HomeMy WebLinkAboutClapp, Jack K - 1956-01-01 (2) CERTIFICATE OF INSURANCE
This'"ts to certify that f STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
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❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
has in torte for r.._ _nW-ICHT' S EEArH CONCEccIODT F C'..r! S BEAcI4 CONCFSSIOP
Name o1 PelleyMklnr
• 1 73 fl MATN_.S.TRFFT ' - ---•
Adarese of Polrcyboider
HUNTINCTON BE..APtI r • CA 92648 . .. .. . . _._._..-
location of operations - . ... _ ._.____.__- _ • ' ___._.__
_�--.- . .JACK AND TRANRTTE CT_APF. -•the following'Coverages for the periods and limits indicated below.
POLICY NUMBER , TYPE OF INSURANCE . POLICY PERIOD LIMITS OF LIABILITY
(ed./exp.)
nComprehensive. ' " - ❑ Duel I ImItA Inr• BODILY INJURY
General Liability
_...._. �. Each OCCurrunce S .__._.__._.._. .. . ..
UManufacturers'and Ayyreyalc $
Contractors'Liability
❑ Owners',Landlords'and PROPERTY DAMAC
Nutrias'LiabilityEach Occurrence $ ____. .. -
The above ineurenCC inClugt L B AQt)reDdto' S
tapplieebla if indwatad by ) I PROIUCTS_COMPLETCD OPERATIONS
0 OWNFRS'OR CONTRACTORS'PROTECTIVE LIABILITY
1 CONTRACTUAL LIABILITY I I
r Combined Single Limit for BODIL Y INJURY At'
PROPERTY DAMA{
0 BROAD FORM PROPERTY DAMAGE •
0 RRC)AD FORM COMPRFHENSIVE CENEPAt.LIABILITY each Occurrence $ ____
ate 5 --
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD AgGf1NTRACT(Ireprea I'IARIt ITV LIMITS
-
(oH.ioxp.)
(If different than;Move) Rom!Y INJURY
IUUSINESS Farhnruurnnra A. .
gn-Z7-O729- .—__.. MERCAIIT'.�'I. tI E . . 1oia/.92- 0/8/93 PROPERTY DAMAC
. IOUSINESS _ce $Occurrence __ ......•Eech _
90-72r9728-4 MERCANTIT•F 10/8/92-10/8/93 . _ .... • .
Aggregate $ __ _
1' J EXCESS LIABILITY - 0 Combined Sinoln I mil far BODILY INJURY At,
PROPERTY DAMAC
. • U Umbrella Each Occurrence $ 2,nor) ,OOI?
• --• L I Other APPROVED A S TO FORM: A99►e9atr. : 4,000,000
'
Gin HUTTON, City Attorney
Ey: Di_put4 (:iftorrie:� p1n 1 STATUTORY
• Workers Compensation Part 2 BODILY INJURY
❑ and Employers Emil Arnlrlrnn t
Liability . 1./ II biseA.ge.Fanh Frlgdrryarr S
DIsease•POlicy Limit S
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'AggregAh:ma applicable if Ownt•.rs'.I andlntrlr:'Mnd Tunanty'I i:rhilify inxreAnr.n McMillin!:r:Irurlrn:d Altaralinnll.rumrnnctrnerrfn or dementron.
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,
EXTENDS OR'ALTERS THE•COVERAGE APPROVED BY•ANY POLICY DESCRIBED HEREIN.
****30 DAY NOTICE WILL BE ,GIVEN TO THE CITY Or HUN'PINGTON I3EACII
IN THE EVENT OF .CANCELLATION**** •
•
' NAME AND ADDRESS OF PARTY TO.WHOM CERTIFICATC IS,ISSUED
I .CITY -OF HtNTINCTON BEACH, ITS
AGNTS, OFFICERS, AND EMPLOYEES • 6e J
2000 MAIN STREET •
n ure OI Autho, i
rceurnLrlwn
. • IlINTINGTON BEACH, CA 9264.8 1`�`
True i l
�, CI: CITY OF HUNTINGTON BEACH
651 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 25, 1989
Jack K. Clapp & Jeanette CTapp
1210 Main Street
Huntington Beach, CA 92648
The City Council of the City of Huntington Beach at the regular
meeting held August 21 , 1989 approved a five year lease agreement
with Jacks for operation of a beach concession on the city beach.
Enclosed is an executed copy of the agreement for your records.
Connie Brockway
City Clerk
CB:bt
Enc.
CC: Max Bowman, Community Services Director
Wayne Lee, Fiance
(Telephone:714-536-5227)
�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
September 25, 1989
Orange County Assessor' s Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Real Property Dept.
Enclosed is a copy of a lease agreement for city owned property
for Jack' s Beach Concession which was approved by the City Council
of the City of Huntington Beach on August 21 , 1989.
If you have any questions, please call the Office of the City Clerk,
536-5405.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone:714-536-5227)
R 414,4Zr�?71
Water
FIOME FEDEIW.
Home Federal /harlirrglan lieaci/renc/iff Office Telcg,/une 7/i/5.36.65//
Savings and Loan 2111 Main S/a-el
Association /InrNnglon Beach,California
9264/1
ASSIGNMENT
Jack K. Clapp, hereinafter called Assignors', do hereby assign, and
set over to the City of Huntington Beach, all right, title, and
interest of whatever nature, of assignor, in and to the insured
account of assignor in the Home Federal Savings and Loan Association,
evidenced by the. accpunt in the amount of $2,500.00 numbered #379-11406-4
which. is• delivered to the City of Huntington Beach herewith.
Assignor' agrees that this asignment carries. with it the right in the
insurance of the- account by the Federal Savings and Loan Insurance
Corporation, and includes: and. gives the right to the City of
Huntington Beach, to redeem, collect, and withdraw the full amount of
such account at any time. WITHOUT NOTICE TO THE ASSIGNOR. This
assignment its given as' security for liability for a maintenance
deposit.
Assignor hereby notifies the above named> Savings and Loan
Association of the assignment.
DATED 'ew) day of 1989.
./A SIGNOR
ASSIGNOR
•
„NZ_
HOME FEDERAL
Home Federal • lluntiugum lteacb/SeacliJf Office Telephone 714/536-6511
Savings and Loan 2111 Main Street
Association Huntington pearl%California
92648
CERTIFICATION OF ASSIGNMENT
TO: The Treasurer
•
Donald L. Watson •
City of Huntington Beach
2000 Main St.
Huntington Beach, Ca. 92648
This is to advise you that account #379-11406-4, at Home Federal Savings
and Loan Association, Huntington Beach branch, standing in the names of
Jack K. Clapp in the amount of $2,500.00 has been assigned to the City
of Huntington Beach for maintenance deposit, Possession of the passbook
has been given to the assignee.
A true and correct copy of the document evidencing the assignment is
attached hereto.
I certify under penalty of perjury that the foregoing is true and
correct.
Dated: 4/17///k/ /(//
iL
1 P
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REQUEST FOR CITY COUNCIL HWTION '
Date August 21 , 1989 ;
Submitted to: The Honorable Mayor and. City Council
Submitted by: Paul E. Cook, City .Administrator •
Prepared by: Melvin M. Bowman, Director, Community Service
APPROVED BY CITY COUNCIL
Subject: LEASE AGREEMENT FOR BEACH CONCESSIONS IL/ v
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'
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Consistent with Council Policy? [ ] Yes [ I New Policy or Except ciT ciRK '
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
• STATEMENT OF ISSUE
•
There is a need to enter into agreement with the 'beach concessionaires for a
five year period to provide service to the beach populace until a firm deter-
mination ha.s been made on the disposition of The Waterfront project.
RECOMMENDATION
Approve five-year agreements with ROY C. AND BETH A. MC CLYMONDS; JACK K.
AND JEANETTE R. CLAPP ; and CECIL E. ANT) VIRGINIA NELL WHEAT for the
operation of beach concessions on the city beach, and authorize the Mayor to
execute same.
ANALYSIS
On March 20, 1989, Mayor Bannister appointed Councilpersons Tom Mays,
Grace Winchell and Don MacAllister to an ad hoc committee to review the beach
concession agreements. The Director of Community Services and the Chief of
Administrative Services/Deputy City Administrator were appointed to the committee
as staff.
The committee met with staff on April 6, 1989 to discuss implementing a. short-
term agreement with the beach concessionaires. Staff submitted information
to the committee which verified that the 12- percent rental rate was reasonable
and customary for like facilities along the Southern California coast. A survey
by staff to this effect wa.s accepted by the committee at a May 16, 1989 meeting.
It was the consensus of the committee that a short-term agreement would be
most appropriate at this time to see the process of development of The Waterfront. .
A five-year extension was deemed appropriate for the beach concessions and ,
at the end or the term (January 1 , 1995) , Council would again review the con-
cessions and their relation to The Waterfront project.
The existing one-year agreement approved in February of this year will expire
December 31 , 1989. The five-year agreement is the same agreement except for
the term. On August 4, 1989, the ad hoc committee of Councilpersons Tom Mays,
Grace Winchell and Don MacAllister recommended Council approval of the five-
year agreement as submitted (see attachment) .
R= QUEST FOR CITY COUNCIL AC IN Sugust 21 , 1989
Page two
FUNDING SOURCE
Not applicable.
ALTERNATIVES
1 . Decrease or increase the term of the agreements at the discretion of Council.
2. •Deny the five year agreements and direct staff to put the concessions out
to bid.
ATTACHMENTS
Lease agreement
July 18, 1989. memo to ad hoc committee
MMB:cs
a ;
F �
• a CITY OF . HUNTINGTON BEACH
*13 2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
Melvin M.Bowman,Director
(714)536-5486
August 23, 1989
Mr. & . Mrs. :Jack Clapp
1210 Main Street
Huntington Beach, CA. 92648
Dear Mr. & Mrs. Clapp:
Re: Five Year Agreement
The City Council recently approved your new five-year agreement for
the beach concession, Jack's. The agreement is for the period commencing
January 1, 1990 and continuing to January 1 , 1995. However, before the
agreement can be executed by the Mayor and a copy sent to you, as
lessees, you must provide the following:
1. Indemnity and insurance ' in accordance with Articles 6.01 , 6.02, 6.03,
6.04, 6.05 and 6.06 of the agreement. These articles provide for a
hold harmless clause, liability insurance in the amount of $1 million,
fire insurance, workers compensation insurance, additional insured
endorsement, as well as a thirty day cancellation notice for any of.
the policies.
2. 'A security •deposit of $2,500 in accordance with Article 10.02 (e) of
the agreement, to guarantee the repair and maintenance of the leased
premises.
Please submit all insurance directly to this office, as well as the security
deposit. We will see that 'the appropriate departments are advised of
your. compliance with the requirements of. the agreement.
Thank you for your cooperation and attention to this matter. If you have
any ' questions, please don't hesitate to call me.
Sincerely, .
MELVIN M. BOWMAN
Director, Community Services
MMB:cs
cc: Robert Franz, Deputy City Administrator
Ed Thompson, Insurance and Benefits
//Connie Brockway, .City Clerk
4 Qualm'I.ile Iftrough Lduc'atiem. find C u/lure
• 4 in CITY OF HUNTINGTON BEACH
"1-; 01 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
February 9, 1989
Jack K. Clapp & Jeanette R. Clapp
1210 Main Street
Huntington Beach, CA 92648
Enclosed is a copy of Amendment to the Lease Agreement for Beach
Concession - "Dwight's" which was approved by the City Council of.
the City of Huntington Beach on February 6, 1989.
Connie Brockway, CMC
City Clerk
CB:bt
Enc.
(Telephone:714-536-5227)
;,, n CITY OF HUNTINGTON BEACH
;o1
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
February 9, 1989
Real Property Department
Orange County Assessor's Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Jack Walker
Enclosed are copies of lease agreements for city-owned property which
were approved by the City Council of the City of Huntington Beach on
February 6, 1989 between the City and the following concessionaries:
Jack's, Dwight's, Zack's, Zack's Too and Beach Hut.
If you have any questions, please call the Office of the City Clerk
at 536-5227.
4 -/L7ace
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone:714-536-5227)
U wz
REQUE'J I FOR CITY COUNC ACTION
Date February 6. 1989
Submitted to: Honorable Mayor and City Council Members
K.--
Submitted by: Paul E. Cook, City Administrator
Robert J. Franz, Deputy City Administrator C 'ONCIL
Prepared by: ,
Subject:
Nine Month Lease Extension: "DWIGHT'S" Beach �i n
Consistent with Council Policy? [X] Yes [ I New Policy or Exce i
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: 2113
Statement of Issue: A nine month extension of this beach concession agreement will permit
coordination of redevelopment plans with this concessionaire.
Recommended Action: Approve the attached agreement extending the subject lease to
September 30, 1989 and continuing thereafter on a month-to-month basis.
Analysis: "Dwight's" beach concession is subject to possible incorporation in a revised Pierside
Village Project and/or parking structure. Once plans for those projects are finalized, it will
then be possible to determine the appropriate concession lease for "Dwight's". It is, therefore,
appropriate to extend this lease for the current year's beach season and place this lease on a
month-to-month basis thereafter.
Alternative Action:
1. Extend the lease for a length of time other than nine months.
2. Solicit proposals prior to lease renewal.
Attachment: Lease agreement
.a;)
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4301 j
Pin ciao
REQUE0 i FOR CITY COUNC._ ///ACTION
Date February 6, 1989
Submitted to: Honorable Mayor and City Council Members
Submitted by: Paul E. Cook, City Administrator\
Prepared by: Robert J. Franz, Deputy City Administratorlo/ � ,,,,era
Subject: One Year Lease Extension: "JACK'S" Beach Conc: ; • tVED F� CITY•
►
C
Consistent with Council Policy? [X] Yes [ ] New Policy or Exc-+tio �T C
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: Council requested staff to prepare one year extensions of the beach
concession agreements.
Recommended Action: Approve the attached agreement extending the subject lease to
January 1, 1990.
Analysis: The existing beach concessionaires have operated the beach concessions, under leases
with the City, for many years. Most of the current leases expired January 1, 1989. Council has
indicated a desire to solicit proposals prior to consideration of multi-year agreements.
Therefore, a one year extension of the existing agreements will allow City the time to solicit
proposals.
Alternative Action:
1. Extend the leases for a length of time other than one year.
2. Solicit proposals prior to lease renewal.
Attachment: Lease agreement
.17)
4301j
DI/1 RICK
;, 14.5 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
February 9, 1989
Real Property Department
Orange County Assessor's Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Jack Walker
Enclosed are copies of lease agreements for city-owned property which
were approved by the City Council of the City of Huntington Beach on
February 6, 1989 between the City and the following concessionaries:
Jack's, Dwight's , Zack's, Zack's Too and Beach Hut.
If you have any questions, please call the Office of the City Clerk
at 536-5227.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone:714-536-5227)
LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND "JACK'S" FOR A BEACH CONCESSION LOCATED ON THE
OCEANSIDE OF PACIFIC COAST HIGHWAY SOUTH OF THE PIER
IN THE CITY OF HUNTINGTON BEACH
The CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, hereinafter referred to as "LESSOR, " hereby
leases to JACK K. CLAPP and JEANETTE R. CLAPP, individuals,
hereinafter collectively referred to as "LESSEE, " those certain
premises known as "JACK 'S" , hereinafter referred to as the
"PREMISES, " located in the County of Orange, State of California,
described more particularly in Exhibit "A" , attached hereto and
incorporated herein by this reference, upon the following terms and
conditions:
ARTICLE 1. TERM OF LEASE
Section 1 .01 . ORIGINAL TERM
This lease shall be for a term of one ( 1 ) year commencing at
12 :01 a.m. on January 1, 1989, and ending at 12 :01 a.m. on December
31, 1989 , unless sooner terminated as herein provided.
Section 1 .02 . TERMS AND CONDITIONS
LESSOR may, however, upon thirty (30 ) days ' notice in writing
to LESSEE, suspend this Agreement and the lease granted herein
without liability to the LESSOR in the event of failure of LESSEE to
comply with any of the terms or conditions or agreements hereof, or
when public necessity so requires, or to suspend operation
immediately hereunder temporarily in the event of public necessity,
as may be reasonably determined by the City Administrator .
-1 -
In the event of such suspension, LESSEE shall be allowed
sixty ( 60 ) days after notice within which to cure the failure or
default which gave rise to such suspension without termination
hereof.
Section 1 .03 . HOLD OVER
Should LESSEE hold over and continue in possession of said
premises after expiration of the term of this lease or any extension
thereof, LESSEE 'S continued occupancy of said premises shall be
considered a month-to-month tenancy subject to all the terms and
conditions of this lease.
ARTICLE 2 . RENT
Section 2 . 01. PERCENTAGE RENTAL
LESSEE agrees to pay to LESSOR as rent for the use and
occupancy of baid premises a sum equal to 12 .5 percent ( 12 .5% ) of
the amount of the gross sales, as defined in this Article, made each
month by LESSEE in, on, or from said premises . The rent specified
in this section shall be paid by LESSEE to LESSOR at 2000 Main
Street, Huntington Beach, California, 92648, or at such other place
or places as LESSOR may from time to time designate by written
notice delivered to LESSEE, within fifteen (15 ) days after the end
of the calendar month during which the gross sales on which it was
computed were made . A late charge equal to the prime commercial
interest rate established by the Bank of America shall be added on
the 10th day after any payment hereunder is due, but unpaid.
Section 2 .02 . GROSS SALES DEFINED
For the purposes of this Article, the term "gross sales"
shall mean the total selling price of all merchandise or services
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sold or rendered in, or property rented on, or from said premises by
LESSEE, his sublessees, licensees, or concessionaires, whether for
cash or on credit, and if on credit whether or not paid, shall
include, without limitation:
(a) Proceeds from all automatic vending, weighing, and
other machines owned and operated by LESSEE in or on
said premises;
(b) Commissions received by LESSEE from such automatic
vending, weighing, and other machines not owned by
LESSEE but operated in or on said premises;
(c ) Commissions received by LESSEE from the operation of
public telephones in or on said premises;
(d) Proceeds from sales based on orders solicited or taken
from, in, or on said premises for merchandise or
services to be delivered or rendered of, or from
sources outside, said premises; and
(e ) Proceeds from the renting of beach equipment of any
kind from said premises .
Section 2 .03 . GROSS SALES EXCLUSIONS
Notwithstanding the provisions of Section 2 .02 of this lease,
the term "gross sales" shall not include the following items, and
such items may be deducted from "gross sales" to the extent they
have been included therein or have been included in a prior
computation of "gross sales" on which a percentage rental has been
paid under this lease to LESSOR:
(a) Any sales or excise taxes otherwise includable in
"gross sales" as defined in this Article become part of
the total selling price of merchandise or services
-3-
rendered in, from, or on said premises where LESSEE
must account for and remit the taxes to the government
entity or entities by which they are imposed; and
(b) Any transfer of merchandise from said premises to the
manufacturer or supplier from whom it was obtained by
LESSEE .
Section 2 .04 . BOOKS AND RECORDS
LESSEE shall at all times keep or cause to be kept on the
said premises full, complete, and accurate records and books of
account showing the total amount of gross sales as defined in this
Article made each calendar month in, on, or from said premises .
Furthermore, LESSEE shall at the time of sale and in the presence of
the customer cause the full selling price of each piece of
merchandise and each service rendered in, on, or from said premises
to be recorded in a cash register or cash register tape that have
cumulative totals and are sealed in a manner approved by LESSOR.
LESSEE agrees to maintain on said premises for a period of three (3 )
years following the close of each calendar month all records and
books of account and all cash register tapes. showing or in any way
pertaining. to the gross sales made in, or from said premises during
such calendar month.
Section 2 .05. STATEMENT OF GROSS SALES
At the time specified in Section 2 .01 of this lease for the
payment of the rent specified in that section, LESSEE shall deliver
to LESSOR a true and accurate statement signed by LESSEE or by an
authorized employee of LESSEE showing the total gross sales made
during the preceding calendar month in, on, or from said premises
and the amount of rent then being paid calculated on such gross
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sales pursuant to this lease . LESSOR may at any time within three
(3 ) years after receiving any such statement, at his own cost and
expense, cause all books, records, and cash register tapes described
in Section 2 . 04 of this lease for the calendar month purportedly
covered by the statement to be audited by a public or certified
,public accountant selected by LESSOR. LESSEE shall on receiving
written notice of LESSOR'S desires for such an audit deliver and
make available all such books, records, and cash register tapes to
the public or certified public accountant selected by LESSOR.
Furthermore, LESSEE shall promptly on demand reimburse LESSOR for
the full cost and expense of the audit should the audit disclose
that the questioned statement understated gross sales or the rent
payable because of gross sales by five (5%) percent or more.
ARTICLE 3 . USE OF PREMISES
Section 3 .01. PERMITTED USE
The premises are let for the purpose of operation of a beach
concession for the sale of merchandise, food, rental of beach
equipment, and other such uses as may from time to time be approved
in writing by LESSOR. LESSOR reserves the right to prohibit the
sale or rental of any item or article which is objectionable or
beyond the scope of the merchandise necessary for proper service to
the public or public safety. The prices for the merchandise sold
and the rental of the recreational beach and water equipment shall
be fixed by LESSEE, and LESSOR reserves the right to establish and
revise a schedule of maximum prices for any or all items sold or
rented to the public by LESSEE, provided, however, that such
schedule of maximum prices established by LESSOR shall be reasonable
-5-
and in accordance with the best interests of the public, the LESSEE,
and the LESSOR.
ARTICLE 4 . TAXES AND UTILITIES
Section 4 .01 PAYMENT OF UTILITY CHARGES
LESSEE shall pay, and hold LESSOR and the property of LESSOR
free and harmless from, all charges for the furnishing of gas,
water, electricity, telephone service, and other public utilities to
said premises during the term of this lease or any extension thereof
and for the removal of garbage and rubbish from said premises during
the term of this lease or any extensions thereof .
Section 4 .02 . PERSONAL PROPERTY TAXES
LESSEE shall pay before they become delinquent all taxes,
assessments, or other charges levied or imposed by any governmental
entity on the furniture, trade fixtures, appliances, and other
personal property placed by LESSEE in, on, or about said premises
including, without limiting the generality of the other terms used
in this section, any shelves, counters, vaults, vault doors, wall
safes, partitions, fixtures, machinery, plant equipment, office
equipment, television or radio antennas, or communication equipment
brought on said premises by LESSEE .
Section 4 .03 . REAL PROPERTY TAXES
All real property taxes or possessory interest taxes and
assessments levied or assessed against said premises by any
governmental entity, shall be paid before they become delinquent by
LESSEE .
-6-
ARTICLE 5 . MAINTENANCE, ALTERATIONS AND REPAIRS
Section 5 . 01. MAINTENANCE BY LESSEE
LESSEE shall, at his own cost and expense, maintain in good
condition and repair the exterior roof, exterior walls, structural
supports , and the foundation of said premises including window
glass . In the event that LESSEE fails to so maintain such items,
LESSOR shall promptly be reimbursed by LESSEE for the full cost of
any such repairs made by LESSOR.
Except as otherwise expressly provided in Section 5 .02 of
this lease, LESSEE shall at his own cost and expense keep and
maintain all portions of said premises as well as all improvements
on said premises and all facilities appurtenant to said premises in
good order and repair and in as safe and clean a condition as they
were when received by LESSEE from LESSOR, reasonable wear and tear
also excepted.
Section 5.02 . MAINTENANCE OF SHOW WINDOW GLASS
• LESSEE shall, at his own cost and expense, repair and replace
any glass in any show window on said premises that becomes broken
regardless of cause, including show window glass that is broken by
fire, by act of God, except by fault of LESSOR, or by fault of some
employee or agent of LESSOR. Furthermore, LESSEE shall at his own
cost and expense at all times during the term of this lease carry
adequate plate glass insurance on the glass in all show windows on
said premises to perform the repair and replacement requirements of
this section. Should LESSEE fail to repair or replace any glass
broken in a show window or fail to maintain adequate plate glass
insurance on the glass in show windows on said premises, LESSOR may
replace or repair the broken glass or secure such insurance and
-7-
LESSEE will promptly reimburse LESSOR for the cost thereof and pay
LESSOR interest on such costs at the rate of ten (10% ) percent per
annum from the date the costs were incurred by LESSOR to the date
they are reimbursed to LESSOR by LESSEE .
Section 5 . 03 . ALTERATIONS AND LIENS
LESSEE shall not make or permit any other person to make any
alterations to said premises or to any improvement thereon or
facility appurtenant hereto without the written consent of LESSOR
first had and obtained. LESSEE shall keep the premises free and
clear from any and all liens, claims, and demands for work
performed, materials furnished, or operations conducted on said
premises at the instance or request of LESSEE . Furthermore, any and
all alterations, additions, improvements, and fixtures, except
furniture and trade fixtures, made or placed in or on said premises
by LESSEE or any other person shall on expiration or sooner
termination of this lease become the property of LESSOR and remain
on said premises, provided, however, that LESSOR shall have the
option on expiration or sooner termination of this lease of
requiring LESSEE, at LESSEE 'S sole cost and expense, to remove any
or all such alterations, additions, ,improvements, or fixtures from
said premises.
Section 5 . 04. INSPECTION BY LESSOR
LESSEE shall permit LESSOR or LESSOR' S agents,
representatives, or employees to enter said premises at all
reasonable times for the purpose of inspecting said premises to
determine whether LESSEE is complying with the terms of this lease
and for the purpose of doing other lawful acts that may be necessary
to protect LESSOR'S interest in said premises under this lease or to
perform LESSOR'S duties under this lease.
-8-
Section 5 .05 . SURRENDER OF PREMISES
On expiration or sooner termination of this lease, or any
extensions or renewals of this lease, LESSEE shall promptly
surrender and deliver said premises to LESSOR in as good condition
as they are now at the date of this lease. Reasonable wear and tear
and repairs herein required to be made by LESSOR excepted.
ARTICLE 6 . INDEMNITY AND INSURANCE
Section 6 . 01 . HOLD-HARMLESS CLAUSE
LESSEE agrees to indemnify, defend and hold LESSOR, its
officers, agents and employees, and the property of LESSOR,
including said premises free and harmless from any and all claims,
liability, loss, damage, or expenses resulting from LESSEE 'S
occupation and use of said premises, specifically including, without
limitation, any claim, liability, loss, or damage arising from the
passive, concurrent negligence of LESSOR, but save and except those
which arise from the active concurrent negligence, sole negligence,
or sole willful misconduct of LESSOR, and including those arising by
reason of:
(a) The death or injury of any person or persons,
including LESSEE or any person who is an employee
or agent of LESSEE, or by reason of the damage to
or destruction of any property, including
property owned by LESSEE or any person who is
anemployee or agent of LESSEE, and caused or
allegedly caused by either the condition of said
premises, or some act or omission of LESSEE or of
some agent, contractor, employee, servant,
-9-
sublessee, or concessionaire of LESSEE on said
premises;
(b) Any work performed on said premises or materials
furnished to said premises at the instance or
request of LESSEE or any agent or employee of
LESSEE; and
(c) LESSEE ' S failure to perform any provision of this
lease or to comply with any requirement of law or
any requirement imposed on LESSOR or the leased
premises by any duly authorized governmental
agency or political subdivision.
LESSEE will conduct all defense at his sole cost and expense
and promptly reimburse LESSOR for any costs or attorney fees
incurred by LESSOR.
Section 6 .02 . LIABILITY INSURANCE
In addition to the workers ' compensation insurance and
LESSEE 'S covenant to indemnify LESSOR, LESSEE shall obtain and
furnish to LESSOR the following insurance policy covering the said
premises :
General Liability Insurance. A policy of general public
liability insurance, including motor vehicle coverage . Said policy
shall indemnify LESSEE, its officers, agents and employees, while
acting within the scope of their duties, against any and all claims
of arising out of or in connection with the said premises, and shall
provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual
liability of $1,000,000 per occurrence or if a designated aggregate
-10-
form is utilized, $2 ,000,000 in , the annual aggregate as required by
resolution of City Council . Said policy shall name LESSOR, its
officers, and employees as Additional Insureds, by endorsement
attached thereto, and shall specifically provide that any other
insurance coverage which may be applicable to said premises shall be
deemed excess coverage and that LESSEE 'S insurance shall be primary.
A Certificate of Insurance for said policy shall be approved
in writing by the City Attorney prior to the commencement of the
lease term, and a current Certificate shall be furnished at all
times during the lease term. All ''Certificates of Insurance (and the
policies of insurance or endorsements thereof) shall provide that
any such Certificates and policies shall not be cancelled or
modified without thirty (30 ) days ' prior written notice to LESSOR.
LESSEE shall notify LESSOR immediately if and when any of said
policies are reduced in coverage or limits due to payment of a claim
by its insurance carrier .
Section 6 . 03 . FIRE INSURANCE
In order that the business of LESSEE and the gross sales of
LESSEE as defined in this lease may continue with as little
interruption as possible, LESSEE shall, during the full term of this
lease and any renewals or extensions thereof, maintain at LESSEE ' S
own cost and expense an insurance policy issued by a reputable
company authorized to conduct insurance business in California
insuring for their full insurable value all fixtures and equipment
and, to the extent possible, all merchandise that is, at any time
during the term of this lease or any renewal or extension thereof,
in or on said premises against damage or destruction by fire, theft,
or the elements.
-11-
LESSEE shall also maintain in force during the entire term of
this agreement, a standard broad form fire insurance policy in which
the LESSOR is named and in which any and all losses are made payable
to LESSOR. The face amount of said policy shall be for eighty (80% )
percent of the replacement value of the premises, and be in a form
acceptable to the City Attorney.
Section 6 .04 . WORKERS ' COMPENSATION POLICY CERTIFICATE WITH
STATUTORY LIMITS
LESSEE shall comply with all of the provisions of the
Workers ' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Divisions 4 and 5 of the
California Labor Code and all amendments thereto; and all similar
state or federal acts or laws applicable; and shall indemnify,
defend and hold harmless LESSOR from and against all claims,
demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney' s fees and costs,
presented, brought or recovered against LESSOR, for or on account of
any liability under any of said acts which may be incurred by reason
of any activity performed by LESSEE under this agreement .
LESSEE shall obtain and furnish evidence to LESSOR, of
maintenance of statutory workers ' compensation insurance and
employers ' liability in an amount of not less than $500 ,000 bodily
injury by accident, each accident, $500 ,000 bodily injury by
disease, each employee, and $1,000,000 bodily injury by disease,
policy limit.
Section 6 . 05 . LESSOR'S INSURANCE EXCESS
All policies of insurance shall specifically provide that
LESSOR is an additional named insured and that any policy of
insurance maintained by the LESSOR which may be applicable to any
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loss hereunder shall be deemed excess to LESSEE 'S policy of
insurance. Thirty (30 ) days prior to LESSOR'S possession of
premises, LESSEE shall furnish to LESSOR, a certificate, endorsed by
the carrier or its agent, as proof of the existence of the insurance
required hereunder . Such certificate and policy or policies
required by this agreement shall be in a form acceptable to the City
Attorney.
Section 6 . 06 . CANCELLATION OF POLICIES
The above described policy or policies shall contain a
provision that thirty (30 ) days ' notice of termination, cancellation
or reduction of coverage of insured or additional insured shall be
given in writing to LESSEE .
ARTICLE 7 . SIGNS AND TRADE FIXTURES
Section 7 .01. INSTALLATION AND REMOVAL OF TRADE FIXTURES
LESSEE shall have the right at any time and from time to time
during the term of this lease and any renewal or extension of such
term, at LESSEE 'S sole cost and expense, to install and affix in,
to, or on said premises such items, herein called "trade fixture, "
for use in LESSEE 'S trade or business as LESSEE may, in his sole
discretion, deem advisable . Any and all such trade fixtures that
can be removed without structural damage to said premises or any
building or improvements on said premises shall, subject to Section
7. 02 of this lease, remain the property of the LESSEE and may be
removed by LESSEE at any time prior to the expiration or sooner
termination of this lease.
Section 7 . 02 . TRADE FIXTURES AS SECURITY FOR LEASE
Subject to and to be subordinated to any security interest
which LESSEE may give to any leading institution and/or financing
-13-
source for the purpose of obtaining financing for the purchase of
trade fixtures and equipment or the operation of said premises,
LESSEE hereby grants to LESSOR a security interest in all trade
fixtures and equipment owned by LESSEE and now or hereafter placed
on said premises by LESSEE as security for the faithful performance
of all the terms, conditions, and covenants of this lease to be
performed by LESSEE . Any right or rights of removal of trade
fixtures given LESSEE by the provisions of Section 7 .01 of this
lease shall be exercisable only if, at the time for removal, LESSEE
is not in default in performance of this lease . LESSEE may,
however, at any time he is not in default in performance of this
lease, trade in or replace any ' trade fixture free of the security
interest created by this section and this security interest will
then attach to the item that replaced such trade fixture. On
default in performance of any obligation of this lease to be
performed by LESSEE, LESSOR shall immediately have, as to the trade
fixtures, the remedies provided to a secured party under the Uniform
Commercial Code as enacted in California.
Section 7 .03 . UNREMOVED TRADE FIXTURES
Any trade fixtures described in this Article that are not
removed from said premises by LESSEE within thirty (30 ) days after
the expiration or sooner termination, regardless of cause, of this
lease shall be deemed abandoned by LESSEE and shall automatically
become the property of LESSOR as owner of the real property to which
they are affixed and not simply because of the lien described in
Section 7 .02 of this lease.
Section 7 .04 . SIGNS
LESSEE shall not place and maintain, nor permit any other
person to place or maintain, on or in any exterior door, wall, or
-14-
window of said premises any sign, awning, canopy, marquee, or other
advertising without the express written consent and approval of
LESSOR. Furthermore, LESSEE shall not place any decoration,
lettering, or advertising matter on the glass of any exterior show
window of said premises without the written approval and consent of
LESSOR. Should LESSOR consent to any such sign, awning, canopy,
marquee, decoration., or advertising matter, LESSEE shall maintain it
at all times during this lease in good appearance and repair . On
expiration or sooner termination of this lease, and of the items
mentioned in this section not removed from said premises by LESSEE
on such expiration or termination of this lease may, without damage
or liability, be destroyed by LESSOR. This lease is expressly
contingent upon approval of all signs by both LESSOR and LESSEE .
ARTICLE 8 .
Section 8 .01 . PARTIAL DESTRUCTION
At the option of the LESSOR, should said premises or the
building on said premises be partially destroyed by any cause not
the fault of LESSEE or any person in or about said premises with the
consent, express or implied, of LESSEE, this lease shall continue in
full force and effect and LESSOR, at LESSOR'S own cost and expense,
shall promptly commence and diligently continue and complete the
work of repairing and restoring said premises to their prior
condition providing such work can be accomplished under all
applicable governmental laws and regulations within one hundred
eighty ( 180 ) working days .
Section 8 .02 . TOTAL DESTRUCTION
At the option of the LESSOR, should said premises or the
building on said premises be so far destroyed by any cause not the
-15-
fault of LESSEE or any person in or about said premises with the
consent, expressed or implied, of LESSEE that they cannot be
repaired or restored to their former condition within one hundred
eighty ( 180 ) working days, LESSOR may, at LESSOR'S option:
(a) Continue this lease in full force and effect by
repairing and restoring, at LESSOR'S own cost and
expense, said premises to their former condition;
or
(b) Terminate this lease by giving LESSEE written
notice of such termination .
Section 8 . 03 . INSURANCE PROCEEDS
Any insurance proceeds received by LESSOR because of the
total or partial destruction of said premises or the building on
said premises shall be the sole property of LESSOR, free from any
claims of LESSEE, except any and all insurance proceeds, including
business interruption insurance which would ordinarily flow to the
benefit of LESSEE.
Section 8. 04 . ABATEMENT OF RENT
Should LESSOR elect under Section 8 .02 of this lease or. be
required under Section 8 . 01 of this lease to repair and restore said
premises to their former condition following partial or full
destruction of said premises or the building on said premises :
(a) LESSOR shall have. full right to enter said
premises and take possession of so much of said
premises, including the whole of said premises,
as may be reasonably necessary to enable LESSOR
promptly and efficiently to carry out the work of
repair and restoration; and
-16-
(b) The percentage rent described in Section 2 .01 of
this lease shall not be abated for the time
LESSEE is prevented from using the whole of said
premises .
Section 8 .05 TOTAL CONDEMNATION
Should, during the term of this lease or any renewal or
extension thereof, title and possession of all of said premises be
taken under the power of eminent domain by any public or
quasi-public agency or entity, this lease shall terminate as of
12 :01 a.m. of the date actual physical possession of said premises
is taken by the agency or entity exercising the power of eminent
domain and both LESSOR and LESSEE shall thereafter be released from
all obligations, except those specified in Section 8 .08 of this
lease, under this lease.
Section 8 .06 . TERMINATION OPTION FOR PARTIAL CONDEMNATION
Should, during the term of this lease or any renewal or
extension thereof, title and possession of only a portion of said
premises be taken under the power of eminent domain by any public or
quasi-public agency or entity, LESSEE may, at LESSEE ' S option,
terminate this lease if more than five percent (5%) of the ground
area [or floor space] or more than 10 percent (100 ) in value of said
premises if taken under the power of eminent domain. LESSEE shall
exercise his option by giving written notice to LESSOR within 30
days after actual physical possession of the portion subject to the
eminent domain is taken by the agency or entity exercising the
power . This lease shall terminate as of 12 :01 a.m. of the date the
notice if deemed given to LESSOR.
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Section 8 .07. PARTIAL CONDEMNATION WITHOUT TERMINATION
Should LESSEE fail to exercise the option described in
Section 8 .06 of this lease or should the portion of said premises
taken under the power of eminent domain be insufficient to give rise
to the option described in Section 8 .06 of this lease, then, in the
event :
(a) This lease shall terminate as to the portion of
said premises taken by eminent domain as of 12 : 01
• a .m. of the day, herein called the "date of
taking, " actual physical possession of that
portion of said premises is taken by the agency
or entity exercising the power of eminent domain.
(b) LESSOR, at LESSOR'S own cost and expense, shall
remodel or reconstruct the building remaining on
the portion of said premises not taken by eminent
domain into a single efficient architectural unit
as soon after the date of taking, or before, as
can be reasonably done, provided, however, that
the percentage rent specified in this lease shall
be abated or reduced during such remodeling and
reconstruction.
Section 8 . 08. CONDEMNATION AWARD
Should, during the term of this lease or any renewal or
extension thereof, title and possession of all or any portion of
said premises be taken under the power of eminent domain by any
public or quasi-public agency or entity, the portion of the
compensation or damages for the taking awarded to each of the
parties to this lease, LESSOR and LESSEE, shall belong to and be the
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sole property of the party LESSOR or LESSEE, to whom it is awarded.
LESSEE shall be entitled to that portion of the compensation or
damages awarded for the eminent domain taking that represents (1 )
the reasonable value of LESSEE 'S rights under this lease for the
unexpired term of this lease, (2 ) the cost or loss sustained by
LESSEE because of the removal of LESSEE 'S merchandise, trade
fixtures, equipment, and furnishings from the portion of said
premises taken by eminent domain, and (3 ) whatever other
compensation and/or damages which may be usual and customary to
LESSEES under the circumstances.
