAL CONSIDERATIONS All fees and letters of credit required prior to approval of the map have been paid. ALTERNATE ACTIONS 1. Approve the Improvement Agreement and Final Map 87-476. 2. Do not approve the Improvement Agreement and do not approve Final Map 87-476. 3. Request further information from Staff. RECOMMENDATION By motion, approve the Improvement Agreement and Final Map 476, based on the finding that the Final Map is in substantial conformance to the Tentative Map. Authorize the City Engineer and City Clerk to execute the map; request that the City Clerk record the Map; and direct the Mayor and City Clerk to execute and record the agreement. W. D. Murp(iy\7 WDM/RAF:nb F13 0 December 26, 1988 - iII(II110 D ��nnxG 1961 1776 Mr. Robert Yonkers, Executive Vice President Farmers do Merchants Bank 302 Pine Avenue Long Beach, CA 90802 Re: Release of Labor and Dear Mr. Yonkers: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Enclosed are certified copies of Irrevocable Letter of Credit No. 797, dated May 20, 1988, drawn on Farmers do Merchants Bank in the amount of $1,500, for monumentation purposes, and Irrevocable Letter of Credit No. 792, dated May 20, 1988, drawn on Farmers do Merchants Bank in the amount of $150,880.00 for labor and material purposes. The project covered under these two bonds is completed and the above numbered Letters of Credit were cancelled effective December 23, 1988. Irrevocable Letter of Credit No. 791 for faithful performance is to be held until November 15, 1989. If you have any further questions or require any further documentation, please do not hesitate to contact us. Very tru yours, G� Robert B. Boone Administrative Services Director RGB/ef Enclosures cc: Mr. Charles Hukari Farmers & Merchants Bank (with copies of enclosures) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92.675 0 (714) 493-1171 TIO A ° ell o s►�F(�O m° p10 Q° ♦ ON • �� oP�y N RTH r ati �� a\3zti ►� r 3'' 'ZOP i a G Z I M,DRN`� u Q 040P L R v ro J if ST ^ G ��ry Q, 0 26782 �V. 6 y04 �11% JN N " P.M. 87-4 U � $ SN SPRING ST 3isoil G SAN ,y JUAN MISSION V 71— 263 28372 � r J N ST F ST ft S GQy Q T II Q ` A. ]I .. DEL .:16 6 T, 12+7 OP / P ; AVENID b J P ROP AAVENIDA p J a L N aP ow -LE QP AV IIIA i a OJpy Pv�' L4 O QPy al1P V ii9 OP0 4�T 9F' y�(f. L 0 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following documents: 1. Irrevocable Letter of Credit No. 797, dated May 20, 1988, drawn on Farmers do Merchants Bank, in the amount of $1,500 and regarding the Seligman Western Enterprises, Ltd., project. 2. Irrevocable Letter of Credit No. 792, dated May 20, 1988, drawn on Farmers do Merchants Bank, in the amount of $150,880.00 and regarding the Seligman Western Enterprises, Ltd., project. (SEAL) WARY ANN OVER, City Clerk San Juan C istrano, California DATED: THIS 27th day of December, 1988. • May 20, 1988 1 STRONG • COh'SERYAT/VE • FRIENDLY IRREVOCABLE LETTER OF CREDIT NO. 797 City of San Juan Capistrano !\ I!a�L�� 32400 Paseo Adelanto �U V ila li_ t• �{% San Juan Capistrano, California 92675 Attn: Stephen B. Julian, City Manager Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and SELIGMAN WESTERN ENTERPRISES, LTD., 5100 E. La Palma, Suite 202, Anaheim, California 92807, hereinafter referred to as "Principal" covering certain improvements to be installed for labor and material for monumentation in that certain subdivision known and designated as PASED ESPADA PM 87-476 by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. 797 in the amount of $1,500.00 (ONE THOUSAND FIVE HUNDRED AND N0/100 U.S. DOLLARS), to be paid by drafts at sight on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. Each draft must bear on its face "Drawn under Farmers & Merchants Bank Letter of Credit No. 797 dated May 20, 1988." This credit is subject, so far as applicable to the "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." This Letter of Credit expires at our Main Office, 302 Pine Avenue, Long Beach, California 90802, at the close of business on November 20, 1989. Farmers & Merchants Bank of Long Beach Irrevocable Letter of Credit No. 797 Seligman Western Enterprises May 20, 1988 Page 2 of 2 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Sincerely, FARMS _& MERCHANTS BAM OF LONG BEACH ELM, December 23, 1988, Irrevocable Letter of Credit No. 797 released. dl yam-, May 20, 1988 STRONG- CONSERVATIVE • FRIENDLY IRREVOCABLE LETTER OF CREDIT NO. 792 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen B. Julian, City Manager. Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and SELIGMAN WESTERN ENTERPRISES, LTD., 5100 E. La Palma, Suite 202, Anaheim, California 92807,hereinafter referred to as "Principal" covering certain improvements to be installed for materials and labor for street improvements in that certain subdivision known and designated as PASEO ESPADA PM 87-476 by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. 792 in the amount of $150,880.00 (ONE HUNDRED FIFTY THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND N0/100 U.S. DOLLARS), to be paid by drafts at sight on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. Each draft must bear on its face "Drawn under Farmers & Merchants Bank Letter of Credit No. 792 dated May 20, 1988." This credit is subject, so far as applicable to the "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." This Letter of Credit expires at our Main Office, 302 Pine Avenue, Long Beach, California 90802, at the close of business on November 20, 1989. Farmers 8 Merchants Bank of Long Beach irrevocable Letter of Credit No. 792 Seligman Western Enterprises May 20, 1988 Page 2 of 2 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Sincerely, 6 PRUCBAWS BANK OF LONG BEACH BY: SY: APPROVED AS TO FORM City Attorney December 23, 1988, Irrevocable Fetter of Credit No. 792 released. J /A-- 6 0 2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Reports of Investments as of September 30, 1988, in the total amount of $17,554,826.39, and as of October 31, 1988, in the total amount of $16,954,826.39, were approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of October 31, 1988, was approved as submitted. 4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated November 15, 1988, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of November 2, 1988, was ordered received and filed. 5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated November 15, 1988, from the Secretary of the Los Rios Review Committee, regarding actions taken at the meeting of October 27, 1988, was ordered received and filed. 6. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated November 15, 1988, from the Secretary of the Planning Commission, regarding actions taken at the meeting of November 8, 1988, was ordered received and filed. 7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated November 15, 1988, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of October 3, October 12, and October 26, 1988, was ordered received and filed. As set forth in the report dated November 15, 1988, from the Director of Public Works, the public improvements for Parcel Map 87-476 were completed. Acceptance of Work: The following Resolution was adopted: PUBL C.DrHul1) - n KCJvLu 11v1V yr 1 nC 1.11 r 1,VUNLAL ur 1 r7C 1.11 7 OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - PARCEL MAP 87-476 (SELIGMAN/PASEO ESPADA) -3- 11/15/88 9. 10. 6 0 The Resolution accepted the work as complete and directed the City Clerk to forward a Notice of Completion to the County Recorder. The sureties for the project were held by Farmers and Merchants Bank. The Faithful Performance surety, in the amount of $150,880, for public improvements, was extended to November 15, 1989. Staff was authorized to release the surety after the one-year maintenance period. Staff was authorized to exonerate the Labor and Material surety, in the amount of $150,880, and the Monumentation surety, in the amount of $1,500, 35 days from recording the Notice of Completion. As set forth in the report dated November 15, 1988, from the Director of Public Works, the construction of the Rancho Viejo Road Widening at Mission Hills Drive was completed. Acceptance of Work: The following Resolution was adopted: THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE RANCHO VIEJO ROAD WIDENING AT MISSION HILLS DRIVE (ZELLNER COMMUNITIES) The Resolution accepted the work as complete in the amount of $116,015.48, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention 35 days after recording the Notice of Completion, as follows: $4,210 to Kennedy Pipeline Company; and, $6,474.15 to Mark Company. T - As set forth in the report dated November 15, 1988, from the Director of Public Works, the report summarizing the activity of the Capital Projects for the City, the Community Redevelopment Agency, and the Sewer Fund during the past quarter, was ordered received and filed. 11. PURCHASE OF NEW TRACTOR - As set forth in the report dated November 15, 1988, from the Director of Public Works, the specifications for one three-quarter cubic yard wheeled tractor were approved and staff was authorized to call for bids. The anticipated cost of the tractor was $30,000. The unit will be shared by the City and the Capistrano Valley Water District; funds in the amount of $20,000 were budgeted by the City and the remainder was budgeted by the Water District. -4- 11/15/88 AGENDA ITEM TO: FROM: SUBJECT: SITUATION November 15, 1988 Stephen B. Julian, City Manager W. D. Murphy, Director of Public Works Acceptance of Street Improvements, Paseo Espada - Resolution, Notice of Completion and Release of Surety - PM 87-476 (Seligman) Staff has recommended that the City accept the public improvements of PM 87-476 and release the corresponding sureties (letters of credit). The public improvements have been completed and accepted by the City Inspector. The City will file a Notice of Completion with the County Recorder upon acceptance of the improvements. All sureties for this tract are letters of credit held by Farmers & Merchants Bank. They are as follows: PURPOSE AMOUNT Monumentation $ 1,500 Faithful Performance - Public 150,880 Labor & Material - Public 150,880 NOTIFICATION Seligman Western Enterprises, 5100 E. La Palma, #202, Anaheim Hills, CA 92807 and Contract Engineering, 3822 E. La Palma, Anaheim, CA 92807. COMMISSION/BOARD REVIEW, RECOMMENDATIONS None. FINANCIAL CONSIDERATIONS There is no cost or compensation to the City associated with this action. ALTERNATE ACTIONS 1. Accept the public improvements of PM 87-476; 2. Do not accept the public improvements of PM 87-476; or 3. Request additional information from Staff. FOR CITY COUNCIL AGENC)A.' 2�5 AGENDA ITEM • November 15, 1988 • Page 2 RECOMMENDATION By resolution, determine that the work resulting from PM 87-476 has been completed and declare the work to be accepted; direct that within ten days from the date of acceptance a Notice of Completion be filed with the Orange County Recorder. By motion, require an extension of the Faithful Performance surety for public improvements to November 15, 1989; and authorize staff to exonerate the Labor and Material and Monumentation sureties upon the expiration of thirty-five days from the filing of the Notice of Completion. Authorize staff to release the Faithful Performance surety after one year maintenance period. Respectfully submitted, W. D. Murphy' WDM/TF/kls C 0 0 RESOLUTION NO. 88-11-15-1 COMPLETION OF PUBLIC IMPROVEMENTS - PARCEL MA 7-47 LI MAN EO ADA) A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - PARCEL MAP 87-476 (SELIGMAN/PASEO ESPADA) WHEREAS, the City of San Juan Capistrano has entered into an agreement with Seligman Western Enterprises for the construction of public improvements in conjunction with Parcel Map 87-476; and, WHEREAS, the Director of Public Works has evaluated the final quantities and cost figures and recommends approval. NOW, THEREFORE, the City Council of the City of San Juan Capistrano, does resolve as follows: SECTION 1. That the work required to be performed by said subdivider has been completed. SECTION 2. That the work is hereby accepted and approved. SECTION 3. The City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 15th day of November '1988. �. GARY HAUSDORFER, r4AY0 ATTEST: CITY CLE PK -I- C 41 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 88-11-15-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of November , 1988, by the following vote: AYES: Councilmen Schwartze, Friess, Bland, and Mayor Hausdorfer NOES: None ABSENT: Councilman Buchheim (SEAL) MARY ANN A OVER, CITY CLERK -2- 9 r � • xn LOCATION MAP ^0. U� AP A 11sa_• ry ry �pN m N d y° N < o o I M 1 N < N V A 4T. d11' .p P 26782 P.M. 88-476 �o ..PS�.P PA May 20, 1988 11 CJII \�/ II BANK FARMERS& MERCHANTS BANK 302 Pine Ave.. Long Beach. CA . 