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HomeMy WebLinkAboutC-4460 \\ ENO RIGHT OF ENTRY AGREEMENT ���+ This Right of Entry Agreement("Right of Entry") is entered into this LV day of &ki\UCf l , 2022 by and between the CITY OF ARCADIA, a California charter city and municipal corporation ("CITY") and Santa Anita Little League ("SALL"). CITY and SALL are sometimes individually referred to in this Right of Entry as "Party" and collectively as "Parties." RECITALS A. WHEREAS, CITY is the owner in fee of that certain real property commonly referred to as Bonita Park, situated on APN 5773015936 in the City of Arcadia, California ("Property"); and B. WHEREAS, SALL desires to obtain CITY'S permission and CITY wishes to grant SALL permission to enter onto Property and cause to be provided contracted services to repair the irrigation system of Property ("Improvements"); and C. WHEREAS, SALL desires and intends to retain the services of Sanchez Irrigation ("Contractor"), under separate contract, to provide said Improvements. The Improvements are more specifically set forth in Exhibit "A", attached hereto and incorporated herein by reference; and D. WHEREAS, the Parties desire and intend to enter into this Right of Entry whereby CITY will allow SALL, its officials, employees, agents, and Contractor, to enter Property for the purpose of installing the Improvements in accordance with the terms set forth herein; NOW, THEREFORE, CITY and SALL do hereby agree as follows: AGREEMENT 1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above. Said Recitals are incorporated herein by reference. 2. Right of Entry. CITY hereby grants to SALL and its officials, employees, agents, and Contractor, a permit and temporary right to enter onto Property for the purpose of adding four (4) new pop-up rotors on the corners of the infield as well as three (3) new rotors around the pitching mound of the Bonita Park Baseball Infield and for no other purpose. The right to enter Property shall be subject to the following terms and conditions: a. Any property of CITY damaged or destroyed by SALL, or its officials, employees, agents or Contractor, incident to the exercise of the privileges herein granted, shall be promptly repaired or replaced by SALL, or in lieu of such repair or replacement, SALL shall, if so required by the CITY'S City Manager, pay to CITY money in an amount sufficient to compensate for the loss sustained by CITY or by reason of damage to or 1 destruction of CITY property. b. All tools, equipment, and other property taken onto or placed upon Property by SALL, its officials, employees, agents or Contractor, shall be removed upon expiration of this Right of Entry in accordance with Section 3 below. SALL and Contractor are solely responsible for securing any tools, equipment, and other chattel on Property. c. Improvements shall be made without any cost or expense to CITY, and shall be paid by SALL. SALL shall be responsible for payment of the full amount therefor and any approved change orders. d. SALL shall provide CITY all proposed plans and specifications for the improvements (including colors and products) for CITY approval at least ten (10) business days prior to commencement of work. SALL shall not commence work on the Improvements unless SALL has first received CITY'S written approval of such plans and specifications. e. In addition to the works and services provided by Sanchez Irrigation, SALL shall retain and pay for the work and services of a contractor to remove all 20+ of the higher volume rotor heads and replace them with 40+ high efficient pop-up heads in the foul ground areas. SALL will undertake and complete this work by July 31, 2022 pursuant to a separate RIGHT OF ENTRY AGREEMENT containing essentially the same general terms and provisions as this Right of Entry, which SALL agrees to execute. f. SALL agrees to communicate with CITY Recreation & Community Services Department("Department") as to all requests to close/lock any portion of Property and to deviate from the plans and specifications for the Improvements, as approved by the CITY. 3. Term. This Right of Entry shall be effective from the date first set forth above and shall expire on January 24, 2022 unless earlier terminated as provided herein. 