Section 8. 09 . ARBITRATION OF CONDEMNATION AWARD
Should separate awards not be made to LESSOR and LESSEE for
the taking by eminent domain of all or any portion of said premises ,
and should LESSOR and LESSEE be unable to agree on the manner the
total award is to be divided between them, pursuant to Section 8 .08
of this lease, the proper division of the award between LESSOR and
LESSEE shall be settled by arbitration in accordance with the rules
promulgated by the American Arbitration Association. Each party
shall appoint an arbitrator and the two arbitrators so appointed
shall, within a month after both have been appointed, select a third
arbitrator . The decision of any two of the three arbitrators in
writing shall be binding on both LESSOR and LESSEE . Should no two
arbitrators be able to agree within one month after appointment of
the third arbitrator, the report of the arbitrator most favorable to
LESSOR and the report of the arbitrator most favorable to LESSEE
shall both be disregarded and the report of the remaining arbitrator
shall be binding on both LESSOR and LESSEE . Should either LESSOR or
LESSEE fail to appoint an arbitrator within fifteen (15 ) days after
-19-
receiving written notice from the other to do so, the arbitrator
selected by the other party shall act for both and his decision in
writing shall be binding on both LESSOR AND LESSEE .
ARTICLE 9 . DEFAULT, ASSIGNMENT, AND TERMINATION
Section 9 .01. SUBLEASING OR ASSIGNING AS BREACH
LESSEE shall not encumber, assign, or otherwise transfer this
lease, any right or interest in this lease, or any right or interest
in said premises or any of the improvements that may now or
hereafter be constructed or installed on said premises without the
express written consent of LESSOR first had and obtained. Neither
shall LESSEE sublet said premises or any part thereof or allow any
other person, other than LESSEE ' S agents, servants, and employees to
occupy said premises or any part thereof without the prior written
consent of LESSOR. A consent by LESSOR to one assignment, one
subletting, or one occupation of said premises by another person
shall not be deemed to be a consent to any subsequent assignment,
subletting, or occupation of said premises by another person. Any
encumbrance, assignment, transfer, or subletting without the prior
written consent of LESSOR, whether it be voluntary or involuntary,
by operation of law or otherwise, is void and shall, at the option
of LESSOR, terminate this lease . The consent of LESSOR to any
encumbrance, assignment including occupation or transfer hereof of
LESSEE 'S interest in this lease or the subletting by LESSEE of said
premises or parts of said premises shall not be unreasonably
withheld; however, LESSOR shall have the right of first refusal in
connection with any assignment, sale, sublease or transfer hereof
and agrees to exercise or refuse such right in writing within thirty
-20-
(30 ) days ' notice by LESSEE . Such right shall not apply, however,
to assignments, transfers, or sublettings to immediate family
members of LESSEE, a family trust, or to any corporate entity of
which LESSEE, or any of LESSEE 'S immediate family, are sole
stockholders .
Section 9 .02 . ABANDONMENT BY LESSEE
Should LESSEE breach this lease and abandon said premises
prior to the natural expiration of the term of this lease, LESSOR
may:
(a) Continue this lease in effect by not terminating
LESSEE 'S right to possession of said premises, in
which event LESSOR shall be entitled to enforce
all his rights and remedies under this lease,
including the right to recover the rent specified
in this lease as it becomes due under this lease;
or
(b) Terminate this lease and recover from LESSEE :
( 1) The worth at the time of award of the
unpaid rent which had been earned at the
time of termination of the lease;
(2 ) The worth at the time of award of the
amount by which the unpaid rent which would
have been earned after termination of the
lease until the time of award exceeds the
amount of rental loss that LESSEE proves
could have been reasonably avoided;
( 3 ) The worth at the time of award of the
amount by which the unpaid rent for the
balance of the term of this lease after the
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JV.,...1
time of award exceeds the amount of rental
- loss that LESSEE proves cou`1d be reasonably
avoided; and
(4 ) Any other amount necessary to compensate
LESSOR for all detriment proximatelyNcaused
by LESSEE ' S failure to perform his ,
obligations under this lease.
Section 9 .03 . DEFAULT BY LESSEE
Should LESSEE default in the performance of any of the
covenants, conditions, or agreements contained in this lease, LESSEE
shall have breached the lease and LESSOR may, in addition to the
remedy specified in the subparagraph (b) of Section 9 .02 of this
lease, reenter and regain possession of said premises in the manner
provided by the laws of unlawful detainer of the State of California
then in effect .
Section 9 . 04 . INSOLVENCY OF LESSEE
The insolvency of LESSEE as evidenced by a receiver being
appointed to take possession of all or substantially all of the
property of LESSEE, or the making of a general assignment for the
benefit of creditors by LESSEE, or filing a petition in bankruptcy
shall terminate this lease and entitle LESSOR to reenter and regain
possession of said premises .
Section 9 .05 . CUMULATIVE REMEDIES
The remedies given to LESSOR in this Article shall not be
exclusive but shall be cumulative and in addition to all remedies
now or hereafter allowed by law or elsewhere provided in this lease.
Section 9 .06 . WAIVER OF BREACH
The waiver by LESSOR of any breach by LESSEE of any of the
provisions of this lease shall not constitute a continuing waiver or
-22-
a waiver of anysubsequent breach byLESSEE either of the same or
q
another provision of this lease.
ARTICLE 10 . MISCELLANEOUS
Section 10 . 01 . FORCE MAJEURE - UNAVOIDABLE DELAYS
Should the performance of any act required by this lease to
be performed by either LESSOR or LESSEE be prevented or delayed by
reason of an act of God, strike, lockout, labor troubles, inability
to secure materials, restrictive governmental laws or regulations ,
or any other cause except financial inability not the fault of the
party required to perform the act, the time for performance of the
act will be extended for a period equivalent to the period of delay
and performance of the act during the period of delay will be
excused, provided, however, that nothing contained in this section
shall excuse the prompt payment of rent by LESSEE as required by
this lease or the performance of any act rendered difficult solely
because of the financial condition of the party, LESSOR or LESSEE,
required to perform the act .
Section 10 .02 . CARE OF PREMISES - MAINTENANCE DEPOSIT
(a) LESSEE shall paint, stain or seal the premises ' stucco,
trim, etc. , a minimum of every two years, unless it is
determined by LESSOR in its sole discretion, that such
work shall be done once every year . All exterior metal
surfaces shall be painted no less than once each year
except the roof.
(b) Any and all graffiti shall be removed by LESSEE at it ' s
own expense from the leased premises within forty-eight
(48 ) hours ' notice thereof .
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(c ) LESSEE shall not obstruct, cause or permit any
obstruction surrounding the premises or any part
thereof in any manner whatsoever .
(d) LESSEE shall comply with all written notices served by
LESSOR with regard to the care and maintenance of the
premises .
( 1) Any written notice hereunder shall specify the
work to be done, the estimated cost thereof, and
the period of time deemed to be reasonably
necessary for completion of such work . Should
LESSEE fail to comply with LESSOR'S written
notice within fifteen (15 ) days, or within a time
deemed reasonably necessary of the time specified
therein, LESSEE shall pay over to LESSOR the
estimated cost of such work as setforth in the
notice. Upon receipt of such sum, LESSOR shall
then proceed to cause the required work to be
performed.
(e) Upon execution hereof, LESSEE shall pay and maintain at
all times hereunder, a security deposit with LESSOR in
a sum of not less than Two Thousand Five Hundred
dollars ($2,500 ) to guarantee the repair and
maintenance of the leased premises as provided
hereinabove . Such deposit may be in the form of cash
or an assignment of certificate of deposit or savings
account . The form of any such assignment shall be
approved by the City Attorney. The interest accrued on
said deposit shall be paid to LESSEE annually. A
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surety bond approved by the City Attorney may be
substituted for the above mentioned deposit .
( f) EMERGENCY CLOSING OR CLOSING TO EFFECT
REPAIR/REMODELING THE PREMISES
LESSOR may close the beach without liability therefor
at any time it deems necessary for the protection of
life, limb or property, or upon reasonable notice to
effect any repair, remodeling or rebuilding deemed
necessary by LESSOR. In such event, Section 8 .04 (b)
hereof shall also apply.
(g) DELIVERIES OF SUPPLIES
LESSOR shall establish the days and times deliveries of
supplies may be made and advise LESSEE in writing
thereof .
(h) EMPLOYEE PARKING
LESSOR shall establish the days and times when LESSEE
and LESSEE 'S employees and number of automobiles,
trucks, and other motorized and non-motorized vehicles
may park, and where, and advise LESSEE in writing
thereof.
( i ) NOTICE
Any written notice, given under the terms of this
agreement, shall be either delivered personally or
mailed, certified mail, postage prepaid, addressed to
the party concerned, as follows :
-25-
TO CITY: TO LESSEE :
Mr . Robert Franz Mr . Jack Clapp
Deputy City Administrator 1210 Main Street
City of Huntington Beach Huntington Beach, CA 92648
2000 Main Street
Huntington Beach, CA 92648
END OF PAGE
-26-
( j ) LESSEE 'S RIGHT TO RENEGOTIATE LEASE
If, in the event, LESSOR shall at some future time
within the term of this lease or any extension thereof,
redevelop the immediate area on which said premises is
situated, or the immediate adjacent surrounding area
thereto, to the extent that one or more new eating
facilities are constructed and situated either on said
immediate area or adjacent thereto, and, in such event,
LESSEE can demonstrate that such has or will cause him
to be detrimentally affected thereby, then, in such
event, LESSEE shall have the right to request that the
terms, conditions, and provisions of this lease be
renegotiated. In that event and upon such request by
LESSEE, LESSOR will respond and act reasonably ,and in
good faith in the renegotiation of this lease.
( k) INSURANCE HAZARDS
LESSEE shall not commit or permit the commission of any
acts on said premises nor use or permit the use of said
premises in any manner that will increase the existing
rates for or cause the cancellation of any fire,
liability, or other insurance policy insuring said
premises or the improvements on said premises . LESSEE
shall, at his own cost and expense, comply with any and
all requirements of LESSOR'S insurance carriers
necessary for the continued maintenance at reasonable' •
rates of fire and liability insurance policies on said
premises and the improvements on said premises.
-27-
( 1 ) WASTE OR NUISANCE
LESSEE shall not commit or permit the commission by
others of any waste on said premises; LESSEE shall not
maintain, commit, or permit the maintenance or
commission of any nuisance as defined in Section 3479
of the California Civil Code on said premises; and
LESSEE shall not use or permit the use of said premises
for any unlawful purpose.
(m) COMPLIANCE WITH LAW
LESSEE shall at LESSEE 'S own cost and expense comply
with all statutes, ordinances, regulations, and
requirements of all governmental entities, both federal
and state and county or municipal, relating to LESSEE 'S
use and occupancy of said premises whether such
statutes, ordinances, regulations, and requirements be
now in force or hereinafter enacted. The judgment of
any court of competent jurisdiction, or the admission
by LESSEE in a proceeding brought against LESSEE by any
government entity, that LESSEE has violated any such
statute, ordinance, regulation, or requirement shall be
conclusive as between LESSOR and LESSEE and shall be
ground for termination of this lease by LESSOR.
(n) BINDING ON HEIRS AND SUCCESSORS
This lease shall be binding on and shall inure to the
benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
(o) PARTIAL INVALIDITY
Should any provision of this lease be held by a court
-28-
of competent jurisdiction to be either invalid, void,
or unenforceable, the remaining provisions of this
lease shall remain in full force and effect unimpaired
by the holding, so long as the reasonable expectations
of the parties hereto are not materially impaired.
(p) SOLE AND ONLY AGREEMENT
This instrument constitutes the sole and only agreement
between LESSOR and LESSEE respecting said premises, the
leasing of said premises to LESSEE, or the lease term
herein specified, and correctly sets forth the
obligations of LESSOR and LESSEE to each other as of
its date. Any agreements or representations respecting
said premises or their leasing by LESSOR to LESSEE not
expressly set forth in this instrument are null and
void.
(q) TIME OF ESSENCE
Time is expressly declared to be the essence of this
lease.
( r ) CONSESSION ROOF
Tenant is required to maintain the concession roof
including all materials and repairs to LESSOR' S
satisfaction.
(s ) GOODS OR SERVICES
In the event the Mayer Corporation requests that
concessionaire provide goods and/or services, the cost
for any such request shall be charged to and paid by
the Mayer Corporation on a "cost-plus" basis .
-29-
• , •
( t ) EXTERIOR MODIFICATIONS
In the event the LESSOR requests exterior modifications
to the building on the premises, any such work shall
occur during the off season and in every way seek to
minimize any disruption in LESSEE 'S business . Any and
all costs for such modifications shall be paid by the
LESSOR or its nominee . No such cost shall be paid by
concessionaire .
WARNING : READ THE FOLLOWING PARAGRAPH BEFORE
EXECUTING THIS LEASE AGREEMENT
ARTICLE 11 . LESSEE 'S NON-ELIGIBILITY FOR RELOCATION ASSISTANCE
The leased PREMISES is within a redevelopment project area.
Government Code § 7260 et . seq. provides for relocation benefits for
displaced persons . However, the LESSEE, if displaced, would not be
entitled to relocation benefits by virtue of the fact that the
premises have heretofore been acquired and are being held by LESSOR
expressly for redevelopment purposes. IN CONSIDERATION OF THIS
INTERIM LEASE, LESSEE HEREBY ACKNOWLEDGES THAT NO BENEFITS ARE
AVAILABLE AND EXPRESSLY WAIVES ANY CLAIM TO RELOCATION BENEFITS
PURSUANT TO CIVIL CODE §3513 .
Lessee 's Initials )
IN WITNESS WHEREOF the parties hereto have executed this
agreement on the day of , 1989 , at
Huntington Beach, California . 0
g
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LESSEE: LESSOR:
CITY OF HUNTINGTON BEACH,
a municipal corporation
*/ -
ck K. Cla
J'P>1.-).-,___,Ziel_ _,,e6:?. g--ar/2
nette R. Clapp Mayor
ATTEST: �� APPROVED AS TO FORM:
j�
iiI 1(e-.1---..---:.
City Clerk4?„City Attorney - 1 _ L ' - J11
RE WED AND APPROVED: I ► D A , 'PIiVED:
60,
X 45 -Q----
City Administrator D 's"'ector of Adm nistra
Services
-31-
n CITY OF. HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 11 , 1986
Mr. Jack Clapp
1210 Main Street
Huntington Beach, CA 92648
Enclosed are duly executed copies of Amendments No. 2 to the
lease agreements between you and the City of Jack's Beach
Concession and Dwight' s Beach Concession. Said amendments
were approved by the City Council on February 18, 1986.
Please contact the Community Services Department, if you
have any questions.
ALICIA M. WENTWORTH, CITY CLERK
by
Deputy
AMW:CB:bt
Enclosures
CC: Max Bowman, Community Services Department
Wayne Lee, Finance
0. C. Assessor
(Telephone:714-536-5227)
f r
,,' n CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 11 , 1986
Orange County Assessor's Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Real Property Department
Enclosed are copies of beach concession leases for Jack' s
Beach Concession and Dwight's on city-owned property which
was approved by our City Council on February 18, 1986.
If you have any questions, please call the Office of the City
Clerk, 536-5227.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosures
(Telephone:.714-536-5227)
A, in CITY OF HUNTINGTON BEACH
•Ig 2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
Melvin M.Bowman,Director
(714)536-5486
February 19, 1986
Mr. Jack Clapp
1210 Main Street
Huntington Beach, 'CA 92648
Dear Jack:
Re: Insurance Certificate
Our records indicate that the insurance for
Dwight's and Jack's beach concessions has
expired.
Before the City Clerk will execute the recently
approved amendments to your agreements clari-
fying the expiration date, we must have
current insurance on file.
- Thank you --for your attention to this matter.
Sincerely,
eLLe
MELVI I M. BOWMAN 7417
Director
Community Services
MMB:cs
_Le 71—
/ G jC-4244 '
* -
AMENDMENT NO. 2 TO THE LEASE AGREEMENT
FOR JACK' S BEACH CONCESSION
THIS AGREEMENT made and entered into this day
of - , 198(9 , by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY" , and JACK AND
JEANETTE CLAPP, hereinafter referred to as "LESSEE" , is an
amendment to the Lease Agreement entered into by the
above-mentioned parties on April 1, 1968 and to all amendments
thereto entered into prior to the date of execution hereof, said
lease agreement and amendments hereinafter referred to as "LEASE" .
The terms of this amendment are to supersede those of the
LEASE, and any provisions inconsistent with the terms of this
amendment shall be interpreted so as to bring them into accord
with the terms of this amendment. All other terms of the LEASE
shall remain in full force and effect.
This amendment pertains to the option term set forth in
Clause 20 of the LEASE.
NOW THEREFORE, LEASE is amended as follows :
Line 3 and Line 4 of Clause 20, beginning with the date " 1978"
and ending with the date "1987" are deleted, and replaced with:
"1979 and running through December 31, 1988" so that Clause 20, in
its entirety, will henceforth read as follows :
1.
20. In addition to the term prescribed in this permit, LESSEE
shall have an option to renew this lease for an additional ten
( 10) year period commencing January 1st, 1979 and running through
December 31, 1988 upon the same terms and conditions contained
herein by notifying City in writing before November 1st, 1977 of
their desire to exercise their option.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by and through their authorized officers
the day, month and year first above written.
LESSEE: CITY OF HUNTINGTON BEACH,
A California municipal corporation
144-4
k K. Clap Robert P. Mandic Jr. MAYOR
Je ette R. Clapp Cr —
ATTEST: APPROVED AS TO FORM:
(EL
, 445
Alicia Wentworth Gail Hut n
CITY CLERK CITY ATT RNEY
REVIEW AND APPROVED: INITIATED AND APPROVED:
4k.47
4/(1)11.°14r1/14 .
es W. Thompson Max owman
CITY ADMINISTRATOR DIRECTOR OF COMMUNITY SERVICES
12/28/85
1083L
2.
V-
AMENDMENT NO. 2 TO THE LEASE AGREEMENT
FOR DWIGHT ' S BEACH CONCESSION
THIS AGREEMENT made and entered into this day
of , 198j , by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY" , and JACK AND JEANETTE CLAPP,
hereinafter referred to as "LESSEE" , is an amendment to the Lease
Agreement entered into by the above-mentioned parties on
April 1, 1968 and to all amendments thereto entered into prior to
the date of execution hereof, said lease agreement and amendments
hereinafter referred to as "LEASE" .
The terms of this amendment are to supersede those of the
LEASE, and any provisions inconsistent with the terms of this
amendment shall be interpreted so as to bring them into accord
with the terms of this amendment. All other terms of the LEASE
shall remain in full force and effect .
This amendment pertains to the option term set forth in
Clause 20 of the LEASE.
NOW THEREFORE, LEASE is amended as follows :
Line 3 and Line 4 of Clause 20, beginning with the date "1978"
and ending with the date "1987" are deleted, and replaced with:
"1979 and running through December 31, 1988" so that Clause 20, in
its entirety, will henceforth read as follows :
1.
V
20 . In addition to the term prescribed in this permit, LESSEE
shall have an option to renew this lease for an additional ten
(10 ) year period commencing January 1st, 1979 and running through
December 31 , 1988 upon the same terms and conditions contained
herein by notifying City in writing before November 1st, 1977 of
their desire to exercise their option.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by and through their authorized officers
the day, month and year first above written.
LESSEE: CITY OF HUNTINGTON BEACH,
A California municipal corporation
,ff •
ck K. Cla Rober P4 an1 , MA O
eanette R. Clapp
ATTEST: APPROVED AS TO FORM:
a4;‘6;(-17 jf2
Alicia Wentworth Gail Hutton
City Clerk City Attorney
REVIEW AND APPROVED: INITIATED AND APPROVED:
14t/L- ) • -r-t-tn-s ----
axles W. mpso ax Bowman
City Administrator Director of Community Services
1083L
2 .
• , 15 CITY OF HUNTINGTON BEACH
• 2000 MAIN STREET CALIFORNIA 92648
COMMUNITY SERVICES DEPARTMENT
Melvin M. Bowman, Director
(714) 536-5486
February 13 , 1985
Mr. Jack Clapp
1210 Main Street
Huntington Beach, CA 92648
Dear Jack:
According to our files , the general liability
and workers compensation insurance for Jack ' s
Beach Concession expired on October 8 , 1984 .
I understand that the Insurance and Benefits
Division of Administrative Services has sent
you a notice of this expiration.
In order to keep our files up to date , please
respond immediately with a copy of current
insurance to this office .
Thank you for your cooperation.
Sincerely,
MELVIN M. BOWMAN
Director
Community Services
MMB: cs /
cc : City Clerk✓
Insurance and Benefits
REQUE€ , FOR CITY COUNCI._ ACTION
Date February 7, 1986
Submitted to: The Honorable Mayor and City Council Y 0
0
1314G1T.
OVER`$Y G •
19
Submitted by: Charles W. Thompson, City Administra .yg
Prepared by: Melvin M. Bowman, Director, Community Ser ic-. atl
� ��~✓ v'"
CL
Subject: AMENDMENT NO. 2 TO BEACH CONCESSION LEASES: DWI ;
BEACH HUT; ZACK'S; and ZACK'S, TOO
Consistent with Council Policy? [x] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
There is a need to clarify the termination date of the beach concession leases.
RECOMMENDATION
Approve Amendment No. 2 to beach concession leases: Dwight's; Jack's; Beach
Hut; Zack' s and Zack' s, Too, and authorize the Mayor to execute same.
ANALYSIS
The original lease agreements with the beach concessionaires, entered into on
April 1, 1968, contained ambiguous language concerning the termination date.
The amendment prepared by the City Attorney's Office identifies the actual
option period and the ten year extension which will expire on December 31,
1988.
FUNDING SOURCE
None.
ALTERNATIVE ACTIONS
Do not amend agreements and renegotiate new leases at this time.
ATTACHMENTS
Amendment No. 2 to the Lease Agreement for Jack' s; Dwight's; Beach Hut;
Zack's and Zack's, Too.
MMB:cs
C...110j
PIO 4/84
: Approved a�to form:
CERTIFICATE OF INSURANCE
City of U . B .
TO ( Gall Hutton,City Attorney
•
Ins . & Ben . Office C. . . OF HUNTINGTON BEACH, CALIF.. ....iA
By:
2000 Main Si.rec:t A MUNICIPAL CORPORATION
11.B. , CA 92698
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this time. If there policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 30 days prior written notice, by mail,to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. AL L
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured JACK CLAPP
1210 MAIN STREET, HUNTINGTON BEACH, CA, 92648
Address of Insured
Location of Work or Operations to be performed DWIGHT'S and TACK'S on City Beach/Pacific Coast Hwy
Description of Work or Operations Food concess1 s
TfeFITC1rri- _I LIMITS OF LIABILITY I NAME OF COMPANY
POLICIES IN FORCE POLICY NO. Effective Expirstion in T c isenos(OGG; IIN
GENERAL LIABILITY • (/) 9D72. 11'I 6 lo-? -?s 10-51-ecc , f1 GGO� S/ /Cabe fALc .
( I COMPREHENSIVE FORM s CSL •
I I PREMISES - OPERATIONS Each Occuranc. � ' ,
( I EXPLOSION AND v �v._$-g(v J pD0 DOU S '� ZAJ3'
COLLAPSE HAZARD g 1Q-72 97231-1 0 54- s-
( I UNDERGROUND HAZARD
( I PRODUCTS COMPLETED
OPERATIONS HAZARD
( I CONTRACTUAL
INSURANCE
( I BROAD FORM
PROPERTY DAMAGE
I I INDEPENDENT
CONTRACTORS
I I PERSONAL INJURY
AUTOMOBILE LIABILITY
I I COMPREHENSIVE FORM
S CSL
I I OWNED Each Occurancs
I I HIRED
I I NON•OWNLD }/ G
EXCESS LIABILITY 6 /d 2 /72`9 2 /� 000 ODO
( J UMBRELLA FORM S
( I OTHER THAN /'1 q072.1 7„2g1 �/ ��Q/ ��D
UMBRELLA FORM (�!
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committee',
commissions, boards and any other City Council appointed body,and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear.
I I
Oats AUTHORI D REPRESENT,TIVt UP iiNN UKANGt GUMrMiry
INSURANCE COMPANY S 1 /`" i�'/�/ //f)j By E -��c:>/�'
Name 2 1 �// Addrse� 9'Yy9 /4.16 S Tr �j3/U
Address 3 3 3.E /7 7L41t � 1 / City kioST/�//f2.��� r� /r22&r73
City C�5/ /��J� �/ 9.�10 1,„ Telephone 5- / 65-
. -an-.�•-- Wiz= - _._^-_ems-�z-�.--- _
HOLD HARMLESS AGREEMENT
(to be executed by Insured)
The insured ' ,egress to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished.
'(1) Sole Proprietorship (2) Partnership (3) Cgr'poration (4) Other (state)
..(•1'E////-S ,>//ND
•
HOLD HARMLESS SIGNED: By Insured: ' ) • Title �� /YF'c•- ���x S
(All nsme'shall be printed or typed
below each signature.) By Insured: Title
If Corporation, TWO Officers must sign,or present evidence of authorisation to bind Corporation.
MAR 2 61986
INS. & BENEFITS
Cays", rn77
0
April 30 , 19.;5
4/9 C/, pp, Sam
Towc/4 is
Honorable Mayor and City Council Members :
My name is Jack Clapp. I am the owner and operator of
Dwight 's Beach Concession , one block south of the H. B. Pier
on the City Beach.
Please give me a few moments to tell you of the situation
that is developing concerning my business and what I would
like for you to consider when decisions are made in the near
future that may drastically affect it. I know that you
usually request that comments from the public be limited
to three minutes , but your friend and mine, George Arnold,
has graciously relinquished his three minutes so that I may
take a little longer.
Let me start by saying that I support redevelopment in the
downtown area. I have seen many attempts at redevelopment
come and go and I am hopeful that this time something positive
will be accomplished.
During the last year I have continued to observe the pro-
ceedings as the present plan began to take shape. Public
hearings were held, the City Council gave approval to the
broad outline for redevelopment and finally developers and
landowners began to work together to present specific plans
for definite areas of redevelopment. Approximately two months
ago I had a meeting with Doug LaBelle. He told me that there
was interest by certain developers in the area adjacent to
the south side of the pier along with the blocks bounded
by Main, Walnut , Lake and Pacific Coast Highway. Mr. LaBelle
was unaware that my business was located in this area. On
April 22nd, I attended an adjourned City Council meeting and
watched as the developers presented a plan that encompassed
the area surrounding Dwights Beach Concession and also the
inland side of Pacific Coast Highway between Main and Lake
Streets . I found that no mention of Dwight's was included in
the plan. I have not been contacted by anyone on the City
staff or any representative of the developers concerning the
future of Dwight 's.
Dwight 's Beach Concession was established in 1931 by my father,
Dwight Clapp. It is the second oldest business in Huntington
Beach . My father began business in an eighty square foot
corner of a new lifeguard station. This had been constructed
because the City had just purchased the beach on the south
side of the pier and lifeguard protection was needed. He
remained in that building until 1939 when increased business
and the lifeguard department ' s need for more space made it
necessary to construct a new and much larger building.
In years to follow, the building was again increased in size
f
and remodeled . In 1967 the Huntington Beach Fire Department
used the building as a practice fire for training of new
firemen. It was burned down to make way for the present
building you see in the enclosed picture. I purchased the
business from my father in 1974 and have been operating it
successfully for the last eleven years.
Dwight's is a family operated business . My wife Jeanette ,
our son Ken or myself are always there during hours of
operation. My father still takes an active part when needed.
(He will be 83 years old in August. ) We have continued to be
personally active in the business because we enjoy it and
also feel that ownership from a distance , by using a manager,
might not give the public the quality of focd and dependable
service that they deserve.
The plan that was presented last week by the developer fails
to provide any food and beach equipment rental service for
the visitors to the beach. As I understand the plan, one or
possibly two levels of covered parking will be topped by food
service and speciality shops on the Pacific Coasy Highway
level. If the developers think that nice restaurants and
speciality shops are compatible with beach visitors they
should talk with Maxwell's Restaurant and find out what measures
were necessary to protect diners from the rowdy types that
seem to be drawn to the pier area. I can think of nowhere on
the Pacific Coast where first class food service and speciality
shops coexist with a crowed public beach. There would be
constant conflict between beach people and speciality shop
owners if the only food service for the beach is available
in the new development.
I am honestly interested in redevelopment of the downtown
area but have serious reservations about the plan as presented
to the council. I would like to have the opportunity as soon
as possible to discuss this more fully with members of the City
staff ?nd/or the developers .
Thank you for your time and consideration.
Sincerely,
if
/. 210 Main Str et
Huntington Beach , Calif. 92648
Phone ; 536-2603 Home
536-8083 Business
{ . , , . CITY CIF HU �.TINGT®N BEACH
! 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
•
June 6, 1984
Jack K. Clapp
dba Dwights Beach Concession &
Jack's Beach Concession
1210 Main Street
Huntington Beach, CA 92648
The City Council of the City of Huntington Beach at its regular
meeting held June 4, 1984, approved an amendment to lease agreement
for both of your beach concessions- (Dwight's/Jacks's).
Enclosed is..a duly executed copy of each amendment for your records.
Alicia M. Wentworth
City Clerk
AMW:CB:bt
Enclosures.
CC: Max Bowman, Dir. Community Services
Judy John, Finance
Dan Brennan, Real Property Manager
County Assessor
•
(Telephone:714-536-5227)
REQUEO i' FOR CITY COUNCIL ACTION
Date May 23, 1984
AFFROVBD BY CITY COUNCIL
Submitted to: HONORABLE MAYOR AND CITY COUNCIL
_ - 1
Submitted by: Charles W. Thompson, City Administra 4ponvAr_.,„ii.-_
Prepared by: Robert Franz, Chief of Administrative Services woo!!►losia(c,, CLE* 4
Subject: Beach Concessions: Zack's, Zack's Too, Beach - t, Ja sand Dwight's
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE: 6._
An amendment to the lease agreement for five (5) beach concessions is being added for
the last four (4) years of the ten (10) year option period of these leases (from
12/31/83 to 12/31/87) showing the City receiving 12.5% of the adjusted gross at the
close of the yearly season. Also included in the above gross is the rental amounts
from any and all rental equipment.
RECOMMENDATION:
Approve the attached lease amendment for the five (5) beach concessions as shown.
ANALYSIS:
On 4/1/68 the City of Huntington Beach entered into a ten (10) year lease agreement
with an option for an additional ten (10) year renewal with the five (5) beach
concessionaires. As noted above, we are in the last four (4) years of the ten (10)
year option period. This lease renewal has increased the percentage the City will re-
ceive of the gross income produced by these concessions to a minimum of 122%. This
will bring the concessionaires more in line with current land lease returns.
FUNDING SOURCE:
None.
ALTERNATIVE ACTIONS:
Leave concessions contract as is.
ATTACHEMENTS:
a) Amendment to the lease (one for each of the five (5) concessions) .
6r 1
PIO 4/81
r`
T
AMENDMENT TO THE LEASE AGREEMENT
FOR BEACH CONCESSION -- JACK'S
THIS AGREEMENT made and entered into this YM day of
, 1984, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY, " and JACK K. CLAPP and JEANETTE R. CLAPP,
hereinafter referred to as "LESSEE, " is an amendment to the Lease
Agreement entered into by the above-mentioned parties on April 1 ,
1968 and to all amendments thereto entered into prior to the date
of execution hereof, said lease agreement and amendments
hereinafter referred to as "LEASE. "
The terms of this amendment are to supersede those of
the LEASE, and any provisions inconsistent with the terms of this
amendment shall be interpreted so as to bring them into accord
with the terms of this amendment . All other terms of the LEASE
shall remain in full force and effect.
This amendment pertains to the rental provisions and
specifically to the percentage of gross receipts due and owing to
the CITY effective January 1 , 1984.
NOW, THEREFORE, LEASE is amended as follows :
1 . The percentage of all gross receipts payable to CITY
shall not be less than 12. 5%.
2. If the percentage payments made by LESSEE in any
calendar year are less than the percentage required by
Section 1 above, then LESSEE shall pay the difference
within one ( 1 ) month of the end of said calendar year.
1 .
Nothing in this Amendment shall be construed to reduce the
payments due from LESSEE as provided for in the LEASE or to
extend the time for such payments.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by and through their authorized officers
the day, month and year first above written .
LESSEE: CITY OF HUNTINGTO BEACH,
A muni.ail corpo at4.n
moodu,p ,,
.J ck K. Cl pp
anette R. Clapp
ATTEST: APPROVED AS TO FORM:
./4_,P-g..-1(k
ity Clerk City Attorney 'T/F
c A$/-4
REVIEW AND APPROVED: INITIATED AND APPROVED:
City Adminis rator Director of Community Services
TE :klh 2.
3/22/84+
•
AMENDMENT TO LEASE AGREEMENT
JACK'S
THIS AGREEMENT made and entered into as of the. /8-147
day of *it , 1983, between the CITY OF HUNTINGTON BEACH,
hereinafter designated as "CITY, " and JACK K. CLAPP and JEANETTE
R. CLAPP, hereinafter designated as "LESSEE, " is an amendment to
the lease agreement executed by the above-mentioned parties on
April 1 , 1968, and to any amendments thereto , said agreement
incorporated herein by this reference . The terms of this
amendment are to supersede those of the lease agreement where
applicable and any provisions inconsistent with the terms of this
amendment shall be interpreted- so as to bring them into accord
with the terms of the amended agreement . All other terms of the
lease agreement shall remain in full force and effect.
NOW, THEREFORE, the aforementioned lease agreement is
amended as follows :
CITY hereby grants to LESSEE the right to operate video
game machines on the leased premises. LESSEE shall make a
written application to CITY as to the number of video game
machines it desires to operate . The number of such machines that
LESSEE may operate shall be determined by the Director of
Community Services for CITY .
LESSEE shall pay to CITY one hundred dollars ($100. 00) for
each machine operated, at any time, during the year of 1983
following execution of this amendment . Said payment shall be due
on July 1 , 1983.
- 1 -
r '' -
For each calendar year after 1983, the amount of the rental
per machine shall be renegotiated by CITY and LESSEE. Any such
payments will be due on July 1st of such year . LESSEE shall
abide by all laws and regulations of the CITY, county, state and
federal governments .
LESSEE: CITY OF HUNTINGTON BEACH
a m • ' cipal corporation
K. CLAPP Mayor
,r8 ,42/
JEANETTE R. L PP
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney -7 P
INITIAT AND APPR D: REVIE ND APPROV D:
4AZ
D rec or, Community Services City Administrator
REVIEWED AND APPROVED:
Real roperty Manager
TE:kdl
3/18/83
- 2 -
-,
AMENDMENT TO THE LEASE AGREEMENT
FOR BEACH CONCESSION -- DWIGHT'S
THIS AGREEMENT made and entered into this 10411 day of
C)0,4Amw"', 1984, by and between the CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California, hereinafter
referred to as "CITY , " and JACK K. CLAPP and JEANETTE R. CLAPP,
hereinafter referred to as "LESSEE, " is an amendment to the Lease
Agreement entered into by the above-mentioned parties on April 1 ,
1968 and to all amendments thereto entered into prior to the date
of execution hereof, said lease agreement and amendments
hereinafter referred to as "LEASE. "
The terms of this amendment are to supersede those of
the LEASE, and any provisions inconsistent with the terms of this
amendment shall be interpreted so as to bring them into accord
with the terms of this amendment . All other terms of the LEASE
shall remain in full force and effect.
This amendment pertains to the rental provisions and
specifically to the percentage of gross receipts due and owing to
the CITY effective January 1 , 1984.
NOW, THEREFORE, LEASE is amended as follows :
1 . The percentage of all gross receipts payable to CITY
shall not be less than 12. 5% .
2. If the percentage payments made by LESSEE in any
calendar year are less than the percentage required by
Section 1 above , then LESSEE shall pay the difference
within one ( 1 ) month of the end of said calendar year .
1 .
Nothing in this Amendment shall be construed to reduce the
payments due from LESSEE as provided for in the LEASE or to
extend the time for such payments .
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by and through their authorized officers
the day, month and year first above written.
LESSEE: CITY OF HUNTINGTON BEACH,
A muAlipal cor•or • tion
')g
J ck K. Clapp �j ��� •�
Jea ette R. Clapp `-4?r
ATTEST: APPROVED AS TO FORM:
62/ 1-5;?kaA51?t7A4Ce
City Clerk City Attorney -(F
REVI ND APPROVED: INITIATED AND APPROVED:
A--Th(14 '(&
City Administrator Dir_ctor of Community Services
TE:klh 2.
3/22/84+
6
AMENDMENT TO LEASE AGREEMENT
DWIGHT'S
THIS AGREEMENT made and entered into as of the /8 J
day of Aril- , 1983, between the CITY OF HUNTINGTON BEACH,
hereinafter designated as "CITY, " and JACK. K. CLAPP and
JEANETTE R. CLAPP hereinafter designated as "LESSEE, " is an
amendment to the lease agreement executed by CITY and DWIGHT K.
CLAPP and FAE H. CLAPP on April 1 , 1968, and to any amendments
thereto , said agreement incorporated herein by this reference .
The terms of this amendment are to supersede those of the lease
agreement where applicable and any provisions inconsistent with
the terms of this amendment shall be interpreted so as to bring
them into accord with the terms of the amended agreement . All
other terms of the lease agreement shall remain in full force and
effect .
NOW, THEREFORE, the aforementioned lease agreement is
amended as follows :
CITY hereby grants to LESSEE the right to operate video
game machines on the leased premises . LESSEE shall make a
written application to CITY as to the number of video game
machines it desires to operate . The number of such machines that
LESSEE may operate shall be determined by the Director of
Community Services for CITY.
LESSEE shall pay to CITY one hundred dollars ($100. 00) for
each machine operated, at any time , during the year of 1983
following execution of this amendment . Said payment shall be due
on July 1 , 1983.
- 1 -
I 4.
For each calendar year after 1983, the amount of the rental
per machine shall be renegotiated by CITY and LESSEE. Any such
payments will be due on July 1st of such year . LESSEE shall
abide by all laws and regulations of the CITY, county, state and
federal governments .
LESSEE: CITY OF HUNTINGTON BEACH
a m ipal corporation
J C K. CLAPP Mayor
JEANETTE R. CLA P
ATTEST: APPROVED AS TO FORM:
.21Le74:21&„
City Clerk City Attorney -rE
INITI AND PROV REVIEW AND APPROVED:
tz-4
• e or, Community Services City Admnistra or
REVIEWED AND APPROVED:
eal Property Manager
TE:kdl
3/18/83
- 2 -
UtULAI1A I IlJPJJ
We will provide the insurance described in this Y—SPECIAL FORM 3
policy in return for the premium and compliance Coverage afforded by this policy is provided by
with all applicable provisions of this policy. S i f E FARM FIRE <;i a CASUALTY COMPANY .. .�
POLICY NO . 90-72-9729-6 PO BOX 11RO9 �A. TA lNA .CP 92711
RFPI �( FC a Stock Company tfi Home Offices in Bloomington, Illinois.k4c3
Named Insured and Mailing Address
LM ( 1r Nr\.
CLAPP,JACK
DBA DWIGHTS BEACH CONSESSION INFLATION COVERAGE INDEXES-U .S .
1210 MAIN ST DEPARTMENTS OF COMMERCE/LABOR .
HUNTINGTON BEACH CA 92648 COVERAGE A-CONSTRUCTION COST : 154 . 2
COVER.ACE F—CONSUMER PRICE : 3P9 . F
Automatic Renewal — If the Policy Period is shown
THE POLICY PERIOD BEGINS AND ENDS AT 12 : 01 AM as 12 months, this policy will be renewed auto-
STANDARD TIME AT THE BUILDING LOCATIONS matically subject to the premiums, rules and forms
10/8/83 EFFECTIVE DATE in effect for each succeeding policy period. If this
policy is terminated, we will give you and the
12 MONTHS :POLICY PERIOD Mortgagee/Lienholder written notice in compliance
10/8/84 :EXPIRATION OF POLICY PERIOD with the policy provisions or as required by law.