90802 . YJ, . STRONG• CONSERVA TLVE•FRIENDLY IRREVOCABLE LETTER OF CREDIT NO. 792 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen B. Julian, City Manager. Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and SELIGMAN WESTERN ENTERPRISES, LTD., 5100 E. La Palma, Suite 202, Anaheim, California 92807,hereinafter referred to as "Principal" covering certain improvements to be installed for materials and labor for street improvements in that certain subdivision known and designated as PASEO ESPADA PM 87-476 by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. 792 in the amount of $150,880.00 (ONE HUNDRED FIFTY THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO/100 U.S. DOLLARS), to be paid by drafts at sight on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. Each draft must bear on its face "Drawn under Farmers & Merchants Bank Letter of Credit No. 792 dated May 20, 1988." This credit is subject, so far as applicable to the "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." This Letter of Credit expires at our Main Office, 302 Pine Avenue, Long Beach, California 90802, at the close of business on November 20, 1989. tl-t, -21f --- t 66� I,, - X 71 - C 2 -.S -C) -7 9 -1- -,� ? , 'F -7 Vk� � yvj 0 Farmers & Merchants Bank of Long Beach Irrevocable Letter of Credit No. 792 Seligman Western Enterprises May 20, 1988 Page 2 of 2 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Sincerely, FARMERS & MERCHANTS BANK OF LONG BEACB BY: �k J� �. " BY: APPROVED AS TO FORM City Attorney December 23, 1988, Irrevocable Letter of Credit No. 792 released. J ryi-a— May 20, 1988 KIM BANK FARMERS& MERCHANTS BANK 302 Pine Ave.. Long Beach. CA . 90802 213. 437. 0011 STRONG• CONSERVA T/VE•FRIENDLY IRREVOCABLE LETTER OF CREDIT NO. 797 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen B. Julian, City Manager Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and SELIGMAN WESTERN ENTERPRISES, LTD., 5100 E. La Palma, Suite 202, Anaheim, California 92807, hereinafter referred to as "Principal" covering certain improvements to be installed for labor and material for monumentation in that certain subdivision known and designated as PASED ESPADA PM 87-476 by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. 797 in the amount of $1,500.00 (ONE THOUSAND FIVE HUNDRED AND N0/100 U.S. DOLLARS), to be paid by drafts at sight on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. Each draft must bear on its face "Drawn under Farmers & Merchants Bank Letter of Credit No. 797 dated May 20, 1988." This credit is subject, so far as applicable to the "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." This Letter of Credit expires at our Main Office, 302 Pine Avenue, Long Beach, California 90802, at the close of business on November 20, 1989. Farmers & Merchants Bank of Long Beach Irrevocable Letter of Credit No. 797 Seligman Western Enterprises May 20, 1988 Page 2 of 2 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Sincerely, FARMTS & MUZMANrS�BA[�II4C OF LONG BEACH BY: -- an u'C P2� ME ty December 23, 1988, Irrevocable Letter of Credit No. 797 released. d%%lj-- J i December 23, 1988 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN Seligman Western Enterprises 5100 East LaPalma #202 Anaheim Hills, California 92807 Re: Release of Labor and Material and Monumentation Letters of Credit Parcel Map 87-4767- Dear 7-476Dear Gentlemen: Per City Council Action of November 15, 1988, the following sureties were released effective December 23, 1988: PURPOSE AMOUNT Completion of public improvements Parcel Map 87-476 Labor and Material $ 150,880.00 Monumentation $ 1,500.00 Copies are enclosed for your information. Very truly yours, Mary Ann over, CMC City Clerk MAH/dms Enclosures cc: Farmers & Merchants Bank Director of Public Works Director of Administrative Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 i November 22, 1988 /�� J•III�111�1 • uuunm 1961 1776 Seligman Western Enterprises 5100 East LaPalma #202 Anaheim Hills, California 92807 Re: Completion of Public Improvements - Parcel Map 87-476 Gentlemen: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano at its regular meeting held November 15, 1988, adopted Resolution No. 88-11-15-1, accepting the work completed for the construction of public improvements for Parcel Map 87-476. A copy of Resolution No. 88-11-15-1 is enclosed for your information. The Faithful Performance surety for public improvements was extended to November 15, 1989. Staff was authorized to exonerate the Labor and Material and Monumentation sureties 35 days from recording of the Notice of Completion. The Notice was recorded on November 18, 1988; therefore, the sureties may be released on December 23, 1988. Thank you for your cooperation. Very truly yours, X�� Mary Ann H over, City Clerk MAH/cj Enclosure cc: Contract Engineering Director of Public Works Director of Administrative Services 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Ted Simon, City Engineer FROM: City Clerk DATE: November 1, 1988 SITUATION: At their meeting of June 7, 1988, the City Council approved an Improvement Agreement with Seligman Western Enterprises to postpone the completion of the improvements regarding Parcel Map 87-476 (AC87-9) until August 31, 1988. On October 3, 1988, Tony Foster extended the Agreement to November 30, 1988. ACTION REQUESTED: On Page 2, item 6, of the Improvement Agreement it states if additional time is needed an extension may be granted by the City Engineer on the showing of good cause. Please inform this office of the status of this agreement. L ACTION TO BE TAKEN: 4j,� e, �lw fv000 w4- aal Ae C'voNci / 1/-/5-0 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: A%I SIGNATURE OF OFFICIAL TAKING ACTION: 414 e— DATE SIGNED: //-z • �O ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 8/1/88 Deadline Date: 8/31/88 cc: City Attorney Assistant City Manager 10/3/88 11/1/88 r�� 4e f May 20, 1988 R IMI FARMERS& MERCHANTS BANK 302 Pine Ave.. Long Beach. CA. 90802 STRONG• CONSERVA T/VE•FRIENDLY IRREVOCABLE LETTER OF CREDIT NO. 791 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attn: Stephen B. Julian, City Manager Gentlemen: This Letter of Credit is given to fulfill the requirements of that certain agreement entered into between the City of San Juan Capistrano, a political subdivision of the State of California, hereinafter referred to as "City", and SELIGMAN WESTERN ENTERPRISES, LTD., 5100 E. La Palma, Suite 202, Anaheim, California 92807, hereinafter referred to as "Principal" covering certain improvements to be installed for performance for street improvements in that certain subdivision known and designated as PASEO ESPADA PM 87-476 by Principal and in accordance with said agreement. As required by said agreement, and for that purpose only, we hereby establish in favor of City and for the account of Principal our Irrevocable Letter of Credit No. 792 in the amount of $150,880.00 (ONE HUNDRED FIFTY THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND N0/100 U.S. DOLLARS), to be paid by drafts at sight on us if accompanied by the following documents: City's written statement (signed by the City Manager, or City Attorney) certifying that there has been a failure of the Principal to perform the above agreement. Said statement shall declare the amount of the sight draft on us and that the amount of this draft is, therefore, now due and payable. It is a condition of this letter of credit that from time to time the amount thereof may be reduced as the required work progresses and is performed in accordance with the Improvement Standards of the City of San Juan Capistrano, as authorized by Section 66499.7 of the Government Code. Each draft must bear on its face "Drawn under Farmers & Merchants Bank Letter of Credit No. 791 dated May 20, 1988." This credit is subject, so far as applicable to the "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." This Letter of Credit expires at our Main Office, 302 Pine Avenue, Long Beach, California 90802, at the close of business on November 20, 1989. -4r 0 0 Farmers & Merchants Bank of Long Beach Irrevocable Letter of Credit No. 791 Seligman Western Enterprises May 20, 1988 Page 2 of 2 We expressly agree with you that all drafts drawn under and in compliance with the terms of this letter of credit shall meet with due honor upon presentation. Sincerely, APPROVED AS TO FORM City Attorney V DATE (A -16- rn.,vwcn THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CC14FERS STEPHEN ROMINE IDIS. AGCY, NO RIGHTS UPON 7HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT A REND, 22148 S HE RMAN WAY S T E . 102 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL I:IES BELOW. CANOGA PARK. CA. 91303 COMPANIES AFFORDING COVERAGE COMPANY LE. TER A SCOTTSDALE INS. $ $ COMPANY LETTER B -a c _ INSURED SELIGMAN WESTERN ENTERPRISES 5100 E. LA PALMA #202 ANAHEIM HILLS, CA. 92807 COMPANY LETTER C $1,000 $11000 COMPANY LETTER p lfnma� PERSONAL INJURY $ COMPANY LETTER E o INJURY; PERSIN) THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 CONDI- TIONS OF SUCH POLICIES. ERUCT EFGECTNLICY E PREXPIRATION I LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER DATE (MMWNY) DATE (MMNDfYY) gGGgEGATE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD GLS 19 313 9 PRODUCTSICOMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONALINJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRN. PASS.) ALL OWNED AUTOS (OTHER THAN) PRN. PASS. HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER 5/24/88 1 5/24/89 BODILY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - INJURY $ $ PROPERTY DAMAGE $ $ ADELAI4TO $1,000 $11000 COMBINED CA. 92675 OF ANY KIND PERSONAL INJURY $ BDDLY THO AURIZED RE R. INJURY; PERSIN) $ J (RR le, k .. . BOULY INJURY (PER ADIOENR $ PROPERTY E DAMAGE $ COMBINED $..*y}.. 81 6 PD COMBINED 1 $ $ STATUTORY „`As $ (EACH ACCIDENT) "� � $ (DISEASE -POLICY $ (DISEASE -EACH ER 3CRIPTION OF UPEHATIONSILOCATIONSNEHICLESISPECIAL ITEMS CONTRACTOR CERTIFICATE ISSUED ON 6/14/88 IS REVISED AS RESPECTS COMPANY A ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX - CITY OF SAN JUAN CAPISTRANO PIRATION DATE TH OF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS EN E CERT HOLDER NAMED TO THE 32400 PASEO ADELAI4TO LEFT, BUT FAILU MAIL XA OBLIGATION OR LIABILITY SAN JUAN CAPISTRANO, CA. 92675 OF ANY KIND TS IiN1TATIVES. THO AURIZED RE R. Aradt 0 MEMORANDUM TO: Ted SImon, City Engineer FROM: John R. Shaw, City Attor411� SUBJECT: Seligman Letters of Credit 0 May 31, 1988 Please find attached a copy of an amendment to the Letters of Credit submitted for the above captioned project. With this amendment, the submitted draft letters of credit are hereby approved. If you should have any questions, please advise. JRS/ef Encl. c e % R IMI . LUng D a6 1. - l. - . 