4. Liens. SALL shall not permit to be placed against Property, or any part thereof, any design professionals', mechanics', materialmen's, laborers' contractors' or subcontractors' liens with regard to SALL'S actions upon Property under this Right of Entry. SALL agrees to hold CITY harmless from and against any loss or expense, including, without limitation, reasonable attorneys' fees and costs, arising from or related to any such liens which might be filed against Property. 5. Compliance with Laws/Permits. SALL shall, in all activities undertaken pursuant to this Right of Entry, comply, and ensure that its Contractor, agents and employees comply,with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. Without limiting the generality of the foregoing, SALL, at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance for any activities SALL desires to conduct or have conducted pursuant to this Right of Entry. 7 6. Insurance. SALL shall, prior to any work being performed on Property pursuant to this Right of Entry, obtain for itself, and require Contractor and any consultant entering Property on its behalf to obtain, insurance of the type, containing the provisions and in the amounts described in Exhibit "B" attached hereto and incorporated herein by reference. 7. Release. SALL hereby releases and waives, and shall be deemed to have released and waived, on behalf of itself and all permitees, any and all present or future claims, causes of action, or demands against CITY, its officials, officers, employees, volunteers and agents, that SALL and/or permitees now have or may hereafter accrue on account of, or in any way growing out of or in connection with, any and all known and unknown, or seen and unforeseen, bodily and personal injuries, including death, or property damage and the consequences thereof, resulting or which may result from any acts or omissions of SALL and/or permitees upon Property or the use of any equipment or procedures while on, entering, or leaving Property.With respect to the release and waivers set forth in this paragraph, SALL, on behalf of itself and all permitees, hereby expressly waives the provisions of Section 1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 8. Indemnification. a. SALL hereby agrees to indemnify, defend, assume all liability for and hold harmless CITY and its officials, officers,employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons, which may be caused by SALL'S activities pursuant to this Right of Entry or arising out of or in connection with such activities, whether such activities or performance thereof is by SALL, Contractor or anyone directly or indirectly employed or anyone else under contract with SALL, and whether such damage or claim shall accrue or be discovered before or after the termination of this Right of Entry. SALL specifically, and not by way of limitation, agrees that it shall be responsible for the clean up of Property upon completion of Improvements pursuant to this Right of Entry. The indemnity and other rights afforded to CITY by this section shall survive the revocation or termination of this Right of Entry. b. SALL shall require that Contractor agree to indemnify defend, assume all liability for and hold harmless CITY and its officials, officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons, which may be caused by Contractor's activities pursuant to this Right of Entry or arising out of or in connection with such activities, whether such activities or performance thereof is by Contractor, or anyone directly or indirectly employed or under subcontract with Contractor, and whether such 3 of Entry. SALL shall also require that Contractor agree that the indemnity and other rights afforded to CITY by this section as against Contractor shall also survive the revocation or termination of this Right of Entry. 9. Maintenance and Repair. CITY shall, at its own cost, exercise reasonable measures to repair and maintain Improvements on Property at all times Property is used for purposes consistent with said Improvements. CITY does not guarantee, warrant or represent that Property will continue to be used for purposes described in this Right of Entry. 10. Inspection. CITY and its representatives, employees, agents or contractors may enter and inspect Property or any portion thereof or any Improvements made thereon at any reasonable time to verify SALL'S compliance with the terms and conditions of this Right of Entry. 