•LIMITS OF LIABILITY PROPERTY 6 COVERAGES OCCUPANCY :MERCANTILE/SERVICk
SECTION I
$113, 000 A BUILDINGS
$ 12, 000 B BUSINESS PERSONAL
PROPERTY APPROVED AS TO FORM2
$ ACTUAL LOSS C LOSS OF INCOME GAIL HUTTON
City Att
SECTION II
$1, 000, 000 L BUSINESS LIABILITY
M MEDICAL PAYMENTS By:
Attorney
$ 5, 000 (EACH PERSON) Deputy C y,
$25, 000 (EACH ACCIDENT)
DEDUCTIBLES-SECTION I IN CASE OF LOSS
$100 BASIC UNDER THIS POLICY,
WE COVER ONLY THAT
PART OF THE LOSS
OTHER DEDUCTIBLES, MAY OVER THE DEDUCTIBLE
APPLY-REFER TO POLICY STATED .
FORMS, OPTIONS 'g ENDORSEMENTS
-FP-8153 SPECIAL FORM 3 FE-8332 MONEY/SEC
FE-8369 TRANS AMEND END FE-8402 ADDL INSDS END •
FE-8375 POLICY END
ADDITIONAL INSURED TOTAL PREMIUM
CITY OF HUNTINGTON BEACH $525 . 00
2000 MAIN ST
HUNTINGTON BEACH CA 92648
ATTN : MAX BOWMAN
Countersigned /
,� 4-a�
DAILY REPORT by 2
POLICY ENDORSEMENT
(Special Form)
It is agreed:
1. The PERILS AND EXCLUSIONS titles are changed to read LOSSES INSURED AND LOSSES NOT INSURED.
2. The first section PERILS INSURED is changed to read:
LOSSES INSURED
This policy insures for accidental direct physical loss except as provided in LOSSES NOT INSURED.
3. The section EXCLUSIONS is deleted and replaced by the following:
LOSSES NOT INSURED
1. The Company does not insure for loss either consisting of, or directly and immediately caused by, one or
more of the following:
a. caused by leakage or overflow from plumbing, heating, air conditioning or other equipment or
appliances (except fire protective systems) caused by freezing while the described building is vacant
or unoccupied, unless the insured shall have exercised due diligence with respect to maintaining heat
in the buildings or unless such equipment and appliances have been drained and the water supply shut
off during such vacancy or unoccupancy;
b. caused by any electrical injury or disturbance of electrical appliances, devices, fixtures, or wiring
caused by electrical currents artificially generated unless fire as insured against ensues. The Company
shall be liable only for loss caused by the ensuing fire;
c. caused by pilferage, appropriation or concealment of any property covered or any fraudulent,
dishonest or criminal act done by or at the instigation of any insured, partner or joint venturer,
including any officer, director, trustee, employee or agent thereof, or any person to whom the
property covered may be entrusted;
d. caused by:
(1) wear and tear,marring or scratching;
(2) deterioration,inherent vice,latent defect;
(3) mechanical breakdown of machines,including rupture or bursting caused by centrifugal force;
(4) rust,mold,wet or dry rot,contamination;
(5) dampness or dryness of atmosphere,changes in or extremes of temperature;
(6) smog,smoke from agricultural smudging or industrial operations;
(7) birds,vermin,rodents,insects or animals;
unless loss by fire, smoke (other than smoke from agricultural smudging or industrial operations), explo-
sion, collapse of a building, glass breakage or water not otherwise excluded ensues. This policy shall cover
only such ensuing loss.
FE-8375 (CONTINUED ON REVERSE SIDE) PRINTED IN U.S.A.
(7/83)
If loss by water not otherwise excluded ensues, this policy shall also cover the cost of tearing out and
replacing of any part of the building covered required to effect repairs to the plumbing, heating or air
conditioning system or domestic appliance but excluding loss to the system or appliance from which the
water escapes;
e. due to any and all settling, shrinking, cracking, bulging or expansion of driveways, sidewalks,
swimming pools,pavements,foundations,walls,floors,roofs or ceilings;
f. caused by explosion of steam boilers, steam pipes, steam turbines or-steam engines (except direct
loss resulting from the explosion of accumulated gases or unconsumed fuel within the firebox, or
combustion chamber of any fired vessel or within the flues or passages which conduct the gases of
combustion therefrom) if owned by, leased by or operated under the control of the insured, or for any
ensuing loss except by fire or explosion not otherwise excluded. The Company shall be liable only for
such ensuing loss;
g. due to voluntary parting with title or possession of any property by the insured or others if induced to
do so by any fraudulent scheme or false pretense;
h. due to unexplained or mysterious disappearance of property, or shortage of property disclosed on
taking inventory;
i. due to any delay or loss of market;
j. caused by repeated leakage or seepage of water or steam whether continous or intermittent from
any:
(1) heating,air conditioning or refrigerating system;
(2) domestic appliance;or
(3) plumbing system, including from or around any shower stall or other shower bath installation,
bath tub or other plumbing fixture.
2. The Company does not insure for loss either consisting of, or directly and immediately caused by power,
heating or cooling failure, or due to change in temperature or humidity, unless the failure or change results
from physical damage to the building or to equipment contained therein caused by a Loss Insured. Also,the
Company shall not be liable under this exclusion for any loss resulting from riot, riot attending a strike, civil
commotion,or vandalism or malicious mischief.
3. The Company does not insure for loss which would not have occurred in the absence of one or more of the
following excluded events.The Company does not insure for such loss regardless of whether a peril covered
under SECTION I - LOSSES INSURED: a) is the cause of the excluded event; or b) is another cause of
the loss;or c) acted concurrently or in any sequence with the excluded event to produce the loss:
a. by enforcement of any ordinance or law regulating the construction, repair or demolition of buildings
or structures;
•
b. by any of the following:
(1) earth movement, whether combined with water or not, including but not limited to earthquake,
volcanic eruption, landslide, subsidence, mudflow, sinkhole, erosion, or the sinking, rising,
shifting,expanding,or contracting of earth;
(2) flood, surface water, waves, tidal water or tidal waves, overflow of streams or other bodies of
water,or spray from any of the foregoing,all whether driven by wind or not;
(3) water which backs up through sewers or drains;
(4) water below the surface of the ground including that which exerts pressure on or flows,seeps'or
leaks through sidewalks, driveways, foundations, walls, basement or other floors, or through
unless fire or explosion as insured against ensues, and then the Company shall be liable only for loss caused
by the ensuing fire or explosion.This exclusion shall not apply to loss arising from theft.
4. The Company does not insure for loss consisting of one or more of the items below:
a. conduct, act, failure to act, or decision of any person, group, organization or governmental body
whether intentional,wrongful,negligent,or without fault;
b. defect,weakness,inadequacy,fault or unsoundness in:
(1) planning,zoning,development,surveying,siting;
(2) design,specifications,workmanship,construction, grading,compaction;
(3) materials used in construction or repair;or
(4) maintenance;
of any property (including land, structures, or improvements of any kind) whether on or off the
premises described in the Declarations.
However, the Company does insure for ensuing loss from items a. and b. unless the ensuing loss is itself a
Loss Not Insured by this Section.
5. The Company does not insure for loss described in Paragraphs 1., 2. and 3. immediately above regardless
of whether one or more of the items listed in Paragraph 4. above:
a. directly or indirectly cause,contribute to or aggravate the loss;or
b. occur before,at the same time,or after the loss or any other cause of the loss.
However, the Company does insure for ensuing loss from items 4.a. and 4.b. unless the ensuing loss is
itself a Loss Not Insured by this Section.
Includes copyrighted material of State Farm Fire and Casualty Company.
Copyright,State Farm Fire and Casualty Company,1983.
MONEY AND SECURITIES BROAD FORM ENDORSEMENT
SCHEDULE
Limit of Liability Coverage
$ 1, 000 1. On Premises
$ 1 0 00 2. Off Premises
For an additional premium and subject to all provisions and stipulations contained herein and applicable to Section I of
the policy, coverage-is extended for loss by actual destruction, disappearance or wrongful abstraction of money and
securities used in the conduct of the insured's business,as,follows:
1. On Premises: while inorr on the premises described in the,Declarations.of the policy, or within a bank or savings
institution;and
2. Off Premises: while enroute to or from such described premises, bank or savings institution, or within the living
- quarters of the custodian otsuch funds.
•
The insured shall keep records of all the insured property in such manner that the Company can accurately determine
therefrom the amount of loss. • - • .
•
•
•
FE-8332 (CONTINUED ON REVERSE SIDE) PRINTED IN U.B.A.
(9/81)
LIMIT OF LIABILITY
The limit of the Company's liability for loss of money and securities shall not exceed the applicable limit of liability
stated in the Schedule,nor
1. what it would cost at the time of loss to replace the property with other of like kind and quality;or
2. the actual cash value thereof at the time of loss;
provided, however, that the payment of the cost of replacing securities shall not be more than the market value at the
close of business on the business day next preceding the day on which the loss was sustained.
DEDUCTIBLE
The sum of $250 shall be deducted from any.loss paid under this endorsement. No other deductible applies to this
coverage. -- -
TRANSPORTATION AMENDATORY ENDORSEMENT
The Section I Extension of Coverage for"Transportation"is replaced by the following:
4. Transportation. This policy is extended, as an additional amount of insurance, to cover business personal
property and building items while in transit,up to:
a. $1,000 per occurrence for direct loss caused by theft;and
b. $15,000 per occurrence for direct loss as insured against in this policy other than theft. Coverage also
applies under this Extension for direct loss caused by flood, earthquake, volcanic eruption, landslide or
collision(except contact with the roadbed),derailment,overturn or upset of a transporting conveyance.
All other provisions of this policy apply.
FE-8369 PRINTED IN U.S A.
(5/83)
ADDITIONAL INSUREDS ENDORSEMENT
DESIGNATED PREMISES ONLY
Name of Additional Insureds: •
Address: -
Interest: •
•
Location of Premises:
The word "Insured"wherever used in this policy also includes the person or organization named above under the
provisions of the respective Sections designated as applicable by an " 0 " below to the extent indicated.
❑ Section I applicable only as to Coverage A -Buildings
•
Section II applicable only as to Coverage L - Business Liability and Coverage M - Medical Payments only with
respect to the ownership, maintenance or use of the premises designated above and operations necessary or
incidental thereto,subject to the following additional exclusions:
The insurance provided by this endorsement does not apply:
1. to structural alterations or new construction performed by or on behalf of the designated person or
organization;or
2. to personal injury caused by the designated person or organization.
FE-8402 PRINTED IN U.S.A.
(4/82)
MONEY AND SECURITIES BROAD FORM ENDORSEMENT
SCHEDULE
Limit of Liability - Coverage
$ ?, G 0 0 1. On Premises
$ 1, G 0 G 2. Off Premises
For an additional premium and subject to all provisions and stipulations contained herein and applicable to Section I of
the policy, coverage-is extended for loss by actual destruction, disappearance or wrongful abstraction of money and
securities used in the conduct of the insured's business,as follows:
1. On.Premises:: while in or on the•,premises described in the Declarations of the policy, or within a bank or savings
institution;and .
2. Off Premises: while enroute to or from such described premises, bank or savings institution, or within the living
quarters,of the custodian of such.funds. . .. • .. , . .
The insured shall keep records of all the insured property in such manner that the Company can accurately determine
therefrom the amount;of loss:..:• •
FE-8332 (CONTINUED ON REVERSE SIDE) PRINTED IN U.S.A.
(9/81) -
LIMIT OF LIABILITY
The limit of the Company's liability for loss of money and securities shall not exceed the applicable limit of liability
stated in the Schedule,nor
1. what it would cost at the time of loss to replace the property with other of like kind and quality;or
2. the actual cash value thereof at the time of loss;
provided, however, that the payment of the cost of replacing securities shall not be more than the market value at the
close of business on the business day next preceding the day on which the loss was sustained.
DEDUCTIBLE
The sum of $250 shall be deducted from any loss paid under this endorsement. No other deductible applies to this
coverage.
POLICY ENDORSEMENT
(Special Form)
It is agreed:
1. The PERILS AND EXCLUSIONS titles are changed to read LOSSES INSURED AND LOSSES NOT INSURED.
2. The first section PERILS INSURED is changed to read:
LOSSES INSURED
This policy insures for accidental direct physical loss except as provided in LOSSES NOT INSURED.
3. The section EXCLUSIONS is deleted and replaced by the following:
LOSSES NOT INSURED
1. The Company does not insure for loss either consisting of, or directly and immediately caused by, one or
more of the following:
a. caused by leakage or overflow from plumbing, heating, air conditioning or other equipment or
appliances (except fire protective systems) caused by freezing while the described building is vacant
or unoccupied, unless the insured shall have exercised due diligence with respect to maintaining heat
in the buildings or unless such equipment and appliances have been drained and the water supply shut
off during such vacancy or unoccupancy;
b. caused by any electrical injury or disturbance of electrical appliances, devices, fixtures, or wiring
caused by electrical currents artificially generated unless fire as insured against ensues. The Company
shall be liable only for loss caused by the ensuing fire;
c. caused by pilferage, appropriation or concealment of any property covered or any fraudulent,
dishonest or criminal act done by or at the instigation of any insured, partner or joint venturer,
including any officer, director, trustee, employee or agent thereof, or any person to whom the
property covered may be entrusted;
d. caused by:
(1) wear and tear, marring or scratching;
(2) deterioration,inherent vice,latent defect;
(3) mechanical breakdown of machines,including rupture or bursting caused by centrifugal force;
(4) rust, mold,wet or dry rot,contamination;
(5) dampness or dryness of atmosphere,changes in or extremes of temperature;
(6) smog,smoke from agricultural smudging or industrial operations;
(7) birds,vermin,rodents,insects or animals;
unless loss by fire, smoke (other than smoke from agricultural smudging or industrial operations), explo-
sion, collapse of a building, glass breakage or water not otherwise excluded ensues. This policy shall cover
only such ensuing loss.
FE-8375 (CONTINUED ON REVERSE SIDE) PRINTED IN U.S.A.
(7/83)
If loss by water not otherwise excluded ensues, this policy shall also cover the cost of tearing out and
replacing of any part of the building covered required to effect repairs to the plumbing, heating or air
conditioning system or domestic appliance but excluding loss to the system or appliance from which the
water escapes; '
e. due to any and all settling, shrinking, cracking, bulging or expansion of driveways, sidewalks,
swimming pools, pavements,foundations,walls,floors,roofs or ceilings;
f. caused by explosion of steam boilers, steam pipes, steam turbines or steam engines (except direct
loss resulting from the explosion of accumulated gases or unconsumed fuel within the firebox, or
combustion chamber of any fired vessel or within the flues or passages which conduct the gases of
combustion therefrom) if owned by, leased by or operated under the control of the insured,or for any
ensuing loss except by fire or explosion not otherwise excluded. The Company shall be liable only for
such ensuing loss;
g. due to voluntary parting with title or possession of any property by the insured or others if induced to
do so by any fraudulent scheme or false pretense;
h. due to unexplained or mysterious disappearance of property, or shortage of property disclosed on
taking inventory;
i. due to any delay or loss of market;
j. caused by repeated leakage or seepage of water or steam whether continous or intermittent from
any:
(1) heating, air conditioning or refrigerating system;
(2) domestic appliance;or
(3) plumbing system, including from or around any shower stall or other shower bath installation,
bath tub or other plumbing fixture.
2. The Company does not insure for loss either consisting of, or directly and immediately caused by power,
heating or cooling failure, or due to change in temperature or humidity, unless the failure or change results
from physical damage to the building or to equipment contained therein caused by a Loss Insured.Also,the
Company shall not be liable under this exclusion for any loss resulting from riot, riot attending a strike, civil
commotion,or vandalism or malicious mischief.
3. The Company does not insure for loss which would not have occurred in the absence of one or more of the
following excluded events.The Company does not insure for such loss regardless of whether a peril covered
under SECTION I - LOSSES INSURED: a) is the cause of the excluded event; or b) is another cause of
the loss;or c) acted concurrently or in any sequence with the excluded event to produce the loss:
a. by enforcement of any ordinance or law regulating the construction, repair or demolition of buildings
or structures;
b. by any of the following:
(1) earth movement, whether combined with water or not, including but not limited to earthquake,
volcanic eruption, landslide, subsidence, mudflow, sinkhole, erosion, or the sinking, rising,
shifting,expanding,or contracting of earth;
(2) flood, surface water, waves, tidal water or tidal waves, overflow of streams or other bodies of
water,or spray from any of the foregoing,all whether driven by wind or not;
(3) water which backs up through sewers or drains;
(4) water below the surface of the ground including that which exerts pressure on or flows,seeps or
leaks through sidewalks, driveways, foundations, walls, basement or other floors, or throuah
doors,windows or any other opening in such sidewalks,driveways,foundations,walls or floors;
unless fire or explosion as insured against ensues,and then the Company shall be liable only for loss caused
by the ensuing fire or explosion.This exclusion shall not apply to loss arising from theft.
4. The Company does not insure for loss consisting of one or more of the items below:
a. conduct, act, failure to act, or decision of any person, group, organization or governmental body
whether intentional,wrongful,negligent,or without fault;
b. defect,weakness,inadequacy,fault or unsoundness in:
(1) planning,zoning, development,surveying,siting;
(2) design,specifications,workmanship,construction, grading,compaction;
(3) materials used in construction or repair;or
(4) maintenance;
of any property (including land, structures, or improvements of any kind) whether on or off the
premises described in the Declarations.
However,the Company does insure for ensuing loss from items a. and b. unless the ensuing loss is itself a
Loss Not Insured by this Section.
5. The Company does not insure for loss described in Paragraphs 1., 2. and 3. immediately above regardless
of whether one or more of the items listed in Paragraph 4. above:
a. directly or indirectly cause,contribute to or aggravate the loss;or
b. occur before,at the same time,or after the loss or any other cause of the loss.
However, the Company does insure for ensuing loss from items 4.a. and 4.b. unless the ensuing loss is
itself a Loss Not Insured by this Section.
Includes copyrighted material of State Farm Fire and Casualty Company.
Copyright,State Farm Fire and Casualty Company,1983.
•
TRANSPORTATION AMENDATORY ENDORSEMENT
The Section I Extension of Coverage for"Transportation"is replaced by the following:
4. Transportation. This policy is extended, as an additional amount of insurance, to cover business personal
property and building items while in transit, up to:
a. $1,000 per occurrence for direct loss caused by theft;and
b. $15,000 per occurrence for direct loss as insured against in this policy other than theft. Coverage also
applies under this Extension for direct loss caused by flood, earthquake, volcanic eruption, landslide or
• collision(except contact with the roadbed),derailment,overturn or upset of a transporting conveyance.
All other provisions of this policy apply.
FE-8369 PRINTED IN U.S.A.
(5/83)
ADDITIONAL INSUREDS ENDORSEMENT
DESIGNATED PREMISES ONLY
Name of Additional Insureds:
Address:
Interest:
Location of Premises:
The word "Insured" wherever used in this policy also includes the person or organization named above under the
provisions of the respective Sections designated as applicable by an " x❑ " below to the extent indicated.
❑ Section I applicable only as to Coverage A -Buildings
111 Section II applicable only as to Coverage L - Business Liability and Coverage M - Medical Payments only with
respect to the ownership, maintenance or use of the premises designated above and operations necessary or
incidental thereto,subject to the following additional exclusions:
. The insurance provided by this endorsement does not apply:
1. to structural alterations or new construction performed by or on behalf of the designated person or
organization;or
2. to personal injury caused by the designated person or organization.
FE-8402 PRINTED IN U.S.A.
(4/82)
BUSINESS POLICY-SPECIAL FORM 3
TABLE OF CONTENTS
Beginning on Page
DECLARATIONS Inside Cover
Named Insured Limits of Liability
Location of Covered Premises Property and Coverages
Policy Period Deductibles
SECTION I
PROPERTY COVERAGES
Coverage A-Buildings 2
Coverage B-Business Personal Property 2
Inflation Coverage 3
Coverage C-Loss of Income 3
PERILS AND EXCLUSIONS 6
EXTENSIONS OF COVERAGE 7
OPTIONAL COVERAGES
Option ES-Exterior Signs 10
Option TP-Trees, Plants, Lawns,and Shrubs 10
Option ED-Employee Dishonesty 10
Option BM-Boiler,Pressure Vessels and
Air Conditioning Equipment 1 1
Option AR-Accounts Receivable 13
Option VP-Valuable Papers and Records 13
DEDUCTIBLES 13
CONDITIONS 13
SECTION II
COMPREHENSIVE BUSINESS LIABILITY
Coverage L-Business Liability 16
Supplementary Payments 16
Business Liability Exclusions 17
MEDICAL PAYMENTS
Coverage M-Medical Payments 20
Medical Payments Exclusions 20
EXTENSIONS OF COVERAGE 21
CONDITIONS 22
DEFINITIONS 23
The Definitions Section contains the definitions of the words printed in bold
face in Section II of the policy. The Definitions Section is an integral part of the
policy and shall be applied as if the definitions appearing were included each
time the words they define are used in the policy.
SECTION I AND SECTION II
GENERAL CONDITIONS 25
WAR RISK,GOVERNMENTAL ACTION AND
NUCLEAR EXCLUSIONS 27
FP-8153 1
(7/82)
SECTION I
PROPERTY
COVERAGES
COVERAGE A- insured. Coverage applies only if such property is not
BUILDINGS legally subject to removal by the insured.
This policy covers the buildings at the premises de- Seasonal Automatic Increase. When a limit of liability
scribed in the Declarations for which a limit of liability is is shown in the Declarations for Coverage B - Business
shown, including all of the following while on the prem- Personal Property the limit of liability for Coverage B is
ises: automatically increased by 25% to provide for seasonal
variations. The increase shall not apply unless the Cov-
1. all garages, storage buildings, swimming pools, erage B limit shown in the Declarations is 100%or more
fences, retaining walls and other appurtenant of the following:
structures usual to the occupancy of the insured;
1. the insured's average monthly values for 12
2. fixtures, machinery and equipment constituting a months immediately preceeding the loss;or
permanent part of and pertaining to the service of
the building; 2. the insured's average monthly values during the
time the insured has been in business, if less than
3. personal property of the insured used for the main- 12 months.
tenance and service of the building, including fire
extinguishing apparatus, floor coverings, and ap- PROPERTY
pliances for refrigerating, ventilating, cooking, NOT COVERED
dishwashing and laundering;
This policy does not cover:
4. materials and supplies intended for use in con-
struction, alteration or repair of the building or
structure; 1. growing crops;
5. outdoor furniture and yard fixtures. 2. aircraft, automobiles, motor trucks and other vehi-
cles subject to motor vehicle registration, or
COVERAGE B- watercraft (including motors, equipment and ac-
BUSINESS PERSONAL cessories)while afloat;
PROPERTY
3. bullion, money and securities;
This policy covers Business Personal Property owned by
the insured at the premises described in the Declara- 4. exterior signs except as provided in the Extensions
tions for which a limit of liability is shown; while in or on of Coverage.
the buildings, or in the open (including within vehicles)
on or within 100 feet of the described premises. This PROPERTY SUBJECT
policy covers similar property held by the insured and TO LIMITATIONS
owned in whole or part by others. The limit of the
Company's liability shall not exceed the amount for The following property is subject to the limitations de-
which the insured is legally liable, including: scribed below:
1. the value of materials furnished and labor per- 1. Valuable papers and records meaning books of
formed;and account, manuscripts, abstracts, drawings, card
index systems and other records (except film,
2. charges incurred; tape;disc, drum,cell and other magnetic recording
or storage media for electronic data processing)
by the insured. are covered for not exceeding the cost of blank
books,cards or other blank material.
Tenant's Improvements and Betterments. This poli-
cy covers the use interest in fixtures, alterations, instal- 2. Film, tape, disc, drum, cell and other magnetic
lations or additions which are acquired or made, at the recording or storage media for electronic data pro-
insured's expense except by payment of rent, to that cessing are covered for not exceeding the cost of
part of the building occupied by but not owned by the such media in unexposed or blank form.
2
SECTION I
PROPERTY
COVERAGES (cont.)
3. Except for loss caused by fire, lightning, tion or occurrence within such objects, other than
windstorm, hail, explosion, smoke, aircraft, vehi- an explosion within such boilers or equipment.
cies, riot, civil commotion, leakage or accidental
discharge from automatic fire protective systems 8. Property in the open is not covered when loss is
and vandalism or malicious mischief: caused by rain,snow,ice or sleet.
a. glass not constituting a part of any building, INFLATION
glassware, statuary, marble, bric-a-brac, COVERAGE
porcelains and other articles of fragile or brit-
tle nature are not covered against loss by The limits of liability specified in the Declarations of this
breakage. This limitation does not apply to policy for Coverage A - Buildings and Coverage B -
bottles or similar containers of property for Business Personal Property shall be increased at the
sale or sold, but not delivered, nor to lenses same rate as the increase in the applicable Inflation
of photographic or scientific instruments; Coverage Index shown in the Declarations.
b. fur and fur garments are covered for not To determine the limits of liability on a particular date,
exceeding loss in the aggregate of$1,000 in the Index level available on that date will be divided by
any one occurrence;and the Index level as of the effective date of this inflation
coverage provision and the resulting factor multiplied by
c. jewelry and watches, watch movements, the limits of liability for Coverage A and Coverage B
jewels, pearls, precious and semi-precious separately. In no event will the limits of liability be
stones, bullion, gold, silver, platinum and reduced to less than shown in the policy or most recent
other precious alloys or metals are covered renewal notice,whichever is greater.
for not exceeding loss in the aggregate of
$1,000 in any one occurrence. This limita- If during the term of this policy the limit of liability for
tion shall not apply to jewelry and watches Coverage A or Coverage B is changed at the request of
valued at$25 or less per item. the insured, then the effective date of this inflation
coverage provision is amended to coincide with the
4. Fences, pavements, outdoor swimming pools and effective date of such change.
related equipment, retaining walls, bulkheads, pi-
ers, wharves or docks are not covered against loss COVERAGE C-
caused by freezing or thawing, impact of water- LOSS OF INCOME
craft, or by the pressure or weight of ice or water
whether driven by wind or not. This coverage applies only if shown in the Declarations.
5. The interior of a building or the property contained Definitions
in a building is not covered against loss caused by
rain, snow, sleet, sand or dust unless the direct When used in this coverage:
force of wind or hail damages the building causing
an opening in a roof or wall and the rain, snow, 1. "business income" means net income (net profit
sleet,sand or dust enters through this opening. before taxes) and continuing normal operating ex-
penses, including payroll, that would have been
6. Steam boilers, steam pipes, steam turbines, or earned during the"period of restoration".
steam engines are not covered against loss caused
by any condition or occurrence within such ob- 2. "electronic media and records"are:
jects. Direct loss resulting from explosion of accu-
mulated gases or unconsumed fuel within the fire a. electronic data processing, recording, or
box, or combustion chamber of any fired vessel or storage media such as films, tapes, discs,
within the flues or passages which conduct the drums or cells;
gases of combustion is covered.
b. data stored on such media;and
7. Hot water boilers or other equipment for heating
water, air conditioning units or refrigerating units c. programming records used for electronic
are not covered against loss caused by any condi- data processing or electronically controlled
3
SECTION I
PROPERTY
COVERAGES (cont.)
equipment. b. temporarily at other locations including relo-
cation expenses and costs to equip and oper-
3. "extra expense" means expenses incurred during ate the temporary locations;
the "period of restoration" that would not have
been incurred if there had been no direct physical 3. any necessary "extra expense" incurred to mini-
loss or damage to property. mize the interruption of business if "operations"
cannot continue.
4. "operations" means the type of business activi-
ties occurring at the premises shown in the Decla- Limitations
rations.
1. Loss of "business income" caused by direct phys-
5. "ordinary-payroll expense" means the entire pay- ical loss of or damage to "electronic media and
roll expense for all employees of the insured, ex- records" is limited. The length of time the Compa-
cept officers, executives, department managers, ny shall be liable shall not exceed the longer of:
employees under contract and other important
employees. a. sixty consecutive days;or
6. "period of restoration" means the period of time b. the period necessary to repair, rebuild or re-
that: place, with reasonable speed and similar
quality,other damaged property at the prem-
a. begins with the date of direct physical loss or ises shown in the Declarations which result
damage caused by or resulting from any Peril from the same occurrence.
Insured at the premises shown in the Decla-
rations;and 2. If the insured fails to use all available means to
eliminate unnecessary delay and does not resume
b. ends on the date the damaged property
could be repaired, rebuilt or replaced with normal "operations" as promptly as possible loss
reasonable speed and similar quality. This payment will be reduced as follows:
does not include any increased period re-
a. The amount of "business income" loss will quired due to the enforcement of any law
that restricts construction, use, repair or re- be reduced to the extent that "operations"
can be resumed in whole or in part by using
quires the tearing down of any property.
damaged or undamaged property at the
The "period of restoration" is not limited by the premises shown in the Declarations or else-
expiration date of this policy; however, Loss of where.
Income coverage applies only for twelve consecu-
tive months from the date of loss. b. The amount of "extra expense" loss will be
reduced to the extent that "operations" can
Insuring be returned to normal and "extra expense"
Agreement discontinued.
This policy covers the following losses which result from 3. Loss of "business income"' caused by action of
suspension of "operations" at the premises shown in civil authority which prohibits access to premises
the Declarations caused by direct physical loss of or shown in the Declarations will apply only for a
damage to property resulting from a Peril Insured: period of two consecutive weeks from the date of
that action. This action must be due to direct
1. loss of "business income" sustained by the in- physical loss of or damage to property, other than
sured during the "period of restoration"; the premises shown in the Declarations,caused by
or resulting from a Peril Insured.
2. any necessary "extra expense" incurred to avoid
or minimize the interruption of business and to 4. Loss of "business income" is limited for "ordinary
continue"operations": payroll expense'. Coverage for "ordinary payroll
expense" will be afforded for up to ninety consec-
a. at the described premises;or utive days during the "period of restoration".
4
SECTION I
PROPERTY
COVERAGES (cont.)
Valuation insurance;and
1. The determination of the amount of a "business b. all necessary expenses that reduce the
income" loss will be based on: "business income" loss.
a. the net income of the business before the Exclusions
direct physical loss or damage occurred;
1. The Company will not be liable for increase of loss
b. the probable net income of the business if no caused by or resulting from:
loss or damage occurred;
a. delay in rebuilding, repairing or replacing the
c. the operating expenses, including payroll ex- property or resuming "operations" due to
penses, necessary to resume "operations" interference at the premises shown in the
with the same quality of service that existed Declarations by strikers or other persons;or
just before the direct physical loss or dam-
age;and
b. suspension, lapse, or cancellation of any li-
d. other relevant sources of information, includ-
lapse lease or contract. If the suspension,
lapse or cancellation is directly caused by the
ing: suspension of "operations", losses that af-
(1) financial records and accounting proce- fect "business income" during the "period
duress of restoration" will be covered.
(2) bills,invoices and other vouchers;and 2. The Company will not be liable for "extra ex-
pense":
(3) deeds, liens and contracts.
a. caused by or resulting from suspension,
2. The determination of the amount of "extra ex- lapse or cancellation of any license, lease or
pense" will be based on: contract beyond the "period of restoration";
or
a. all expenses that exceed the normal opera-
ting expenses that would have been incurred b. to repair or replace any property or research,
by "operations" during the "period of resto- replace or restore the lost information on
ration" if no direct physical loss or damage damaged valuable papers and records that
occurred. The following will be deducted does not reduce the amount of "extra ex-
from the total of such expenses: pense" otherwise payable under this cover-
age.
(1) the remaining salvage value of any
property bought for temporary use dur- 3. The Company will not be liable for any other con-
ing the "period of restoration", once sequential loss.
"operations" are resumed;and
4. The Company will not be liable for loss caused by
(2) any "extra expense" that is paid for by or resulting from seizure or destruction of property
other insurance, except insurance that by order of governmental authority. The Company
is written subject to the same plan, shall be liable for acts of destruction at the time of
terms, condition and provisions as this a fire which are taken to prevent its spread.
5
SECTION I
PERILS AND
EXCLUSIONS
PERILS b. deterioration,inherent vice, latent defect;
INSURED
c. mechanical breakdown of machines, includ-
This policy insures against all risks of direct physical ing rupture or bursting caused by centrifugal
loss,subject to all the provisions contained herein. force;
EXCLUSIONS d. faulty design, materials or workmanship;
The Company shall not be liable for loss: e. rust, mold,wet or dry rot,contamination;
1. occasioned directly or indirectly by enforcement of f. dampness or dryness of atmosphere,
any ordinance or law regulating the construction, changes in or extremes of temperature;
repair or demolition of buildings or structures;
g. smog, smoke from agricultural smudging or
2. caused by or resulting from power, heating or industrial operations;
cooling failure, or due to change in temperature or
humidity, unless the failure or change results from h. birds,vermin,rodents, insects or animals;
physical damage to the building or to equipment
contained therein caused by a Peril Insured. Also, unless loss by fire, smoke (other than smoke from
the Company shall not be liable under this exclu agricultural smudging or industrial operations), ex-
sion for any loss resulting from riot, riot attending plosion, collapse of a building, glass breakage or
a strike, civil commotion, or vandalism or mali water not otherwise excluded ensues. This policy
cious mischief; shall cover only such ensuing loss.
If loss by water not otherwise excluded ensues,
3. caused by any electrical injury or disturbance of this policy shall also cover the cost of tearing out
electrical appliances, devices, fixtures, or wiring and replacing of any part of the building covered
caused by electrical currents artificially generated required to effect repairs to the plumbing, heating
unless fire as insured against ensues. The Compa or air conditioning system or domestic appliance
ny shall be liable only for loss caused by the ensu- but excluding loss to the system or appliance from
ing fire; which the water escapes;
4. caused by pilferage, appropriation or concealment 7. due to any and all settling, shrinking, cracking,
of any property covered or any fraudulent, dishon- bulging or expansion of driveways, sidewalks,
est or criminal act done by or at the instigation of swimming pools, pavements, foundations, walls,
any insured,partner or joint venturer,including any floors,roofs or ceilings;
officer, director, trustee, employee or agent there-
of, or any person to whom the property covered g. caused by explosion of steam boilers,steam pipes,
may be entrusted; steam turbines or steam engines (except direct
loss resulting from the explosion of accumulated
5. caused by leakage or overflow from plumbing, gases or unconsumed fuel within the firebox, or
heating, air conditioning or other equipment or combustion chamber of any fired vessel or within
appliances(except fire protective systems)caused the flues or passages which conduct the gases of
by or resulting from freezing while the described combustion therefrom) if owned by, leased by or
building is vacant or unoccupied, unless the in- operated under the control of the insured, or for
sured shall have exercised due diligence with re- any ensuing loss except by fire or explosion not
spect to maintaining heat in the buildings or unless otherwise excluded. The Company shall be liable
such equipment and appliances have been drained only for such ensuing loss;
and the water supply shut off during such vacancy
or unoccupancy; 9. caused by, resulting from, contributed to, or ag-
gravated by any of the following:
6. caused by:
a. earth movement, including but not limited to
a. wear and tear, marring or scratching; earthquake, volcanic eruption, landslide,
6
SECTION I
PERILS AND
EXCLUSIONS (cont.)
mudflow, earth sinking, earth rising or shift- 10. due to voluntary parting with title or possession of
ing; any property by the insured or others if induced to
do so by any fraudulent scheme or false pretense;
b. flood, surface water, waves, tidal water or
tidal waves, overflow of streams or other 1 1. due to unexplained or mysterious disappearance of
bodies of water, or spray from any of the property, or shortage of property disclosed on tak-
foregoing, all whether driven by wind or not; ing inventory;
c. water which backs up through sewers or
drains; 12. due to any delay or loss of market;
d. water below the surface of the ground in- 13. caused by repeated leakage or seepage of water or
eluding that which exerts pressure on or steam whether continuous or intermittent from
flows, seeps or leaks through sidewalks, any.
driveways, foundations, walls, basement or
other floors, or through doors, windows or a. heating, air conditioning or refrigerating sys-
any other opening in such sidewalks, drive- tem;
ways,foundations, walls or floors;
b. domestic appliance;or
unless fire or explosion as insured against ensues,
and then the Company shall be liable only for loss c. plumbing system, including from or around
caused by the ensuing fire or explosion.This exclu- any shower stall or other shower bath instal-
sion shall not apply to loss arising from theft; lation,bath tub or other plumbing fixture.
SECTION I
EXTENSIONS OF
COVERAGE
The following Extensions of Coverage shall be subject to This additional insurance is limited to a period of
the terms and conditions of Section I of this policy, ninety days from the date construction begins, the
unless otherwise indicated. date the values of new construction are reported
to the Company, or the date of such acquisition of
1. Newly Acquired Buildings and Business Per- new buildings or business personal property,
sonal Property. This policy is extended, as an whichever occurs first. It is a condition of this
additional amount of insurance, up to 50% of the insurance that the insured shall report such values
limit of liability specified for Coverage A-Buildings and pay pro rata additional premium from such
and 50%of the limit of liability specified for Cover- date.
age B -Business Personal Property, not to exceed
$150,000 on buildings and structures and 2. Elevator Collision. This policy is extended, as an
$50,000 on Business Personal Property to cover: additional amount of insurance, up to 25% of the
limit of liability specified for Coverage A-Buildings
a. new additions or new buildings constructed and Coverage B - Business Personal Property, but
on the described premises or acquired by the not exceeding $50,000, to cover loss or damage
insured at any other location and used for to elevators and to any other property owned,
purposes similar to those described in the occupied, used by or rented to the insured, includ-
Declarations of this policy, within the United ing, at the option of the insured, property in the
States of America and Canada;and care,custody or control of the insured for business
purposes and for which the insured is liable,
b. similar business personal property at any lo- caused by accidental collision of any part of an
cation newly acquired by the insured, else- elevator or of anything carried thereon, with an-
where than at the described locations but other part of such elevator or another object. This
within the United States of America and Extension of Coverage shall not apply to loss or
Canada. damage with respect to which coverage may be
7
SECTION I
EXTENSIONS OF
COVERAGE (cont.)
afforded under Section II of this policy. being returned from such place.