431- STRONG J,. STRONG • CON:SER"TIVE • FRIENDLY May 26, 1988 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 — Z 4+ Re: F & M L/C#s 791, 792, 797 798 (Seligman Western Enterpris ,Ltd.) Mr. John Shaw, City Attorney The above noted letters of credits are hereby amended as follows: All drafts presented for negotiation to Farmers & Merchants Bank will be handled in accordance to California Commercial Code #5112. Said Code shall take precedent where applicable over "Uniform Customs and Practice for Documentary Credits, 1983 Revision, the International Chamber of Commerce, Brochure No. 400." All other terms and conditions remain unchanged and unaltered. Sincerely, 11111C Robert W."ie Senior Vicedent RWY/sn MEMORANDUM TO: FROM: SUBJECT: 9 Mary Ann Hanover, City Clerk 171 May 27, 1988 R. Anthony Foster, Engineering Assistant Final Map 87-476 (Seligman) Dr. Seligman has submitted the attached (original) Letters of Credit covering Labor and Materials, Performance, and Monumentation. John Shaw has requested that a statement be added that the bank respond within 72 hours if the City decides to call the letters. Robert Younkers of Farmers and Merchants Bank is forwarding an addendum covering the requested statement. I am expecting it in Tuesday's mail (5/31/88). Please note that Mr. Shaw has not signed the Letters of Credit and probably won't until he has reviewed the addendum. John Shaw has reviewed the attached (original) Improvement Agreement, but did not sign it. Ted Simon said that Mr. Shaw verbally approved the agreement, so I am assuming the lack of a signature was an oversight. Insurance as required by the Improvement Agreement is being forwarded. Please note the attached letter from the Stephen Romine Insurance Company. If you have any questions or reservations about this, please contact me. Dr. Seligman is very anxious to keep this on the June 7 meeting and has been very responsive to our request. SCS/ RAF:nb cc: W. D. Murphy Ted Simon John Shaw STEPHEN ROMINE INSURANCE AGENCY 22148 Sherman Way, Suite 102 ecn Canoga Park, CA 91303 (818) 999-2024 May 25, 1988 Tony Foster City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Dr. Fred Seligman Dear Mr. Foster, Per our conversation of today, please be advised that Dr. Seligman does in fact carry Contractor's General Liability with a limit of $1,000,000.00. The carrier is Scottsdale Insurance Company. We expect to have a policy shortly, and will forward a copy to you upon receipt. The City of San Juan Capistrano will be named as additional insured. If you should have any questions, please do not hesitate to call. Sincerely, Penny Lukas Customer Service cc: Dr. Fred Seligman - ISSUE DALE (MM/DD/YY) 06/14/88 PRODU'3ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD IFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFO OLICIES BELOW. STEPHEN ROMINE INSURANCE AGENCY COMPANIES AW�iDI jJ(391P@I�E0GE 22148 Sherman Way, Suite 102 Canoga Park, CA 91303 COMPANY A Scottsdale Insu iri1' any (818) 999.2024 COMPANY v:', �,., INSURED LETTERCOMPA LETTERNY C Seligman Western Enterprises 5100 E. La Palma, #202 Anaheim Hills, CA 92807 COMPANY p LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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 CONDI- - TIONS OF SUCH POLICIES. LTR TYPE OF INSURANCE POLICY NUMBER PDOAL.RIw� EFFECTIVE POLICYEXPIRATIONALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE 1 OOO X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1,000 A CLAIMS MADE ®OCCURRENCE GLS193139 05/24/88 05/24/89 PERSONAL A ADVERTISING INJURY $ 1,000 OWNER'S 6 CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1,00() FIRE DAMAGE (ANY ONE FIRE( $ 50 MEDICAL EXPENSE (ANY ONE PERSON) $ 1 AUTOMOBILE LIABILITY ANY AUTO CSL $ ALL OWNED AUTOS SCHEDULED AUTOS - (PEALY RPYERSON) $ ' (BODILY HIRED AUTOS - NON -OWNED AUTOS anxtin $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIAMITY EACN AOGRECLITE. OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY - $ (EACH ACCIDENT) AND $ (OLSEASE-P000Y UMTI EMPLOYERS' LIABILITY ,$' (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS EX - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX Additional Insured: City of San Juan Capistrano PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 32400 Paseo Adelanap MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano, GA 92675 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE C Y, ITS AGENTS OR REPRESENTATIVES. AUT PR NTATI1,%r GENERAL LIABILITY POLICY • Changes: Notice to any agent or knowledge possessed by any agent or by an If person shall not effect a waiver or a change in any part of this policy o p the company from asserting any right under the terms of this policy; no I the terms of this policy be waived or changed, except by endorsement issue, .m + uurl of Ih;e onl;ro POLICY PROVISIONS — PART A SCOTTSDALE INSURANCE COMPANY 8370 E. Via De Ventura Scottsdale, AZ 85258 SCOTTSDALE INSURANCE COMPANY (A stock insurance company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: DEFINITIONS When used in this policy (including endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back filling, tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (I) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed com pleled at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correc- tion. repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of - (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused ma terials, or GLS -J-1 (7-86) (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway. stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a plalfuun outside a building it without mechanical power or if not attached to building walls, or a hod or material host used in alteration, construction or demolition operations, or an Inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the ex plosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the com- pleted operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) side- track agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an insured in the "Per- sons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an in tegral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in transit type); graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the person or organ¢ation named in Item 1. of the decla- rations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continua or repeated exposure to conditions, which results in bodily injury or propelmage neither expected nor intended from the standpoint of the insured; "policy territory" yneans: (1) the dnited States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property dam- age does not occur in the course of travel or transportation to or from any other country, slate or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consump- tion within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible prop- erty which occurs during the policy period. including the loss of use thereof at any tune resultmg therehonr, or (2) loss of use of tangible property which has not been physically filmed or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property dama a hazard" includes underground property damage as defined herein and proper age to any other property at any time resulting therefrom. "Underground fly damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving. excavating, drilling, borrowing, filling, back filling or pile driving. The underground property damage hazard does not include property dam- age (1) arising oil of operations performed for the named insured by independent conhecturs, or (2) included within the completed operations hazard, or (3) fur which liability is assumed by the insured under an incidental contract. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all Interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; Ibl premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of ball bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any such bonds; IU expenses incurred by the insured for first aid to others at the time of an acci- dent, for bodily injury to which this policy applies; (it) reasonable expenses incurred by the insured at the company's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. CONDITIONS 1. Premium: All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and mmimum premiums appli- cable to the Insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premmma for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit: The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report there- on shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured' I books and records at any time during the policy period and extensions thereof and within three years after the final termmabon of this policy, as far as they relate to the subject matter of this Insurance. 3. Financial Responsibility Laws: When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com party which it would not have been obligated to make under the terms of this policy except for the agreement contained In this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit: (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the Injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall im- mediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person of organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5. Action Against Company: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terns of this policy, nor until The amount of the insured's obligation to pay shall have been finally deternuned either by judgment against the insured after actual trial or by written agreement of the insured, The claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under This policy to the extent of the Insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be Impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the com party of any of its obligations hereunder. 