11. No Real Property Interest. It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in Property to SALL or Contractor. This Right of Entry is not exclusive and CITY specifically reserves the right to grant other rights of entry on and within the vicinity of Property. 12. Attorneys' Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Right of Entry, the prevailing Party shall be entitled to collect from the other its reasonable attorneys' fees as established by the judge or arbitrator presiding over such dispute. 13. Revocable License and Termination. Notwithstanding any improvements made by SALL or Contractor to Property or any sums expended by SALL or Contractor in furtherance of this Right of Entry, the right of entry granted herein is revocable and may be terminated by CITY in accordance with the terms herein. a. This Right of Entry shall terminate pursuant to its expiration date, or may be terminated at any time by CITY upon 48 hours written notice provided to SALL. b. In cases of an emergency or a breach of this Right of Entry by SALL, this Right of Entry may be terminated by CITY immediately. c. This Right of Entry may only be extended, modified or amended by mutual agreement of the Parties expressed in writing and signed by a duly authorized representative of each of the respective Parties hereto. 14. Notice. Any notice hereunder to be given by SALL to CITY shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to City Manager, City of Arcadia, 240 W. Huntington Dr., Arcadia, California 91007. Any notice to be given hereunder by CITY to SALL shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to Santa Anita Little League P.O. Box 1050 Arcadia, California 91107. 4 15. Independent Contractor. It is expressly understood that Contractor shall not be an employee of CITY, but shall instead be an independent contractor under separate contract with SALL. SALL assumes all responsibility for supervision of Contractor and warrants that Improvements shall be performed competently and professionally, in accordance with the standards prevalent in Contractor's industry. 16. Continuing Liability. No termination or expiration of this Right of Entry shall release SALL from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or expiration of this Right of Entry. 17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it, and supersedes all prior and contemporaneous agreements, representations, and understanding of the Parties with respect to such subject matter and with respect to any other agreements relating to Property. 18. Authority. The persons signing below represent and warrant that they have the requisite authority to bind the entities on whose behalf they are signing. 19. Severability of Provisions. If any one or more of the provisions of this Right of Entry shall be held by court of competent jurisdiction to be void, voidable, or unenforceable, such provision(s)shall be deemed severable from the remaining provisions of this Right of Entry and shall not affect the validity of the remaining portions of this Right of Entry. 20. Counterparts. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [Signatures on following page] 5 #001 SIGNATURE PAGE TO RIGHT OF ENTRY AGREEMENT IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date first written above. THE CITY OF ARCADIA SANTA ANITA LITTLE LEAGUE h‘fa, hINUO ; Sara Somogyi Name: Z<DN Y• Director of Recreation & Titie: Community Services t _1\_ 2012, Date ominic Lazza City Manager 20, 2W-1 Date ATTEST: :B f'G�ff Y City Clerk APPROVED AS TO FORM: By: S7' t7"-A-t"-" 4-LA" Stephen P. Deitsch City Attorney 6 1 EXHIBIT "A" IMPROVEMENTS Bonita Baseball Field Rx NP XR XR NP RNP XR R , XR 4 NP , Key: XR - Existing rotor NP — New pop-up sprinkler R— New rotor Adding four(4) new pop-up sprinklers on the corners of the infield as well as three (3) new rotors around the pitching mound of the Bonita Park Baseball Infield. All pop-up sprinklers and rotors will face inward toward the grassy infield. 