3. Off Premises. This policy is extended,as an addi- 6. Valuable Papers and Records. This policy is
tional' amount of insurance, not exceeding extended, as an additional amount of insurance,
$15,000,to cover loss to business personal prop- not exceeding $5,000, to cover the expense of
erty and building items, usual or incidental to the labor necessarily incurred by the insured in the
occupancy of the premises, belonging to the in- reproduction of valuable papers and records.
sured or for which the insured may be liable, while
temporarily elsewhere, but within the United 7. Extra Expense. This policy is extended, as an
States of America and Canada. This Extension of additional amount of insurance, not exceeding
Coverage shall not apply to property in transit, nor, $5,000 in any one occurrence, to cover the neces-
for a period of more than ninety days, to property sary extra expense incurred by the insured to con-
located at any other premises owned, leased, op- tinue normal operation of the insured's business as
erated or regularly used by the insured. a result of loss by a Peril Insured to the property
covered hereunder situated at the described loca-
4. Transportation. This policy is extended, as an tions. This coverage applies only during the time it
additional amount of insurance, not exceeding would require, with the exercise of due diligence
$15,000, to cover loss to business personal prop- and dispatch, to restore normal business opera-
erty and building items, while in transit, resulting tions.
from direct loss by flood, earthquake, volcanic
eruption, landslide or collision(except contact with 8. Trees, Plants, Lawns, and Shrubs. This policy
the roadbed), derailment, overturn or upset of a is extended, as an additional amount of insurance,
transporting conveyance. not exceeding $5,000, to cover loss caused by
fire, lightning, explosion, vehicle or aircraft, riot,
5. Accounts Receivable. This policy is extended, as civil commotion or vandalism and malicious mis-
an additional amount of insurance, not exceeding chief and theft, to trees, plants, lawns, and shrubs
$5,000 per occurrence for loss or damage at the while at the locations described in the Declarations
described locations,to cover: due to any one occurrence. This coverage will not
apply to property held for sale.
a. all sums due the insured, provided the in-
sured is unable to effect collection thereof as 9. Personal Effects. This policy is extended, as an
the direct result of loss of or damage to additional amount of insurance, to cover loss to
records of accounts receivable; personal effects of insureds, officers, partners or
employees thereof. The personal effects must be
b. interest charges on any loan to offset im- located on the premises described in the Declare-
paired collection pending repayment of such tions and the amount of insurance is limited to
sums made uncollectible by such loss or $100 per person and$500 per occurrence.
damage;
The Other Insurance Condition contained in the
c. collection expense in excess of normal col- Section I and Section II General Conditions does
lection cost and made necessary because of not apply to this Extension of Coverage. This ex-
such loss or damage; tension does not apply if the loss is covered by any
other insurance, or would have been covered by
d. other expenses,when reasonably incurred by such other insurance in the absence of this policy.
the insured in re-establishing records of ac- At the option of the Company, loss under this
counts receivable following such loss or Extension of Coverage may be adjusted with and
damage. payable to the insured or the property owner.
Insurance under this extension shall apply only 10. Property of Others. This policy is extended, as
while records of accounts receivable are contained an additional amount of insurance, to cover busi-
in the premises described in the Declarations, ex- ness personal property of others. The property
cept while such records are in actual use or are must be located on the premises described in the
being removed to a place of safety because of Declarations and in the care, custody or control of
imminent danger of loss or damage and while the insured. The amount of insurance is limited to
8
SECTION I
EXTENSIONS OF
COVERAGE (cont.)
$1,000 per person and to an aggregate limit of a covered fire.
$10,000 per occurrence.
15. Debris Removal. This policy is extended to cover
The Other Insurance Condition contained in the expense incurred in the removal of the debris of
Section I and Section II General Conditions does the property covered occasioned by loss as in-
not apply to this Extension of Coverage. This ex- sured against in this policy. This shall not be an
tension does not apply if the loss is covered by any additional amount of insurance.
other insurance, or would have been covered by
such other insurance in the absence of this policy. 16. Removal. This policy is extended to cover direct
At the option of the Company, loss under this loss from any cause to covered business personal
Extension of Coverage may be adjusted with and property while being removed from a premises
payable to the insured or the property owner. endangered by a Peril Insured. Coverage also ap-
plies for not more than five days while the property
11. Exterior Signs. This policy is extended, as an is removed. This shall not be an additional amount
additional amount of insurance, not exceeding of insurance.
$500,to provide replacement coverage to all exte-
rior signs which are the property of the insured or 17. Damage To Buildings From Theft, Burglary or
the property of others in the care, custody or Robbery.
control of the insured, on the premises described
in the Declarations for direct physical loss exclud- a. This policy is extended to cover loss (except
ing wear and tear, latent defect, corrosion or rust, by fire or explosion)resulting from theft, bur-
or mechanical breakdown. glary or robbery (including attempted theft,
burglary or robbery)to:
12. Arson Reward. This policy is extended, as an (1) that part of the building;and
additional amount of insurance, to provide a
reward in the amount of $5,000 for information (2) equipment pertaining to the service of
which leads to an arson conviction in connection such building;
with a fire loss covered under this policy. Regard-
less of the number of persons involved in providing occupied by the insured and containing cov-
information, the limit of the Company's liability ered property, provided the insured is liable
under this extension shall not be increased. for such damage and is not the owner of the
building.
13. Fire Department Service Charge. This policy is
extended, as an additional amount of insurance, b. In no event shall this coverage apply:
not exceeding$500, to cover the insured's liability
assumed by contract or agreement for fire depart- (1) to glass (other than glass building
ment charges incurred when the fire department is blocks) or to any lettering or ornamen-
called to save or protect covered property from a tation; or
Peril Insured.
(2) to building property or equipment re-
14. Fire Extinguisher Recharge. This policy is ex- moved from the premises.
tended, as an additional amount of insurance, to
cover the expenses incurred to recharge a portable c. This shall not be an additional amount of
fire extinguisher when it has been used to combat insurance.
SECTION I
OPTIONAL
COVERAGES
The following Optional Coverages are subject to all the Each Optional Coverage applies only as indicated in the
terms and conditions applicable to Section I of this Declarations.
policy,except as otherwise provided for herein.
9
SECTION I
OPTIONAL
COVERAGES (cont.)
OPTION ES- the cost of replacing securities shall not be more
EXTERIOR SIGNS than the market value at the close of business on
the business day next preceding the day on which
The limit of liability for exterior signs under Extensions of the loss was discovered;
Coverage is amended to be the amount shown in the
Declarations for this option. 4. this policy shall not apply to loss due to any dis-
honest or fraudulent act by the insured or by any
OPTION TP- partner, joint venturer, or trustee, whether acting
TREES,PLANTS, alone or in collusion with others;
LAWNS AND SHRUBS
5. this policy shall not apply to loss, or to that part of
The limit of liability for Trees, Plants, Lawns, and Shrubs any loss, as the case may be, the proof of which,
under Extensions of Coverage is amended to be the either as to its factual existance or as to its
amount shown in the Declarations for this option. amount, is dependent upon an inventory computa-
tion or enumeration or a profit and loss computa-
OPTION ED- tion;
EMPLOYEE DISHONESTY
6. insurance hereunder shall be deemed cancelled as
When coverage is designated in the Declarations for to any employee immediately upon discovery by
Employee Dishonesty, this policy provides coverage for the insured, or any partner, joint venturer or officer
loss of money, securities, and other business personal thereof not in collusion with such employee,of any
property by dishonest or fraudulent acts of the named fraudulent or dishonest act of such employee;
insured's employees for an amount not exceeding the
limit of liability shown in the Declarations and subject to 7. except as may be specifically provided to the con-
the following conditions: trary in this coverage, this policy shall not apply to
the defense of any legal proceeding brought
1. for purposes of this coverage, employee means against the insured, or to fees, costs or expenses
any natural person while in the regular service of incurred or paid by the insured in prosecuting or
the insured in the ordinary course of the insured's defending any legal proceeding whether or not
business as well as officers and directors of the such proceeding results or would result in a loss to
named insured (except while performing outside the insured covered by this policy;
the scope of the normal duties of such officer or
director). However, this does not extend to any 8. dishonest or fraudulent acts or a series of similar or
broker, consignee, contractor or other agent or related acts of any employee acting alone or in
representative of the same general character; collusion with others during the effective period of
this coverage shall be deemed to be one occur
2. dishonest or fraudulent acts as used in this cover- rence for the purpose of applying the deductible
age shall mean only dishonest or fraudulent acts and the limit of liability;
committed by such employee with the manifest
intent: 9. loss is covered only if discovered not later than one
year from the termination of this coverage and
a. to cause the insured to sustain such loss;and then this insurance shall apply only to loss sus-
tained during the effective period of this coverage;
b. to obtain financial benefit for the employee,
or for any other person or organization in- 10. if more than one insured is covered under this
tended by the employee to receive such ben- policy, the liability of the Company shall not ex-
efits other than salaries, commissions, fees, ceed the amount for which the Company would be
bonuses, promotions, awards, profit shar- liable if there was only one insured;
ings, pensions or other employee benefits
earned in the normal course of employment; 11. this policy shall not apply to loss due to the surren-
der of money, securities or other property away
3. the limit of the Company's liability for loss shall from the premises as a result of a threat to do:
not exceed the replacement cost thereof at the
time of loss, provided, however, the payment of a. bodily harm to any person;or
10
SECTION I
OPTIONAL
COVERAGES (cont.)
b. damage to the premises or property owned acts or events causing such loss were committed
by the insured or held by the insured in any or occurred;and
capacity;
4. recovery under this optional coverage shall not
12. regardless of the nhmber of years this policy shall exceed the smaller of the following:
continue in force, the limit of liability shown in the
Declarations shall not be cumulative from year to a. the amount which would have been recover-
year; able under such prior bond or insurance poli-
cy had such prior bond or policy continued in
13. this policy does not apply to costs, fees and other force until the discovery of such loss;or
expenses incurred by the insured in establishing
the existence of/or amount of loss covered under b. the amount which would have been recover
this policy; able under this optional coverage had this
coverage been in force when such acts or
14. if more than one insured is covered under this events were committed or occurred.
policy, the insured first named shall act for itself OPTION BM-BOILER,
and for every other insured for all purposes of this PRESSURE VESSELS AND AIR
policy; CONDITIONING EQUIPMENT
15. if loss exceeds the Option ED limit of liability When coverage is designated in the Declarations for
shown in the Declarations, the in9ared shall be Boiler, Pressure Vessels and Air Conditioning Equipment
entitled to all recoveries, less any deductible and (including refrigerating units), this policy provides cover-
the actual cost of recovery, until fully reimbursed. age for loss from an Accident to an Object, as defined
This provision does not apply if recovery is from herein which is owned by, leased by, or operated under
suretyship, insurance, reinsurance or security of the control of the insured. The amounts of coverage
indemnity taken by or for the benefit of the Corn-
under this option are a part of and not in addition to the
pany. property limit of liability.
Loss Under Definitions
Prior Bond
or Policy 1. Boiler and Pressure Vessels-Object shall mean:
The Company agrees that this optional coverage applies a. any steam heating or hot water heating
to loss which would have been recoverable by the in- boiler;
sured or by any predecessor in the interest of the insured
under a prior bond or policy, except for the fact that the b. any condensate return tank used in connec-
time within which to discover loss thereunder had ex- tion with a steam heating boiler;
pired, provided:
c. any expansion tank used in connection with
1. coverage under this optional coverage is substitut- a hot water heating boiler;
ed for the prior bond or insurance policy at the time
the prior bond or insurance policy is terminated, d. any hot water heater;
cancelled or allowed to expire;
e. any other fired or unfired vessel used for
2. the insurance under this condition shall not in- maintenance or service of the premises
crease the limit of liability under Option ED - Em- where they are located and not used in pro-
ployee Dishonesty coverage; cessing or manufacturing;
3. such loss would have been covered under this f. any piping used in connection with a steam
optional coverage had this coverage, subject to all heating boiler which contains steam or con-
its agreements, conditions and limitations at the densate thereof, with valves, fittings, traps
time of such substitution, been in force when the and separators thereon;and
11
SECTION I
OPTIONAL
COVERAGES (cont.)
g. any feedwater piping between any steam b. the breakdown of any vacuum tube, gas
heating boiler and its feed pump or injector. tube, brush, electronic computer, electronic
data processing equipment, structure or
2. Air Conditioning Equipment - Object shall mean foundation supporting the property covered
any air conditioning unit or refrigerating unit which or any part thereof;
has a capacity of five horsepower or more includ-
ing: c. the functioning of any safety device or pro-
tective device; nor
a. all interconnected vessels, coils and piping
which contain refrigerant, or within which
refrigerant is circulated, together with valves d. the explosion of gas or unconsumed fuel
and fittings on such vessels,coils and piping; within the furnace of any Object or within the
passages from the furnace of said Object to
b. any vessel, heated directly or indirectly, the atmosphere.
which functions as a generator, regenerator Exclusions
or concentrator and which forms a part of an
absorbtion type unit; The Company shall not be liable for loss to:
c. all compressors, pumps, fans and blowers 1. any boiler, fired vessel or air conditioning equip-
used solely with such unit, together with ment while said equipment is undergoing hydros-
their driving electric motors; tatic, pneumatic or gas pressure test, or while said
equipment is undergoing an insulation breakdown
d. all control equipment used solely with the test or is being dried out;
unit,excluding any wiring or piping leading to
or from the unit; and 2. any boiler setting, any insulating or refractory ma-
terial, any part of a boiler or vessel which is not
e. all vessels, radiators, inductors, convectors under vacuum or internal pressure other than stat-
and coils, together with valves and fittings is pressure of contents (other than a condensate
thereon, which are connected to or used return tank), any reciprocating, rotating or electri-
with the unit and within which steam,water, cal apparatus within or forming a part of a boiler or
brine or other solution is circulated for cool- vessel, any piping not on the premises of the
ing, humidifying or space heating; and all insured.
piping containing water, brine or other solu-
tion interconnecting such vessels, radiators,
inductors, convectors and coils, together Inspection
with valves and fittings on such piping, but and Suspension
excluding any vessel, cooling tower, reser-
voir or other source of supply of cooling wa The Company shall be permitted but not obligated to
ter for any condenser or compressor,togeth inspect, at all reasonable times, any insured Object.
er with any water piping leading to or from Neither the Company's right to make inspections nor
such source of su I the making thereof nor any report thereon shall consti-
pp y tute an undertaking,on behalf of or for the benefit of the
3. Accident shall mean a sudden and accidental insured or others, to determine or warrant that such
breakdown of the Object covered, which mani Object is safe or healthful.
fests itself at the time of the breakdown by physi-
cal damage to the Object covered which necessi- Upon discovery of a dangerous condition with respect to
tates repair or replacement of such Object. any Object, any representative of the Company may
immediately suspend the insurance with respect to an
Accident shall not mean: Accident to said Object by written notice mailed or
delivered to the insured at the mailing address shown in
a. depletion, deterioration, corrosion or erosion the Declarations, or at the location of the Object. The
of material; wear and tear, leakage at any insured shall be credited the unearned portion of the
valve, fitting, shaft seal, gland packing, joint premium paid for such suspended insurance, pro rata,
or connection; for the period of suspension.
12
SECTION I
OPTIONAL
COVERAGES (cont.)
OPTION AR- OPTION VP-
ACCOUNTS VALUABLE PAPERS
RECEIVABLE AND RECORDS
The limit of liability for accounts receivable under Exten- The limit of liability for valuable papers and records
sions of Coverage is amended to be the amount shown under Extensions of Coverage is amended to be the
in the Declarations for this option. amount shown in the Declarations for this option.
SECTION I
DEDUCTIBLES
The Section I deductible will be as shown in the Declare- SPECIAL
tions. The deductible will be applied per occurrence and DEDUCTIBLES
will be deducted from the amount of loss.
The sum of$250 shall be deducted from the amount of
This deductible will not apply to Loss of Income, Arson loss in any occurrence when coverage is designated in
Reward, Fire Department Service Charge, Fire Extin- the Declarations for Option ED - Employee Dishonesty
guisher Recharge, nor to items subject to Special and Option BM -Boiler, Pressure Vessels and Air Condi-
Deductibles. tioning Equipment. No other deductible will apply to
these options.
A $100 deductible will apply to loss to glass. This
deductible will be applied per occurrence and will be
deducted from the amount of loss.
SECTION I
CONDITIONS
1. Replacement Cost. b. The Company shall not be liable for payment
of loss on a replacement cost basis unless
a. Unless otherwise specified, loss shall be ad- and until actual repair or replacement is corn-
justed on the basis of the replacement cost pleted.
value of the property insured hereunder, but
the limit of liability of the Company shall not Unless the time is extended by the Company in
exceed the least of: writing, loss to property not repaired or replaced
within one year after the loss will be settled on an
(1) the full cost of replacement of such actual cash value basis rather than on a replace-
property at the same site with new ment cost basis.
material of like kind and quality, with-
out deduction for depreciation; 2. Glass Replacement. Loss for damage to glass
caused by a Peril Insured shall be adjusted on the
(2) the cost of repairing the insured proper- basis of replacement with safety glazing materials
ty within reasonable time; when required by ordinance or law.
(3) the limit of liability under this policy
applicable to such property at the time 3. Duties of the Insured After a Loss. In case of
of loss;or loss,the insured shall:
(4) the amount actually and necessarily ex- a. give immediate notice of such loss to the
pended in repairing or replacing such Company and in case of theft, also to the
property or any part thereof. police;
13
SECTION I
CONDITIONS (cont.)
b. protect the property from further damage or honesty, upon knowledge or discovery of
loss, make reasonable and necessary repairs loss or of an occurrence which may give rise
required to protect the property, and keep an to a claim for loss:
accurate record of repair expenditures;
(1) give notice thereof as soon as practica-
c. prepare an inventory of damaged personal ble to the Company;and
property showing in detail, the quantity, de-
scription, actual cash value and amount of (2) file a detailed proof of loss, duly sworn
loss. Attach to the inventory all bills,receipts to with the Company within four
and related documents that substantiate the months of the discovery of such loss.
figures in the inventory;
4. Appraisal. If the insured and the Company fail to
d. as often as the Company reasonably re- agree on the amount of the loss, either can de-
quires: mand that the amount of loss be set by appraisal.
If either party makes a written demand for appra-
(1) exhibit the damaged property; isal, each shall select a competent independent
appraiser. Each shall notify the other of the select-
(2) provide the Company with records and ed appraiser's identity within twenty days of re-
documents requested and permit the ceipt of the written demand.
Company to,make copies;
The two appraisers shall select a competent, im-
(3) submit to examinations under oath and partial umpire. If the appraisers are unable to agree
subscribe the same; and upon an umpire within fifteen days, the insured or
the Company may petition a judge of a Court of
(4) produce employees, members of the Record in the state where the insured premises is
insured's household or others for ex- located to select an umpire.
aminations under oath to the extent it
is within the insured's power to do so; The appraisers shall then set the amount of the
loss. If the appraisers submit a written report of an
e. submit to the Company, within sixty days agreement to the Company, the amount agreed
after the occurrence, a signed, sworn proof upon shall be the amount of the loss. If the ap-
of loss which sets forth, to the best of the praisers fail to agree within a reasonable time,they
insured's knowledge and belief: shall submit their differences to the umpire. Writ-
ten agreement signed by any two of these three
(1) the time and cause of loss; shall set the amount of loss. Each appraiser shall
be paid by the party selecting that appraiser. Other
(2) interest of the insured and all others in expenses of the appraisal and compensation of the
the property involved and all encum- umpire shall be paid equally by the insured and the
brances on the property; Company.
(3) other insurance which may cover the 5. Company Options. If the Company gives notice
loss; within thirty days after it has received a signed,
sworn statement of loss, it shall have the option to
(4) changes in title or occupancy of the take all or any part of the property damaged at an
property during the term of this policy; agreed value, or to repair, rebuild or replace it with
equivalent property.
(5) specifications of any damaged building
and detailed estimates for repair of the 6. Abandonment of Property. The Company need
damage;and not accept any property abandoned by an insured.
(6) an inventory of damaged personal 7. Payment of Loss. The Company will adjust all
property described in c. above; losses with the insured. The Company will pay the
insured unless some other person is named in the
f. with respect to Option ED - Employee Dis- policy or is legally entitled to receive payment.
14
SECTION I
CONDITIONS (cont.)
Loss will be payable sixty days after the Company beyond sixty consecutive days before the loss.
receives and accepts the insured's proof of loss Vacant means containing no personal property.
and: Buildings under construction are not considered
vacant.
a. reaches agreement with the insured;
11. Mortgage Clause - Applicable Only to Build-
b. there is an entry of a final judgment;or ings. This clause is effective if a mortgagee is
named in the Declarations. Loss to buildings shall
c. there is a filing of an appraisal award with the be payable to the named mortgagee, as interest
Company. may appear under all present or future mortgages
on the buildings described in the Declarations in
8. Privilege to Adjust With Owner. order of precedence of mortgage's on them. As it
applies to the interest of any mortgagee designat-
a. Except as provided in b. below, or unless ed in the Declarations, this insurance shall not be
another payee is specifically named in the affected by any of the following:
policy, loss, if any, shall be adjusted with and
payable to the insured. a. any act or neglect of the mortgagor or owner
of the described buildings;
b. In the event claim is made for loss to proper-
ty of others held by the insured, the right to b. any foreclosure or other proceedings or no-
adjust such loss or damage with the owner
or owners of the property is reserved to the tice of sale relating to the property;
Company and the receipt of payment by
such owner or owners in satisfaction thereof c. any change in the title or ownership of the
shall be in full satisfaction of any claim of the property;
insured for which such payment has been
d. occupancy of the premises for purposes
made. more hazardous than are permitted by this
If legal proceedings are taken to enforce a policy;
claim against the insured as respects to any
such loss or damage, the Company reserves provided, that in case the mortgagor or owner
the right at its option without expense to the shall neglect to pay any premium due under this
insured, to conduct and control the defense policy, the mortgagee shall, on demand, pay the
on behalf of and in the name of the insured. premium.
No action of the Company in such regard
shall increase the liability of the Company The mortgagee shall notify the Company of any
under this policy, nor increase the limits of change of ownership or occupancy or increase of
liability specified in the policy. hazard which shall come to the knowledge of the
mortgagee. Unless permitted by this policy, such
9. Suit. No action shall be brought unless there has change of ownership or occupancy or increase of
been compliance with the policy provisions, and hazard shall be noted on the policy and the mort-
the loss has become payable as specified in Condi- gagee shall on demand pay the premium for the
tion 7 -Payment of Loss and the action is started increased hazard for the term it existed under this
within one year after the occurrence causing loss policy. If such premium is not paid,this policy shall
or damage. be null and void.
With respect to Option ED-Employee Dishonesty, The Company reserves the right to cancel this
there must be full compliance with all provisions policy at any time as provided by its terms. If so
and terms applicable to Option ED. Suit must be cancelled, this policy shall continue in force for the
commenced within one year from the date the benefit only of the mortgagee for ten days after
insured discovered the loss. notice to the mortgagee of such cancellation and
shall then cease. The Company shall have the right
10. Vacancy. The Company will reduce any loss pay- to cancel this agreement on ten days notice to the
ment 15% if the involved building has been vacant mortgagee.
15
SECTION I
CONDITIONS (cont.)
When the Company shall pay the mortgagee any the amount of this insurance.
sum for loss under this policy, and shall claim that,
as to the mortgagor or owner, no liability therefore 14. No Benefit to Bailee. This insurance shall not
existed, the Company shall, to the extent of such inure directly or indirectly to the benefit of any
payment, be thereupon legally subrogated to all carrier or other bailee.
the rights of the mortgagee to whom such pay-
ment shall have been made, under the mortgage 15. No Control. This insurance shall not be preju-
debt. In lieu of taking such subrogation, the Com- diced:
pany may, at its option, pay to the mortgagee the
whole principal due or to grow due on the mort- a. by an act or neglect of the owner of any
gage, with interest accrued and shall thereupon building if the insured is not the owner there-
receive a full assignment and transfer of the mort- of, or by any act or neglect of any occupant
gage and of all such other securities. However, no other than the insured of any building, when
subrogation shall impair the right of the mortgagee such act or neglect of the owner or occupant
to recover the full amount of said mortgagee's is not within the control of the insured;or
claim.
b. by failure of the insured to comply with any
12. Recoveries. In the event the Company has made warranty or condition contained in any en-
a payment for loss under the policy and a subse- dorsement attached to this policy with re-
quent recovery is made of the lost or damaged gard to any portion of the premises over
property, the insured shall be entitled to all reco- which the insured has no control.
veries in excess of the amount paid by the Compa-
ny, less only the actual cost of effecting such 16. Increase of Hazard. The Company shall not be
recoveries. liable for loss occurring while the hazard is in-
creased by any means within the control or knowl-
13. Loss Clause. Any loss hereunder shall not reduce edge of the insured.
SECTION II
COMPREHENSIVE
BUSINESS LIABILITY
COVERAGE L- RIGHT AND
BUSINESS LIABILITY DUTY TO DEFEND
The Company will pay on behalf of the insured all sums The Company shall have the right and duty to defend
which the insured shall become legally obligated to pay any claim or suit against the insured seeking damages
as damages because of bodily injury, property dam- payable under this policy, even though the allegations of
age or personal injury caused by an occurrence to the suit may be groundless, false, or fraudulent. The
which this insurance applies. The total liability of the Company may make such investigations and settle-
Company for all damages, including completed opera- ments of any claim or suit as it deems expedient. The
tions hazard, products hazard, and damages for care Company is not obligated to pay any claim or judgment
and loss of services, as a result of any one occurrence or to defend any suit after the applicable limit of the
shall not exceed the limit of liability stated in the Decla- Company's liability has been exhausted by payment of
rations as applicable to each occurrence. judgments or settlements.
As stated in the Declarations, the limit of liability shown SUPPLEMENTARY
under Coverage L - Business Liability is an aggregate PAYMENTS
limit for all occurrences during the policy period with
respect to the completed operations hazard and The Company will pay, in addition to the applicable limit
products hazard combined. of liability:
16
SECTION II
COMPREHENSIVE
BUSINESS LIABILITY (cont.)
1. all expenses incurred by the Company; vete passenger automobile;
2. all cost taxed against the insured in any suit de- (2) the use of any non-owned commer-
fended by the Company and all interest on the cial automobile by an employee of the
entire amount of any judgment which accrues af- named insured if the use is occasional
ter entry of the judgment and before the Company and infrequent.
has paid or tendered or deposited in court that part
of the judgment which does not exceed the limit of 2. to bodily injury or property damage arising out
the Company's liability; of:
3. premium on appeal bonds in any sucn suit; a. the ownership, maintenance, operation, use,
loading or unloading of any land motor vehi-
4. premiums on bonds to release attachments in any cle:
such suit for an amount not in excess of the appli-
cable limit of liability of this policy; (1) not subject to motor vehicle registra-
tion, but this exclusion does not apply
5. expenses incurred by the insured for first aid to provided such vehicle is maintained for
others at the time of an accident for bodily injury use on premises owned by or rented to
to which this policy applies; the named insured including the ways
immediately adjoining;
6. reasonable expenses incurred by the insured at
the Company's request in assisting the Company (2) while being used in any prearranged or
in the investigation or defense of any claim or suit, organized racing, speed or demolition
including actual loss of earnings not to exceed$50 contest or in any stunting activity or in
per day. practice or preparation for any such
contest or activity;or
BUSINESS
LIABILITY b. the operation or use of any snowmobile or
EXCLUSIONS trailer designed for use therewith;
Under Coverage L,this policy does not apply: 3. to bodily injury or property damage arising out
of the ownership, maintenance, operation, use,
1. to bodily injury or property damage arising out loading or unloading of:
of the ownership, maintenance, operation, use,
loading or unloading of: a. any watercraft owned or operated by or rent-
ed or loaned to any insured;or
a. any automobile or aircraft owned or operat-
ed by or rented or loaned to any insured;or b. any other watercraft operated by any person
in the course of their employment by any
b. any other automobile or aircraft operated by insured;
any person in the course of their employment
by any insured. but this exclusion does not apply to watercraft
while ashore on premises owned by, rented to or
This exclusion does not apply to the parking of an controlled by the named insured.
automobile on premises owned by, rented to or
controlled by the named insured or on the ways This exclusion also does not apply to any water-
immediately adjoining, if such automobile is not craft under 26' in length provided such watercraft
owned by or rented or loaned to any insured. is neither owned by the named insured nor being
used to carry persons or property for a charge.
This exclusion does not apply to the following if Where the insured is, irrespective of this cover-
used in the business of the named insured: age, covered or protected against any loss or claim
which would otherwise have been paid under this
(1) the use by any person, other than the policy, there shall be no contribution or participa-
named insured, of a non-owned pri- tion by the Company on the basis of excess, con-
17
SECTION II
COMPREHENSIVE
BUSINESS LIABILITY (cont.)
tributing, deficiency, concurrence or double insur- of manufacturing, distributing, selling or serving of
ance or otherwise; alcoholic beverages and provided further that there
has been no intentional violation of any statute,
4. to liability assumed by the insured under any con- regulation, or ordinance committed by or at the
tract or agreement except a contract as defined direction of the insured;
in this policy;
8. to bodily injury or property damage due to ren-
5. to bodily injury or property damage arising out dering of or failure to render any professional ser-
of the discharge, dispersal, release or escape of vice or treatments, including but not limited to:
smoke, vapors, soot, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste materials or a. legal, accounting, advertising;
other irritants, contaminants or pollutants into or
upon land, the atmosphere or any water course or b. engineering, drafting, surveying or architec-
body of water; but this exclusion does not apply if tural, including:
such discharge, dispersal,release or escape is sud-
den and accidental; (1) the preparation or approval of maps,
plans, opinions, reports, surveys, de-
6. to any obligation for which the insured or any signs or specifications; and
carrier as their insurer may be held liable under any
workers' or workmen's compensation, unemploy- (2) supervisory or inspection services;
ment compensation or disability benefits law, or
under any similar law; c. medical, surgical, dental, x-ray, anesthesiol-
ogy or nursing;
7. to bodily injury or property damage for which
the insured or their indemnitee may be held liable: d. pharmacological, mortuary or veterinary;
a. as a person or organization engaged in the e. chiropractic, massage, physiotherapy, chiro-
business of manufacturing, distributing, sell- pody or osteopathy;and
ing or serving alcoholic beverages;or
f. cosmetic, hearing aid, optical, ear piercing,
b. if not so engaged, as an owner or lessor of or tonsorial services;
premises used for such purposes, if such
liability is imposed: except as may be provided in the Extensions of
Coverage;
(1) by, or because of the violation of any
statute, ordinance or regulation per- 9. to bodily injury to any employee of the insured
taining to the sale, gift, distribution or arising out of and in the course of their employ-
use of any alcoholic beverages;or ment by the insured or to any obligation of the
insured to indemnify another because of damages
(2) by reason of the selling, serving or giv- arising out of such injury; but this exclusion does
ing of any alcoholic beverage to a minor not apply to liability assumed by the insured un-
or to a person under the influence of der a contract;
alcohol or which causes or contributes
to the intoxication of any person; 10. with respect to insurance afforded to any employ-
ee of the named insured other than an executive
but part (2) of this exclusion does not apply with officer:
respect to liability of the insured or their indemni-
tee as an owner or lessor described in b. above. a. to bodily injury to:
This entire exclusion does not apply to liability (1) another employee of the named in-
imposed on the insured as the result of the giving sured arising out of and in the course
or serving of alcoholic beverages at'functions inci- of their employment;
dental to the named insured's business, provided
the named insured is not engaged in the business (2) the named insured or if the named
18
SECTION II
COMPREHENSIVE
BUSINESS LIABILITY (cont.)
insured is a partnership or joint yen- performed by or on behalf of the
ture, any partner or member thereof; insured at the time of the prop-
erty damage arising out of such
b. to property damage to property owned, operations;
occupied or used by, rented to, in the care,
custody or control of, or over which physical (b) out of which any property dam-
control is being exercised for any purpose by: age arises;or
(1) another employee of the named in- (c) the restoration, repair or replace-
sured; ment of which has been made or
is necessary by reason of faulty
(2) the named insured, or if the named workmanship thereon by or on
insured is a partnership or joint ven- behalf of the insured;
ture,any partner or member thereof;
c. with respect to the completed operations
11. to damage to property: hazard, to work performed by the named
insured arising out of the work or any por-
a. owned or occupied by or rented to the in- tion thereof, or out of materials, parts or
sured, or, except with respect to the use of equipment furnished in connection there-
elevators, to property held by the insured with;
for sale or entrusted to the insured for stor-
age or safekeeping; but this exclusion does 12. to property damage to premises alienated by the
not apply to property damage to structures named insured arising out of such premises or
rented to or occupied by the named in- any part thereof;
sured, including fixtures permanently at-
tached thereto, if such property damage 13. to property damage to the named insured's
arises out of any Peril Insured in Section I of products arising out of such products or any part
this policy for which coverage is specifically of such products;
granted for Property Damage Legal Liability
under Section II Extensions of Coverage; 14. to loss of use of tangible property which has not
been physically injured or destroyed resulting
b. except with respect to liability under a writ- from:
ten sidetrack agreement or the use of eleva-
tors to: a. a delay in or lack of performance by or on
behalf of the named insured of any con-
(1) property while on premises owned by tract or agreement;or
or rented to the insured for the pur-
pose of having operations performed b. the failure of the named insured's prod-
on such property by or on behalf of the ucts or work performed by or on behalf of
insured; the named insured to meet the level of
performance, quality, fitness or durability
(2) tools or equipment while being used by warranted or represented by the named in-
the insured in performing their opera- sured;
tions;
but this exclusion does not apply to loss of use of
(3) property in the custody of the insured other tangible property resulting from the sudden
which is to be installed,erected or used and accidental physical injury to or destruction of
in construction by the insured; the named insured's products or work per-
formed by or on behalf of the named insured
(4) that particular part of any property, not after such products or work have been put to use
on premises owned by or rented to the by any person or organization other than an in-
insured: sured;
(a) upon which operations are being 15. to damages claimed for the withdrawal, insnec-
19
SECTION II
COMPREHENSIVE
BUSINESS LIABILITY (cont.)
tion, repair, replacement, or loss of use of the or utterance described in item b. of the Definition
named insured's products or work completed of personal injury:
by or for the named insured or for any property of
which such products or work form a part, if such a. if the first injurious publication or utterance
products, work or property are withdrawn from
the market or from use because of any known or of the same or similar material by or on be
suspected defect or deficiency therein; half of the named insured was made prior
to the effective date of this insurance;or
16. to personal injury arising out of the willful viola-
tion of a penal statute or ordinance committed by b. concerning any organization or business en-
or with knowledge or consent of any insured; terprise or its products or services made by
or at the direction of any insured with
17. to personal injury arising out of any publication knowledge of the falsity thereof.
SECTION II
MEDICAL
PAYMENTS
COVERAGE M- sion of liability of any person or, except hereunder, of
MEDICAL PAYMENTS the Company.
The Company will pay up to the limit shown in the MEDICAL
Declarations for reasonable medical expenses incurred PAYMENTS
by any person who requires medical services because of EXCLUSIONS
an accident arising out of business operations with re-
spect to which the named insured is afforded coverage Under Coverage M, this policy does not apply:
for bodily injury liability, except for liability arising out
of use of a non-owned automobile.
1. to bodily injury excluded under Coverage L-Busi-
The medical expenses must be incurred within one Hess Liability;
year after the accident and must result directly from the
accident. 2. to bodily injury to any person while engaged in
maintenance and repair of the insured premises or
The Company will not pay more than the limit shown in alteration, demolition or new construction at such
the Declarations for all medical expenses incurred by premises;
all persons requiring medical services in any one acci-
dent. 3. to bodily injury arising out of operations per-
formed for the named insured by independent
As soon as practicable the injured person or someone on contractors other than:
their behalf shall give to the Company written proof of
claim for medical expenses under oath if required, and a. maintenance and repair of the insured prem-
shall after each request from the Company, execute ises; or
authorization to enable the Company to obtain medical
reports and copies of records. The injured person shall b. structural alterations at such premises which
submit to physical examinations by physicians selected do not involve changing the size of or moving
by the Company when and as often as the Company buildings or other structures;
may reasonably require.
4. to bodily injury to the named insured, any part-
The Company may pay the injured person or any person ner therein, any tenant or other person regularly
or organization rendering the services and the payment residing on the insured premises or any employees
shall reduce the amount payable hereunder for such of any of the for.egoing if the bodily injury arises
injury. Payment hereunder shall not constitute an admis- out of and in the course of their employment;
20
SECTION II
MEDICAL
PAYMENTS (cont.)
5. to bodily injury to any other tenant if the bodily ability benefits law,or under any similar law;
injury occurs on that part of the insured premises
rented from the named insured or to any employ- 7. to any medical expense for services by the
ee of such tenant if the bodily injury occurs on the named insured, any employee thereof or any per-
tenant's part of the insured premises and arises son or organization under contract to the named
out of and in the course of their employment by insured to provide such services;
the tenant;
8. to bodily injury to any person practicing, instruct-
ing or participating in any physical training, sport,
6. to bodily injury to any person if any benefits for athletic activity or contest;
such bodily injury are payable or required to be
provided under any workers' or workmen's corn- 9. to bodily injury included within the completed
pensation, unemployment compensation or dis- operations hazard or the products hazard.
SECTION II
EXTENSIONS OF
COVERAGE
The following Extensions of Coverage shall be subject to 2. Incidental Medical Malpractice Liability. The
the terms and conditions of Section II of this policy, definition of bodily injury is amended to include
unless otherwise indicated. Incidental Medical Malpractice Injury.
1. Property Damage Legal Liability. The Company a. Incidental Medical Malpractice Injury means
will also pay on behalf of the insured all sums injury arising out of the rendering of or failure
which the insured shall become legally obligated to render, during the policy period, the fol-
to pay for property damage to structures rented lowing services:
to or occupied by the named insured, including
fixtures permanently attached thereto, if such (1) medical, surgical, dental, x-ray or nurs-
property damage arises out of any Perils Insured ing service or treatment or the furnish-
in Section I of this policy. The total liability of the ing of food or beverages in connection
Company for all damages as a result of any one therewith;or
event, or a series or combination of such events,
shall not exceed$300,000 for each occurrence. (2) the furnishing or dispensing of drugs or
medical, dental or surgical supplies or
The above limits shall not be increased because of appliances.
the following:
b. This coverage does not apply to:
a. The number of persons or organizations in-
sured under this policy. (1) expenses incurred by the insured for
first aid to others at the time of an
b. The number of persons or organizations who occurrence and the "Supplementary
have sustained injury or damage. Payments" provision and the "In-
sured's Duties in the Event of Occur-
c. The number of claims made or causes of rence, Claim or Suit" condition are
action or suits brought because of injury or amended accordingly;
damage. For the purpose of determining the
limit of the Company's liability, all bodily (2) any insured engaged in the business or
injury and property damage arising out of occupation of providing any of the ser-
a continuous or repeated exposure to sub- vices described in a.(1) and a.(2)
stantially the same general conditions shall above;
be considered as arising out of one occur-
rence. (3) injury caused by an indemnitee if such
21
SECTION II
EXTENSIONS OF
COVERAGE (cont.)
indemnitee is engaged in the business ture, provided this insurance does not apply to
or occupation of providing any of the bodily injury, property damage, or personal
services described in a.11) and a.(2) injury with respect to which such new organize-
above. tion under this policy is also an insured under any
other. applicable liability or indemnity policy or
3. Automatic Coverage-Newly Acquired Organ- would be an insured under any such policy but for
izations (90 Days). The word insured shall in- exhaustion of its limits of liability. The insurance
clude as named insured any organization which is afforded hereby shall terminate ninety days from
acquired or formed by the named insured and the date any such organization is acquired or
over which the named insured maintains owner- formed by the named insured.
ship or majority interest, other than a joint ven-
SECTION II
CONDITIONS
1. Action Against the Company. No action shall lie shall give to the Company or its authorized
against the Company unless: agents, as soon as practicable, written no-
tice containing:
a. there shall have been full compliance with all
of the terms of this policy; and (1) particulars sufficient to identify the in-
sured;
b. the amount of the insured's obligation to
pay shall have been finally determined either (2) reasonably obtainable information with
by judgment against the insured after actual respect to the time, place and circum-
trial or by written agreement of the insured, stances;and
the claimant and the Company.