6. Other Insurance: The Insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or con(ingen( basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this Insurance arra other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that staled in the applicable contribution provision below: lar Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shall not bediable lot a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so pard the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid - Ih) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares. the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such joss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 1. Subragation: In the event of any payment under this policy, the company shall be subrogated to all the insured's lights of recovery therefor against any person or mganizabon and the insured shall execule and deliver instruments and papers and do whatever else Is necessary to secure such rights. The insured shall do nothing after Toss to prejudice such rights. ULMCnnL u1111i ruuLt + NEW I� DECLARATIONS flenewlal of Numbs 1 r cottsdale Insurance Compri 8370 East Via de Ventura, Scottsdale, Arizona 85258 GLS 193139 A STOCK COMPANY Item I. Nahid finunl and Mailing Address SELIGMAN WESTERN ENTERPRISES 2100 E. HOWELL #109 ANAHEIM, CA 92806 Agent Name and Address RIC INS. GEN—AGCY INC. P.O. BOX 3140 ANAHEIM, CA 92803 Agent No. 040026 Item 2. Policy Penrod _ _ Front _ _ 05-24-88-,-- lu-__ 05-24-89___ 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. The named insured Is ❑ Individual ❑ Partnership © Corporation ❑ Joint Venture ❑ Other: Business of the named insured Is (ENTER BELOW) Audit Period Annual, unless otherwise stated (ENTER BELOW) CONTRACTOR 6 MONTH AUDIT Item 3. The Insurance afforded Is only with respect to the following Coverage Parris) Indicated by speahc plemwm charge(s). Covera a s Coverage Par[ Coverage () Pan Nots). Advance Premiums Coverage Pants) Coverage Part Not). Advance Premiums E E $ Manufacturers' and Contractors Liability Insurance $ Completed Operations and Products Liability Insurance $ Owner's and Contractor's Protective Liability Insurance $ $ Owners; Landlords' and Tenants' Liability Insurance $ Comprehensive General Liability Insurance L 39 5A 1 —7 3 1 $ 18,212.00 Comprehensive Personal Insurance $ Personal Injury Liability Insurance $ Contractual Liability Insurance $ $ Druggists' Liability Insurance $ Elevator Collision Insurance $ Premises Medical Payments Insurance $ BROAD FORM CGL (5-81) $ 2,732.00 $ $ Storekeeper's Insurance $ $ SUB TOTAL $ 20 44.00 $ FULLY EARNED POLICY FEE $ 100.00 $ STATE TAX $ 631.32 $ STAMP FEE INSP. $ 21.04 75.00 $___ _FEE other than those Form numbers of endorsements, L6108(3-81) UTS-ean 4�6-82) GLS -3-11-$6) GU2-4-5(-10-84)—GU235(5-86) Coverage Pan(s), attachedratissue UTS-9(8-82) L6178(4-84) 1-6177(4-84) 1-911530-66) UTS3(8-86) $ UTS110 7- UTS131 - 7 Tout Advance Premium for this policy. If the Policy Period is more than one year and the premium is to be paid In Installments. premium Is payable on. Effective Date Ist Anniversary 2nd Anniversary E $ $ Item d. During the past three years no Insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein Countersignature Date 06-06-88 ec 'Not applicable in Texas Countersignature THIS PART B. WITH "POLICY PROVISIONS—PART A', AND COVERAGE PARTS) AND ENDORSEMENT(S), IIF ANY), ISSUED TO FORM A PART THEREOF, COMPLETE(S) THE ABOVE NUMBERED POLICY GLS -C1 1 (6-82) • a A� Scottsdale Insurance Company) ENDORSEMENT NO. A ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) POLI CY NUMBER NO DAY YR 12 UI NOON INSURED AGENCY AND CODE AM GLS193139 05 24 88 X SELIGMAN WESTERN ENTERPRISES RIC 040026 SERVICE OF SUIT CLAUSE It is agreed that in the event of the failure of the Insurer hereon to pay any amount claimed to be due hereunder, the Insurer hereon, at the request of the INSURED, will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon RIC INSURANCE GENERAL AGENCY and that in any suit instituted against any one of them upon this contract, the Insurer will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The abcve-named are authorized and directed to accept service of process on behalf of the Insurer in any such suit and/or upon the request of the INSURED to give a written undertaking to the INSURED that it or they will enter a general appearance upon the Insurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America, which makes provision therefor, the Insurer hereon hereby designate the Superintendent, Commissioner or Director of Insurance orotherofficer specified forthat purpose in thestatute orhis successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the INSURED or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. DATE 06-06-88 ec AUTHORIZED REPRESENTATIVE UTS-9 (8-82) A� Scottsdale Insurance Company* ENDORSEMENT NO. B ATTACHED TO AND ENDORSEMENT EFFECTIVE $ 2500 per claim BODILY INJURY Liability FORMING A PART OF (STANDARD TIME) POLICY NUMBER MO DAY YR 1201 INSURED AGENCY AND CODE AM GLS193139 05 24 88 X SELIGMAN WESTERN ENTERPRISES RIC 040026 DEDUCTIBLE ENDORSEMENT SCHEDULE Amount of Deductible Coverage $ 2500 per claim BODILY INJURY Liability $ 2500 per claim PROPERTY DAMAGE Liability It is hereby understood and agreed that: 1. The Company's obligation under the BODILY INJURY Liability and PROPERTY DAMAGE Liability Coverages to pay damages on behalf of the INSURED applies only to the amount of damages in excess of any deductible amounts stated in the schedule above as applicable to such coverages. 2. The deductible amounts include all legal and loss adjustment expenses. 3. The deductible amounts stated in the schedule applies under the BODILY INJURY Liability or PROPERTY DAMAGE Liability Coverage, respectively, toall damages because of BODILY INJURY sustained by one person, or to all PROPERTY DAMAGE sustained by one person or organization, as the result of any one OCCURRENCE. 4. The terms of the policy, including those with respect to (a) the Company's rights and duties with respect to the defense of suits and (b) the INSURED'S duties in the event of an OCCURRENCE apply irrespective of the application of the deductible amount. 5. The Company may pay part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the NAMED INSURED shall promptly reimburse the Company for such part of the deductible amount as has been paid by the Company. APPLICATION OF ENDORSEMENT: (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to all loss however caused.) DATE 06-06-88 UTS-a (6-62) ec AUTHORIZED REPRESENTATIVE • • Scottsdale Insurance Company ENDORSEMENT NO. E ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIML) POLICY NUMBER MO DAY YR 1 ^ 01 NOON INSURED AGENCY AND CODF AM GLS193139 05 24 88 X SELIGMAN WESTERN ENTERPRISES RIC 040026 SUBSIDENCE EXCLUSION It is agreed that this policy shall not apply to any claim of liability for Bodily Injury or Property Damage caused by, resulting from, attributable or contributed to, or aggravated by the subsidence of land as a result of landslide, mudflow, earth sinking or shifting, resulting from operations of the named insured or any subcontractor of the named insured. DATE 06-06-88 ec UTS-110 (7-86) AUTHORIZED REPRESENTATIVE 'Scottsdale Insurance Company"' ENDORSEMENT NO. C _. AIIAL11111 IOANU 11Uu11'. IMINI 11111 IIVI FORMING A PART OF ISIANOARU TIM[ I POLICY NUMBER Mn DAY YR 1201 INSURFD ACFNCYAN[' CUDI AM GLS193139 05 21t 88 X SELIGMAN WESTERN ENTERPRISES RIC 040026 GENERAL LIABILITY ENDORSEMENT It is agreed that the following provision(s) apply to the above policy: (Only those provisions indicated by an "X" in the appropriate box apply.) A. IN CLASSIFICATION LIMITATION It is hereby understood and agreed that coverage as provided by this policy applies only to those operations as described under the' Description of Hazards'' section of the coverage parts attached to this policy. B ❑ MINIMUM EARNED PREMIUM If this policy is cancelled at the request of the INSURED, the total retained by the Company shall not be less than of the premium or $ whichever is greater. C. M PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION It Is understood and agreed that this policy does not apply to a claim of or indemnification for punitive or exemplary damages. If a suit shall have been brought against the INSURED for claim falling within the coverage provided under the policy, seeking both corupensatoryand punitive or exemplary damages, then the Company will afford a defense to such action, however, the Company shall not have an obligation to pay for any costs, interest, or damages attributable to punitive or exemplary damages. DATE 06-06-88 ec AUTHORIZED REPRESENTATIVE GLS -3111-86) Scottsdale Insurance Company® ENDORSEMENT NO. PATIAOII:NUMBER :PART AND INDUIItif Mf Nl IfILCTIVIORMING OF (STANDARD 11ME) POLICY MO DAY YR 1201 NOON INSURED AGENCY AND CODE AM GLS193139 101 f 1 l 1 24 I 88 I X I — SELIGMAN WESTERN ENTERPRISES( RIC 040026 1 ASBESTOS EXCLUSION 1 In consideration of the premium charged, it is hereby understood and agreed that no coverage is provided by this policy for any claims for Bodily Injury, sickness, mental or emotional distress, dis- ability, death or property damage arising out of inhalation of or exposure to asbestos. The term "asbestos" shall include any compound, substance or product or fibres thereof generally referred to as "asbestos" or any allied compound which includes asbestos. DATE o6 -o6-88 ec UTS-131 (4.8]) AUTHORIZED REPRESENTATIVE • 0 AScottsdale Insurance Company® ENDORSEMENT NO. F ATTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (STANDARD TIME) POLI CY NUMBER MO DAY YR 1201 NOON INSURED AGENCY AND CODE AM GLS193139 05 24 88 X SELIGMAN WESTERN ENTERPRISES RIC 040026 SPECIAL CONDITION ENDORSEMENT REGARDING SUBCONTRACTORS It is hereby understood and agreed that conditions for coverage under this policy are: 1. Certificate of insurance with limits of liability equal to or greater than those provided by this policy will be obtained from all subcontractors prior to commencement of any work performed for the insured. 2. Insured will obtain hold harmless agreement from subcontractors indemnifying against all losses for the work performed for the insured by any and all subcontractors. 3. Insured will be named as additional insured on all subcontractors general liability policies. Signed (Insured) (Title) DATE 06-o6-88 ec UTS 3 (8-86) AUTHORIZED REPRESENTATIVE (rhe Al lathing Clause nee *mpleted only when this endorsement is ,ssoed shbseduenl t*ration of the policy ) LIABILITY OL 99 17 (Ed. 03 81) AMENDMENT — LIMITS OF LIABILITY (Single Limit) (Individual Coverage Aggregate Limit) This endorsement modifies such Insurance as Is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 05_24—RR (1 1 A M., standard lime) issued to SELIGMAN WESTERN ENTERPRISES by SCOTTSDALE INS CO. SCHEDULE forms a part of policy No. GLS193139 Authonied Representative Coverages Limits of liability Bodily Injury Liability and Property Damage Liability $ 1 .000 ,000 each occurrence E 1,000 ,000 aggregate L 6108 (Ed. 3 Ell It is agreed that the provisions of the policy captioned "LIMITS OF LIABILITY" relating to Bodily Injury Liability and Property Damage Liability are amended to read as follows: LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Bodily Injury Liability and Property Damage Liability: (a) The limit of liability stated in the Schedule of this endorsement as applicable to 'each occurrence" is the total limit of the company's liability for all damages Including damages for care and loss of serv- ices because of bodily injury and property damage sustained by one or more persons or organizations as a result of any one occurrence, provided that with respect to any occurrence for which notice of this Doti? is glyen In lieu of security or when this poli? is certified as proof of financial responsibility under the provisions of the Motor Vehi- cle Financial Responsibility Law of any state or province such limit of liability shall be applied to provide the separate limits required by such law for Bodily Injury Liability and Property Damage Liability to the extent of the coverage required by such law, but the separate applica- tion of such limit shall not increase the total limit of the company's liability. of Subect to the above provision respecting "each occurrence", the to tal �iabihty of the company for all damages because of all bodily injury and property damage which occurs during each annual period while this policy is in force commencing from its effective date and which is described in any of the numbered subparagraphs below shall not ex cried the limit or liability stated In the Schedule of this endorsement as "aggregate (1) all property damage arising out of premises or operations rated on a remuneration basis or Contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any