7 ' 1 EXHIBIT "B" INSURANCE PROVISIONS SALL shall, prior to any work being performed on Property pursuant to this Right of Entry, obtain and shall require any consultant or contractor entering Property on its behalf to obtain insurance of the type, containing the provisions and in the amounts described below and satisfactory to CITY. A. Commercial General Liability and Indemnity Insurance. SALL shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Right of Entry Agreement or be no less than two times the occurrence limit. Such insurance shall: 1. Include CITY and its officials, officers, employees, agents, and consultants as additional insureds with respect to the construction of Improvements and Property and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds; 2. Be primary with respect to any insurance or self-insurance programs covering CITY, its officials, officers, employees, agents and consultants; and 3. Contain standard separation of insured provisions. B. Workers' Compensation Insurance. SALL shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident. C. Certificates of Insurance. SALL shall, prior to entering Property,furnish CITY with properly executed certificates of insurance and, if requested by CITY, certified copies of endorsements and policies, which clearly evidence all insurance required under this Right of Entry Agreement and provide that such insurance shall be not canceled, allowed to expire or be materially reduced in coverage, except on 30 days' prior written notice to CITY. CITY shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Right of Entry. D. Coverage Maintenance. SALL shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Right of Entry Agreement. Unless otherwise provided for in this Right of Entry Agreement, SALL shall maintain such insurance from the execution of this Right of Entry Agreement until the construction of Improvements are complete. E. Licensed Insurer. SALL shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California, unless otherwise approved, in writing, by CITY. 8 .. 4111 III A -.6-r±-1"4titri: CERTIFICATE OF LIABILITY INSURANCE 90g91.nto0.00011 THIS CERTIFICATE IS ISSUED AS A MATTER'OF INFORMATION ONLY AND CONFERS NO_RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BV:THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(R), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:: If the certificate holder is an'ADDMONAL INSURED,the policAles)iittnit.be endorsed. If SUBROGATION LSWAIVED;subject to the terOteraiiiit 6.004titions of the policy,certain poliCies.rnay.require an endorsement.;,Aidatitithant on this certificate does rickpcnifertfightS to the. certificate holderin lieu of such endorsement(s). PRODUCER, CONTACT .ADAliti CAMPOS NAmE: •- -- - • AMALIA'S::-INSURANdt SERVICES FH°NE 6264154717 Ext.io3 FAX 6.26,9154941 ,ituc.No,EMI; (AJC,NOr: . — 'EMAIL ADDRESS: AMALIASINSURANCE@GMAIL.COM 1027 NAZUSA AVE INSURERS)AFFORDING COVERAGE 'NAM 0 COVIMi CA S1722 INSURER A: pNITRp:ATAtE4LIABILITY INSURANCE INsu* INSURER B: OANIE.L.S.ANCHEZ INSURERC: INSURER D: B24 TVV1NTREE AVENUE INSURER E: AZUSA. CA 91.702 INSURER F:' COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO COMFY TNAT THE POLICIES OF INSURANCE'LISTED BELOW HAVE BEEN ISSUED TO TfIE INSURED NAMED ABOVE FOR THE FICL1CY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREP4NTi.TERMtifk.CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT it)WHICH CERTIFICATE.MAY BE ISSUED OR MAY PERTAK,THE.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND:CONDITIONS OF SUCH POLICIES.LIMITS SHOWN HAVE BEEN REDUCED:BY.PAIDCLAIMS. INSR - ' ._._ - :: ADDLSLIEdi - .. '-. POLICY EFF POLICY EXP: -"- LTR TYPE OPINSLIFIANCE INSD PAID POLICY NUMBER (MMIODIYYYYI (MM!DDIYYYYI .41.MTB' :e0M—MERCIAI.GENERAL LIABILITY EACH OCCURRENCE s, 1..,000;12100.: • DAMAGE TO RENTED '' .CLAIMSAADE r>(OCCUR PREMISES(Ea occurrened) $••10M0a,.. MED EXP(Any one person) $- 540.0. eL1130830' 12/01/2021 12/01/2022 pERSONAL&ADV INJURi' _• $. tO1040.01. -•• - - - •,,,,,.„. ..„,.., 0041--*GREGAt*ISST APPLES PER: GENERAL AGGREGATE $ Z,IJMU4ARL: 1"-"11.01k0. POLICY 1 1"JECT LOC PRODUCTS-COMP/OP AGG: S. !elolj:r.MD--- •OTHER:. S. AUTOMCNSILELIONLITY COMBINED SINGLE LIMIT $ (Ea accident) ANY.AUTO: . BODILY INJURY(Per person) S- al...DANE') —SCHEDULED BODILY INJURY(Per addttooty S. . ..Aun:)s AUTOS NON-OWNED "1501I5ERTST9NIA-0E— $. • .HIRgaAuTQ AUTOS (Par accident) S, •UMBRELLA UAW OCCUR EACH OCCURRENCE S: ...___. EXCESS LIAB CLAIMSA1ADE AGGREGATE LIED RETENTION S .$- .. , WORKERS COMPENSATION I PER I V-. 1. AND EMPLOYERS'LIABILITY Y t N —• .; ... ..., ANYPROPRIETORIPARTNER'EXECUTIVE ri E.L.EACH ACCIDENT :: S' OWICEFMAEMBEREAPLIVED? N IA (MaAdatoty in SI14.