Any person or organization or the legal representa- (3) names and addresses of the injured
tive thereof who has secured such judgment or and of available witnesses.
written agreement shall thereafter be entitled to
recover under this policy to the extent of insurance b. If claim is made or suit is brought against the
afforded by this policy. No person or organization insured, the insured shall immediately for-
shall have any right under this policy to join the ward to the Company every demand, notice,
Company as a party to any action against the summons or other process received by them
insured to determine the insured's liability nor or their representative.
shall the Company be impleaded by the insured or
their legal representative. Bankruptcy or insolven- c. The insured shall cooperate with the Corn-
cy of the insured or of the insured's estate shall pany, and upon the Company's request, as-
not relieve the Company of its obligations hereun- sist in the following:
der.
(1) making of settlement;
2. Financial Responsibility Laws. This policy may
not be certified as proof of financial responsibility (2) conducting suits;and
under the provisions of any financial responsibility
law. (3) enforcing any right of contribution or
indemnity against any person or organ-
3. Insured's Duties in the Event of Occurrence, ization who may be liable to the in-
Claim or Suit. sured because of injury or damage
with respect to which insurance is of-
a. In the event of an occurrence, the insured forded under this policy.
22
SECTION II
CONDITIONS (cont.)
d. The insured shall attend hearings and trials e. The insured shall not, except at their own
and assist in securing and giving evidence cost, voluntarily make any payment, assume
and obtaining the attendance of witnesses. any obligation or incur any expense other
than for first aid to others at the time of the
accident.
SECTION II
DEFINITIONS
The Definitions Section is an integral part of the policy (3) when the portion of the work out of
and shall be applied as if the definitions appearing were which the injury or damage arises has
included each time the words they define are used in this been put to its intended use by any
policy. person or organization other than an-
other contractor or subcontractor en-
When used in the provisions applicable to Section II of gaged in performing operations for a
this policy (including endorsements forming a part principal as a part of the same project.
hereof):
Operations which may require further service
1. automobile means a land motor vehicle, trailer or or maintenance work, or correction, repair or
semi-trailer designed for travel on public roads replacement because of any defect or defi-
(including any machinery or apparatus attached ciency, but which are otherwise complete,
thereto); shall be deemed completed.
2. bodily injury means bodily injury, sickness or dis- b. does not include bodily injury or property
ease sustained by any person which occurs during damage arising out of:
the policy period, including death at any time re-
sulting therefrom;
(1) operations in connection with the
transportation of property, unless the
3. completed operations hazard: bodily injury or property damage
arises out of a condition in or on a
a. includes bodily injury and property dam- vehicle created by the loading or un-
age arising out of operations or reliance upon loading thereof;or
a representation or warranty made at any
time with respect thereto, but only if the
bodily injury or property damage occurs (2) the existence of tools, uninstalled
after such operations have been completed equipment or abandoned or unused
or abandoned and occurs away from prem- materials,
ises owned by or rented to the named in-
sured. Operations include,materials, parts or 4. commercial automobile means an automobile
equipment furnished in connection there- of the truck type or other automobile designed for
with. Operations shall be deemed completed the transportation of material or merchandise over
at the earliest of the following times: public roads;
(1) when all operations to be performed by 5. contract means any written contract or agree-
or on behalf of the named insured ment wherein the named insured has expressly
under the contract have been com- assumed liability for damages to which this policy
pleted; applies, provided that such liability shall not be
construed as including liability under a warranty of
(2) when all operations to be performed by the fitness or quality of the named insured's
or on behalf of the named insured at products or a warranty that work performed by or
the site of the operations have been on behalf of the insured will be done in a work-
completed;or manlike manner;
23
tt
SECTION II
DEFINITIONS (cont.)
6. insured means each of the following to the extent ed by the named insured or by others trading
set forth below: under the named insured's name, including any
container thereof (other than a vehicle), but
a. if th'e named insured is designated in the named insured's products shall not include a
Declarations as an individual, the person so vending machine or any property other than such
designated but only with respect to the con- container rented to or located for use of others but
duct of a business of which they are the sole not sold;
proprietor, and the spouse of the named
insured with respect to the conduct of such 10. non-owned automobile means an automobile
a business; not owned in whole or in part by, registered in the
name of, hired by, leased by or loaned to the
b. if the'named insured is designated in the named insured, or if the named insured is a
Declarations as a partnership or joint ven- partnership, any partner therein;
ture, the partnership or joint venture so des-
ignated and any partner or member thereof 1 1. occurrence means an accident, including contin-
but only with respect to their liability as such; uous or repeated exposure to conditions, which
results in bodily injury or property damage nei-
c. if the named insured is designated in the ther expected nor intended from the standpoint of
Declarations as other than an individual, the insured and with respect to personal injury,
partnership or joint venture, the organization the commission of an offense, or a series of similar
so designated and any executive officer, or related offenses. This definition shall include
member of the board of trustees, directors or any intentional act by or at the direction of the
governors or stockholder thereof while act- insured which results in bodily injury, if such
ing within the scope of their duties as such; injury arises solely from the use of reasonable
force for the purpose of protecting persons or
d. any employee of the named insured while property;
acting within the scope of their duties as
such; 12. personal injury means injury which arises out of
one or more of the following offenses committed
e. any person or organization while acting as a in the conduct of the named insured's business:
real estate manager for the named insured.
a. false arrest, detention or imprisonment, or
The insurance afforded applies separately to each malicious prosecution;
insured against whom claim is made, or suit is
brought, except with respect to the limit of the b. the publication or utterance of a libel or
Company's liability. slander or of other defamatory or disparaging
material, or a publication or utterance in vio-
This insurance does not apply to bodily injury, lotion of an individual's right of privacy ex-
property damage or personal injury arising out cept publications or utterances in the course
of the conduct of any partnership or joint venture of or related to advertising, broadcasting or
of which the insured is a partner or member and telecasting activities conducted by or on be-
which is not designated in this policy as a named half of the named insured;or
insured;
c. wrongful entry or eviction, or other invasion
7. medical expenses means expenses for necessary of the right of private occupancy;
medical, surgical,x-ray and dental services, includ-
ing prosthetic devices and necessary ambulance, 13. private passenger automobile means a 4-wheel
hospital, professional nursing and funeral services; private passenger or station wagon type automo-
bile;
8. named insured means the person or organization
named in the Declarations of this policy; 14. products hazard includes bodily injury and
property damage arising out of the named in-
9. named insured's products means goods or sured's products or reliance upon a representa-
products manufactured, sold, handled or distribut- tion or warranty made at any time with respect
24
SECTION II
DEFINITIONS (cont.)
thereto, but only if the bodily injury or property above shall not apply;
damage occurs:
15. property damage means:
a. after physical possession of such property
has been relinquished to others;and a. physical injury to or destruction of tangible
property which occurs during the policy peri-
b. away from premises owned by, or rented to od, including the loss of use thereof at any
the named insured. time resulting therefrom;or
However, if the business of the named insured b. loss of use of tangible property which has
includes the selling, handling or distribution of the not been physically injured or destroyed pro-
insured's product for.consumption on premises vided such loss of use is caused by an occur-
owned by or rented to the named insured, part b. rence during the policy period.
SECTION I
AND SECTION II
GENERAL CONDITIONS
The following Conditions apply to Section I and Section ment may be made at the time cancellation is
II except as otherwise indicated. Additional Conditions effected and, if not then made, shall be made as
or modifications of the following Conditions may appear soon as practicable after cancellation becomes ef-
in the specific coverage sections. fective. The Company's check or the check of its
representative mailed or delivered as aforesaid
1. Premium. All premiums for this insurance shall be shall be sufficient tender of any refund of premium
computed in accordance with the Company's due to the insured but payment or tender of un-
rules, rates, rating plans, premiums and minimum earned premium is not a condition of cancellation.
premiums applicable to the insurance afforded
herein. The Company may because of undeclared If the insured fails to make payment of the premi-
exposures or the change in the insured's business urn for this policy or any installment payment,
operation, acquisition or use of locations not whether payable directly to the Company or its
shown in the Declarations require an additional agent or indirectly under any premium finance plan
premium in accordance with the rates, rules and or extension of credit, this policy may be cancelled
forms of the Company iri effect at the time of the by mailing to the insu d writterrnotiee,,stating
change. when, not less th ten days thereafter, such can-
cellation shall be ffective.
2. Cancellation. The named insured may cancel
this policy by mailing to the Company written 3. Policy Period,Territory.
notice stating when thereafter such cancellation
shall be effective. This policy may be cancelled by a. Section I of this policy applies only to loss to
the Company for reasons other than nonpayment property during the policy period while such
of premium by mailing to the named insured and property is within or between the fifty states
mortgagee at the address shown in the policy or of the United States of America and the Dis-
last known a•: -ss, writte• notice ating when, trict of Columbia unless otherwise limited.
not less th n thirty days therea = , such cancella-
tion shall . - - • -- ' -. e mailing or delivery of
notice as aforesaid shall be sufficient proof of no b. Section II of this policy applies only to:
tice.
(1) bodily injury or property damage
In the event of cancellation by the Company, un-
earned premiums shall be computed pro rata. In ry;or
the event of cancellation by the named insured,
the return premium will be based on the Compa- (2) personal injury committed during the
ny's rules for such cancellation. Premium adjust- policy period within the policy territory.
25
SECTION I
AND SECTION II
GENERAL CONDITIONS (cont.)
c. As respects Section II of this policy,the term 6. Assignment. Assignment of interest under this
policy territory means: policy shall not bind the Company until its consent
is endorsed hereon. However, if the named in-
(1) the United States of America, its terri- sured shall die,this insurance shall apply:
tories or possessions,or Canada;
a. to the named insured's legal representa-
(2) international waters or air space, pro- tive, as the named insured, but only while
vided the bodily injury or property acting within the scope of their duties as
damage does not occur in the course such;or
of travel or transportation to or from
any other country,state or nation; b. to the person having temporary custody of
the property of the named insured but only
(3) anywhere in the world with respect to until the appointment and qualification of the
damages because of bodily injury or legal representative.
property damage arising out of a
product which was sold for use or con- Notice of cancellation addressed to the named
sumption within the territory described insured and mailed to the mailing address shown
in paragraph c.(1) above, provided the in the Declarations shall be sufficient notice to
original suit for such damages is effect cancellation of this policy.
brought within such territory;or
7. Subrogation.
(4) anywhere in the world with respect to
bodily injury, property damage or a. In the event of any payment under this poli-
personal injury arising out of the ac- cy, the Company shall be subrogated to all
tivities of any insured permanently the insured's rights of recovery against any
domiciled in the United States of Amer- person or organization and the insured shall
ica, its territories and possessions or execute and deliver instruments and papers
Canada, provided the original suit for and do whatever else is necessary to secure
damages because of any such injury or such rights. The insured shall do nothing
damage is brought within the United after loss to prejudice such rights.
States of America, its territories or pos-
sessions or Canada. Such insurance as b. .The Company shall not be bound to pay any
afforded under this paragraph shall not loss if the insured has impaired any right or
apply: recovery for loss; however, it is agreed that
the insured may:
(a) to bodily injury or property
damages included within the (1) as respects property while on the
completed operations hazard premises of the insured release others
or the products hazard;or in writing from liability for loss prior to
loss, and such release shall not affect
(b) to medical payments coverage. the right of the insured to recover
hereunder;and
4. Time of Inception. To the extent that coverage in
this policy replaces coverage in other policies ter- (2) as respects property in transit, accept
minating Noon Standard Time on the inception such bills of lading, receipts or con-
date of this policy, this policy shall be effective at tracts of transportation as are ordinarily
Noon Standard Time instead of at 12:01 A.M. issued by carriers containing a limita-
(Standard Time). tion as to the value of such goods or
merchandise.
5. Concealment or Fraud. This policy is void if,
whether before or after a loss, any insured has 8. Inspection and Audit. The Company shall be
intentionally concealed or misrepresented any ma- permitted but not obligated to inspect the named
terial fact or circumstance relating to this insur- insured's property and operations at any time.
ance. Neither the Company's right to make inspections
26
SECTION I
AND SECTION II
GENERAL CONDITIONS (cont.)
nor the making thereof nor any report thereon shall as excess insurance over any other valid and col-
constitute an undertaking, on behalf of or for the lectible insurance which would apply in the ab-
benefit of the named insured or others, to deter- sence of this policy, except insurance written spe-
mine or warrant that such property or operations cifically to cover as excess over the limits of
are safe or healthful or are in compliance with any liability applicable to Section II of this policy.
law,rule or regulation.
The insurance provided under Coverage L - Busi-
The Company may examine and audit the named ness Liability with respect to property in the care,
insured's books and records at any time during custody or control of the insured shall also be
the policy period and extensions thereof and with- excess over any valid and collectible property in-
in three years after the final termination of this surance (including any deductible portion thereof)
policy,as far as they relate to the subject matter of available to the insured including but not limited
this insurance. to Fire and Extended Coverage, Builders' Risk Cov-
erage or Installation Risk Coverage.
9. Liberalization Clause. In the event any filing is
submitted to the insurance supervisory authorities 1 1. Insurance Under More Than One Coverage,
on behalf of the Company,and: Part or Endorsement. In the event that more
than one coverage, part or endorsement of this
a. the filing is approved or accepted by the policy insures the same loss, damage or claim, the
insurance authorities to be effective while Company shall not be liable for more than the
this policy is in force or within forty-five days actual loss,or damage sustained by the insured.
prior to its inception; and
12. Replacement of Forms and Endorsements. If
b. the filing includes insurance forms or other the policy period in the Declarations does not indi-
provisions that would extend or broaden this cate a termination date, the policy being issued on
insurance by endorsement or substitution of a continuous basis, the Company may substitute
form,without additional premium; or add forms and endorsements which are author-
ized for its use upon any anniversary date in accor-
the benefit of such extended or broadened insur- dance with rules of its manuals.
ance shall inure to the benefit of the insured as
though the endorsement or substitution of form 13. Waiver or Change of Provisions. The terms of
had been made a part thereof. this insurance shall not be waived, changed or
modified except by endorsement issued to form a
10. Other Insurance. This insurance shall apply only part of this policy.
SECTION I AND SECTION II
WAR RISK, GOVERNMENTAL ACTION
AND NUCLEAR EXCLUSIONS
Section I taining or using military,naval or air forces;
and Section II
b. by military, naval or air forces;or
This policy shall not apply to loss, bodily injury or
property damage caused, directly or indirectly, by or c. by an agent of any such government, power,
due to any act or condition incident to the following: authority or forces;
1. hostile or warlike action in time of peace or war, it being understood that any discharge, explosion
including action in hindering,combating or defend- or use of any weapon of war employing nuclear
ing against an actual, impending or expected at- fission or fusion shall be conclusively presumed to
tack: be such a hostile or warlike action by such a gov-
ernment,power,authority or forces;
a. by any government or sovereign power (de
jure or de facto), or by any authority main- 2. insurrection, rebellion, revolution, civil war,
27
SECTION I AND SECTION II
WAR RISK, GOVERNMENTAL ACTION
AND NUCLEAR EXCLUSIONS (cont.)
usurped power, or action taken by governmental or property damage:
authority in hindering, combating or defending
against such an occurrence, seizure or destruction (1) with respect to which an insured un-
under quarantine or custom's regulations, confis- der this policy is also an insured under
cation by order of any government or public au- a nuclear energy liability policy issued
thority, or risks of contraband or illegal transporta- by Nuclear Energy Liability Insurance
tion or trade. Association, Mutual Atomic Energy Li-
ability Underwriters or Nuclear lnsur-
Section I ance Association of Canada, or would
Only be an insured under any such policy
but for its termination upon exhaustion
1. Nuclear clause: The word "fire" in this policy is of its limit of liability;or
not intended to and does not embrace nuclear
reaction or nuclear radiation or radioactive con- (2) resulting from the hazardous proper-
tamination, all whether controlled or uncontrolled, ties of nuclear material and with re-
and loss by nuclear reaction or nuclear radiation or spect to which:
radioactive contamination is not intended to be
and is not insured against by this policy, whether (a) any person or organization is re-
such loss be direct or indirect, proximate or re-
quired to maintain financial pro-
mote, or be in whole or in part caused by, contrib-
tection pursuant to the Atomic
uted to, or aggravated by "fire" or any other Perils Energy Act of 1954, or any law
Insured by this policy. However, subject to the
amendatory thereof;or
foregoing and all provisions of this policy, direct
loss by "fire" resulting from nuclear reaction or
nuclear radiation or radioactive contamination is (b) the insured is or, had this policy
insured against by this policy.
not been issued, would be enti-
tied to indemnity from the United
2. Nuclear clause (applicable only in New York): This States of America, or any agency
policy does not cover loss or damage caused by thereof, under any agreement en
nuclear reaction or nuclear radiation or radioactive tered into by the United States of
contamination, all whether directly or indirectly America, or any agency thereof,
resulting from an insured peril under this policy. with any person or organization;
3. Nuclear exclusion: Loss by nuclear reaction, radia b. under any Medical Payments Coverage, or
tion or radioactive contamination, all whether con under any Supplementary Payments provi
trolled or uncontrolled, or due to any act or condi-
tion incident to any of the foregoing is not insured with respect to bodily injury resulting from
against by this policy, whether such loss be direct the hazardous properties of nuclear ma
or indirect, proximate or remote, or be in whole or terial and arising out of the operation of a
in part caused by, contributed to, or aggravated by nuclear facility by any person or organiza
any of the Perils Insured by this policy; and nuclear tion;
reaction or nuclear radiation or radioactive con-
tamination, all whether controlled or uncontrolled, c. under any Liability Coverage to bodily injury
is not "explosion" or "smoke". This clause ap- or property damage resulting from the haz-
plies to all Perils Insured hereunder except the ardous properties of nuclear material, if:
perils of fire and lightning, which are otherwise
provided for in the nuclear clause above. (1) the nuclear material:
Section II (a) is at any nuclear facility owned
Only by, or operated by or on behalf of
an insured; or
1. The policy does not apply:
(b) has been discharged or dispersed
a. under any Liability Coverage to bodily injury therefrom;
28
SECTION I AND SECTION II
WAR RISK, GOVERNMENTAL ACTION
AND NUCLEAR EXCLUSIONS (cont.)
(2) the nuclear material is contained in (2) resulting from the operation by any per-
spent fuel or waste at any time pos- son or organization of any nuclear fa-
sessed, handled, used, processed, cility included within the definition of
stored, transported or disposed of by nuclear facility under paragraph(1)or
or on behalf of an insured;or (2)thereof;
(3) the bodily injury or property damage f. "nuclear facility" means:
arises out of the furnishing by an in-
sured of services, materials, parts or (1) any nuclear reactor;
equipment in connection with the plan-
ning, construction, maintenance, oper- (2) any equipment or device designed or
ation or use of any nuclear facility, used for:
but if such facility is located within the
United States of America, its territories (a) separating the isotopes of urani-
or possessions or Canada, this exclu- urn or plutonium;
sion c. applies only to property dam-
age to such nuclear facility and any (b) processing or utilizing spent fuel;
property thereat. or
(c) handling, processing or packag-
2. As used in this exclusion: ing waste;
a. "hazardous properties" include radioac- (3) any equipment or device used for the
tive,toxic or explosive properties; processing, fabrication or alloying of
special nuclear material if at the time
b. "nuclear material" means source materi- the total amount of such material in the
al, special nuclear material or byproduct custody of the insured at the premises
material; where such equipment or device is lo-
cated consists of or contains more than
c. "source material", "special nuclear ma- 25 grams of plutonium or uranium 233
terial", and "byproduct material" have or any combination thereof, or more
the meanings given them in the Atomic Ener than 250 grams of uranium 235;
gy Act of 1954 or in any law amendatory
thereof; (4) any structure, basin, excavation, prem-
ises or place prepared or used for the
storage or disposal of waste;
d. "spent fuel" means any fuel element or fuel
component, solid or liquid, which has been and includes the site on which any of the
used or exposed to radiation in a nuclear foregoing is located, all operations conduct-
reactor; ed on such site and all premises used for
such operations;
e. "waste" means any waste material:
g. "nuclear reactor" means any apparatus
(1) containing byproduct material other designed or used to sustain nuclear fission in
than the tailings or wastes produced by a self-supporting chain reaction or to contain
the extraction or concentration of ura- a critical mass of fissionable material;
nium or thorium from any ore pro-
cessed primarily for its source materi- h. "property damage" includes all forms of
al content; and radioactive contamination of property.
29
IN WITNESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be valid
unless countersigned by the duly authorized Agent of this Company at the agency hereinbefore mentioned.
a;t4-71e- --a). /AI-Jaa/t44*".
Secretary President
The Board of Directors, in accordance with Article VI(c),of this Company's Articles of Incorporation, may from time to
time distribute equitably to the holders of the participating policies issued by said Company such sums out of its
earnings as in its judgment is proper.
30
DECLARATIONS
We will provide the insurance described in this BUSINESS POLICY—SPECIAL FORM 3 """"'"
456''� policy in return for the premium and compliance Coverage afforded by this policy is provided by
INSURANC
with all applicable provisions of this policy. STATE FARM FIRE AND CASUALTY COMPANY
POLICY NO . 90-72-97 PO BOX 11809 , SANTA ANA CA 92711
REPL POL# a Stock Company with Home Offices in Bloomington, Illinois. 8453 BB
Named Insured and Mailing Address
CLAP P. JACK s 1
DBA JACKS BEACH CONSESSION
1210 MAIN ST INFLATION COVERAGE INDEXES—U. S .
HUNTINGTON BEACH CA 92648 DEPARTMENTS OF COMMERCE/LABOR.
COVERAGE A—CONSTRUCTION COST: 154. 2
C)VERAGF CONSUMER PRICE 302 S
Automatic Renewal — If the Policy Period is shown
THE POL ICY PER I OD BEG INS AND ENDS AT 12 01 AM as 12 months, this policy will be renewed auto-
STANDARD TIME AT THE BUILDING LOCATIONS matically subject to the premiums, rules and forms
1 0-8-83 : EFFECTIVE DATE in effect for each succeeding policy period. If this
1 ?. MONTHS POLICY PERIOD policy is terminated, we will give you and the
Mortgagee/Lienholder written notice in compliance
10—8—84 EXPIRATION OF POLICY PERIOD with the policy provisions or as required by law.
_LIMITS OF LIABBILITY PROPERTY & COVERAGES OCCUPANCY :MERCANTILE SERVICE
SECTION I
$ 94 , 000 A BUILDINGS
$ 13 , 000 B BUSINESS PERSONAL
PROPERTY
$ ACTUAL LOSS C LOSS OF INCOME
SECTION II
$1 000000 L BUSINESS LIABILITY
M MEDICAL PAYMENTS APPROVED AS TO FORMt'. ;
$ 5 , 000 (EACH PERSON)
25 , 000 (EACH ACCIDENT) GAIL MUTTON
City Attorney
DEDUCTIBLES—SECTION I IN CASE OF LOSS
$ 100 BASIC UNDER THIS POLICY .
WE COVER ONLY THAT
�
Deputv Cl. W®s'ttet
PART OF THE LOSS
OTHER DEDUCTIBLES MAY OVER THE DEDUCTIBLE
APPLY—REFER TO POLICY STATED .
FORMS, OPTIONS & ENDORSEMENTS
_FP-8153 SPECIAL FORM 3 FE-8332 MONEY/SEC
FE-8375 POLICY END FE-8402 ADDL INSDS END
FE-8369 TRANS AMEN END
ADDITIONAL INSURED ITOTAL PREMIUM
CITY OF HUNTINGTON BEACH I $ 526 . 00
2000 MAIN ST
HUNTINGTON BEACH CA 92648
ATTN : MAX BOWMAN
Countersigned /5 19
n Your policy
consists of els page, oge endorsements )
and the policy form. Keep these together. (�{f .
rurronoetuniuts nr iticIIDerurr by
'L
•
•
•
w���/�} 'ertificate of Insuranc •
i IVY IV THIS CERTIFICATE IS ISSUti AS A MATTER OF INFORMATION ONLY AND CONFERS .,u RIGHTS UPON THE CERTIFICATE HOLDER.
J
�+w THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES
SOUTH SHORES INS AGENCY INC
19 010 BROOKHURST ST COMPANY n
HUNTINGTON BEACH, CA 92646 LETTER /1 INSURANCE CO OF NORTH A R
COMPANY B
LETTER
NAME AND ADDRESS OF INSURED w
COMPANY (V_
LETTER
JACK K. ' CLAPP DBA
DWIGHTS BEACH CONCESSION & COMPANY D
LETTER
JACKS BEACH CONCESSION
1210 MAIN ST COMPANY E
LETTER
Th i' .' - .•I'i es: -Sd •list.:-loud • - issued to the insured named above and are in force at this time. 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.
COMPANY POLICY Limits of Liability in Thousands($$0)
LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
�[ BODILY INJURY $ $
A I `i-COMPREHENSIVE FORM GLP G04613053 8/20/84
❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $
El EXPLOSION AND COLLAPSE
HAZARD
❑ UNDERGROUND HAZARD
❑ PRODUCTS/COMPLETED APPROVED AS TO FORM
OPERATIONS HAZARD BODILY INJURY AND
❑CONTRACTUAL INSURANCE GAIL H TTON PROPERTY DAMAGE $ $
ElBROAIDAGE FORM PROPERTY city f t or y COMBINED 500, 5 0 0,
❑ INDEPENDENT CONTRACTORS
❑ PERSONAL INJURY PERSONAL INJURY $
AUTOMOBILE LIABILITY Deputy C ty At orn: BODILY INJURY $
(EACH PERSON)
❑ COMPREHENSIVE FORM BODILY INJURY $
A ❑ OWNED GLP G04613053 8/20/84 (EACH ACCIDENT)
glPROPERTY DAMAGE $
HIRED
® NON-OWNED BODILY INJURY AND $ 5 0 0 ,
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
A ® UMBRELLA FORM XBC154879 8/20/84 PROPERTY DAMAGE 1 ,000, $1 ,000,
❑ OTHER THAN UMBRELLA COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
A and NWC C18971288 4/1/84 $ 100,
EMPLOYERS'LIABILITY
(EACH ACCIDENT)
* OTHER
A FIRE INSURANCE PRO F00456160 8/20/84
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
PACIFIC COAST HWY AT HUNTINGTON BEACH PIER - BUILDING $92 , 000 . 00-FIRE INSURAN•
PACIFIC COAST HWY AT HUNTINGTON AVE. - BUILDING $92 , 000 . 00 . -FIRE INSURANCE
HUNTINGTON BEACH, CALIFORNIA
ADDITIONAL INSURED - ITY • H N N TON BEACH.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will>mitcxx to mail _10 days written notice to the below named certifcc holder, Dip4AddOTe{hi
Mall NNIMiTeXXXlM1?ICL/tXXXXXXX XXXMXXX*XXXXkXXXXXX xamplm
NAME AND ADDRESS OF CERTIFICATE HOLDER:
CITY OF HUNTINGTON BEACH DATE ISSUED:
ACCTING & RECORDS DIVISION / / Al
PO BOX 190
/ —
HUNTINGTON BEACH, CA 92648 AU ORIZED ' PRESENTATIVE
ACORD 25(1-79)
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REQUE) 1. FOR CITY COUNC.... ACTION
Date April 7 , 1983
CIL
Submitted to: The Honorable Mayor and City Council V� BBY STY GO
Submitted by: Charles W. Thompson, City Administrat r /
vfi IG L R
Prepared by: Vincent G. Moorhouse, Director, Communi Servic- crry
Dan Brennan, Real Property Manager �M� ��
Subject: Amendment to Beach Concession Lease Age s -- Jack' s
and Dwight ' s
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: AL.,
STATEMENT OF ISSUE
The lessee for Jack' s and Dwight ' s beach concessions has requested
permission to operate video game machines on the leased premises .
RECOMMENDATION
Approve the attached Amendments to Lease Agreements for Jack' s and
Dwight ' s beach concessions and authorize the Mayor to execute same .
ANALYSIS
In an effort to bring in additional revenue both to the lessee and
the city , beach concessionaire Jack Clapp has proposed the operation
of video game machines on the leased premises of Jack' s and Dwight ' s .
This activity would be in addition to the sale of food, beverages
and sundry items . The lessee will pay the city $100 per year per
machine as well as an annual business license fee for each machine.
For each calendar year after 1983 that the machines are in operation,
the rental amount per machine will be renegotiated by the city and
the lessee . The City Attorney has prepared an amendment to the
current lease agreement to permit the operation of video game machines
on the leased premises .
FUNDING SOURCE
None .
ALTERNATIVE ACTIONS
Deny the use of video game machines at the beach concessions .
ATTACHMENTS
Amendment to Lease Agreement - Jack' s
Amendment to Lease Agreement - Dwight ' s
VGM:cs
PIO 4/81
•
City of Huntington Beach
o) .P.O. BOX 190 CALIFORNIA 92648
OFFICE OF THE CITY ADMINISTRATOR
November 24, 1980
Mr. Jack Clapp
1210 Main Street
Huntington Beach, California 92648
Re: Lease Premises - "Jack' s" (Beach concession)
Dear Mr . Clapp :
Pursuant to the conversation held on November 21 , 1980 by and
between yourself and representatives of the city it is agreed and
understood that the production of foods for distribution off the
leased premises have abated and production at such location will
not be resumed in the future .
We accept your explanation that you have misunderstood the require-
ments of the lease regarding use of the premises and, therefore ,
the breach of the lease which the city feels has occurred is to be
excused.
Excuse of the breached conditions by the city shall not be construed
as a waiver of any future breach of the lease by the city . You by
endorsement of this letteV connote your agreement with its contents .
Please return a copy of this letter with your signature at the
space provided below for your signature .
Sincerely yours ,
.034.02,4V Ootm-ae°
Frank B . . Arguello D E p�
Acting City Administrator U 2
BA :WSA:bb .,: ;N +0 , 5
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Contents Noted : /(,G %7/) TRATIVF �FFICE�H
J' A CLA ,v
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Telephone (714) 536-5201
in CITY OF HUNTINGTON BEACH
2000 MAIN STREET
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 19, 1983
Jack K. Clapp
dba Dwight's Beach Concession .&
Jack's Beach Concession
1210 Main Street
Huntington Beach, CA. 92648
The City Council of the City of Huntington Beach at its regular
meeting held Monday, April 18, 1983, approved Amendments To
Lease Agreements for Jack's and Dwight's Beach Concessions.
Enclosed are duly executed copies ofsaid agreement for your
records.
Alicia M. Wentworth
City Clerk
AMW:CB:bt
Enc.
CC: Vince.Moorhouse, Community Services Director
O. C. Assessor's Office
(Telephone:714536.5227)
in CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 19,: 1983
0. C. Assessor's Office
P. 0. Box 149
Santa Ana, CA. 92702
Attn: Real Property Dept.
Enclosed is a copy of Amendments to Lease Agreement for Jack's
and Dwight's Beach Concession on City owned property which were
approved by the City Council of the City of Huntington Beach
on April 18, 1983
If you have any questions, please call the Office of the City
Clerk at 536-5227. :
Alicia M. Wentworth
City Clerk
AMW:CB:bt
Enc.
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(Telephone:714-536-5227)
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SOUTH SHORES INS AGENCY INC ,ram r�t371? G COtF_=.[t".- ,1/9 +r
a 19010 BROOKHURST ST
HUNTINGTON BEACH,CA 92646 INS CO OF NORTH AMERICA 4///e•C
-4 JACK K. . CLAPP DBA
.
a DWIGHTS BEACH CONCESSION & , . n
JACKS BEACH CONCESSION I _'_
• 1210 MAIN ST j ;-
. _HUNTINGTON BEACH,CA . 92648_.__ . ._._
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AIL HUTTON
;'ity Att ,ney
By: . ,-- .
' Deputy City Attorney
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FIRE INSURANCE RO F00456160 8/20/83
• Pacific Coast Hwy at Huntington Beach Pier - Building $90 , 000 . 00
Pacific Coast Hwy at Huntington Ave - Building $90 , 000 . 00
Huntington Beach, CAlifornia
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CITY OF HUNTINGTON BEACH •
1/19/83
ACCT & RECORDS DIVISION
PO BOX 190 AHUNTINGTON BEACH,CA ( 2648 /
• ATTN: ROBERT SEDLAK
�1 THIS REPLACES F:ZEVIOUS CERTIFICATE DATED 8/13/82
• L' ...! SOUTH SHORES INS AGENCY INC
Qa 19010 BROOKHURST ST a
• . HUNTINGTON BEACH,CA 92646 •
I' INS CO OF NORTH AMERICA
•
• :. 1 JACK K. CLAPP DBA _ _
•
`'+; • DWIGHTS BEACH CONCESSION &, ,
4 ,::' ,JACKS BEACH CONCESSION �`''
1210 MAIN ST
• HUNTINGTON BEACH,CA 92648 I �' . `
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r City Atyt.orrc'y.
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'' Pacific Coast Hwy at Huntington Avenue Deputy City Attorney
• • Huntington Beach, Calif •
•
Additional Insured: City of Huntington Beach
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CITY OF HUNTINGTON BEACH. 8/26/82
RISK MANAGER
}'"y PO BOX 711 '/ ---/ ' j(�� 1
'', I HUNTINGTON BEACH,CA 92648 • '••
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HOLD HARMLESS AGREEMENT
(to be executed by insured)
The insured * •
agrees to protect,defend,indemnify,
officers, agents, and employees against any liability, loss,damage,cos oraexpense bytleasonve,and hold lof any and all liabilitess the City of y,tsuritss,clain Beach•
ts
demands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising
•out of or in consequence of the performance of all for any.op ations,or activity for which this certificate of insurance is furnished.
(1)Sole Proprietorship (2)Partnership (3)Corpo ati z.f, p r Weather(state)
HOLD HARMLESS SIGNED: By `,/fit 'L,( r t •
Insured: t / J f /�
_. � � • L. / Title [�C�'/iIt—j`.
(All names shall be printed or typed By Insured: ' y Y//
below each signature.) Title
• If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation.
I tulun,Unpmal and copy •✓, r Y1..
com;dotnd certificate to: CERTIFICATE OF INSURANCE 'Approved as to Form: l)(i, 0.),
City nl liumfnptnn Beach TO - Gail Hutton,City Attorne t •''i
Coy ARo,ivy• y��.c J.1
•
• P.nl Mix no CITY OF HUNTINGTON i1EACH,CALIFORNIA C1.-------.
Huntington Beach,CA 92648 By:
Copy to Risk Manager alter approval A MUNICIPAL CORPORATION
•
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and aro in force
at this time. I)these policies are cancelled or changed in such a mannor that will affect this certificate,the insurance company agrees
to give 10 days'prior written notice,by mail,to City of Huntington Beach P.O.Box 711,Huntington Beach,California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
. AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured JACK K. CLAPP DBA DWIGHTS BEACH CONCESSION & JACKS BEACH CONCESSION
Address of Insured PCH AT HUNTINGTON BEACH PIER & PCH AT HUNTINGTON AVE, HNTINGTN BCH
Location of Work or Operations to be performed
Description of Work or Operations
. POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY
.. POLICIES IN FORCE - POLICY NO. (INS.)
Effective Expiration In Thousands(000)
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GENERAL LIABILITY
•
I"1 COMPREHENSIVE FORM GLPG02259 8/20/82 8/20/83 $ sn0 n00 CSL Ins Co of• No Amer:
I I PREMISES-OPERATIONS 28B Each Occurs nee
. I I EXPLOSION AND __
•
COLLAPSE HAZARD I.
• I UNDERGROUND HAZARD `•`•"•
II PRODUCTS COMPLETED \ '• OPERATIONS HAZARD (1)��.1• \J- •
, I I CONTRACTUALsP"��o{; �.}fiINSURANCE (r"["+.. • I I BROAD FORM ,• /���.^'v 195�C_H..'�I)
PROPERTY DAMAGEI INDEPENDENT f1•�:10:
CONTRACTORSr7t/ISUP,(•(� ��I I PERSONAL INJURY I FICE '\��
AUTOMOBILE LIABILITY •
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I I COMPREHENSIVE FORM •
•
f 1 OWNED
IX HIRED $ 500,000. CSL Ins. Co of NOAmeri[
IN NON-OWNED•
G0225928B 8/20/82 8/20/83 Each Occurance
EXCESS LIABILITY •
IX UMBRELLA FORM . XBC154705 8/20/82 8/20/83
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OTHER THAN $ 1,000,000. Ins Co of No Amer:
UMBRELLA FORM .
WORKERS'COMPENSATION • .
and NWCC18971288
., • EMPLOYERS'LIABILITY 4/1/82 4/1/83 Ins Co of No Ameri
• Additional Insured Endorsement:
•
. The insurer agrees that the City of Huntington Beach and its City Council,and/or all City Council appointed groups,committees,
• commissions;boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the
City of Huntington Beach,when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall
• be primary to any insurance of the City of Huntington Beach,as their interest may appear.
Date 8/13/82 AUTHORIZED P (NTATI E OF INSURANCE COMPANY
INSURANCE COMPANY INA `' (CAC—C> /,7,—!
•
By
Name `SOUTH SHORES INS AGENCY INC
Address 19010 BROOKHURST ST
Address 19010 BROOKHURST ST
city HUNTINGTON BEACH,CA' 92646 City
HUNTINGTON BEACH,CA 92646
_.. `-._ Telephone 714 963-5.647
•
HOLD HARMLESS AGREEMENT
• (to be executed by insured)
The insured " ,agrees to protect,defend,indemnify,save,and hold harmless the City of Huntington Beach its
•
officers, agents, and employees against any liability, loss,damage,cost,or expense by reason of any and all liability, suits,claims,
• ;Iemands,judgments and causes of action caused by insured,his employees,agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all)or a y op ations or activity for which this certificate of insurance is furnished.
•Ill Sole Proprietorship (2)Partnership (31 Corpo�ati p 141 that(state)
HOLD HARMLESS SIGNED: By Insured: �• �:'��f •i / ✓�t Title ��
/
L /� G G�i Fly
•
• IAII names shall be printed or typed By Insured: Title
. bolow each signature.) - / •
If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation.
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hd NAME AND +GDI{[ Or,AGENCY. /f
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COS"PAa! t.'_.AI"ft?R[�IF:G COYE�2A+.:cti C �� .:
t l' SOUTH SHORES INS AGENCY. .INC
` 19014 BROOKHURST ST — —
nral,Ard'r
';f:', HUNTINGTON BEACH,CA 92646
:rnER t INS CO OF NO AMERICA
'ty COMPANY'
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•
JACK K. CLAPP DBA r t TER '°
F i; DWIGHTS BEACH CONCESSION AND r,oMPAtJr ''p '
- 1 JACKS BEACH CONCESSION. LTTEP '•
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Er COMPANY r"
.-,� LETTER cam
•�L HUNTINGTON _BEACH_ CA _ •
''Vil This is to certify than rioiicies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,—term or condition.