Incidental contract relating to such premises or opera- tions, but excluding property damage included in subparagraph (2) below; o6-06-88 ec (2) all property damage arising out of and occurring in the course of operations performed for the named insured by indcpendent con- tractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other strut tures; (3) if Products -- Completed Operations insurance is afforded, all bodily injury and property damage included within the com- pleted operations hazardd and all bodily injury and property damage included within the products hazard; (4) if Contractual Liability Insurance is afforded, all property dam- age for which liability is assumed under any contract to which the Contractual Liability Insurance applies. Such aggregate limit shall apply separately: (i) to the property damage described in subparagraphs (1) and (2) and separately with respect to each project away from premises owned by or rented to the named Insured: (it) to the sum of the damages for all bodily injury and prop erly damage described In subparagraph (3). and (iii) to the property damage described in subparagraph (4) and separately with respect to each project away from premises owned by or rented to the named insured. (c) For thepurpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general condition shall be considered as arising out of one occurrence. (The Attaching Clause need&mpleled only when this endorsement is issued subseeuentprepar'atlon of the policy.) LIABILITY GL 04 04 (Ed. 05 81) 16111 (Ed. 5-81) BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT This endorsement modifies such Insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE This endorsement, effective 05-24-88 (12:01 A. M., standard lime) issued to SELIGMAN WESTERN ENTERPRISES by SCOTTSDALE INS CO. SCNEOULE forms a part of policy No. GLS 193139 --................ -- ------------------- AulMAiee neprefenlative I. CONTRACTUAL LIABILITY COVERAGE (A) The definition of incidental contract is extended to include any oral or written contract or agreement relating to the conduct of the named in- sured's business. (B) The insurance afforded with respect to liability assumed under an incidental contract is subject to the following additional exclusions: Ill to bodily injury or property damage for which the insured has assumed liability under any incidental contract, if such injury or damage occurred prior to the execution of the incidental contract; (2) if the insured is an architect, engineer or surveyor, to bodily injury or property damage arising out of the rendering of or the torture to fen- der professional services by such insured, including Lal the preparation or approval of maps, drawings, opinions, re ports, surveys, change orders, designs or specifications, and W) supervisory, inspection or engineering services; (3) if the indemnitee of the insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or em ployees. arising out of (a) the preparation or approval of or the failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (b) the giving of or the failure to give directions or instructions by the indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of the bodily injury or property damage; (4) to any obligation for which the insured may be held liable in an action on a contract by a third party beneficiary for bodily injury or property damage arising out of a project for a public authority; but this exclusion does not apply to an action by the public au thority or any other person or organization engaged in the project; (5) to bodily injury or property damage arising out of construction or demolition operations, Althln 50 fee; of any railroad property, and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; but this exclusion does not apply to side track agreements. IC) The following exclusions applicable to Coverages A (Bodily Injury) and B (Property Damage) do not apply to this Contractual Liability Coverage: (b), lc) (2), (d) and (e). (0) The following additional condition applies Arbitration The company shall be entitled to exercise all of the insured's rights (6) to advertising injury arising out of (a) failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract, or (b) infringement of trademark, service mark or trade name, other than titles or slogans, by use thereof on or in connection with goods, products or services sold, offered for sale or advertised, or (c) incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised; 17) with respect to advertising injury (a) to any insured in the business of advertising, broadcasting, publishing or telecasting, or (b) to any injury arising out of any act committed by the insured with actual malice. (C) Limits of Liability Regardless of the number of (1) insureds hereunder, (2) persons or. organizations who sustain injury or damage, or (3) claims made or sults brought on account of personal into ty or advertising injury, the total llmlt of the company's liability under this coverage for all damages shall not exceed the limit of liability stated in this en- dorsement as "aggregate". Of Additional Definitions "Advertising Injury" means injury arising out of an offense com- mitted during the policy period occurring in the course of the named insured's advertising activities, if such injury arises out of libel, slander, defamation, violation of right of privacy, piracy, un- fair competition, or infringement of copyright, title or slogan. "Personal Injury" means injury arising out of one or more of the following offenses committed during the policy period: 1. false arrest, detention, imprisonment, or malicious prosecution; 2. wrongful entry or eviction or other invasion of the right of private occupancy; 3. a publication or utterance (a) of a libel or slander or other defamatory or disparaging mate- rial, or (b) in violation of an individual's right of privacy; except publications or utterances in the course of or related to adver- tising, broadcasting, publishing or telecasting activities Conducted by or or, behalf of the named insured shall not be deemed personal Personal Injury and Advertising Injury Liability Aggregate. Limit shall be the per occurrence bodily injury liability limit unless otherwise indicated herein. Limit of Liability $ PER 1 6108 Aggregate Limit of Liability—Premises Medical Payments Coverage: $1,000 each person. unless otherwise indicated herein s_NOT_ COVERED ,__each person. Limit of Liability—Fire Legal Liability Coverage: $50,000 per occurrence unless otherwise indicated herein: $- --- --per occurrence. Advance Premium Premium (iasis $ 2,732 - 15 % OF THE TOTAL COMPREHENSIVE GENERAL LIABILITY BODILY INJURY AND PROPERTY DAMAGE PRE- MIUM AS OTHERWISE DETERMINED E MINIMUM PREMIUM o6 -o6-88 ec I. CONTRACTUAL LIABILITY COVERAGE (A) The definition of incidental contract is extended to include any oral or written contract or agreement relating to the conduct of the named in- sured's business. (B) The insurance afforded with respect to liability assumed under an incidental contract is subject to the following additional exclusions: Ill to bodily injury or property damage for which the insured has assumed liability under any incidental contract, if such injury or damage occurred prior to the execution of the incidental contract; (2) if the insured is an architect, engineer or surveyor, to bodily injury or property damage arising out of the rendering of or the torture to fen- der professional services by such insured, including Lal the preparation or approval of maps, drawings, opinions, re ports, surveys, change orders, designs or specifications, and W) supervisory, inspection or engineering services; (3) if the indemnitee of the insured is an architect, engineer or surveyor, to the liability of the indemnitee, his agents or em ployees. arising out of (a) the preparation or approval of or the failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (b) the giving of or the failure to give directions or instructions by the indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of the bodily injury or property damage; (4) to any obligation for which the insured may be held liable in an action on a contract by a third party beneficiary for bodily injury or property damage arising out of a project for a public authority; but this exclusion does not apply to an action by the public au thority or any other person or organization engaged in the project; (5) to bodily injury or property damage arising out of construction or demolition operations, Althln 50 fee; of any railroad property, and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; but this exclusion does not apply to side track agreements. IC) The following exclusions applicable to Coverages A (Bodily Injury) and B (Property Damage) do not apply to this Contractual Liability Coverage: (b), lc) (2), (d) and (e). (0) The following additional condition applies Arbitration The company shall be entitled to exercise all of the insured's rights (6) to advertising injury arising out of (a) failure of performance of contract, but this exclusion does not apply to the unauthorized appropriation of ideas based upon alleged breach of implied contract, or (b) infringement of trademark, service mark or trade name, other than titles or slogans, by use thereof on or in connection with goods, products or services sold, offered for sale or advertised, or (c) incorrect description or mistake in advertised price of goods, products or services sold, offered for sale or advertised; 17) with respect to advertising injury (a) to any insured in the business of advertising, broadcasting, publishing or telecasting, or (b) to any injury arising out of any act committed by the insured with actual malice. (C) Limits of Liability Regardless of the number of (1) insureds hereunder, (2) persons or. organizations who sustain injury or damage, or (3) claims made or sults brought on account of personal into ty or advertising injury, the total llmlt of the company's liability under this coverage for all damages shall not exceed the limit of liability stated in this en- dorsement as "aggregate". Of Additional Definitions "Advertising Injury" means injury arising out of an offense com- mitted during the policy period occurring in the course of the named insured's advertising activities, if such injury arises out of libel, slander, defamation, violation of right of privacy, piracy, un- fair competition, or infringement of copyright, title or slogan. "Personal Injury" means injury arising out of one or more of the following offenses committed during the policy period: 1. false arrest, detention, imprisonment, or malicious prosecution; 2. wrongful entry or eviction or other invasion of the right of private occupancy; 3. a publication or utterance (a) of a libel or slander or other defamatory or disparaging mate- rial, or (b) in violation of an individual's right of privacy; except publications or utterances in the course of or related to adver- tising, broadcasting, publishing or telecasting activities Conducted by or or, behalf of the named insured shall not be deemed personal 11, PERSONAL INJURY AND ADVERTISING IN I LIAOILITY COVERAGE (A). The company will pay on behalf of the i d all stuns which the insured shall become legally obligated to pay as damages because of personal injury of advertising injury it, which this insmaoce pplies, sustained by any person or organization and arising out of the con duct of the named insured's business, within the policy territory, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such injury, even if any of the allegations