} E.L.DISEASE-EA EMPLOYEE S. rt yos desrEeyjfld. DESCRIPTION,OFOPERAIIONS beloYi E.L.DISEASE-POLICY LIMIT: $: DESCRIPTION OF OP.ERATIONS!LOCATIONS/VEHICLES(ACORD t01,Additional-Remarks Schedule,May ha attichadNMOT•;pan to Nrtiiirad) CERTIFICATE HOLDER CANCELLATION SHOULD ANTOF THE ABOVE:DESCRIBED POLICIES BE.OAHOELLEDOEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHoRizEREpatstortAnyt ADAM CAMPOS 'I ©1988-2014 ACORD CORPORATION. All tights reserved. ACORD Ot.(1614thi:)• Tne-AtOftOname and logo are registered marks.of ACORD DD/VY)(MM/ CERTIFICATE OF LIABILITY INSURANCE DATE TE(MM/11/25/21 PRODUCER CERTIFICATE#: 4051707-2022-1 4 05 17 Keystone Risk Managers, LLC 1995 Point Township Drive Northumberland, PA 17867 INSURERS AFFORDING COVERAGE: ADDITIONAL NAMED INSURED: INSURER A: Lexington Insurance Company SANTA ANITA LL INSURER B: National Union Fire Insurance Company of John Barrier (Non-Liability) Pittsburgh, PA 601 Willowbrook Circle AIG Specialty Insurance Company MONROVIA,CA 91016 INSURER C: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. *SUBJECT TO S5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES,COMBINED,UNDER THE MASTER D8O POLICY,FOR ALL LOSS ARISING FROM ALL CLASS ACTION CLAIMS AND COMMON LEAGUE CLAIMS,AS MORE FULLY DESCRIBED IN ENDORSEMENT#34 OF THE MASTER D8O POLICY. **SUBJECT TO$5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES,COMBINED,UNDER THE MASTER CYBER POLICY,FOR SPECIFIED DEFENSE COSTS,AS MORE FULLY DESCRIBED IN ENDORSEMENT#14 OF THE MASTER CYBER POLICY. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR NAMED TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) LIMITS INSRD GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X 011405744 01/01/2022 01/01/2023 $2,000,000 OCCURRENCE GENERAL AGGREGATE XINCL PARTICIPANTS Pro ert Damage Deductible:$250 PRODUCTS/COTPOPS $1,000,000 _ p y 9 AGGREGATE Sexual Abuse $1,000,000 OCCURRENCE X SEXUAL ABUSE Sexual Abuse $1,000,000 AGGREGATE MEDICAL PAYMENTS Any One Person EACH LOSS $1,000,000* C X DIRECTORS&OFFICERS 018235622 01/01/2022 01/01/2023 AGGREGATE $1,000,000 C X CYBER LIABILITY COVERAGE 017355170 01/01/2022 01/01/2023 LIMIT II MADE LIABILITY CLAIMSAGGREGATE 00 PER LEAGUEAGUE A S&P SECURITY AND PRIVACY LIABILITY $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** RETROACTIVE DATE CONTINUITY DATE INSURANCE $1,000 PER LEAGUE RETENTION POLICY INCEPTION POLICY INCEPTION REGULATORY ACTION SUBLIMIT OF $100,000 PER LEAGUE SUBLIMIT OF LIABILITY LIABILITY $1,000 PER LEAGUE RETENTION EM $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** NOT APPLICABLE POLICY INCEPTION EVENT MANAGEMENT INSURANCE $1,000 PER LEAGUE RETENTION EACH LOSS $35,000 CRIME COVERAGE Crime Deductible:$250 Property/$1,000 Money AGGREGATE NONE As in Master Policy: As in Master Policy B X SPORTS EXCESS ACCIDENT SRG9105434 01/01/2022 01/01/2023 Med.Max.$100,000 Excess Deductible $50 "X"INDICATES COVERAGE/SI SELECTED FOR ADDITIONAL NAMED INSURED ADDITIONAL INSURED Who is an Insured(SECTION II)of the General Liability policy is amended to include as an insured the person or organization shown in the schedule,but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields,or other premises loaned,donated,or rented to that Little League by such person or organizations and subject to the following additional exclusions: 1.Structural alterations,new construction,maintenance,repair or demolition operations performed by or on behalf of the person or organization designated in the Schedule and/or performed by the above named Little League;and 2. That part of the ball field or other premises not being used by the above named Little League. NAME AND ADDRESS OF PERSON OR ORGANIZATION: INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE Little League Baseball Risk Purchasing Group,Incorporated WITH THE POLICY PROV S. 539 U.S.RT. 15 Highway South Williamsport,PA 17702 , AUTHORIZED PRESENTATIVE POLICY NUMBER: 011405742 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Arcadia, It's Directors, Officials, Agents and Volunteers 240 West Huntington Drive Arcadia, CA 91066 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of Insurance shown in the Declarations; 2. In connection with your premises owned by or rented to you. whichever is less. However This endorsement shall not increase the applicable Limits of Insurance shown in the 1. The insurance afforded to such additional Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1