Ati of any:;::-.tract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by tee pnl"':'s Hesrrihrri h--oin is subject to a"the'
(P d
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1 DES;1N1+'I!LJ OFOPERAEIONS,LOC.,, 5,ANIJL;I^Lro . \`
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try PACIFIC COAST HWY AT HUNTINGTON BEACH PIER _
PACIFIC COAST HWY AT HUNTINGTON AVE MAY 18 ;ss i t •• 1
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------HUNTINGTON-BEACH,CALIFORNIA — _ —.__._ _ . . y ;
1 Cancellation: Should L)rly of the 1?^," (Irds" ' ed policies be canceli d ),1i•,yr;, ihb' exUII'"lilr)rl ri. • 'I ;,. ,1 i ,,. coy.:_
t` pi-Any '.:III endeavor to r) ,II 10 d tV; written notice to ,he F)elrn rl I led Celli . ,?,TEZE SU. ,OFFic5i.,
�,f, ,•9 mail such notice ch. Il inipo.3.'n( r,.ii .a`iort or iiabillt., of ,rl• kind upon tho c c+rnp�.Jn•y. `
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i .,.,: CITY OF HUNTINGTON BEACH .• '[ ..,•,,Jr.D _ .-_._-- _-- -----.5/11/81-- -----.---...--__—_--
RECREATION,PARKS' & HUMAN SERVICES DEPT
PO BOX 190
!� .trt�
" ;�;y HUNTINGTON BEACH,CA 92648 :.'. ;.r•'.::
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-'„ - SOUTH SHORES INS AGENCY INC COMPANIES AFEU[�De(�G COVERAGES (/i
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: 19 010 BROOKHURST S
• COWAN Y
' ' HUNTINGTON BEACH,CA 92646 LETTER A INSURANCE CO OF NO AMERICA
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�t` COMPANY
r' "`� LETTER
• NAME AND ADDRESS Of INSURE[, ',,,�
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JACK K. CLAPP DBA L E M IE P NY
^••*` DWIGHTS BEACH CONCESSION & — — — — —
:, t .,k COMPANY p �j
`" JACKS BEACH CONCESSION LETTER )
• ..N
•
r4 1210 MAIN ST, HUNTINGTON BEACH,CA COMPANY •
.; �,- • LETTER
This is to certify that policies of insurance listed below haw,l-i' c issued to the insured named above and are in p.,:,c r,t tr.,s tire. I;;;•.,iih '. &^y ry; .•rr,•3•I'•.,:erm cx c,::
:.'i , of any .contract or other document„Ith r•scect to which this certificate may be issued or may pertain,the ins':irance af'r.rie'l oy ti'^r. r1n cribur -.,.-rein Is sub,e rc,l:'
r-ifl-i7;ii terms,•exclusions and conditions of such policies.
Limits of Liability in Thousands(U�1Jj
• :;or.PA`.,' POLICY ..-._— -- _--
'x;i TYPE C INS ^ANCr POLICY NUMBER • t 1OCCURRENCE,.AC'+
LE TT('. L'.E'IRATION I-�i,r: A,,!;VE:;`T
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Ei EXPLOSION AN, 'Or ;E ♦I �J
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;...;,� -Li UtJgRELLn FOOD F'POPERIY Dnrr'Gr .f
L OTri I:1 HAN Ur.+B't,Lt d I o
�7 Lt:sy COMBINED
mF`N7, •EORM • .
77,
',';O,�Xt'. COF�1 SAT CfPJ r rl t)R �a�e'a,. �}i t ,?•:
A and NWC C18971288 4/1/83 x,
x
.:a rr;r-' ,'LRS'!id\3'L E � 'L ' 100,
:r {Tl''
C`L f •
s`: DE.CRIPI ION OF O Er '�IION,ILOCAT,I.NSNLHICLF.S ._._�. _L.,....a_..L.r...._..�_..__. .. ...._ , .. .. ./• 't \ ✓'r ..he , _.. ` '
PACIFIC COAST HWY AT HUNTINGTON BEACH PIER & I �; � ��'sV, •,
ak PACIFIC COAST HWY AT HUNPINGTON AVE. • �`�" - ,'
i HUNTINGTON BEACH,CA LIF • _
c } b:)ve. descib 1 policies be cancel..., _'1•,..n lte .i, ,,,,j
1Cel�3tl 1: •S�? !'1 any of the ,1 n� i �' C6a I '.l! :'jti
r t• , I)ary iI XXXXXXXto ll�ail _LQ C— )v; written n'..,_ tr. T' 'rif . Il ',•f z I XXXXY,X,L1
o: _. _ I.
+',,,n [ANDA;FPi'ssorCr TIrvr-A:;.'lotDMR: •
a; = 1 3/29/82
at CITY OF HUNTINGTON, BEACH OA1F r,:ill if. -.--_--
..1 PO BOX 711 •
G —
:: HUNTINGTON BEACH,CA 92648 i
i
r4ry
, l AUI IIC,R,L Ef", RE F HESE N rt•,1!ml
• -
„ AT TN:: WARREN G. HALL
' 3
.
{l▪,m 9TM '4:M ^3i•At „k 3 i...o" s-eiuum ; ••
` } e . �4� tl. : - c � - " � -5' .{ 1 te < rt
.
p ': M ',8a4 L ,.9 , ,4, aV -,{f°4.5* ,,' 41al, ;_ N ` °: v; l.: t W.__fat :ti
'
;- : � +tif Wi,. aEill 3io r 1,4 'St A � ° tt .,v °� c .1d° 1.J.j° 5 2� L5 ?Asia 7i f �.K , r +
.'`ME AND ADDRESS OF AGENCY 1/9.-•alt 1.124-M';
:T SOUTH SHORES INS AGENCY INC �oa�Pn--- AFFORDING- --- --- COVERAGES
:: 19010 BROOKHURST ST coMPANY
LETTER INS CO OF NO AMERICA.� �
`h HUNTINGTON BEACH,CA 92646
'.'9 ) PhNYB / �— :1Y
• 1 • ILTILR - -
`„• NAME AND ADDRC",S OF INSURED
=:.,fit COMPANY r .
_:.,`' JACK K CLAPP. •DBA I I TTCH -
DWIGHTS BEACH CONCESSION & JACKS BEACH CONCESS '01r`�ti,,,ANY D'a
-.3' 1210 MAIN ST LEIIE:R
•• `-. HUNTINGTON BEACH,CA 92648 c2 — — — — — —
„`_u{ LETTER E:M •
This i; ,;to rtify that pcli,:,-s of'u o •an', ce IL.tcd below n ,'nave been issued to the insured named above and are in force at this time Nctw;thstandii, ;ny requiren-irtore,lt.tor , Eire 1io-
_';;;, of any contract or other d"current r ith no pact to which this certificate may be issued or.may pertain,the il::.urenr.e;;hor dad by the pot cies described 11,.r_In,s su::iect to all tr
terms,exclusions and conditions of such policies.
r„ Co:1PAr,Y r ' icy -Limits of Liability in Tl o satins lt/ 10)
LETIER l 1..rPF_OF Ir:S URA`. F'OIJ YNL1r.:bE1' Er,•,EA'..,N r'-:! I .. - - --j— [AL I' I. Sr+;:,.
GENERAL LIABILITY 1
A i•iXi coMl'I -wE IDPM , GLPG0225928A 8/20/82 I i
'{ D, I 2E.a' �OPERA T lO f.°, • � •'l��E; 1 I
•l'°:`3 In] I XPLOI,;oe AND COLF.r,<;1" l
..1. I I A AA'.'D
L_� r',nr' ••,If:D Ian/n.,D
' I
,.a
I I j ;,_.,,nUc.TS COMP:ETU:). - I .
3o�y UPI I AL TONS HAZAR •I v IL IiiY
L_!CONI I . IUAL INSU"ANCE it PE Rl,DA4•:.,,r f
:=;f •rj TzPOAD FORM (GF .ROPER;•: - ' I COMHINrD 500, • 500,
.:J:
-t,:1 1'r- INUFP!•Pfr:r CON FR.0 ORE • ---------'---._._._-- -------------_.
IAUTOMOBILE LIABILITY' P.:1II{,r1JLPl , „ I ▪ y -.
a •
I E A:II;FilS;,' I r..
?E i{.1 ,,,runt—i.iF^;i bF IORl.1 PG1311Y INJ1J0. I -8'.F i'Rsy%' ,
a I ri uvrN IEAGI, C,r.10.�. t ,YY
1- t � . ,:
GLPG0225928A • 8/20/82
I
° i
'E10l1t•r II•0 i, WPk A IIx.] Nr).. _ r,orr r; ,,, - : "A
. n:,7,r,1 , 500f i~ •'r
EXCESS LIABILIi'7'
. µT G( DII• rl qJP• '.D
.
•
' '. A !xi uME31:1;,=, tern1 XBC154705 8/20/82 Prror,ERrYE, r , 1,000, s1,000,
oM,,r_ i 1
roRrr C
---- --- ----- - -
r
2.
4Y'ORKERS'COMPENSATIrM , f /. \N W ,„ r ▪f j z,
I I " � ' • '_
a . ' `e. Js5: ` G � y ' may
Erf .tEf;'LIABILITY L,—.
7 A FIRE INSURANCE* PROF00456160 1I 8/20/82 1 �• — PU��,. 1'
I
r
c DESCRIPTION OF OPER1 IONS/L0c:ATIOt:,NEHICLES
*DWIGHTS BEACH CONCESSION,PACIFIC COAST HWY, AT HUNTINGTON BEACH PIER,HB — O. �i\ `
;,_
r`>> *JACKS BEACH CONCESSION,PACIFIC COAST HWY. AT HUNTINGTON AVE — $70,000. 11' _. \ \`°
•��ADDITIDNAL--INSURED — CITY OF HUNTINGTON BEACH) 2100 MAIN SI, HUNTINGTON BEACH,CA 92648
;i
CartceHation: Should any ei the above described policies be l.cellr ' Fr:,t„I . lit Ir1tiC'n :Itr. '. -e,cof, ,h. ;trill_, :1-
pang `,:ill endeavor to mail .10__ days `.vritler) notice t,• ,sir, l,c',.",;`: rl,)r,ed cerllflc-.' , Ilo'efer. , foils-;r- 'o
-d mail such notice shall Imoose no obligation or I„ hill-f of:. - !; n<i upon
ill 'emp.:)ny
'afi
8/12/81
N..sr.AND'DODF Sq,N r'E ICI,i ICAI E!To'DER
+.4 I CITY -OF HUNTINGTON BEACH j E. ;;•,;,
, TO BOX 711 I �. - I/ . .
` ; HUNTINGTON BEACH,CA 92648
:'• ATTENTION: RISK MANAGER I '
-;r,0-5 'e) .
DWIGHTS BEACH CONCESSION & JACKS BEACH CONCE SS3 ONNIPANY
llfr
IIAZAFID
WiomoeusuxaunY
,^wry .�w *c ''�w v '
. . . . . `
�
� r G/20/82
� A ��{ ` � ,,o GLPCO225928A
| / 5O0
F-- '
' �--�xnc u���� `
' . /
� - --
. A n'y 1X8C154705 ! 8/20/82 ` 1,000, ;L 000
(r
`
` --
' & FIRE INSURANCE* PR0F0045
`
^--
*JACKS0.
BEACH CvnCcSSIun,rm-IrIC COAST nn,, AT nom|ImG|Vm 8VE,MU - 570,000. �
'�»DITIUNfL..INSURED: CI UNTINCTON BEACH, 2100 MAIN 5T, HUNTINGT0N 8EACH,C8- 92640 _
C*noc||rah"n:
' n,`v ' .; ..r|.` ,vc' o '' lU ' `� � , v :n '.
/
' .
� G/l2/8l
' CITY OF HUNTINGTON BEACH
PO 8O% 711
HUNTINGT0N DEACH,CA 92648
|
8TTENTION: RISK. MANAGER i
•
'l�'..r: i y:.'LY..-. ._(., ., &:. .r + • 'l. r
.-� 3 t I ' f" , c. +iN = ?it '�'''' { � r
f . ! j CERT IS ISS A M + - P „rti '' t I• .i firr IA .i 'k't.* ' • ' .;r „I , rI la 1. 0 01):'g Ir 1,t I tI ! }77..'. ..I+ i / S
,L.�C :-
i � ---- I COMPANIES AFFORDING COVERAGES / "41/211-
,
SOUTH SHORES INS AGENCY INC !� 1----
19010 BROOKHURST ST rx,r+PAN,
( HUNTINGTON 92646 tiiTER
BEACH,CA __— INS CO OF NO AMERICA / _, '+e •
p,p /�
z.
• NAME AND ADDRESS C'F INS''REi,
•
JACK K CLAPP DBA 1111"Y C
DWIGHTS BEACH CONCESSION & JACKS BEACH CONCESS ON,,
ANY D
TIER1210
I HUNTINGTON BEACH,CA 92648
This is to octit�ttt't t lli 'rs of ir' ,.. :-c7.0 ii to LLt'c n. .( 44, r, +nItrt.c1 above am ,c,i t ..r r 3', t +:- aI r 1r,y
( v
of anv contract or c :r docu mer l v;Ith IC`,aio i h::'' , t,fir ',,r'-•'^ + r ; F.rl in tit,,, , .n•. ,,,r.- r ,rWc1 h«_'.n is ,!.D : 1 . .t
t 'a ' 'terms, 'sclusionc and conditions of such policies.
,:OMfANY I I Limits of Lr.r.'t4•v in Thousands to
'r F;Of N' !'.'ONr4. , P u r„ . ._ ._.. _._
ETItFt iKP!u+t, J Iv.t A'." T C,CPI(, ':
— r-- — I OCCUPliEN. c
GENERAL LIABILITY I — — — r -- — {
I nODILY IN lot,' 3 $
v A (Xd COMFRLHLNS!VF FORM GLPG0225928A 8/20/82
. Nb
Li PREMISES--OPERATIONS PROPERTY DAMAGE 1 P •
',�{ ❑EXPLOSION AND COLLAPSE.
' HAZARD ••
4 El UNDERGROUND HAZARi; - _----•
----•—------- --------___
❑PRODUCTS/COMPLETED - -1— ---------
O"E RATIONS HAZARD
R,,_ ❑CONTRACTUAL INSURANCE F,`OF'F HIV OAMACE. I 9
I "prlAD FORM PROPFNP'r ri-MHINE(. 500,•
• 500,
(' rl 1„i_
--,i I 4 • r ND1,,• , ,. I,itp: I
AUTOMOBILE LIABILITY --- nuDILY'wow.,
ICACIIPERSON) E .- ,.:,n'
ElCUMF'HLHLNSIVE rU'?si BODILY INJURY $
El OWNED EACH ACCIDENT)
• RIDPI RI V DAM:, `
1
x44 GLPG0225928A 8/20/82 IIODILYINJUR?AN:)` r"
t A Nnrl r;a:^,f:) Pt Ri r DAMAGE 500 l'.
t„', f z
EXCESS LIABILITY
HOPS Y INJUI',AND
A UME+RI.,A FORM XBC154705 ! 8/20/82 ,I';,;);ivr,M'. • 1,000, 1,000,
❑ miff f.r1 HAN UMDREEI A
---- FORM ,i)ti.,HlNt: th r
kit WORKERS'COMPENSATION
? �/ (AfLII `
and lr ✓
/6 .. `J 7 9///57..1- `7 r S'if' c^15� 0
ft, F EMPLOYERS'Lllf! ' IIV ;+' Grit.
7 •
IY�4 A FIRE INSURANCE* , PROF00456160 8/20/82 t' �� ,�3��g
P
,Li DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLFS • p
;, *DWIGHTS BEACH CONCESSION,PACIFIC COAST HWY,AT HUNTINGTON BEACH PIER,HB — �ZR 0. N •
*JACKS BEACH CONCESSION,PACIFIC COAST HWY. AT HUNTINGTON AVE,HB — $70,000.
kADBEACH,CA 92648_ _ _ ._.. _. _ :
fir, . HUNTINGTON
policies .
w�a,, D�Cancellation:� SUREDIr ar�Iy of the <11 HUNTINGTON_BEACH, 12100 MAIN ST, Ir1 i IIIr
kit pany will , ndeavor to mail 1O__ days mil' c, . : r :r,
4.3) mail such notice shall impose-no obligation or Irupon thility of , ny k nd ton<: 10pany
} t
r
'i I.,.:;r .,Cr+r FI,I ) . .,,it R 8/12/81
(CITY OF HUNTINGTON BEACH `
., PO BOX 711
-HUNTINGTON BEACH,CA 92648 / <!�-�_
• ATTENTION: RISK MANAGER
11-
.- Return original and three copies of (Distribution: Original—Originating
completed certificate to: 8 ginating Dept ;"!
CERTIFICATE OF INSURANCE ..`After Approval .Yellow—Risk Manager, a
City of Huntington Beach O By City Attorney Pink—City.Clerk s
• Dept. I3l ?:.or ,l°rscheS.Recreation Gold—CityAttorney
` P.O.Box 190 ana YjS'kks CITY OF HUNTINGTON BEACH,CALIFORNIA
Huntington Beach,California 92648 "•'''°"""'ll ' A MUNICIPAL CORPORATION ,
This is to certify that the policies of insurance as,described.below have been issued to the insured by the under '`i,
signed and are in force at this time.If these policies are cancelled or changed in suchfa manner that will affect this certificate;the'
' insurance company agrees to give 30 days prior written notice,by mail,.to City of Huntington Beach,P.O.Box 190,Huntington.
g
Beach,California 92648.
la ,
Name of Insured' We''/� fret/% '4
Address of Insured lj/(', '(//17//'/ s - ,
Location of Work or Operations to be performed pf"/<`/ef//f — kno/:`G° Fc''n..-r/1/e//l. ;4JY:`/`"v3/V9.''J`T
e.K5—-/'`//e r ('e- ///e//( Y 2,7///'//7/He<6-(i,. Gr
Description of Work or Operations
ec/J( 1.iciVe -.S/ W-feet i - 4/hI(g
• POLICYy. DATE - !w i
�OLICIES IN FORCE r Y 1 ;LIMt.TSOFjLIABILITY ft i` }
i.."�••j. ';NUMBER', 'EFFECTIVE'`('EXPIRATION" '.'S' ti_ i:
•
A. Workers.Compensation Statutory
WC2273330 8/15/79 8/). /1.0
Employe' Liability $ 3.00 r 000
(where applicable).
B. Public Liability: c
•
Bodily Injury: hh C JC�IU .
Manufacturers and V d0�� �
Contractors $" �" Each PfelsonPER.'•si'1
Comprehensive • • ,. L GEf `�t)us
Y L1.274 8.2 8 20 .78 8 /20 81 300 » 000 "'", � /1[),!�'
General a 7 9 / / / / $ Each Acci)dent ` •'
(Including products completed UJ I Tf�' '.,;DDNCS
operations)... .., .. (j-(L L�• �}?I E ,T,Ih, ,-
Property Damage 100 000 t.�N A uo-a..?; j'.:Z (ell
p y g $ * Each Accident
C. Automobile Liability: f r1T i
(where applicable) t
Bodily Injury $ "' :Each Person ,.,r
i * 4
$ Each Accident t
Property Damage i /, ;$ '" Each Accident
•
Does policy cover: (Please check at least,one)
r
All owned automobiles (` )Yes, (X:-:)No ;
Non-owned automobiles (;X)Yes/,.( )No 'I
Hired automobiles "( ,1 Yes'' (X,)No • I.
At least one box must be checked YES if automobile insurance applies.
l
D. Additional Insured Endorsement:
F.
The insurer agrees that the City of Huntington Beach and its City Council,and/or all City Council appointed groups .
committees, commissions,boards and any other City Council appointed body,and/or elective and appointive officers, ,
servants or employees.of the City of Huntington Beach,when acting as such are additional insureds hereunder;for,the
acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach. •
tj '/
E. Hold Harmless Agreement: By Insured}. •'+J( ./ �j /f
. ' '' ��ISignat r�'
The insured agrees to protect,defend,indemnify and save harmlei tb'e City of Huntington Beach against loss,damage or
• expense by reason of any suits,claim;;demands,judgments and causes of action caused by insured,his employees,agents: .•
or any subcontractor or by any third party arising out of or in of the performance of all or any operations.;,. ,'• >-..
covered by the:certificate_of insurance,„ 1 i i —.,_. .,,_,_„_ .7,,
Remarks:This certificate is not an insurance policy and does not •
. .,
F• amend,extend or alter the coverage afforded by the policy. APPROVED AS TO FORM
GAIL HUTTON
City Attorney ,
Not withstanding any requirement,term,or condition of any contrart or ether
document with respect to which this certificate or verification of insurance may be -
issued or may pertain,the insurance afforded by the_olicies decrrihzd hnr i By: '
subject to all the terms,exclusions and conditions of such policies.: 1,ti-y City Attorney ,
{ j
4
'Date A;tqu�;f,: 2 r '1979 AUTHORIZED REPRESENTATIVE OF INSURANCE'COMPANY '
INSURANCE COMPANY - �U
By / =- tu fia �'11I
l�igifature of Authorized.R presentative/Agent
Name Fireman'B Fund Ins.Co: 4,
By: Jones—Gi11espie,Inc.. same •
T'. .,
Address .�.Dt:, Address
s: 271
City �'',EIuntington feach,Ca:926filephone 714. .536-2531
Return original and three copies of
completed certificate to: CERTIFICATE OF INSURANCE
City of Huntington Beach TO
Dept.
CITY OF HUNTINGTON BEACH,CALIFORNIA
P.O.Box 190
Huntington Beach,California 92648 A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have been issued to the insured by the under-
signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the
insurance company agrees to give 30 days prior written notice, by mail,to City of Huntington Beach, P. O. Box 190, Huntington
Beach, California 92648.
Name of Insured 'lark Clapp I1RA: Tack's Reach ConcPcsinns, FT AL
Address of Insured 1210 Main Street, Huntington Beach, CA.
135 S/E entrance of municipTe trailer park on beach, Huntington Beach
,C
Location of Insured Operations Foot of 2nd St. & Pacific Coast Hwy. , Huntington Beach, CA.
Description of Operations Beach Concessionaire
POLICY
POLICIES IN FORCE NUMBER EFFECTIVE DATE EXPIRATIONLIMITS OF LIABILITY
A. Workers Compensation WC Statutory
Employers' Liability 227-33-30 8/15/78 8/15/79 $ 100,000
B. Public Liability: * $300,000 combined single
Bodily Injury: LC limit per occurrence.
Manufacturers and 239-4909 8/20/78 8/20/81
Contractors n $ Each Person
Comprehensive
General Ed $ * Each Accident
(Including products completed
operations)
Property Damage $ 100,000 Each Accident
C. Automobile Liability:
Bodily Injury $ 300,0+00 Each Person
$,300,0'00 Each Accident
Property Damage $ 300,000 Each Accident
Does policy cover:
All owned automobiles (XX ) Yes ( ) No
Non-owned automobiles (XX ) Yes ( ) No
Hired automobiles (XX ) Yes ( ) No
D. Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach City Council,mnd/or all City Council appointed groups,committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or
employees of the City of Huntington Be. he,actin as .re additional assureds hereunder.
i
E. Hold Harmless Agreement: By Insure, ', - /7 /
The insured agrees to protect, defend, i. . nify and save arm!'s, the City of Huntington Beach against loss,damage or
expense by reason of any suits,claims, i ands,judgements and ca ses of action caused by insured, his employees,agents
iiiior any subcontractor arising out of or' •.nsequence of the performance of all or any operations covered by the certificate
of insurance,and such insurance shall i•• primary to any insurance of the city.
F. Minimum Limits Required: APPROVED AS TO FORM:
Combined Single Limit Bodily Injury and/or Property Damage including Products Liability:
combined single limit per occurrence. City Attorne
G. Remarks:
Public $300,000 Bodily Injury By: K
Liability $100,000 Property Damage Deputy City Attorney
Date August 23, 1978
INSURANCE COMPANY RP+ESENTATIMBROKER
e `
ti,c,,A‘ ( 1L,,; ,,` Jones-Gillespie, Inc.
Name Fireman' s Fund Signature of Authorized Representative/Agent
Address 1950 E. 17th Street Address 2120 Main Street, Huntington Beach, CA
City Santa Ana, California Telephone (714) 536-2531
l/aii9) 5 .
•
[ .A. le City of Huntington Beach
•
‘It)A` P. O. BOX 190 • CALIFORNIA 92648 • TELEPHONE (714) 536-52/j'i� E,
�// 103 PACIFIC COAST HIGHWAY (/ ' ��i�cF
DEPARTMENT OF HARBORS AND BEACHES �' o�c�fr
VINCENT G. MOORHOUSE, DIRECTOR c-I
< ,0 '°'4r,�
July 10 , 1978 ° ,
Mr. Jack Clapp
1210 Main
Huntington Beach, CA
Re : Dwight ' s and Jack' s
Dear Jack :
Our records indicate that the liability insurance on the above-
named concessions expires August 20 , 1978 .
In order to keep our files up to date and in conformance with
Resolution 4337 , please have your insurance agent fill out the
enclosed Certificate of Insurance form to the City of Huntington
Beach. Upon completion of the city insurance form, please return
it to this office .
Should you have any questions , please call me at 536- 5281 . Thank
you for your cooperation in this matter.
Sincerely,
O►
Vincent G. Moorhouse , Director
Harbors and Beaches
By:
Melvin M. Bowman
Assistant Director
Harbors and Beaches
VGM:MMB: cs
Enclosure
cc : City Clerk
Finance Director /Contracts Administrator
Address all communications to the Director, Harlwrs and Beaches Department
•
0
AMENDMENT TO LEASE AGREEMENT
This agreement made and entered into as of the /9eE" day
of , 1975, between the CITY OF HUNTINGTON
BEACH, hereinafter designated as CITY, and JACK K. CLAPP and
JEANETTE R. CLAPP, hereinafter designated as LESSEE, is an
amendment to that lease agreement executed by the parties on
April 1, 1968 .
This amendment pertains to rental provisions and specifi-
cally pertains to the percentage of gross receipts that are to
be due and owing to the CITY, effective January 1, 1974 . The
terms of this amendment are to supersede those of the lease
agreement and any amendments executed prior to the date of this
amendment with regard to the particular subject matter covered
herein.
NOW, THEREFORE, the aforementioned lease agreement and
prior amendments are amended as follows :
The following percentage of gross receipts , less
the sales tax from the business of selling light
foods , soft drinks, sandwiches , refreshments and
sundries , shall be paid to the CITY on a yearly
basis as follows :
First $20 ,000 of food sales 0%
Next $20 ,000 of food sales 12%
Next $10 ,000 of food sales 17 . 50%
Next $15 ,000 of food sales 16 . 83%
Next $15,000 of food sales 12 .50%
Next $20 ,000 of food sales 10 . 50%
Over $100 ,000 of food sales 10%
The term of the above rates shall be for a period of four
(4) years , from and including January 1, 1974 to and including
11/8/74 1 .
. r
r
y -
December 31, 1977.
CITY OF HUNTINGTON BEACH
B '
('a ____
ATTEST: (.< yor
ae-e--6;-,(7/ Ja, -,,,,, ,, _
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
c----------Th -----. Ae6?: 242 il,--6a-
City Attorne ) 11+ City Administrator
LESSEE
//// 2', /j1
it-OR K. CL P
7
J.E NETTE R. CLAPP
27J'z-eZt---/L. g6
2 .
14 . ' City of Huntington Beach
ts
P.O. BOX 190 CALIFORNIA 926411
T /\ OFFICE OF THE CITY CLERK
February 19, 1975
•
Mr. and Mrs. Jack Clapp
1210 Main Street
Huntington Beach, CA 92648
Dear Mr. and Mrs. Clapp:
The City Council of the City of Huntington Beach at its
regular meeting held Tuesday, February_ 18, 1975 approved
an amendment to the rental fee schedule for your concessions,
We are enclosing copies of said amendments for your records.
Sincerely yours,
Alicia M. .Wentworth
City. Clerk•
•
AMW:cb
enc. . .
CITY OF HUNTINGTON BEACH CA. 7 5-9
C• COUNCIL - ADMINISTRATOR COMMUNICATION
MIN!INGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members .
Subject AMENDMENTS TO CONCESSIONAIRE Date February 11 , 1975
LEASES
Attached are the amendments to the lease agreements the City has with
Jack Clapp , Joseph Irvine , Cecil Wheat , and Kenneth M. Nitzkowski .
These leases, .are the new rental fee .schedules that will be in effect
. for the next four years .
Mr. Moorhouse and Mr. Arguello have been meeting with the beach con-
cessionaires on several occasions and have mutually agreed on the
rental 'percentages of the new amendments . The results: of these amend:-
ments . are :
1 . For up to $40 ,000 worth of sales the City would receive. 6% of
said sales as opposed to 5% under the original agreement ,
• 2 . At $50 , 000 worth of sales the City would receive 8 . 3% as opposed
to 7 . 6% , .
3. At $65 ,000 worth of sales the City would receive 10 . 27% as opposed
to 9 . 54% ,
. 4 . At $80 , 000 worth of sales the City would receive 10 . 69% as opposed
to 10 . 38% ,
5. At $100 ,000 worth of sales the City would receive 10 . 65% as opposed
to 10 . 3% .
• RECOMMENDATION
I would therefore recommend that the City Council approve the beach
concession leases .
Respectfully submitted,
.P-
David D. Rowlands
City Administrator.
DDR:p
attachments
AlIV FIREMAN'S L *MAN'S FUND INSURANCE COMPANY0
FTT�TT AMERICAN INSURANCE COMPANY CERTIFICATE
U +L\ ❑ NATIONAL SURETY CORPORATION OF INSURANCE
AMERICAN El ASSOCIATED INDEMNITY CORPORATION
❑ AMERICAN AUTOMOBILE INSURANCE COMPANY
INSURANCE COMPANIES ❑
TO:
CITY OF HUNTINGTON BEACH
HUNTINGTON BEACH
CALIFORNIA DATE JUNE 22, 1972
L ❑
THIS IS TO CERTIFY THAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING POLICY OR POLICIES:
NAME AND ADDRESS OF INSURED OR EMPLOYER LOCATION OF PROPERTY,DESCRIPTION OF OPERATIONS,BUSINESS CONDUCTED
JACK CLAPP DBA: JACKS BEACH CONCESSION &/0
JACK CLAPP & JEANETTE CLAPP AS INDIVIDUALS
1210 MAIN STREET
HUNTINGTON BEACH, CALIFORNIA
KIND OF INSURANCE POLICY NUMBER EXPIRATION LIMITS OF LIABILITY
WORKMEN'S COMPENSATION
STATUTORY
EMPLOYERS' LIABILITY THOUSAND DOLLARS,EACH PERSON
THOUSAND DOLLARS,EACH ACCIDENT
BODILY INJURY LIABILITY OTHER THAN AUTOMOBILE* 100 THOUSAND DOLLARS,EACH PERSON
300 THOUSAND DOLLARS,EACH OCCURRENCE
LC 193 61 48 08/20/75 300 THOUSAND DOLLARS,AGGREGATE PRODUCTS
AND COMPLETED OPERATIONS
PROPERTY DAMAGE LIABILITY OTHER THAN AUTOMOBILE* 50 THOUSAND DOLLARS,EACH OCCURRENCE
i
THO USAND DOLLARS,AGGREGATE OPERATIONS
THOUSAND DOLLARS,AGGREGATE PROTECTIVE
THOUSAND DOLLARS,AGGREGATE CONTRACTUAL
LC 193 61 48 08/20/75 NIL THOUSAND DOLLARS,AGGREGATE PRODUCTS
AND COMPLETED OPERATIONS
IBODILY INJURY LIABILITY*
AUTOMOBILE:
THOUSAND DOLLARS, EACH PERSON
THOUSAND DOLLARS,EACH OCCURRENCE
PROPERTY DAMAGE LIABILITY* THOUSAND DOLLARS,EACH OCCURRENCE
MEDICAL PAYMENTS $ EACH PERSON
COMPREHENSIVE-LOSS OF OR DAMAGE TO THE ACTUAL CASH VALUE UNLESS OTHERWISE STATED HEREIN
AUTOMOBILE, EXCEPT BY COLLISION OR UPSET
BUT INCLUDING FIRE, THEFT AND WINDSTORM $
ACTUAL CASH VALUE LESS
COLLISION OR UPSET
$ DEDUCTIBLE
DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED
IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR THE COVERAGE THEREOF REDUCED
UNTIL THIRTY (30) DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE SHALL
HAVE BEEN SENT IN WRITING TO: CITY OF HUNTINGTON BEACH, HUNTINGTON BEACH, CALIFORNIA.
*IF COMPREHENSIVE,SO STATE.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS
THE COVERAGE AFFORDED BY THE POLICY OR POLICIES SHOWN ABOVE.
AUTHORIZED REPRESENTATIVE
IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR JONES-GILLESPIE-GOPPERT INS/RKS
POLICIES THE COMPANY WILL MAKE EVERY EFFORT TO NOTIFY THE ADDRESSEE BUT JpNES-GILLESPIE GOPPI .T, INC.
UNDERTAKES NO RESPONSIBILITY BY REASON OF FAILURE TO DO SO.
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L 9 9'9
A
October 29, 1971
Mr. and Mrs . Jack K. Clapp
1210 Main Street
Huntington Beach, CA 9264+8
Dear Mr. and Mrs . Clapp:
Enclosed is an executed c. . o the amendment to your
beach concession leas- h t - City. Said amendment
was approved by the o 1, i' on March 1, 1971.
Sincerely,
Paul C . Jones
City Clerk
PCJ:aw
Encl.
: City of: Huntin�� ton .Beach
. g .
. . ,�`" P".O. BOX 190 • CALIFORNIA 92648
Au,gu
Jack Clapp" ..
dba Jack's, Be:ach":Concession� . ':, .,
1210 Main Street .
Huntington Beach, California 92648:..
•
•
Dear ,S ir: , ' * .. • • -
Your policy .of,-insurance;:"LAC 1.196:705.; 'expires on August 20 ,
•1971.: Pursuant tern
is the, terms of 'your lease -agreement, with -
the City. of :Huntington`: Beach , renewal is ` required immediately..
Yours very. truly; "
•
•
•
•
•
. • � • � `. Brander D. Castle . . ...
, .Assistant Administrator,,, : : .
BDC
1r NOTICE OF CANCELATION 7 7
1 w, PAC IFMNI itift
PACIFIC Y INDEMNITYCOMPANY- TEXAS PACIFIC IDEMNITv 0 JUP -�}c ___
OMPANY
NORTHWESTERN PACIFIC INDEMNITY COMPANY up:id
TO ALL INSUREDS, MORTAGEES AND LOSS PAYEES NAMED IN THE POLICY DESCRIBED BELOW:
In accordance with the policy conditions, the company has elected to cancel Policy No. LAC 193950
and hereby gives written notice that said policy will be canceled effective 12:01 A.M., standard time, on the 8-20-68
tityrimrlinmingadayoncedhxgorcbticiarazianc
NOTICE: Premium adjustment will be made in accordance with the policy provisions.
P Jack Clapp, dba: Jack's beach Concession
NAMED and/or Jack Clapp & Jeanette Clapp
1210 Iia.in Street ® PACIFIC INDEMNITY COMPANY
INSURED' Huntington Beach, California TEXAS PACIFIC INDEMNITY COMPANY
NORTHWESTERN PACIFIC INDEMNITY COMPANY
B WGZG LL
Wanda Porter
eason for cancelation: RitiPplicy No. LAC 196705 October 29, 19 68
To Clear Our Records DATE MAILED
Los Angeles, California
MAILED FROM
Jones—Gillespie & Goppert, Inc.
P. O. Box 271
AGENT Huntington Beach, California 92648
L
Additional Insured
cc: City of Huntington Beach
P None
MORTGAGEE
I__
Form XM0010c 5M 265
t; lit IFIC INDEMNITY COMPA
y
CERTIFICATE OF INSURANCE
. C ITYA OF HUNTINGTON BEACH
. HUNTINGTON BEACH
. CALIFORNIA
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity Company. Should
any change occur in this insurance, the undersigned will endeavor to give written notice to the holder of this certificate, but failure to give
such notice shall impose no obligation or liability upon the company or the undersigned.
Name of Insured JACK' S BEACH CONCESSION, ET AL
Address of Insured 1210 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA
Location of Risk HUNTINGTON BEACH, CALIFORNIA
Description of Risk OPERATIONS OF NAMED INSURED INCLUDING PRODUCTS
LIABILITY AND AUTOMOBILE LIABILITY
Workmen's Compensation: Policy No. Term: from to
Comprehensive Liability: Policy No. LAC 196705 Term: from 8/20/68 to 8/20/7 1
Comprehensive General Liability Insurance:
Bodily Injury Liability $ 1 00, 000. 00 each person. $ 300, 000 .00 each occurrence. $ 300, 000 .00 aggregate.
Property Damage Liability $ 50, 000 . 00 each occurrence. $ 50, 000 .00 aggregate.
Comprehensive Automobile Liability Insurance:
Bodily Injury Liability $ 100 , 000. 00 each person $ 300, 000.00 each occurrence
Property Damage Liability $ 10, 000 .00 each occurrence
Owners', Landlords' and Tenants' Liability: ❑ Policy No.
Manufacturers' and Contractors' Liability: ❑ Term: from to
Bodily Injury Liability $ each person. $ each occurrence.
Property Damage Liability $ each occurrence. $ aggregate.
Policy No. Term: from to
This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by any of
the above mentioned policies. It is agreed that the above numbered policy for_policies)
may not be eeccs ;,'apany until the Company
REMARKS: has mailed written: .a above named Cerifieate
Holder stating wi•i .r less then TEN (I0} DAYS
thereafter, such cancniie,ion snail be effective. Dnive-y of
such written notice by the Company shell bs equivdanf
to mailing.
Certified this 10TH day of OC T OBER 19 68
JONES-GILLESPIE & GOPPERT, INC .
TC S:VM JONES- I ESPIE T C
By BYj -' ��said
Form M0058c (468)
I ....IFIC INDEMNITY COMPr
CERTIFICATE OF INSURANC
INSURANCE AND REAL ESTATE
• CITY OP HUNTINGTON BEACH JONES-GILLESPIE & GOPPERT, INC.
• HUNTINGTON BEACH 207 FIFTH STREET 536-2531
• CALi ORNIA HUNTINGTON BEACH, CALIF. 92648
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity Company.
Should any change occur in this insurance, the undersigned will endeavor to give written notice to the holder of this certificate,
but failure to give such notice shall impose no obligation or liability upon the company or the undersigned.
Name of Insured JACK'S BEACH CONCESSION, ET AL
Address of Insured 1210 mug wan* ffinirmaras BEACH j CALIFORNIA
Location of Risk Nurnyorm Bump CALIFORNIA
Description of Risk OPERATIONS OF WANED INSURED INCLUDING PRODUCTS
LIABILITY AND NON-OWNED AUTOS
Workmen's Compensation: Policy No. Term: from to
Comprehensive Liability: Policy No. LAC 9805378o Term: from c 8/ /jj to 8f2 74
Comprehensive General Liability Insurance: ' + _ Vf
Bodily Injury Liability$ 100,000.00 each person. $ 300,000.44 each occurrence. $ 3000000.00 aggregate.
Property Damage Liability $ 50, .00 each occurrence. $ 50,000.00 aggregate.
Comprehensive Automobile Liability Insurance:
Bodily Injury Liability $ 100,000.00 each person $ 3000000.00 each occurrence
Property Damage Liability $ 10,000•00 each occurrence
Owners', Landlords' and Tenants' Liability: ❑ Policy No.
Manufacturers'and Contractors' Liability: ❑ Term: from to
Bodily Injury Liability$ each person. $ each occurrence.
Property Damage Liability $ each occurrence. $ aggregate.
Policy No. Term: from to
This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by any of
the above mentioned policies. It is agreed that the above nz••->:'ered policy
may not be cancelled by the Company until r i
REMARKS: "o'ice tc the above mar.
f: . (3D)
n rcn notice by ti,e Company shaui 00 uyulvelvclL
to mailing.
Certified this 25th day of AUGUST 19 .
Y 11' 7
j • -a
By
MYf,
Form M0058c(468) 6s
AGREEMENT
THIS AGREEMENT, entered into by and between CITY OF .