of the suit are groundless, lalse or Iraudu- lent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obli gated to pay any claim of judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. IRI This insurance does not apply: (1) to liability assumed by the insured under any contract or agree ment (2) to personal injury or advertising injury arising out of the wilful violation of a penal statute or ordinance committed by or with the knowledge or consent of the insured; (3) to personal minty of advertising injury arising out of a pubbca lion or utterance of a libel or slander, or a publication or utter- ance in violation of an individual's right of privacy, it the first injurious publication or utterance of the same of similar material by or on behalf of the named insured was made prior to the effective dale of this insurance; (4) to personal injury or advertising injury arising out of libel or slander of the publication or utterance of defamatory of disparag ing material concerning any person or organization or goods, products or services, or in violation of an individual's right of privacy, made by or at the direction of the insured with knowl edge of the falsity thereof; (5) to personal injury or advertising injury arising out of the con duct of any partnership or joint venture of which the insured is a partner of member and which is not designated in the declara- tions of the policy as a named insured; the company will pay to or each person who sustains bodily injury caused by accident all IeasWe medical expense incurred within one year from the date of the Went on account of such bodily injury, provided such bodily injury arises out of (a) a condition in the insured Premises or lbt Welations with respect to which the named insured is alWrded coverage lot bodily injury liability under the policy. ltus insurance does not apply: (A) t_ bodily injury M arising out of the ownership, maintenance, operation, use, load. ing or unloading of (a) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (b) any other automobile or aircraft operated by any person in the course of his employment by any insured; hot this exclusion does not apply to the parkingg of an automo. bile on the insured premises, if such aulemobilIf is not owned by or rented or loaned to any insured; (2) arising out of (a) the ownership, maintenance, operation, use, loading or un- loading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity, or lb) the operation or use of any snowmobile or trailer designed lot use therewith; h) owned of operated by or rented or loaned to any insured, or (it) operated by any person in the course of his employment by any Insured; (3) arising out of the ownership, maintenance, operation, use, load- ing or unloading of (a) any watercraft owned or operated by or rented or loaned to any insured, or tb) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on the insured premises; (over) (4) ansmg out of and in the course of the 01rtation of mobile equipmlint by an automobile owned or operated by or rented or loaned to the named insured; (D) to bodily injury (1) included within the completed operations hazard or the products hazard; (2) arising out of operations performed for the named insured by independent contractors other than lel maintenance and repair of the insured premises, or (b) structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) resulting from the selling, serving or giving of any alcoholic beverage (a) in violation of any statute, ordinance or regulation, (b) to a minor, (c) to a person under the influence of alcohol, or (d) which causes or contributes to the intoxication of any person, if the named insured is a person or organization engaged in the business of manufacturing, distributing, selling or serv- ing alcoholic beverages, or if not so engaged, is an owner of lessor of premises used for such purposes, but only part (a) of this exclusion (B) (3) applies when the named insured is such an owner or lessor; (4) due to war, whether or not declared, civil war, insurrection, re- bellion or revolution, or to any act or condition incident to any of the foregoing; (C) to bodily injury (I) to the named insured, any partner thereof, any tenant or other person regularly residing on the insured premises or any em ployee of any of the foregoing if the bodily injury arises out of and in the course of his employment therewith: 12) to any other tenant if the bodily injury occurs on that part of the insured premises rented from the named insured or to any employee of such a tenant if the bodily injury occurs on the tenant's part of the insured premises and arises out of and in the course of his employment for the tenant; (3) to any person while engaged in maintenance and repair of the insured premises or alteration, demolition or new construction at such premises; (4) to any person if any benefits for such bodily injury are payable or required to be provided under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (5) to any person practicing, instructing or participating in any physical training, sport, athletic activity or contest whether on a format or informal basis; (6) it the named insured is a club, to any member of the named insured; (1) if the named insured is a hotel, motel, or tourist court, to any guest of the named insured; (1) to property owned or o6ed by or rented to the insured, or, except with respect to the use of elevators, to property held by (he insured for sale or entrusted to the insured for storage or safekeeping, (2) except with respect to liability under a written sidetrack agree- ment or the use of elevators (a) to property while on premises owned by or rented to the insured for the purpose of having operations performed on such properly by or on behalf of the Insured, (b) to tools or equipment while being used by the Insured in performing his operations, (c) to property in the custody of the Insured which is to be installed, erected or used in construction by the Insured, (d) to that particular part of any property, not on premises owned by or rented to the Insured, (i) upon which operations are being performed by or on behalf of the insured at the time of the property damage arising out of such operations, or fii) out of which any property damage arises, or (iii) the restoration, repair or replacement of which has been made or is necessary by reason of faulty workmanship thereon by or on behalf of the insured; (3) with respect to the completed operations hazard and with respect to any classification stated in the policy or in the company's manual as "including completed operations", to property damage to work performed by the named insured arising out of such work or any portion thereof, or out of such materials, parts or equipment furnished in connection therewith. (B.) The Broad Form Property Damage Liability Coverage shall be excess insurance over any valid and collectible property insurance (including any deductible portion thereof) available to the insured, such as, but not limited to, Fire, Extended Coverage, Builder's Risk Coverage or Installation Risk Coverage, and the Other Insurance Condition of the policy is amended accordingly. VII. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE The definition of bodily injury is amended to include Inciderlal Medical Malpractice Injury. Incidental Medical Malpractice Injury means injury arising out of the rendering of or failure to r.nder, during the policy period, the following services: (A) medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (B) the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to: (1) expenses incurred by the insured for first-aid to others at the time of an accident and the "Supplementary Payments" pro- vision and the "Insured's Duties in the Event of Occurrence, Claim or Suit" Condition are amended accordingly; (DI to any medical expense for services by the named insured, any (2) an insured engaged in the business or occupation of pro - employee thereof or any person or organization under contract to viding any of the services described under VII (A) and (B) above; the named insured to provide such services. (3) injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services LIMITS OF LIABILITY ."cribed under VII (A) and (B) above. The limit of liability for Premises Medical Payments Coverage is $1,000 each person unless otherwise stated in the schedule of this endorse- ment. The limit of liability applicable to "each person" is the limit of the company's liability for all medical expense for bodily injury to any one person as the result of any one accident; but subject to the above provision respecting "each person", the total liability of the company under Premises Medical Payments Coverage for all medical expense for ' bodily injury to two or more persons as the result of any one accident shalt not exceed the limit of bodily injury liability stated in the policy as applicable to "each occurrence". When more than one medical payments coverage afforded by the policy applies to the loss, the company shall not be liable for more than the amount or the highest applicable limit of liability. ADDITIONAL DEFINITIONS When used herein: "Insured premises" means all premises owned by or rented to the named insured with respect to which the named insured is afforded coverage for bodily injury liability under this policy, and includes the ways immediately adjoining on land; "medical expense" means expenses for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital. professional nursing and funeral services. ADDITIONAL CONDITION Medical Reports; Proof and Payment of Claim As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the company when and as often as the company may rea- sonably require. The company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of liability of any person or, except here- under, of the company. IV. HOST LIQUOR LAW LIABILITY COVERAGE Exclusion flit does not apply with respect to liability of the insured or his indemnitee arising out of the giving or serving of alcoholic bever- ages at functions incidental to the named insured's business, provided the named insured is not engaged in the business of manufacturing, distributing, selling or serving of alcoholic beverages. V. FIRE LEGAL LIABILITY COVERAGE—REAL PROPERTY With respect to property damage to structures or portions thereof rented to or leased to the named insured, including fixtures permanently attached thereto. if such property damage arises out of fire (A) All of the exclusions of the policy, other than the Nuclear Energy Liability Exclusion (Broad Form), are deleted and replaced by the following: This insurance does not apply to liability assumed by the insured under any contract or agreement. (0) Toe limit of property damage liability as respects this Fire Legal Liability Coverage—Real Property is $50,000 each occurrence unless otherwise stated in the Schedule of this endursemenl. (C) The Fire I-egal Liability Coverage—Real Property shall be excess insurance over any valid and collectible property insurance (in- cluding any deductible portion thereof), available to the insured, such as, but not limited to. Fire, Extended Coverage, Builder's Risk Coverage or Installation Risk Coverage. and the Other Insurance Condition of the. policy is amended accmdingly Vt. BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE (Including Completed Operations) The insurance. for property damage liability applies, subject to the fol lowing additional prmn3ions: (A.) Exclusions Oil and (of are replaced by the following. ILAALTHIIIE 11%Z;.,...P'. VIII. NON•OWNEO WATERCRAFT LIABILITY COVERAGE (under 20 feet In length) Exclusion le) does not apply to any watercraft under 26 feet in length provided such watercraft is neither owned by the named Insured nor being used to carry persons or property for a charge. Where the insured is, irrespective of this coverage, covered or pro- tected against any loss or claim which would otherwise have been paid by the company under this endorsement, there shall be no contribution or participation by this company on the basis of excess, contributing, deficiency, concurrent, or double insurance or otherwise. IX. LIMITED WORLDWIDE LIABILITY COVERAGE The definition of policy territory is amended to include the following: 4. Anywhere in the world with respect to bodily injury, property damage, personal injury or advertising injury arising out of the activities of any insured permanently domiciled in the United States of America though temporarily outside the United States of America, its territories and possessions or Canada, provided the original suit for damages because of any such injury or dam. age is brought within the United States of America, its territories or possessions or Canada. Such insurance as is afforded by paragraph 4. above shall not apply: (a) to bodily injury or property damage included within the com- pleted operations hazard or the products hazard; (b) to Premises Medical Payments Coverage. X. ADDITIONAL PERSONS INSURED As respects bodily Injury, property damage and personal Injury and adver- tising injury coverages, under the provision "Persons Insured", the following are added as insureds: (A) Spouse—Partnership--If the named insured is a partnership, the spouse of a partner but only with respect to the conduct of the business of the named insured; (B) Employees --Arty employee (other than executive officers) of the named insured while acting within the scope of his duties as such, but the insurance afforded to such employee does not apply: (1) to bodily injury or personal injury to another employee of the named insured arising out of or in the course of his employment; 121 to personal Injury or advertising injury to the named Insured or, if the named insured is a partnership or joint venture, any partner or member thereof, or the spouse of any of the foregoing; (3) to property damage to property owned, occupied or used by, rented to, in the care, custody or control of or over which physical control is being exercised for any purpose by another employee of the named insured, or by the named insured or, if the named insured is a partnership or joint venture, by any partner or mem- ber thereof or by the spouse of any of the foregoing. XI. EXTENDED BODILY INJURY COVERAGE The definition or occurrence includes any intentional act by or at the direction of the insured which results in bodily injury, if such injury arises solely from the use of reasonable, force for the purpose of protecting persons or property. XII. AUTOMATIC COVERAGE—NEWLY ACQUIRED ORGANIZATIONS (90 DAYS) The word insured shall include as named insured any organization which is acquired or termed by the named insured and over which the named Insured maintains ownership or majority interest, other than a joint venture, provided this insurance does not apply to bodily injury, property damage, personal injury or advertising Injury with respect to which such new organization under this policy is also an insured under any other similar liability or in- demnily policy or would be an insured under any such policy but for exhaus- tion of its limits of liability. The insurance afforded hereby shall terminate 90 days from the dale any such organization is acquired or formed by the named insured. COVERAGE PART• • L 6395a Ed. 1-73) COMPREHENSIVE GENERAL LIABILITY INSURANCE For attachment to Policy No. . GLS 1931 39 , to complete said policy. ADDITIONAL DECLARATIONS Location of all premises owned by, rented to or controlled by the named insured ...... SA14E Interest of named insured in such premises 0 Owner ❑ General Lessee ® cTenant ❑ Other Part occupied by named insured ,E".E„ •ELow, PORTION The following discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein. SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are Indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. General Liability Hazards Description of Hazards Code Limits of Liability Advance Coverages each occurrence I aggregate Premiums A—Bodily Injury Liability $ $ PER 1 6108 $ 11 --Property Damage Liability $ PER I 6loS 1$ PER L61o8 $ 5-803,00 Form numbers of endorsements attached at issue $ Total Advance Premium $ 18,212.00 General Liability Hazards Description of Hazards Code Premium Bases Rates Advance Premiums B.I. P.D. Bodily Injury Property Damage Premises - Operations CONTRACTORS—CONSTRUCTION OR ERECTION—EXECUTI%E SUPERVISORS EXERCISING SUPERVISION THROUGH SUPERINTENDENTS AND FOREMEN—NOT DIRECT SUPERVISION 313-15192 33,600 16.52 5.17 5551 1737 (a) Area (Sq. Ft.) (a) Per 100 Sq. Ft. of Area Ib) Frontage (b) Per Linear Foot (c) Remuneration (c) Per $100 of Remuneration (d) Receipts (d) Per $100 of Receipts (e) Units (e) Per Unit of Admissions (f) Per 100 Admissions Escalators (Number at Premises) Number Insured Per Landing NOT COVERED NA NA NA NA NA Independent Contractors cost Per $10 of Cost CONSTRUCTION OPERATIONS CONTRACTOR (NOT 500,000 .16.03 800 400 RAILROADS EXCLUDING OPERATIONS ON 500,000 .08 .04 400 200 RIOARDSHIPS 3IS-16291_ 1,010�000 .02 O1 200 100 Completed Operations (a) Receipts (a) Per $1,000 of Receipts GENERAL CONTRACTING —BUILDING CONSTRUCTION (NOT PREFABRICATED—BUILDINGS 316-15164 NOC 2,300,000 2.373 1.463 5458 3366 Products (b) Sales (b) Per $1,000 at Sales NOT COVERED NA NA NA NA NA 06-06-88 ec Total Advance B.I. and P.D. Premiums 12 , 09.0 5 03.0 When used as a premium basis: " 1. "admissions" means the total number ut persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission tickets, complimentary tickets or passes; 2. "Cost' means the total cost to the named insured with respect to operations performed for the named insured during the pi period by inaependent contractors of all work let or sub -let in connection with each specific project, Including the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due; 3. 'receipts" means the gross amount of money charged by the named insured for such operations by the named insured or by others during the policy period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than taxes which the named insured collects as a separate item and remits directly to a governmental division; 4. 'remuneration" means the entire remuneration earned during the policy period by proprietors and by all employees of the named insured, other than chauffeurs lexcept operators of mobile equipment) and aircraft pilots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the company; 5. "sales" means the gross amount of money charged by the named insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy period for installation, servicing or repair, and includes taxes, other than taxes which the named insured and such others collect as a separate item and remit directly to a governmental division. (over) I. COVERAGE A—BODILY INJURY LIABILITY • JVERAGE B—PROPERTY DAMAGE LIABILITY lie company will,pay on behalf of the insured all sums which the insured shall jecome legally obligated to pay as damages because of A. bodily injury or B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim of suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named Insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to the parking of an automobile on premises awned by, rented to or controlled by the named insured or the ways imme- diately adjoining, if such Automobile is not owned by or rented or loaned to any insured; W to bodily injury or property damage arising out of (1) the ownership, main. tenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his em. ployment by any insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the named insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; lh) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or Serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is -imposed li) by, or because of the violation of, any statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage, or 00 by reason of the selling, serving or giving of any alcoholic beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part iii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; li) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensa. tion or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnity another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (kl to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not appply with respect to liability under a written sidetrack agreement and part 13) or this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the named insured; (0 to property damage to premises alienated by the named insured arising out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically injured or destroyed resulting from W a delay in or tack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the earned insured's products or work performed by or on behalf of the named insured to meet the level of performance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injIury to or destruction of the named insured's products or work performed by or on behalf of the named insured after suckWducts or work have been put to use by any person or organization oWhan an insured; bd to property damage to the named insured's products arising out at such products or any part of such products; (o) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work torn a part, if such products, work or property are withdrawn train the market or from use because of any known or suspected defect or deficiency therein; (q) to property damage included within (1) the explosion hazard in connection with operations identified in this policy by a classification code number which includes the symbol "x", (2) the collapse hazard in connection with operations identified in this policy by a classification code number which includes the symbol "c", (3) the underground property damage hazard in connection with operations identified in this policy by a classification code number which includes the symbol "u". If. PERSONS INSURED Each of the following is an insured under this insurance to the extent set forth below: (a) if the named insured is designated in the declarations as an individual, the person so designated but only with respect to the conduct of a business of which he isthe sole proprietor, and the spouse of the named insured with respect to the conduct of such a business; (b) if the named insured is designated in the declarations as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with respect to his liability as such; (c) if the named insured is designated in the declarations as other than an in. dividual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; (d) any person (other than an employee of the named insured) or organization while acting as real estate manager for the named insured; and (e) with respect to the operation, for the purpose of locomotion upon a public highway, of mobile equipment registered under any motor vehicle registration law, W an employee of the named insured while operating any such equipment in the course of his employment, and (ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other valid and collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an insured under this para- graph (el with