HUNTINGTON BEACH, a municipal corporation, hereinafter called
., LESSOR, and CARL MC CULLAH,' JR. , 8362 Kingfish, Huntington Beach,
California, and ROBERT MC CULLAH, 523 Tustin Avenue, Newport Beach,
California, hereinafter called 'LESSEES;
WITNESSETH
WHEREAS, LESSOR is the owner of a certain pier. extending
. over the Pacific Ocean at the extension. of Main Street .in said ,city,
and LESSEES desire to use facilities on said pier for the purpose
• of conducting business thereon.
r NOW; THEREFORE, in of the above and the perfor--
mance of the covenants, and conditions herein contained,. LESSOR does
hereby lease to LESSEES those premises located . on said pier as set j
•
out in the attached Exhibit A, (the colored portion being the leased
premises) attached hereto. and. incorporated herein as part of this
Tease agreement, and LESSEES lease said premises for the purpose of
conducting a food and .beverage operation known as CAPTAIN'S GALLEY
:a subject to the following terms and conditions .
1. TERM AND CANCELLATION - This lease shall be for a
term Of three years, commencing January 1, 1971 and expiring December
• 31, 1973 .
CITY may, ' uponten .(10) days notice in writing to
LESSEES, cancel and terminate this agreement and the lease granted
hereby without liability to CITY in the event of failure of LESSEES .
to comply with any of the terms or conditions or, agreements hereof,
•
or when public necessity 'So requires, or to suspend operations imme-
diately hereunder temporarily in the event of public necessity, as
oi
- . _ may be determined by the Director. of Harbors , Beaches and Development
t
of CITY . Upon ,termination of this agreement, under this paragraph,
CITY may enter, said premises' forthwith and remove all property of
g` LESSEES and CITY shall. be under no liability . to. LESSEES for
1 . damage to such property or' loss' thereof. , '
W1-
n». -- _ • ,.. t.=- w, 3-..a ,,a.i. _:.,,Cry.. •ei...., .,•,,• :5` 2 ,•:,,..i. r k: „a.�tT.; !s'::^. ..R :!!MV as ee t, ,1. ,:�." , av-t'h r mt:T,t,TiormsZc. R.7lr"�*.'
4111
3111,
r•
Either CITY or LESSEES shall have the right to
cancel this agreement upon ninety (90) days advance written notice
of such cancellation to the other party . The cancelling party shall
have no further obligation or liability hereunder from and after
the effective date of'such cancellation. Upon cancellation, LESSEES
hereby agree to remove all of LESSEES' property and equipment from
such premises within fifteen (15) days after the effective date of
such cancellation, and LESSEES shall leave such premises in a con-
dition of repair and cleanliness to the satisfaction of the Harbors,
Beaches and Development Department . If LESSEES fail to remove such
property and equipment, CITY shall have the right to enter said prem-
ises and remove such at the expense of LESSEES, and CITY shall be
under no liability to LESSEES for damage to or loss of such property .
2 , RENT
Rent shall be One Hundred Dollars ($100) per month or
ten per cent (10%) o.f gross sales, p.er month, whichever is greater.
LESSEES shall compute all receipts monthly, and
shall pay to CITY on or before the 10th day of each and every month,
the rental owing to CITY as acid for rental due and payable under this
agreement. LESSEES shall furnish with each remittance to CITY, a
report of all income derived under this agreement , on standardized
forms provided by CITY to LESSEES .
Rental payments shall be due and paid during the
first (ten) 10 days of each month. Seven (7) days after the last
date payment is due, rent shall be raised ten per cent (LOB) for that
month it is late.
3 . ACCOUNTING RECORDS - LESSEES ' books and records
shall be subjected to inspection and audit by CITY or CITY 's authorize,
representative at all reasonable times . A CPA report on business or
I.R.S . return on business shall be submitted to the Director of Financ
thirty (30.) days after the close of LESSEES ' fiscal year and all
business records shall be made available for inspection by CITY upon
$ written demand.
LESSEES agree to establish an audit control, record
keeping and cash registry system acceptable to CITY.
-2-
..-•.m• r..., it^LYr�,..:.,f_'._•.• .e•y.-.re,...r.;..'N:an,w,";:,•.vr:!vet n9rTF.11.MFn.Hw:n a^t',^t' •14!]P`u., +yvi'fr.3crr.'7*r4ra'OReT.r YaimtSae..u,n:<_h.M.
'a' 4 . HOLD HARMLESS -. INDEMNIFICATION
. LESSEES shall indemnify and save harmless •
CITY, its officers and agents and employees, from and against any
and all claims, demands, loss or liability of any kind or nature
) which CITY, its officers, agents and employees may sustain or incur,
or which may be imposed upon them .or any of them, for injury to or .
death of persons. or damage to property arising out of or in any manne3
11
;,. connected with the negligence or lack of care of LESSEES, their •
officers, agents, or employees, . in the uee, of the leased premises .
A 5. .INSURANCE -
vi
.y,, During the term of this lease agreement and any •
extension thereof, LESSEES shall, at their own expense, maintain
in full force a policy .or policies, of comprehensive liability insur-
ance, including property 'damage and personal injury, and in addition'
:. thereto, products liability insurance, such insurance written by one
.
,{,>i or more, responsible insurance carriers licensed to do business. in
.,.,, California., that will name CITY, its officers, agents, employees and '
y; such other persons, firms or .corporations .as are designated by
ti
`s CITY, as additional insureds on such policies . Such policies shall
•
insure against liability for injury to persons and to property and
?' • for death of any
person, or persons, occurring in or about the prem-
. ices and against products liability. Each such policy shall be with . :
'' an insurer rated in Best 's Triple A or better, and approved by the
City Attorney. Liability coverage under such insurance shall not be ::
lens than Five Hundred Thousand. Dollars ($500,000.00) for bodily
a injury or death of one or more persons; One Hundred Thousand Dollars .
i r . .
($100,000.00) for property damage; .products liability. coverage shall
1
• be the same as that for bodily injury or death, as hereinabove provide
LESSEES shall provide. CITY with certificates of all such policies of .
,
?} insurance, including in; each instance an endorsement providing that
N
b
such insurance policy or .policies shall not be Cancelled .withoutat
fi: least twenty (20) days advance written notice to CITY of intent
r .
to cancel. ' LESSEES shail 'submit evidence of such insurance on
the . form provided 'by .the CITY:
•
..3.� .... A:
2,1
w.•.. .. ` , , ;Mh r i y t 4•. .,:,,:5;-,: :;::,,:. � S,: :5 '�'� ,r D! 3 ..f
e,.........e..u..,... - .a............. :.;r .rn - _ .: a5s,-- vam^•vwi : asses rs ;a, CSC".
4f ,
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6 . CARE OF PREMISES - LESSEES shall at all times maintain
the leased premises in conformity with all state and local laws and
regulations .
• At all times during the term of this lease agree-
• ment, LESSEES, at their own cost and expense, shall keep and maintain
the premises in a neat, clean and orderly condition, and shall keep
the interior of the building ,in good condition and .repair and painted
•
as CITY shall direct . ' ,
. • Interior and, ext.erior. signs, decor, furnishings,
1 lights, and colors shall not be added to or altered from present
'x ' conditions without the prior approval of the Director of Harbors,
. Beaches, and' Development for the City of Huntington Beach.
-.i LESSEES .shall permit LESSOR, its officers, agents, •
or . employees to enter said premises at all reasonable times to. view
the state and condition thereof, or- the conduct of' LESSEES ' business.
• LESSEES shall not obstruct, cause or permit the
obstruction of said pier or any part thereof in any manner whatsoever.
k
'4 LESSEES shall be responsible for any damage to the.
:V leased premises caused by LESSEES, their officers, agents or
. employees : The responsibility for damages under this paragraph is
separate from any responsibility or liability for bodily injury .Or
' for property. damage caused by third parties, against which LESSEES
hold CITY harmless under indemnification provisions of this agreement.
7 . DAMAGE - CANCELLATION
In the event the leased premises shall be damaged
through no fault of LESSEES, CITY shall not. be required. to repair
or rebuild such premises, nor shall LESSEES be entitled to damages
by reason of the failure of CITY to repair Or rebuild such premises;
i however, should said premises remain in condition not suitable for
LESSEES ' operations fora period .of fifteen .(15) days , either party •
•C,
4 '
i:'f
i
.,.,...».,..,,,... .._.u..,....•,M.kr,. ro ....zr..rac,.: r.,;.,N:,,,,,, See i..o-' eP�.': ..,,, .., ,40. ,*., }`,'"5"p.6!:,_.,,.� t,�'i'+.f:.�,Sc.tY,`Z;e... `Ii9"Y� , , .,.z..,. ..M
•
hereunder shall have the privilege to cancel this agreement and ,
be relieved of any further liability hereunder.
8. ASSIGNMENT -
No assignment of this agreement or any of the rights
hereunder shall be valid or binding upon CITY without the written
consent of CITY first had and obtained. Any attempt to assign this
agreement without such prior written consent of CITY shall constitute
a violation of this agreement and cause for cancellation hereof by
CITY.
9 . UTILITIES: WATER AND TRASH -
LESSEES shall pay as and when 'the' same shall become
due and payable all charges for all public utility services, including
water used on said premises and for cost of trash service to be pro-
vided via CITY.
10 . TAXES
Nothing in this lease, agreement shall be, construed
to relieve LESSEES of any obligation to pay any city license tax
or city tax which may be imposed or payable by reason of any ordinances
of the City of Huntington Beach, and LESSEES agree to pay promptly
all licenses arid taxes and other lawful charges that are imposed by
any governmental body or agency. Further, nothing in this agreement
shall be construed to relieve LESSEES of any obligation to obtain
and pay the fee for any permit which may be required by any ordinance
of the City of Huntington Beach.
11 . NOTICE -
Any written notice given under the terms of this
agreement shall be either delivered personally or mailed, postage
prepaid, addressed to the party concerned, as follows :
TO CITY:
City of; Huntington Beach
Post Office Box 190 •
Huntington Beach, California 926148
TO LESSEE:
Mr. Carl McCullah
523 Tustin .
Newport Beach, California '
•
12 . SUCCESSORS •
This agreement shall be 'binding upon the parties,
their heirs, assigns, successors, administrators, executors and
personal representatives. The provisions hereof shall be construed
without regard to number or gender.
IN WITNESS WHEREOF,. CITY has caused its corporate •
j .
name and seal to be hereunto annexed by its Mayor and attested .
by its City Clerk thereto duly authorized, and LESSEES have hereunto
set their hands, on the, day,. month and' year appearing below.
DATED: , 1971 .
•
t•
CITY OF HUNTINGTON BEACH,
a municipal corporation,
•
BY
• Mayor
r ATTEST: •
4,i
,
•
•
City Clerk
9
APPROVED AS TO FORM:
•
City Attorney
DATED: , 1971 .
CARL MC CULLAH, JR.
•
ROBERT MC CULLAH
•
•
•
•
•
•
•
•
•
•
•
•
4+
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OR COPY
ICAM-rk?-• r_e
Mas ter r 11
c-vc r 71"\ ta9-
• PI t
?ki v
AMENDMENT TO LEASE AGREEMENT ‘0
This agreement made and entered into as of
the 42 - day of , 1971,
between the CITY OF HUNTINGTON BEACH, hereinafter desig-
nated as CITY, and JACK K. CLAPP and JEANETTE R. CLAPP,
husband and wife, hereinafter designated as LESSEE, is
an amendment to that lease agreement executed by the
aforementioned parties on April 1, 1968, said agreement
attached hereto and incorporated herein. The terms of
this amendment are to supersede those of the lease agree-
ment where applicable and any provisions inconsistent
with the terms of this amendment shall be interpreted as
to bring them into accord with the terms of the amended
agreement.
NOW, THEREFORE, the aforementioned lease agree-
ment is amended as follows :
1. The Three Hundred Dollars ($300) per year
minimum payment is hereby cancelled.
2. Concessionaires shall be required to submit
reports of sales, costs of goods sold, and
expenses yearly, no later than January 31,
of each year, reflecting all operations for
the immediate prior year.
3. The following percentage of gross, receipts,
less the sales tax from the business of
selling light foods, soft drinks, sandwiches,
refreshments and sundries, shall be paid to
the city on a yearly basis :
First 20,000 of food sales -0-%
Next 20,000 of food sales 10%
Next 10,000 of food sales 18%
Next 15,000 of food sales 16%
Next 15,000 of food sales 14%
Next 20,000 of food sales 10%
Over 100,000 of food sales 8%
-1-
P
The term of the above rates shall be for a
period of three (3) years from and including January 1, 1971,
to and including December 31, 1973.
DATED: 69 erg //'7/
CITY OF HUNTINGTON BEACH
a municipal corporation
BY 0'/. ti � 7r1 e Z-C-2----Ii-
i M'AYOR
ATTEST:
6:2-t-'-' i5;---7t.
�/
APPROVED AS TO FORM:
(--------
1 ttorney
DATED:
JACK K. CLAPP //
J ETTE R. CLAPP C %
r
-2-
1 ,it , G] ' .:i�`� r- i:A
•
11 • I
LEASE AGREEMENT
THIS AGREEMENT made and entered into a;s o.0 the 1st
day of April, 1968,
BETWEEN
CITY OF HUNTINGTON BEACH,
hereinafter designated as ,
CITY •
AND
JACK K. CLAPP and
. JEANETTE R. CLAPP,
husband and wife,
' hereinafter designated as,
,- LESSEE
•
1
W ITNESSET H:
'WHEtitAS, City is the owner of a perpetual easement
j
over 'certai'n portions of the beach lying between the southwest '
line of. the pacific Electric right-of-way and the ordinary '
high water mark of the pacific Ocean; and
WHEREAS, City has heretofore granted to Lessee the .
right to use certain portions of said beach for the conduct of
sealing cold drinks, sandwiches, refreshments and -food items
' and of renting or letting beach and water equipment used for
recreational purposes ; and
WHEREAS, on April 14, 1967, City and Lessee entered
into- a written agreement under the terms of which Lessee agreed
to perform certain new construction by April 1, 1968 upon his
site and in consideration thereof the City agreed to give Lessee .
a new lease for a term of ten (10) years with an option to renew
' for ten (10) additional years; and ..
WHEREAS, Les see. has performed construction upon his
site and said improvements. have been approved by City; and
1.
!ol)
FJ I
(LI
. _
WHEREAS, the parties are desirous of entering- into and
• executing a new agreement expressing their rights and duties to
eschoth
_ _ _
• -
NOW, THEREFORE,' in consideration of the 'mutual promises
and agreements herein, contained to be done and.performed by the
parties hereto, and the peyment of the rentals herein reserved as
• ) ' hereinafter set forth the .parties. do hereby agree as follows :
1. City does hereby grant to Lessee and Lessee accepts
the right, privilege and concession to operate and. maintain a
concession building, together with other necessary appurtenances ,
and facilities upon the Huntington Beach Municipal Beach for the
purpose of. vending of light foods, sandwiches, soft drinks, re-
freshments
and sundries, and of renting or letting beach and water
equipMentP
_ used for recreational .purposes , and for no other business. .
•
12. This concession shall be operated and maintained by
lessee for the safety and convenience of the general public in the
use and enjoyment of said premises herein referred to.
3. The term of this lease shall be for a period of
ten (10) years from and including April 1st, 1968 to and includ-
ing December 31st, 1978, unless terminated prior thereto as here-
• in provided.
. ,
•
4. The concession to be operated under this lease is
the area located on the Huntington. Beach Municipal Beach, as
more specifically described in Exhibit 'A' attached hereto and
made a part hereof. . .
5. In consideration of the permission herein granted
lessee agrees to pay to City, rental as follows :
•
(a) The base rental rate under this lease shall be
• 3300.00 per year and in addition thereto, the ,
* •
2.
•
. . .
1 i J • c
l
LI
following percentage of gross receipts, less sales
tax from the business of selling light foods, soft
drinks,sandwiches ; refreshments and sundries, shall ,
'a be paid to the City on a yearly basis :
7% of first • $20,000.00
8% of next - 10,000.00 '
. 9% of next 10,000.00
-4 10% of next 10, 000.00
TH
.d
11% of next 10,000.00
12% of excess
i
, In addition thereto the following percentage of the
,
z,f gross amounts received from the rental of beach and
1
,, water equipment shall be paid to the City on a year-
0,7
ly basis:
jj .
hti 20% of first 5, 000 •
.00
L5' ,
'` 21% of next 2,000.00
. 22% of next 2,000.00
23% of next 2,000.00
tij 214% of next 2,000400
25% of excess
(b) All receipts shall be computed monthly and the rent-
. al owing to the City shall be paid on or before the
10th day of the succeeding month, lessee shall fur-
'i • nish with each remittance to the City a report of
s,�
• all income derived- under the lease agreement on
SS:"
standardized forms provided by the City, to lessee.
(c) Lessee's books and records shall ,be subject to in-
spection and audit by the City or the City' s auth-
`- orized':r.-epresentative at all reasonable times.
(d) Lessee shall within ninety(90) days after the end
of each fiscal year of Lessee during the . term of
this lease, or any extension thereof, submit a de-
1
tailed statement of gross receipts derived from
business transacted under this permit for the preced-
ing year. ,
.
3.
•
a S
(e) Lessee agrees to establish an audit control, record
keeping and cash registering system acceptable to
City. City shall not arbitrarily withhold its ap-
proval of such system. - -
6. City reserves the right to prohibit the sale or rent-
al of any item or article which is objectionable or beyond the
scope of the merchandise necessary for proper service to the pub-
lic. The prices for the merchandise sold and the rental of the
recreational beach and water equipment shall be fixed by lessee
and City reserves the right to establish and revise a schedule
of maximum prices for any or all items sold or rented to the
public by lessee; provided, however, that such schedule of max-
imum prices established by City shall be reasonable and in accord-
ance with ' the best interests of the public, the lessee and the
City of Huntington Beach.
7. Lessee shall indemnify and save harmless City, its
officers, agents and employees from and <;gainst any and all
claims, demands, loss or liability of any kind or nature which
City, its officers, agents and employees maysustain:.or incur,or
which may be imposed upon them or any of them for' njury to, or
death of, persons ; or damage to property arising out Of or in
any manner connected with the negligence or lack of care of less-
ee, its officers, agents or employees in use of:- the demised prem-
•
ises. •
8. During the lease term, lessee shall, at its own ex-
pense, maintain in full force a policy or policies of comprehen-
sive liability insurance, including property damage , written by
•
. one or more responsible insurance companies licensed to do busi-
• ness in California, that will insure lessee and City (and such
other persons, firms, or corporations as are designated by City)
•
4.
against liability for injury to persons and property and for
death of any person or persons occurring in or about the prem-
ises. Each such policy shall be with an insurer rated in
Best's 'Triple Al or better, and approved by the City as to form,
which approval shall not be unreasonably withheld. The liability
under such insurance shall not be less than $100,000.00 for any
one person injured or killed, not less than $300,000.00 for any
one accident, and not less than $50,000.00 for property damage.
Lessee shall provide City with copies or certificates of all
policies, including in each instance an endorsement providing
that such insurance shall not be cancelled except after ten (10)
days notice to City. Lessee shall cause to be attached to said
policy of insurance, an endorsement reciting paragraph 7 of this
lease. •
The procuring of such policy of insurance cannot be
construed to be a limitation upon lessee' s liability or as a
full performance on its part of the indemnification provisions of
this lease; lessee' s obligation being, notwithstanding said
policy of insurance, for the full and total amount of any damage
injury or less caused by the negligence or neglect connected
with the operation under this lease.
9. Lessee shall maintain in full force and effect a
policy of fire insurance covering the basic structure and all
insurable constructed improvements therein to the extent of at
least eighty (80) percent of their insurable value."
10. Lessee will permit City, its officers or agents
to enter said premises at all reasonable times to view the
state and conduct thereof.
11. Lessee agrees to operate said business continual-
ly from June 1st to September 15th of each year during the life
5e
of this agreement, or any extension thereof, and at such other
reasonable times as lessee shall, from time to time, be requested
to be open by the City. The hours of business shall also be subject
to the approval of the City provided such approval shall be reasonably
given.
12 If Lessee neglects or. shall neglect, or fail to per-
form or observe any of the covenants, conditions or agreements con-
tained herein on his part to be observed and performed, and is so •
notified in writing by City end fails to cure any default within
thirty (30) days after such notice; provided, however, such default
be of a type curable within said period; and, if not, fails to com-
mence end diligently pursues the curing of said default within said
period, or if he shall be adjudicated bankrupt or insolvent accord-
ing to law, or if an assignment of his property shall be made for
the benefit of. cred4tors, then and in any of the said cases , City
may enter into and upon said premises or any part thereof and re-
'possess the same and expel said lessee without being deemed guilty
of any manner of trespass, and without. prejudice to any remedies
which might otherwise be used for arrears of rent, or preceding
breach of covenant, and upon said entry by City this lease shall de®
termine. •
•
13. Subject to the provisions of paragraph 15, at' the
termination of this lease agreement, or sooner termination as here-
in provided, lessee agrees to quit and surrender premises to City
and agrees to remove their property including the buildings and im-
provements therefrom, subject, however to, the right of City to purr-
chase said buildings and improvements herein: set forth.. Lessee shall
not place or allow any signs, placards or advertising matter to be
placedror maintained on, or attached to said premises, or any part
thereof, without the written consent 'of City and such business signs
shall be placed, maintained or attached in such manner as prescribed
by City. This .provision shall relate only to exterior signs.
6.
1144 Lessee shall pay, as and when the same shall become
due andppyable, .all charges for public utility services in-
cluding water used on said premises. Lessee shall at his own ex-
pense ,provide for trash pickup service in a manner approved by
City.
15. It is agreed between City and, lessee that lessee did
construct certain buildings and make certain improvements on
said property referred to in said agreement, and more particularly
described. in Exhibit ,S! attached hereto and made a part hereof.
•
At the expiration of the lease term or any extension thereof,City
is ,hereby given the option to purchase said buildings, or any
additional buildings constructed on the leased premises during
the lease term or any extension thereof. In the event .that. this
lease is terminated prior to the expiration of the ten (10.) year .
term of this lease or any extension thereof, through no fault of
the lessee, then City' agrees to purchase said improvements, and
• lessee agrees to sell saMe to the City. In either event, the pur-
chase price shall be the cost of construction of said improvements,
less depreciation from the date the improvements were made, said
depreciation. to be based on a straight life of twenty (20) years.
In the event lessee should construct, with the consentof the City
• additional buildings or improvements upon the premises during the
term. hereof, lessee shall file with the City copies of the paid .
. bills for the construction and' said approved. bills shall be added
. to Schedule 'B' and shall be depreciated on a straight line method .
over the remainder of said twenty (20) year period.
• 16. This lease is personal between lessee and City and
lessee shall not sell, assign, sublet or transfer or cause or
low the same to be sold, assigned, sublet or transferred by oper-
ation of law without the written consent of the City first obtained.
•
7. •
•
•
-771g
745;
••
•
_ .
and if this condition is violated the City at its option may elect
to terminate this agreement; provided, however, that City shall
• not arbitrarily withhold such consent. And, provided further, the
City hereby consents to the assignment of this lease to any respon-
sible lender for purposes of hypothecation of the leasehold estate
by lessee.
17. That at all. times during the term of this lease agree-
ment lessee 'at their own cost and expense, shall keep the premises
in a neat, clean and orderly condition .and shall keep all buildings
in good condition and repair and shall maintain in a neat and clean
condition, the grounds around lessee' s building for a distance of .
25 feet. •
18. Lessee agrees. to tie in his sewer facilities to the
li City Sewer System when said system is made available to the vicinity
of lessee's business and the City requests lessee to connect to
said system. The cost of connecting to the City system shall be
at lessee's .expense for the first 25 feet from the edge of the
leased premises and at the City's expense thereafter.
19 Upon written notice by either of the parties hereto,
to the other 'given during the month of November of the 3rd,6th and
10th years 'hereof, the parties hereto may review and renegotiate
the amount of the rental to be paid by lessee. The same notice may .
be given in the same manner in the 3rd, 6th and 10th years of the
option period contained in this agreement. In event of failure to .
agree, the matter shall be arbitrated under the provisions of
paragraph 22 hereof.
20. In addition to the term prescribed in this. permit,
lessee shall have an option to renew this lease for an additional
'ten (10) year period commencing January 1st, 1978 and ending
•
8.
v :
a
• w
December 31, 1987 upon the same terms and conditions contained
herein by notifying the City in writing before November 1st,
1977 of their desire to exercise their option.
21. In' the event lessee has mortgaged or borrowed against
. any of the structures covered .by the terms of this agreement, it
is recognized that the lender may foreclose his interest against
• lessee in the structure or improvements and that the lender would
then have the right to transfer the• assets to a responsible third
party, subject to the approval of that party by the City and pro-
viding - that ' the party would be subject to all of the terms and con-
ditions of . this. agreement.
22. If there arises any bona fide dispute as to any of
0/ the terms or conditions under this lease and option the parties
agree to submit that matter .to arbitration, each party hereto
selecting an arbitrator and if the two said arbitrators cannot
agree, they shall select a third, whose decision shall be final
and binding upon the parties. •
23. City further reserves the right to cancel this lease
without liability, when public necessity requires, or to suspend
operation temporarily in the event of public necessity, as may
be determined by the city Council of Huntington Beach. Upon ter-
mination of this lease, City may enter upon said premises above
described, as herein provided, and shall be under no liability to
lessee for damage to such property or loss thereof, subject, how-
ever to the obligations of City as set forth in paragraph 15•
hereof.
24. Nothing in this permit shall be construed to re-
lieve lessee of any obligation to pay any city license tax, or
city tax-which may be imposed or payable by reaaon of the terms
9.
•
•
of any ordinance of the City of Huntington Bcach and lessee
covenants and agrees to pay promptly all licenses, taxes and
• other lawful charges imposed by any governmental body or agency.
IN WITNESS WHEREOF, the City has caused its corporate
name and seal to be hereunto annexed by its i.iayor and attested
by its City Clerk, thereto duly authorized, end lessee has here-
unto set his hand as of the day and year in this agreement first
above written.
CITY OF HUNTINGTON BEACH,
a municipal corporation,
MCSNAcils'A
ATTEyS�r
yCer
CITY
Lessee
Lea2-Le-z&I---,rzz
ib
10.
•
Huntington Beach Planning Commission
`a. P.O. BOX 190 CALIFORNIA 92648 GIS-,
�Y Gl,rl GO
February 2, 1970 r,yFD �119
Ar4R
�1TY CtKK s
TO: HONORABLE MAYOR AND CITY COUNCIL / ~
FROM: Design Review Board
SUBJECT: Lighting of main identification sign for
Mr. Jack Clapp ' s concession on the beach.
ATTN: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Mr. Jack Clapp, concessionaire, requested that the Design
Review Board clarify a point raised by Mr. Moorhouse, Di-
rector of Harbors and Beaches, viz. , the placement of light-
ing for "Jack' s" main identification sign.
Mr. Moorhouse submits that the lighting for the sign should
be from below and Mr. Clapp prefers the lighting to be from
the top due to vandalism.
The Design Review Board unanimously adopted Mr. Clapp' s re-
quest o. Ja ,uary 22, 1970, and recommended approval by your
Honor, ole Body.
Res.e 1 j• tted,
yam. �i
•ooe t o •• . sque
Secreta y, Desig Review Board
RJV:dr
LCK'S. BEACH CONCESSION _ '
•
, REMODELING EXPENSES
OCTOBER 1967 - APRIL 1968
1. Jim G. Jones - Plastering $2147.00
2. Harbor Fire Protection - extinguishers 552.50
3. Foster Sand and Gravel - crane service 59 .00
4. Monier Raymond - concrete roof tile 979.93
5. Geer' s Plumbing 500.63
6. H. B. Plumbing 476.00
7. H. B. Electric 589.40
8. DeGuelle and Sons Glass 117.54
9. Gang - Nail Components- roof trusses 1635,3
10. McCoy Sheet Metal - hoods and ducts 888.55
11.Santa Ana Overhead Door Co. 86.50
12. Kimstock Inc. - stall shower 40G43
13. Fairbanks Trans. - tile delivery 78.80
14. Tim Twigg - hourly labor 24.00
15. Red-E-Rentals - fork lift 26.46
16. R. S. Jones - designer 276.25
17. L. R. Peterson - general contractor 5285.47
18. Jack Clapp - misc. coast. items 139.23
19. Jack Clapp - labor 2300.00
S16,203.03
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J/ . City' of : Huntington :'Beach.
, ). z P:O; BOX'190 ' CALIFORNIA 92648 " .
\�>
. • '. September 11, .'1968 . -
D
Mr. Jack K: Clapp
' 1210 Main".Street ,
Hunting on Beach, 'California ,
Dear Mr. Cia,)p: '
Pursuant to the terms of your 'lease agreement.wi'th.the.City,of
Huntington 'Beach nor-your beach concession, insurance"coverage _
• of not .less than $50,000 for property damage-is required. •
The certificate-of insurance furnished to. the City'is inadequate.
Please snake c rangement ,'wit , your insurance carrier-..to provide '
' insurance coverage in the required amount. '
' =
-�. ..Y Yours very trulY ._: .
f ;
Brander: D Castle
Assistant i ctlinis.arator
- BDC:bwo,
I ,
77
1!
9,ad
May 1, 1968
Mr. Jack K. Clapp
1210 Main Street
Huntington Beach, California
Dear Mr. Clapp:
Enclosed herewith is a copy the beach concession
lease agreement which has been duly executed.
Sincerely yours,
Paul C. Jones
City Clerk
PCJ:aw
4/9
_�NIINGTpy`,,,, •
PP
0�.�PP�RATF�eCn9�1�, eilei /
c_W_ s�� CITY OF
CALIFORNIA
.„COUNTY GP_
C
0 July 10, 1967
Y
Mr. Jack Clapp
222 Lincoln
Huntington Beach, Calif.
Dear Mr. Clapp:
Under the terms of the lease agreement recently signed by you and
the City of Huntington Beach, you are required to make extensive
structural changes and alterations to upgrade and beautify the beach
area.
It is the desire of the City Council that plans, specifications and
architectural renderings be submitted for their approval by Sept. 15,
1967. Upon compliance with the required improvements, you will be
granted a new, ten year lease beginning April 1, 1968, pursuant to the
terms of Paragraph 3 of the agreeme nt.
Yours very truly,
Doyle Miller
City Administrator
DM:bwo
January 4, 1967
Jack K. Clapp and Jeanette R. Clapp
222 Lincoln Street
Huntington Beach, California
Dear Mr . and Mrs. Clapp:
The City Council of the City of Huntington Beach at their
regular meeting held Tuesday, January 3, 1967, set the time
-J of 7 . 00 P.M. January 9, 1967 as the time for a meeting with
beach concessionaires for the purpose of reviewing
concession leases. The meeting will be conducted in the
Council Chamber. You are requested to be present at that
time.
Cordially,
Brander D. Castle
Assistant Administrator
BDC:bwo
F-2
November 14, 1966
Jack K. Clapp and Jeanette R. Clapp
222 Lincoln Street
Huntington Beach, California
Dear Mr. and Mrs. Clapp:
In accordance with the terms of your lease for beach
concession, it is the wish of the City Council of the City
of Huntington Beach that the lease be reviewed at this time.
We will notify you of a date in early December when the Council.
will meet for review and discussion of- renegotiation of the
rental.
Yours very truly,
Doyle Miller
City Administrator
DM:bwo
\\
. •
ALIAANKLaT,
This assierment ride c,..v of the day of foebruilry,
1958, by :,nd
aT4EN
ZUil4 ILRGUSON ma MAAY
FLRG1E1,1 husband and
hereinaftta desig.rvq—
ed asi
AS/GNORI
ANL
J1..01( K. CLAPP, hiJr,,-iaafter
t15 :
•
ViliBREAS, L!ertaill (...groemet, rited as
cf the 1st day January, i)58, by aaci, t,,Afcioa AsF;i6nor and
the i;lty of itt1figtcn LAaach c L tretitanC.
. _
ojrat1ux ol a ocs- ce .Ln r,)d tic i 1ci , . .:.ea..14; and
4#41. ALI by ,./(. ,no.a.1 c: oi NUntiajto
Bich lt:,:, regular 1;k,:etin? of .-Lbthi,377
.vas given to LA, • 1gr.
fOLi Tiii&FORL, ir cerisiera4._:Lon of
other valuable nonsiberatich, recuOt ici reby ack.
boAedged, Assigur J.oes hereby grmt, 1.ArLain, reill c:;nvey
area anrign to As,77:4nee all thir right, tit ihtareot in
and to 1:11at :.:.?,raement dated the 1st day of Jalluaryl
1958 iy betwcen the City or Idurtint-jon a municipal
corperaticblthareih .41g;latl-ci -City° and
and. Mary Fercucn, trii - 1.41.01nted as
"Leeveia" „ vhich 3r7reeant coverl cerrFL. real .:-,.;?porty or s2id
beach, af, (.;:rt1-1 In s;.:.1(", freeret, 'or
the puivose coq5truoting building for the conduct
of A (!oncesion
$1; - • t-4 by tho tiormas
condtions and provil,lioaa ialid to : yid e ay, cer.fc)rm Lu
and pt;rforl all of i,r11 term „ con(2iticns there...
in ecritaineo. be done lnd porr-- by Y-7; !.„-%.c .. tilsrennaer,
( thAa A.ssi*J.tor norein.) , and to ioL.d AsiiorblrTalsE' oflanC
ro aAy LaLIL,gc:s arin4 from:, ,.;-td by vile.-
4
tste
• •
GAN
laYT1h44GLS(ill
J4CZ77MIZi7
1 consent to the above and fore-
golng AcreemeLt, insoftx ae com-
Nunity property , enceraod.
2.
STATE OF
aa
COUM: OF cRinr.
thir : of : ru:irys 19.1 ::v.%fore m), a
Notary Public in for zaie- CcAnty and per?onally ap-
vared
JOhN rtnousom, mAny .F.spovem ena JACK K. CLAPP
known to net thc. r -mstor -0k. ns.ran suttlorf,bild to
the -Ithir, InatrumAnt and a6r.novi.rdgrad to e '"t1Pt. ty 6xecuted
t%e Ame.
f5i-,;;;37.F7;117. .1.n (t71-;1777-32-4"--
(.:cutr an 7tnts
vb.,
.N ,i irGsra• c• ,
ticp
L D -/• f 6 AIM* ram" 51AEl NIZT 0 11)1X (
CERTIFICATE OF INSURANCE
. CITY OF HUNTINGTON BEACH•
I
. ORANGE COUNTY, CALIFORNIA
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific
Indemnity Company. Should any change occur in this insurance, the undersigned will endeavor to give written
_notice to the holder of this certificate, but failure to give such notice shall impose no obligation or liability upon
the company or the undersigned.
Name of Insured JACK'S BEACH CONCESSION, ET AL
Address of Insured 222 LINCOLN STREET, HUNTINGTON BEACH, ORANGE CO ., CALIFORNIA
Location of Risk STATE OF CALIFORNIA
Description of Risk OPERATIONS OF THE INSURED INCLUDING AUTOMOBILE
AND PRODUCTS LIABILITY
Workmen's Compensation: Policy No. Term:from to
Comprehensive Liability: Policy No.LAC 168534 Term:from 2/20/65 to 2/20/68
Bodily Injury Liability $ 100,000. each person. $ 300,000. each occurrence. $ 300,000. aggregate.
PRODUCTS
Property Damage Liability—Automobile $ 10,000. each accident.
_Property Damage Liability—Except Automobile $ 5,000. each accident. $ 25,000. aggregate.
Owners', Landlords' and Tenants' Liability: ❑ Policy No.
Manufacturers' and Contractors' Liability: ❑ Term:from to
Bodily Injury Liability $ each person. $ each accident. $ aggregate.
Property Damage Liability $ each accident. $ aggregate.
Policy No. Term:from to
REMARKS:
Certified this _ 4th day of MARCH 19 65
ws/LR JONES -. I. fly
�
JONES-GILLESPIE, INC . -LLESRtE
B Vb'lOrh�/1/1 .. � — c�
Y
Form M0058a 350M 963
LL'rrI 4e
COMPREHENSIVE LIABILITY POLICY
Illtu'1'ICA 16$534
•I MeIDEMTr 'P. O Di '
LOS ANGELES 54, CALIFORNIA
Endorsements Attached Previous Policy LAC 140300
1 TO $ INCLUSIVE Underwriting Office LOS ANGELES
Producer JONES-GILLESPIE,INC .
WS/LR
DECLARATIONS
Item 1. Name Insured JACK CLAPP, d.b.a. ,JACK'S BEACH CONCESSION AND/OR
JACK CLAPP AND JEANETTE CLAPP
Address 1210 MAIN STREET, HUNTINGTON BEACH, ORANGE, CALIFORNIA
(No. Street City Zone County State)
The named insured is INDIVIDUALS
(Individual,Partnership,Corporation)
Business of the named insured is RESTAURATEUR AND CONCESSIONAIRE
Item 2. Policy Period: From FEBRUARY 20th 1965h to FEBRUARY 20th, 1968
12:01 A.M., standard time at the address of the named insured as stated herein.
Item 3. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific limits of
liability. The limit of the company's liability against each such coverage shall be as stated herein, subject to all of the terms of this
policy having reference thereto.
0
COVERAGES LIMITS OF LIABILITY m
x
m
$ 100,000.00 each person o
a
A. Bodily Injury Liability $ 300,000.00 each occurrence z
a
$ 300,000.00 aggregate products r
3
a
B. Property Damage Liability—Automobile $ 10000•00 each accident
5 000.00
$ each accident
n
0
$ 25,000.00 aggregate operations
m
aggregate
C. Property Damage Liability—Except Automobile $ 25,000.00 protective
0
0
$ 25,000.00 aggregate products m
0
0
$ 25,000.00 aggregate contractual a
Estimated premium is payable:$ 489.00 in advance, $ 174.00 on the first anniversary,
and $ 174.00 on the second anniversary.
The 1st and 2nd anniversary premiums do not include the premiums for the automobile coverages. If policy period is for more than one year,
the automobile premiums for the second and third years will be charged in accordance with the company's automobile manual of rules and rates
in effect on the first and second anniversary dates.
Item 4. During the past three years no insurer has canceled insurance, issued to the named insured, similar to that afforded hereunder, unless
otherwise stated herein: NO EXCEPTIONS
:10pS_ GILLESPIE,
Countersigned at HUNTINGTON BEACH,CALIFORNIA BY
on MARCH 4th, 1965
AUTHORIZE EPRESENTATIVE
Form X1BOOlh 3M 1163
Rev. 61 62
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a o COMPREHENSIVE LIABILITY POLICY
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c Z = Address HUNTINGTON BEACH CALIFORNIA
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PFICJ ' DEMNiy 0(® MAP
LOS ANGELES 54, CALIFORNIA
(A stock insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon
the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy:
INSURING AGREEMENTS
I Coverage A—Bodily Injury Liability III Definition of Insured
To pay on behalf of the insured all sums which the insured shall The unqualified word "insured" includes the named insured bnd
become legally obligated to pay as damages because of bodily injury, also includes (1) under coverages A and C, except with respect to
sickness or disease, including death at any time resulting therefrom, the ownership, maintenance or use of automobiles while away from
sustained by any person. premises owned, rented or controlled by the named insured or the
ways immediately adjoining, any executive officer, director or stock-
Coverage B—Property Damage Liability—Automobile holder thereof while acting within the scope of his duties as such,
and any organization or proprietor with respect to real estate manage-
To pay on behalf of the insured all sums which the insured shall ment for the named insured, and if the named insured is a partner-
become legally obligated to pay as damages because of injury to or ship, the unqualified word "insured" also includes any partner
destruction of property, including the loss of use thereof, caused by therein but only with respect to his liability as such, and (2) under
accident and arising out of the ownership, maintenance or use of any coverages A and B, any person while using an owned automobile or
automobile. a hired automobile and any person or organization legally respon-
sible for the use thereof, provided the actual use of the automobile
Coverage C—Property Damage Liability—Except Automobile is by the named insured or with his permission, and any executive
To pay on behalf of the insured all sums which the insured shall officer of the named insured with respect to the use of a non-owned
automobile in the business of the named insured. The insurance
become legally obligated to pay as damages because of injury to or with respect to any person or organization other than the named
destruction of property, including the loss of use thereof, caused by insured does not apply under division (2) of this insuring agreement:
accident.