respect to: (1) bodily injury to any fellow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied by the named insured or the employer of any person described in sub. paragraph fill. This insurance does not apply to bodily injury or property damage arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured. III. LIMITS OF LIABILITY Regardless of the number of (I) insureds under this policy, (2) persons or organi- zations who sustain bodily injury or property damage, or (3) claims made or suits brought on account of bodily injury or property damage, the company's liability is limited as follows: Coverage A—The total liability of the company for all damages, including damages for care and loss of services, because of bodily injury sustained by one or more persons as the result of any one occurrence shall not exceed the limit of bodily injury liability stated in the schedule as applicable to "each occurrence ': Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of (1) all bodily injury included within the completed operations hazard and (2) all bodily injury included within the products hazard shall not exceed the limit of bodily injury liability stated in the schedule as "aggregate". Coverage B—The total liability of the company for all damages because of all Property damage sustained by one or more persons or organizations as the result of any one occurrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence". Subject to the above provision respecting "each occurrence", the total liability of the company for all damages because of all property damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the schedule as "aggregate": - (1) all property damage arising out of premises or operations rated on a re- muneration basis or contractor's equipment rated on a receipts basis, including property damage for which liability is assumed under any in- cidental contract relating to such premises or operations, but excluding property damage included in subparagraph (2) below; (9) aJ property damage arising out of and occurring in the course of operations performed for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assumed under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other (3) all property damage included within the products hazard and all property damage included within the completed operations hazard. Such aggregate limit shall apply separately to the property damage described in :,ubparagraphs (1), r2) and (3) ,have, and under suboaragraohs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B—Fur the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or re- pealed exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury or property damage which occurs within the policy territory. (The Attaching Clause need 6o mpleted only when this endurxnment is issued subseeuenl lopJ.+paration of the policy) LIABILITY GL 21 16 Well. 01 66) G 316 (Malpractice and Professional Services) (Form CI This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 05-248 , forms a part of policy No. GLS193139 (1 :01 A. M., standard time) issued to SELIGMAN WESTERN ENTERPRISES by SCOTTSDALE INS CO. Description of Operations: CONTRACTOR L 9153 I l d 7 66) Aulh_._..._a..........._ ..._ ..............._......._....... ......... ori:ed aeprescon tativa It is agreed that with respect to any operation described above or designated in the policy as subject to this endorsement, the insurance does not apply to bodily injury or property damage due to the rendering of or failure to render any professional service. """'" smom 06-o6-88 ec (The Attaching Clause need Ompleted only when this endorsement Is Issued subsequ0preparalum of the policy) LIABILITY. GL 00 31 IEd. 04 84) L 8111 AMENDATORY ENDORSEMENT (1d. 4 84) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE DRUGGISTS' LIABILITY INSURANCE POLLUTION LIABILITY INSURANCE This endorsement, effective II201 AMsbndard lime), forms a part of policy No. . ., Issued to by AuMraed Representative it is agreed that the exclusion relating to bodily injury to any employee of the insured is deleted and replaced by the following: This insurance does not apply: (i) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured for which the insured may be held liable as an employer or in any other capacity; Iii) to any obligation of the insured to indemnify or contribute with another because of damages arising out of the bodily injury; or (iii) to bodily injury sustained by the spouse, child, parent, brother, of sister of an employee of the insured as a consequence of bodily injury to such employee arising out of and in the course of his employment by the insured; This exclusion applies to all claims and suits by any•pers0n or organization 101 damages because of such bodily injury including damages for care and loss of services. T NTISr Copyright, Insurance Services Office, Inc., 1983 (The Attaching Clause need be *iod only when this endorsement is issued subwgwWreporation of the polKy.) IL 00 18 (Ed. 10 84) AMENDATORY ENDORSEMENT PREJUDGMENT INTEREST This endorsement, effective l 12 p 1 AM, uona«d trnrl , forms a part of policy No. . issued to by GU 24s Itrl 10941 .............................................................. Authorized Representative The following is added to the Supplementary Payments provision in this policy: The Company will pay, in addition to the applicable limit of liability, prejudgment interest awarded against the insured on that part of the judgment the Company pays. If the Company makes an offer to pay the applicable limit of its liability, the Company will not pay any prejudgment interest based on that period of time after the offer. Copyright, Insurance Services Office, Inc„ 1984 Copyright, ISO Commercial Risk Services, Inc., 1984 (The Attaching Clause needpleted only when this endorsement is issued subsequereparation of the policy.) LIABILITY or GL 00 32 (Ed. 04 84) AMENDATORY ENDORSEMENT This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the fallowing: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE STOREKEEPER'S INSURANCE SMP LIABILITY INSURANCE This endorsement, effective issued to by 0201 AMstan0arC lime) forms a part at policy No. . , L 6178 (Ed. 4 84) Aoftrued Representative It is agreed that the exclusion relating to bodily injury to any employee of the Insured is deleted and replaced by the following: This insurance does not apply: (i) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured for which the insured may be held liable as an employer or In any other capacity; (ii) to any obligation of the insured to indemnify or contribute with another because of damages arising out of the bodily injury; or (iii) to bodily injury sustained by the spouse, child, parent, brother, or sister of an employee of the insured as a consequence of bodily injury to such employee arising out of and in the course of his employment by the insured, This exclusion applies to all claims and suits by any person or organization for damages because of such bodily injury including damages for care and loss of services. This exclusion does not apply to liability assumed by the insured under an incidental contract. D Copyright, Insurance Services Office, Inc., 1983 (The Attaching Clause tie* completed only when this endorsement is issued subseque*reparation of the policy.) It 09 28 (Ed 05 86) POLLUTION EXCLUSION I lo> outim m-inir nwddres such uumuuce is is ellmded by tire pmvizmns of the policy relating to the lollowng- BUSINESSOWNERS POLICY COMPREHENSIVE GENERAL LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE This endorsement, effective forms a part of Policy No. II2.01 A. M., slan0ai0 lime) issued to by Authorizes Representative GO 235 (Ld. S 86) It is agreed that the exclusion relating to the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants is replaced by the following: (1) to bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants-. (a) at or from premises owned, rented or occupied by the named insured; (b) at or from any site or location used by or for the named insured or others for the handling, storage, disposal, processing or treatment of waste; (c) which are at any time transported, handled, stared, treated, disposed of, or processed as waste by or for the named insured or any person or organization for whom the named insured may be legally responsible; or (d) at or from any site or location on which the named insured or any contractors or subcontractors working directly or indirectly on behalf of the named insured are performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations; or (it) if the operations are to test for, monitor, clean up, remove, contain, treat, detaxity or neutralize the pollutants. (2) to any loss, cost or expense arising out of any governmental direction or request that the named insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. 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. Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to bodily injury or property damage caused by heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Copyright, Insurance Services Office, Inc., 1986 Insert Part B here so that top edge butts against above told to permit policy number, Insured's name and address on Part B to appear through window. Aft Coverage Part(s) and Endorsement(s) (If Any) Here B. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. Assignment: Assignment of interest under this policy shall not bird the corn party until its consent is endorsed hereon; it, however, the named insured shall die, such insurance as is afforded by this policy shall apply (I) to the named insured's legal representative, as the named Insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 10, Three Year Policy: If this policy is issued for a period of three years any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation: This policy may be cancelled by the named insured by sur render thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice staling when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the of fective date and hour of cancellation stated in the notice shall become the end of the policy period. Oelrveiy of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels. earned premimn shall be computed in accordance with the customary Shutt rate table and procedure If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancel- lation becomes effective, but payment or tender of unearned premium is not a Condition of cancellation. 12. Declarations: By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is Issued in reliance upon the truth of such repr esental Ions and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this Insurance. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. - Secretary �yJ / President HOME OFFICE SCOTTSDALE, ARIZONA NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Pay menls provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (11 the nuclear material {a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used. processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials. parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its teiiitones or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by- product material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (a) containing byproduct 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 defi caution of nuclear facility; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such ma burial 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, (ul any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Liability Insurance in New York.