(a) with respect to an automobile while used with any trailer owned
II Defense, Settlement, Supplementary Payments or hired by the insured and not covered by like insurance in the
company; or with respect to a trailer while used with any auto-
With respect to such insurance as is afforded by this policy, the mobile owned or hired by the insured and not covered by like
company shall: insurance in the company;
(a) defend any suit against the insured alleging such injury, sick- (b) to any person or organization, or to any agent or employee
ness, disease or destruction and seeking damages on account thereof, operating an automobile sales agency, repair shop,
thereof, even if such suit is groundless, false or fraudulent; but service station, storage garage or public parking place, with
the company may make such investigation, negotiation and set- respect to any accident or occurrence arising out of the operation
tlement of any claim or suit as it deems expedient; thereof, but this provision does not apply to a resident of the
(b)(1)pay all premiums on bonds to release attachments for an amount same household as the named insured, to a partnership in which
such resident or thenot in excess of the applicable limit of liability of this policy, allnamed insured is a partner, or to any
premiums on appeal bonds required in any such defended suit, partner, agent or employee of such resident or partnership;
the cost of bail bonds required of the insured in the event of (c) to any employee with respect to injury to or sickness, aisease or
automobile accident or occurrence or automobile traffic law death of another employee of the same employer injured in the
violation during the policy period, not to exceed $100 per bail course of such employment in an occurrence arising out of the
bond, but without any obligation to apply for or furnish any maintenance or use of an automobile in the business of such
such bonds; employer;
(2)pay all expenses incurred by the company, all costs taxed (d) with respect to any hired automobile, to the owner, or a lessee
thereof other than the named insured, or to any agent or employee against the insured in any such suit and all interest accruing
after entry of judgment until the company has paid or tendered of such owner or lessee;
or deposited in court such part of such judgment as does not (e) with respect to any non-owned automobile, to any executive
exceed the limit of the company's liability thereon; officer if such automobile is owned by him or a member of the
(3)pay expenses incurred by the insured for such immediate same household.
medical and surgical relief to others as shall be imperative at
the time of the injury; IV Policy Period,Territory.
(4)reimburse the insured for all reasonable expenses, other than This policy applies only to accidents or occurrences which occur
loss of earnings, incurred at the company's request; during the policy period within North America, Hawaii and the
territories or possessions of the United States. With respect to auto-
and the amounts so incurred, except settlements of claims and suits, mobiles this policy also applies to accidents or occurrences which
are payable by the company in addition to the applicable limit of occur during the policy period while the automobile is being trans-
liability of this policy. ported between ports thereof.
EXCLUSIONS
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement (h) under coverage B, to injury to or destruction of property owned or
except under coverages A and C, (1) a contract as defined herein transported by the insured, or property rented to or in charge of
or (2) as respects the insurance which is afforded for the Products the insured other than a residence or private garage injured or
Hazard as defined, a warranty of goods or products; destroyed by a private passenger automobile covered by this
(b) to injury, sickness, disease, death or destruction due to war, policy;
whether or not declared, civil war, insurrection, rebellion or revolu- (i) under coverage C, except with respect to operations performed by
tion, or to any act or condition incident to any of the foregoing, with independent contractors and except with respect to liability assumed
respect to (1) liability assumed by the insured under any contract by the insured under a contract as defined herein, to the owner-
or agreement or (2) expenses under Insuring Agreement II (b) (3); ship, maintenance, operation, use, loading or unloading of auto-
(c) under coverages A and C, to any obligation for which the insured mobiles if the accident occurs away from premises owned by,
may be held liable in an action on a contract or an agreement by rented to or controlled by the named insured or the ways iinmedi-
a person not a party thereto; ately adjoining;
(d) under coverages A and C, except with respect to operations per- (j) under coverage C, to injury to or destruction of (1) property owned
formed by independent contractors and except with respect to lia- or occupied by or rented to the insured, or (2) except with respect
bility assumed by the insured under a contract as defined herein, to liability under sidetrack agreements covered by this policy, prop-
to the ownership, maintenance, operation, use, loading or unloading erty used by the. insured, or (3) except with respect to liability
of (I) watercraft if the accident or occurrence occurs away from under such sidetrack agreements or the use of elevators or esca-
premises owned by, rented to or controlled by the named insured, lators at premises owned by, rented to or controlled by the named
except insofar as this part of this exclusion is stated in this policy insured, property in the care, custody or control of the insured or
to be inapplicable, or(2) aircraft; property as to which the insured for any purpose is exercising
(e) under coverages A and C, to liability imposed upon the insured or physical control, or (4) any goods, products or containers thereof
any indemnitee,as a person or organization engaged in the business thenuf insured,d, sold, handled o distributed by or premisesth alienatede d,
of manufacturing, selling or distributing alcoholic beverages, or as the named or work completed by for the named insured,
an owner or lessor ofpremises used for such out of which the accident arises;
purposes, by reason
of any statute or ordinance pertaining to the sale, gift, distribution (k) under coverage C,to injury to or destruction of buildings or property
or use of any alcoholic beverage; therein, wherever occurring, arising out of any of the following
(f) under coverage A, to any obligation for which the insured or any causes,if such cause occurs on or from premises owned by or rented
carrier as his insurer may be held liable under any workmen's corn- to the named insured: (1) the discharge, leakage or over-flow of
pensation, unemployment compensation or disability benefits law, water or steam from plumbing, heating, refrigerating or air-condi-
or under any similar law; tioning systems, standpipes for fire hose, or industrial or domestic
appliances, or any substance from automatic sprinkler systems, (2)
(g) under coverage A, except with respect to liability assumed by the the collapse or fall of tanks or the component parts or supports
insured under a contract as defined herein, to bodily injury to or thereof which form a part of automatic sprinkler systems, dr (3)rain
sickness, disease or death of any employee of the insured arising or snow admitted directly to the building interior through defective
out of and in the course of his employment by the insured,other than roofs,leaders or spouting,or open or defective doors,windows,sky-
a domestic employee whose injury arises out of an automobile lights, transoms or ventilators; but this exclusion does not apply to
covered by this policy and for whose injury benefits in whole or in loss due to fire,to the f-elevators or escalators or to operations
part are not payable or required to be pr under any work- performed by indep contractors.
men's compensation law;
•
No. 10
A.P. AUDIT
R.P.
In consideration of an Additional Premium to be
determined by Audit, it is agreed that
CITY OF HUNTINGTON BEACH ITS
OFFICERS, AGENTS AND EMPLOYEES
are Additional Insureds under this policy, BUT ONLY
AS RESPECTS work performed for said City by the
named insured.
It is further agreed that this policy may not be
cancelled by the Company, nor the amount of
coverage thereof reduced until THIRTY (30) DAYS
after the City of Huntington Beach shall have
received written notice of cancellation or
reduction of coverage as evidenced by return
receipt of registered letter.
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY FEBRUARY 20th, 1965
POLICY NUMBER EFFECTIVE DATE
DUPLICATE JACK'S BEACH CONCW.SSTOhI_FT—AL ( "'``-}
INSURED h
1�
4/15/65 JONES..GTT.T,FSPI `
DATE OF ISSUE PRODUCER i
O.D. 2/20/65
S` :BDC AUTHORIZED REPRESENTATIVE
Form 1A027a 150M 1264 DO NOT USE THIS SPACE-FOR HOME OFFICE USE ONLY
LINE KIND BRKOE STATE CITY CLASS LINE GROSS PREMIUM GROSS PREM.CANC'D COMM.RATE
No. $
• LIMITATION OF ADDITIONAL INTERESTS A.P.
LOADING AND UNLOADING ENDORSEMENT R.P. 4
(To be used with LAC Policy)
(California Only)
It is agreed that insurance for coverage A and coverage B does not apply to any person for injury, sickness,
disease, death or destruction which arises out of the loading or unloading of an automobile if the accident occurs
on premises (including the ways immediately adjoining) owned, rented or controlled either by the person or by
the employer of the person against whom claim is made or suit is brought for such injury, sickness, disease,
death or destruction, and if there is other valid and collectible insurance applicable to the same loss covering
such person as a named insured or as an agent or an employee of a named insured under a policy with bodily
injury limits of not less than $10,000 "each person" and $20,000 "each occurrence," and property damage limits
of not less than $5,000 "each accident" exclusive of interest and costs. In such event this policy shall not be
construed as providing cumulative or concurrent coverage and only that policy which covers the liability of such
person as a named insured, or as an agent or an employee of a named insured shall apply. In the event there is
no such other valid and collectible insurance the coverage afforded such person shall be limited to $10,000 "each
person" and $20,000 "each occurrence" for bodily injury liability and $5,000 "each accident" for property dam-
age liability.
This limitation does not apply with respect to claims made or suits brought against the following insureds:
(a) the named insured, or his agent or employee, or, if the named insured is an individual, his spouse, if a
resident of the same household;
(b) a bailee or borrower of the automobile or an employee of either of them;
(c) if the named insured is classified and rated as a truckman, any person or organization, or any agent or
employee thereof, engaged in the business of transporting property by automobile for the named insured
or for others; subject nevertheless to the limitations of any endorsement made a part of the policy
and specifically applicable to truckmen;
(d) any other person or organization but only with respect to his or its liability because of acts or omis-
sions of any insured under (a), (b) or (c) above.
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168531. of PACIFIC INDEMNITY COMPANY
POLICY NUMBER EFFECTIVE DATE
DUPLICATE INSURED
DATE OF ISSUE ,IC; I44AESP(IE,
FAY
AU ORIZED PRESENTATIVE
Form 1B098 1OM 265 DO NOT USE THIS SPACE-FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM GROSS PREM.CANC'D COMM.RATE
No. 7 •
A.P.
• USE OF OTHER AUTOMOBILES ENDORSEMENT R.P.
Broad Form
(Individuals, Employees or Partners)
(To be used with ELAC and LAC Policies)
It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability,for Property Damage Liability and for Auto-
mobile Medical Payments with respect to any owned automobile applies with respect to any other automobile,subject to the following
provisions:
1. Definition of Insured. With respect to the insurance for Bodily Injury Liability and for Property Damage Liability the unquali-
fied word "insured" includes
(a) each individual named below and the spouse of such individual if a resident of the same household, and
(b) any other person or organization legally responsible for the use by such named individual or spouse of an automobile not
owned or hired by such other person or organization.
Insuring Agreement III, Definition of Insured, does not apply to this insurance.
2. Exclusions. This endorsement does not apply:
(a) to any employee with respect to injury to or sickness, disease or death of another employee of the same employer injured in
the course of such employment in an accident arising out of the maintenance or use of the automobile in the business of
such employer;
(b) if the individual named below is an employee, to the employer of such individual;
(c) if the individual named below is a partner, to the partnership of which such individual is a member;
(d) to any automobile owned by such named individual or a member of the same household other than a private chauffeur or
domestic servant of the named individual or spouse;
(e) to any automobile while used in a business or occupation of the named individual or spouse, unless operated or occupied by
such named individual, spouse, private chauffeur or domestic servant;
(f) to any accident arising out of the operation of an automobile sales agency,repair shop, service station, storage garage or pub-
lic parking space;
(g) with respect to division 1 of Automobile Medical Payments, unless the injury results from the operation of such other auto-
mobile by such named individual or spouse or on behalf of either by such private chauffeur or domestic servant or from the
occupancy of said automobile by such named individual or spouse or while the automobile is used as a public or livery con-
veyance.
3. Other Insurance. This insurance shall be excess insurance over any other valid and collectible insurance for Bodily Injury Lia-
bility, for Property Damage Liability and for Automobile Medical Payments.
4. The insurance afforded because of naming herein any person is only with respect to such and so many of the following cover-
ages as are indicated by specific premium charge or charges for such person.
Premium
Bodily Injury Property Damage Automobile
Name of Individual: Liability Liability Medical Payments
JACK CLAPP INCLUDED INCLUDED INCLUDED
Total Premium$ INCLUDED IN POLICY PREMIUM
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date
of the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY
POLICY NUMBER EFFECTIVE DATE /
�I �p _ INSURED . Oi244 ' +.:i w.L ESPIc ii�p/�t., Ittl
CATS' , _ CC
DATE OF ISSUE AUTHORIZED ESENTATIVE
Form 1 C015c 25M 464
A204f DO NOT USE THIS SPACE—FOR NOME OFFICE USE ONLY
LINE KIND CITY CLASS LINE GROSS PREMIUM GROSS PREM.CANC'D. COMM.RATE
No. 6
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT •
•
(Broad Form)
It is agreed that the policy does not apply:
• I. Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with respect to which an insured under the 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
(b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization
is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,
or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of Amer-
ica, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof,
with any person or organization.
II. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to immediate medical
or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous
properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.
III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of
nuclear material,if
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been
discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts
or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if
such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c)
applies only to injury to or destruction of property at such nuclear facility.
IV. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct 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 (1) containing byproduct material and (2) resulting from the operation by any person
or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility"means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling, processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the
total amount of such material in the custody of the insured at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for
such operations;
"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;
With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive
contamination of property.
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534. of PACIFIC INDEMNITY COMPANY -
POLICY NUMBER EFFECTIVE DATE
DUPLICATE
INSURED
3ONF-h. GILLESPIE, 4NO
Form IC042a 150M 563 AUTH 1 ED REP TA E____.____..-
A&G 661a DO NOT USE THIS SPACE-FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM OSS PREM.CANC'D. COMM.RATE
No. 5 •
INDIVIDUAL FAMILY AUTOMOBILE
MATERIAL DAMAGE COVERAGE ENDORSEMENT
(To be used only with LAC Policy)
This endorsement applies only to private passenger automobiles, farm automobiles, utility automobiles, or trailers, each as defined
herein.
SCHEDULE
Named Insured Individual:
The insurance afforded applies only with respect to such of the following coverages as are indicated. The limit of the company's
liability against each such coverage shall be as stated herein, subject to all the terms of this endorsement having reference thereto.
COVERAGES LIMITS OF LIABILITY Insert"Covered"
or"Not Covered"
$ ACTUAL CASH VALUE
D (1) Comprehensive—Excluding Collision (Insert amount or"Aotual Cash Value") } COVERED
(2) Personal Effects $100
E Collision Actual Cash Value less
$ 50.00 deductible COVERED
The total number of private passenger, farm and utility automobiles and trailers owned on the effective date of this endorsement by
the named insured individual does not exceed the number of such automobiles described below, unless otherwise stated herein:
Description of owned automobile or trailer:
Year of Body Type; Identification Number Purchased
Model Trade Name Model Serial Number or
Motor Number Month,Year New or Used
OWNED AJTOMOBILES OF: JACK K. CLAPP
INSURING AGREEMENTS
The company agrees with the named insured: (b) to pay general average and salvage charges for which the
insured becomes legally liable, as to the automobile being
Coverage D (1)—Comprehensive—Excluding Collision transported.
(2)—Personal Effects Definitions: "named insured" means the individual named above
(1) To pay for loss caused other than by collision to the owned and also includes his spouse, if a resident of the same
automobile or to a non-owned automobile. For the purpose household;
of this coverage, breakage of glass and loss caused by "insured" means
missiles, falling objects, fire, theft or larceny, explosion, (a) with respect to an owned automobile,
earthquake, windstorm, hail, water, flood, malicious mischief (1) the named insured, and
or vandalism,riot or civil commotion,or colliding with a bird (2) anyperson or organization (other than a
or animal, shall not be deemed to be loss caused by collision. g person
or organization employed or otherwise engaged
(2) To pay for loss caused by fire or lightning to robes, wearing in the automobile business or as a carrier or other
apparel and other personal effects which are the property of bailee for hire) maintaining, using or having
the named insured or a relative, while such effects are in or custody of said automobile with the permission of
upon the owned automobile. the named insured and within the scope of such
permission;
Coverage E—Collision: To pay for loss caused by collision to (b) with respect to a non-owned automobile, the named
the owned automobile or to a non-owned automobile but only for insured and any relative while using such automobile,
the amount of each such loss in excess of the deductible amount provided his actual operation or (if he is not operat-
stated in the schedule as applicable hereto. The deductible ing) the other actual use thereof is with the permission,
amount shall not apply to loss caused by a collision with another or reasonably believed to be with the permission, of
automobile insured by the company. the owner and is within the scope of such permission.
Supplementary Payments: In addition to the applicable limit of "relative" means a relative of the named insured who is a
liability: resident of the same household;
(a) to reimburse the insured for transportation expenses in- "owned automobile"means
curred during the period commencing 48 hours after a theft
covered by this endorsement of the entire automobile has (a) a private passenger, farm or utility automobile or
been reported to the company and the police, and termite- trailer described in this endorsement for which the
ating when the automobile is returned to use or the company word "Covered" indicates that coverage is afforded,
pays for the loss; provided that the company shall not be (b) a private passenger, farm or utility automobile or
obligated to pay aggregate expenses in excess of $10 per day trailer ownership of which is acquired by the named
or totaling more than $300. insured during the endorsement period, provided
(OVER)
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date
of the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY
POLICY NUMBER EFFECTIVE DATE
OUPLI CAM
INSURED t ( fir., ^
JbNE
AUTHORIZED RESENTATIVE
Form 1B057c 30M 364
(Rev. 1-1-631 DO NOT USE THIS SPACE—FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM GROSS PREM.CANC'D. COMM.RATE
(1) it replaces an owned automobile as defined in (a) "utility automobile" means an automobile, other than a
above,or farm automobile, with a load capacity of fifteen hundred
(2) the company insures all private passenger, farm pounds or less of the pick-up body, sedan delivery or
and utility automobiles and trailers owned by the panel truck type not used for business or commercial
named insured on the date of such acquisition and purposes;
the named insured notifies the company during the "loss" means direct and accidental loss of or damage to
endorsement period or within 30 days after the (a) the automobile, including its equipment, or (b) other
date of such acquisition of his election to make insured property;
this and no other policy issued by the company "collision" means collision of an automobile covered by
applicable to such automobile or trailer; this endorsement with another object or with a vehicle to
"temporary substitute automobile" means any automobile which it is attached or by upset of such automobile;
or trailer, not owned by the named insured, while tem-. "trailer" means a trailer designed for use with a private
porarily used with the permission of the owner as a passenger automobile, if not being used for business or
substitute for the owned automobile when withdrawn from commercial purposes with other than a private passenger,
normal use because of its breakdown, repair, servicing, farm or utility automobile, and if not a home, office, store,
loss or destruction; display or passenger trailer;
"non-owned automobile" means a private passenger auto- "automobile business" means the business or occupation
mobile or trailer not owned by or furnished for the regular of selling, repairing, servicing, storing or parking auto-
use of either the named insured or any relative, other than mobiles;
a temporary substitute automobile, while said automobile "war" means war, whether or not declared, civil war, in-
or trailer is in the possession or custody of the insured or surrection, rebellion or revolution, or any act or condition
is being operated by him; incident to any of the foregoing.
"private passenger automobile"means a four wheel private
passenger, station wagon or jeep type automobile; Endorsement Period, Territory: This endorsement applies only
"farm automobile" means an automobile of the truck type to loss which occurs on and after the effective date hereof, during
with a load capacity of fifteen hundred pounds or less not the policy period while the automobile is within North America
used for business or commercial purposes other than farm- or any territories or possessions of the United States, or is being
ing; transported between ports thereof.
EXCLUSIONS
This endorsement does not apply: (e) to damage which is due and confined to wear and tear, freez-
(a) to any automobile while used as a public or livery conveyance; ing, mechanical or electrical breakdown or failure, unless
(b) to loss due to war; such damage results from a theft covered by this endorse-
ment;
(c) to loss to a non-owned automobile arising out of its use by (f) to tires, unless damaged by fire, malicious mischief or van-
the insured while he is employed or otherwise engaged in the dalism, or stolen, or unless the loss be coincident with and
automobile business; from the same cause as other loss covered by this endorse-
(d) to loss to a private passenger, farm or utility automobile or ment;
trailer owned by the named insured and not described in this (g) to loss due to radioactive contamination;
endorsement or to any temporary substitute automobile
therefor, if the insured has other valid and collectible in- (h) under coverage E, to breakage of glass if insurance with
surance against such loss; respect to such breakage is otherwise afforded.
CONDITIONS
In addition to the following conditions, conditions 11, 15, 17, 19 and 20 of the policy are applicable to this endorsement.
1. Premium: If the named insured disposes of, acquires owner- (c) file with the company, within 91 days after loss, his sworn
ship of or replaces a private passenger,farm or utility automobile proof of loss in such form and including such information
or a trailer, any premium adjustment necessary shall be made as as the company may reasonably require and shall, upon
of the date of such change in accordance with the manuals in the company's request, exhibit the damaged property and
use by the company. The named insured shall, upon request, submit to examination under oath.
furnish reasonable proof of the number of such automobiles or 7. Appraisal: If the insured and the company fail to agree as to
trailers and a description thereof. the amount of loss, either may, within 60** days after proof of
2. Limit of Liability: The limit of the company's liability for loss if filed, demand an appraisal of the loss. In such event, the
loss shall not exceed the actual cash value of the property, or if insured and the company shall each select a competent appraiser,
the loss is of a part thereof the actual cash value of such part, and the appraisers shall select a competent and disinterested
at time of loss, nor what it would then cost to repair or replace umpire. The appraisers shall state separately the actual cash
the property or such part thereof with other of like kind and value and the amount of loss and failing to agree shall submit
quality, nor, with respect to an owned automobile described in their differences to the umpire. An award in writing of any two
this endorsement, the applicable limit of liability stated in the shall determine the amount of loss. The insured and the com-
schedule; provided, however, the limit of the company's liability pany shall each pay his chosen appraiser and shall bear equally
(a) for loss to personal effects arising out of any one occurrence the other expenses of the appraisal and umpire.
is $100, and (b) for loss to any trailer not owned by the named The company shall not be held to have waived any of its rights
insured is$500. y 1 : ) i i ) .by any(act relating to appraisal.
3. Two or More Automobiles: When two or more automobiles
are insured hereunder, the terms of this endorsement shall apply 8. Payment of Loss: The company may pay for the loss in
separately to each, but an automobile and a trailer attached money;or may repair or replace the damaged or stolen property;
thereto shall be held to be separate automobiles as respects or may, at any time before the loss is paid or the property is so
limits of liability, including any deductible provisions. replaced, at its expense return any stolen property to the named
4. Assistance and Cooperation of the Insured: The insured shall insured, or at its option to the address shown in the policy, with
payment for any resultant damage thereto; or may take all or
cooperate with the company and, upon the company's request such part of the property at the agreed or appraised value but
assist in making settlements, in the conduct of suits and in there shall be no abandonment to the company. The company
enforcing any right of contribution or indemnity against any may settle any claim for loss either with the insured or the
person or organization who may be liable to the insured because owner of the property.
of loss with respect to which insurance is afforded under this
endorsement; and the insured shall attend hearings and trials and 9. No Benefit to Bailee: The insurance afforded by this endorse-
assist in securing and giving evidence and obtaining the attend- ment shall not epure directly or indirectly to the benefit c f any
ance of witnesses. The insured shall not, except at his own cost, carrier or other bailea for hire liable for loss to the)automobile.
voluntarily make any payment, assume any obligation or incur 10. Other Insurance: If the insured has other insurance against
any expense. a loss covered by this endorsement, the company shall not be
5. Action Against Company: No action shall lie against the liable under this endorsement for a greater proportion of,such
company unless, as a condition precedent thereto, there shall loss than the applicable limit of liability of thi9 endorsement
have been full compliance with all the terms of this endorsement bears to the'tbtal 'aPj licabl'e limit df liability of all valid and
nor until thirty days after proof of loss is filed and the amount collectible insurance against such loss; provided, however, the
of loss is determined as provided in this endorsement. insurance with respect to a temporary substitute automobile or
6. Insured's Duties in Event of Loss: In the event of loss the non-owned automobile shall be excess insurance over any other
insured shall: valid and collectible insurance.
*(a) protect the automobile, whether or not the loss is covered 11. Assignment: Assignment of interest under this endorsement
by this endorsement, and any further loss due to the shall not bind the company until its consent is endorsed hereon;
insured's failure to protect shall not be recoverable under if, however, the insured named herein, or his spouse if a resident
this endorsement; reasonable expenses incurred in afford- of the same household, shall die, this endorsement shall cover
ing such protection shall be deemed incurred at the com- (1) the survivor as named insured, (2) his legal representative
pany's request; as named insured but only while acting within the scope of his
(b) give notice thereof as soon as practicable to the company duties as such, and (3) any person having proper temporary
or any of its authorized agents and also, in the event of custody of an owned automobile,as an insured, until the appoint-
theft, to the police; ment and qualification of such legal representative.
*In the State of Kansas, paragraph (a) of Condition 6 is replaced by the following:
(a) use every reasonable means to protect the automobile (whether or not the loss is covered by this endorsement) from any
further loss; reasonable expenses incurred in affording such protection shall be deemed incurred at the company's request;,
*#Thirty days in the State of Kansas.
Form 1B057c 30M 364
(Rev. 1-1-63)
FAMILY PROTECTION COVERAGE ENDORSEMENT No. 4 •
(Automobile Bodily Injury Liability) A.P.
(California) R.P.
(To be used with policies affording Automobile Bodily Injury Liability coverage)
In consideration of the payment of the premium for this endorsement and subject to all of the terms of this endorsement,the company
agrees with the named insured as follows:
INSURING AGREEMENTS
I. Damages for Bodily Injury Caused by Uninsured Automobiles
The company will pay all sums which the insured or his legal representative shall be legally entitled to recover as damages
from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death result-
ing therefrom, hereinafter called "bodily injury", sustained by the insured, caused by accident and arising out of the owner-
ship, maintenance or use of such uninsured automobile; provided, for the purposes of this endorsement, determination as to
whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be
made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.
No judgment against any person or organization alleged to be legally responsible for the bodily injury shall be conclusive, as
between the insured and the company, of the issues of liability of such person or organization or of the amount of damages to
which the insured is legally entitled unless such judgment is entered pursuant to an action prosecuted by the insured with the
written consent of the company.
II. Definitions
(a) "insured"means:
(1) the named insured as stated in the policy (herein also referred to as the "principal named insured") and any person
designated as named insured in the schedule and, while residents of the same household, the spouse of any such named
insured and relatives of either;
(2) any other person while occupying an insured automobile; and
(3) any person, with respect to damages he is entitled to recover because of bodily injury to which this endorsement
applies sustained by an insured under (1) or (2) above.
The insurance applies separately with respect to each insured, but the application of the insurance to more than one insured
shall not operate to increase the limits of the company's liability.
(b) "insured automobile" means an automobile:
(1) described in the schedule as an insured automobile to which the bodily injury liability coverage of the policy applies;
(2) while temporarily used as a substitute for an insured automobile as described in subparagraph (1) above, when with-
drawn from normal use because of its breakdown, repair, servicing, loss or destruction;
(3) while being operated by a named insured or by his spouse if a resident of the same household;
but the term "insured automobile" shall not include:
(i) an automobile while used as a public or livery conveyance;
(ii) an automobile while being used without the permission of the owner;
(iii) under subparagraphs (2) and (3) above, an automobile owned by the principal named insured or by any named insured
designated in the schedule or by any resident of the same household as such insured; or
(iv) under subparagraphs (2) and (3) above, an automobile furnished for the regular use of the principal named insured or
any resident of the same household.
(c) "uninsured automobile"means:
(1) an automobile with respect to the ownership, maintenance or use of which there is,in at least the amounts specified by
the financial responsibility law of the state in which the insured automobile is principally garaged, no bodily injury
liability bond or insurance policy applicable at the time of the accident with respect to any person or organization
legally responsible for the use of such automobile, or with respect to which there is a bodily injury liability bond or
insurance policy applicable at the time of the accident but the company writing the same denies coverage hereunder; or
(2) a hit-and-run automobile as defined;
but the term "uninsured automobile" shall not include:
(i) an insured automobile,
(ii) an automobile which is owned or operated by a self-insurer within the meaning of any motor vehicle financial respon-
sibility law,motor carrier law or any similar law,
(iii) an automobile which is owned by the United States of America, Canada, a state, a political subdivision of any such
government or an agency of any of the foregoing,
(iv) a land motor vehicle or trailer if operated on rails or crawler-treads or while located for use as a residence or premises
and not as a vehicle, or
(v) a farm type tractor or equipment designed for use principally off public roads,except while actually upon public roads.
(d) "hit-and-run automobile" means an automobile which causes bodily injury to an insured arising out of physical contact of
such automobile with the insured or with an automobile which the insured is occupying at the time of the accident,provided:
(1) there cannot be ascertained the identity of either the operator or owner of such "hit-and-run automobile"; (2) the
insured or someone on his behalf shall have reported the accident within 24 hours to a police, peace or judicial officer or to
the Commissioner of Motor Vehicles, and shall have filed with the company within 30 days thereafter a statement under
oath that the insured or his legal representative has a cause or causes of action arising out of such accident for damages
against a person or persons whose identity is unascertainable,and setting forth the facts in support thereof; and (3) at the
company's request, the insured or his legal representative makes available for inspection the automobile which the insured
was occupying at the time of the accident.
(e) Occupying. The word "occupying" means in or upon or entering into or alighting from.
(f) State.The word "state"includes the District of Columbia, a territory or possession of the United States, and a province of
Canada.
SCHEDULE
Designation of named insured for purposes of this endorsement [see Insuring Agreement II(a)]
Limits of Liability: $ 10 QQQ• each person; $ 20 QQQ each accident.
The advance premium for this endorsement is $ INCLUDED IN POLICY PREMIUM
Description of Insured Automobiles
Check appropriate box
O Any automobile owned by the principal named insured
• Any private passenger type automobile owned by the principal named insured
• Any automobile to which are attached Dealer's Automobile Registration Plates issued in the name of the principal named
insured
Any automobile designated in the declarations of the policy by the letters "FP" and an automobile ownership of which is
acquired during the policy period by the principal named insured as a replacement therefor
(over)
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY FEBRUARY 20th, 1965 -
POLICY NUMBER EFFECTIVE DATE
DUPLICATE JACK'S BEACH CONCESSION, ET AL
INSURED 1�LESPI , IN
tA
BY
2A091a 75M 264 AUT ORIZED REPRESENTATIVE
A 615b DO NOT USE THIS SPACE—FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM GROSS PREM.GANG'D. COMM.RATE
III. Policy Period,Territory
This endorsement applies only to accidents which occur on and after the effective date hereof, during the policy period and
within the United States of America, its territories or possessions, or Canada.
EXCLUSIONS
This endorsement does not apply:
(a) to bodily injury to an insured with respect to which such insured, his legal representative or any person entitled to pay-
ment under this endorsement shall, without written consent of the company, make any settlement with any person or
organization who may be legally liable therefore;
(b) to bodily injury to an insured while occupying an automobile (other than an insured automobile) owned by a named insured
or any relative resident in the same household, or through being struck by such an automobile, but this exclusion does
not apply to the principal named insured or his relatives while occupying or if struck by an automobile owned by an
insured named in the schedule or his relatives;
(c) so as to inure directly or indirectly to the benefit of any workmen's compensation or disability benefits carrier or any
person or o ganization qualifying as a self-insurer under any workmen's compensation or'disability benefits latyor any
sirhila law.
CONDITIONS
1. Policy Provisions. None of the Insuring Agreements, Exclusions or Conditions of the policy shall apply to the insurance afforded
by this endorsement except the Conditions "Notice" or "Notice of Accident," "Changes," "Assignment," "Cancelation" and
"Declarations".
2. Premium. If during the policy period the number of insured automobiles owned by the principal named insured or spouse or
the number of dealer's license plates issued to the principal named insured changes, such named insured shall notify the company
during the policy period of any change and the premium shall be adjusted in accordance with the manuals in use by the company.
If the earned premium thus computed exceeds the advance premium paid, such named insured shall pay the excess to the com-
pany; if less, the company shall return to such named insured the unearned portion paid by such insured.
3. Proof of Claim;Medical Reports. As soon as practicable. the insured or other person making claim shall give to the company
written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment, and
other details entering into the determination of the amount payable hereunder. The insured and every other person making claim
hereunder shall submit to examinations under oath by any person named by the company and subscribe the same, as often as
may reasonably be required. Proof of claim shall be made upon forms furnished by the company unless the company shall have
failed to furnish such forms within 15 days after receiving notice of claim.
The injured person shall submit to physical examinations by physicians—srlected by the company when and as often as the
company may reasonably require and he, or in the event of his incapacity his legal representative, or in the event of his death his
legal representative Or the iperton or persons entitled to sue therefor, shall upon each request from the company execute authori-
zation to enable the company to obtain medical reports and copies of records.
4. Assistance and Cooperation of the Insured. After notice of claim under this endorsement, the company may require the insured
to take such action as may be necessary or appropriate to preserve his right to recover damages from any person or organization
alleged to be legally responsible for the bodily injury; and in any action against the company, the company may require the
insured to join such person or organization as a party defendant.
5. Notice of Legal Action. If, before the company makes payment of loss hereunder, the insured or his legal representative shall
institute any legal action for bodily injury against any person or organization legally responsible for the use of an automobile
involved in the accident, a copy of the summons and complaint or other process served in connection with such legal action shall
be forwarded immediately to the company by the insured or his legal representative.
6. Limits of Liability. (a) The limit of liability stated in the schedule as applicable to "each person" is the limit of the company's
liability for all damages, including damages for care or loss of services, because of bodily injury sustained by one person as the
result of any one accident and, subject to the above provision respecting each person, the limit of liability stated in the schedule
as applicable to "each accident" is the total limit of the company's liability for all damages, including damages for care or loss of
services, because of bodily injury sustained by two or more persons as the result of any one accident.
(b) Any loss payable under the terms of this coverage to or for any person shall be reduced by:
(1) the amount paid and the present value of all amounts payable to him under any workmen's compensation law, exclusive
of non-occupational disability benefits;
(2) amounts paid or payable to or for such person under any valid and collectible automobile insurance available to the
insured to afford benefits for medical expenses;
(3) the amount the insured is entitled to recover from any other person insured under the Bodily Injury Liability coverage
of this policy; and
(4) all sums paid by or on behalf of the owner or operator of the uninsured automobile and any other person or organiza-
tion jointly or severally liable together with such owner or operator for bodily injury to an insured.
7. Other Insurance. With respect to bodily injury to any insured occupying an automobile other than an owned automobile to
which the Bodily Injury Liability coverage applies, the insurance hereunder shall not apply if the owner of such automobile has
insurance similar to that provided for herein.
Subject to the preceding paragraph, if the insured has other similar insurance available to him, any damages shall be deemed
not to exceed the higher of the applicable limits of the respective coverages and such damages shall be pro-rated between such
coverages in such proportion as each coverage bears to the total of such limits.
8. Arbitration. If any person making claim hereunder and the company do not agree that such person is legally entitled to recover
damages from the owner or operator of an uninsured automobile because of bodily injury to the insured, or do not agree as to the
amount of payment which may be owing under this endorsement, then, upon written demand of either, the matter or matters
upon which such person and the company do not agree shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction
thereof.Such person and the company each agree to consider itself bound and to be bound by any award made by the arbitrators
pursuant to this endorsement.
9. Trust Agreement. In the event of payment to any person under this endorsement:
(a) the company shall be entitled to the extent of such payment to the proceeds of any settlement or judgment that may result
from the exercise of any rights of recovery of such person against any person or organization legally responsible for the
bodily injury because of which such payment is made;
(b) such person shall hold in trust for the benefit of the company all rights of recovery which he shall have against such other
person or organization because of the damages which are the subject of claim made under this endorsement;
(c) such person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights;
(d) if requested in writing by the company, such person shall take, through any representative designated by the company, such
action as may be necessary or appropriate to recover such payment as damages from such other person or organization, such
action to be taken in the name of such person; in the event of a recovery, the company shall be reimbursed out of such
recovery for expenses, costs and attorneys' fees incurred by it in connection therewith;
(e) such person shall execute and deliver to the company such instruments and papers as may be appropriate to secure the rights
and obligations of such person and the company established by this provision.
10. Payment of Loss by the Company. Any amount due hereunder is payable (a) to the insured, or (b) if the insured be a minor to
his parent or guardian, or (c) if the.insured be deceased to his surviving spouse, otherwise (d) to a person authorized by law to
receive such payment or to a person legally entitled to recover the damages which the payment represents; provided, the com-
pany may at its option pay any amount due hereunder in accordance with division (d) hereof.
11. Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, the insured or his
legal representative has fully complied with all the terms of this policy nor unless within one year from the date of the accident:
(a) suit for bodily injury has been filed against the uninsured motorist in a court of competent jurisdiction, or
(b) agreement as to the amount due under this coverage has been concluded, or
(c) the insured or his legal representative has formally instituted arbitration proceedings.
•
2A091a 75M 264
A 6151)
FAMILY AUTOMOBILE COVERAGE ENDORSEMENT No. 3
(Individual Named Insured) A.P.
(To be used only with LAC Policy) R.P.
Declarations
Item 1. Automobile medical payments insurance is afforded only if a specific premium charge is shown below. The limit of the
company's liability against such coverage shall be as stated herein, subject to all the terms of the policy reference thereto.
Coverage Limit of Liability Premium
Automobile Medical Payments $ 1,000.00 each person $ INCLUDED
Item 2. The total number of private passenger, farm and utility automobiles owned on the effective date of this policy by the
named insured does not exceed one, unless otherwise stated herein:
Description of Owned Automobile:
OWNED AUTOMOBILES OF: JACK K. CLAPP
It is agreed that:
I. Liability
Such insurance as is afforded by the policy under coverage A with respect to bodily injury arising out of the ownership,
maintenance or use of any automobile, and under coverage B applies, subject to the following provisions and the applicable
provisions of paragraph III:
1. Coverages A and B of Insuring Agreement I are replaced by the following:
Coverage A—Bodily Injury Liability—Automobile
Coverage B—Property Damage Liability—Automobile
To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because
of:
A. bodily injury, sickness or disease, including death resulting therefrom, hereinafter called "bodily injury," sustained by
any person;
B. injury to or destruction of property, including loss of use thereof, hereinafter called"property damage";
arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile.
The word "accident," when used in the policy with respect to such coverages, is amended to read "occurrence."
2. Insuring Agreement III is replaced by the following: •
Persons Insured. The following are insureds under coverages A and B:
(a) With respect to the owned automobile,
(1) the named insured and any resident of the same household,
(2) any other person using such automobile with the permission of the named insured, provided his actual operation
or (if he is not operating) his other actual use thereof is within the scope of such permission, and
(3) any other person or organization but only with respect to his or its liability because of acts or omissions of an in-
sured under (a)(1) or (2) above;
(b) With respect to a non-owned automobile,
(1) the named insured,
(2) any relative, but only with respect to a private passenger automobile or trailer,
provided his actual operation or (if he is not operating) the other actual use thereof is with the permission, or reason-
ably believed to be with the permission, of the owner and is within the scope of such permission, and
(3) any other person or organization not owning or hiring the automobile, but only with respect to his or its liability
because of acts or omissions of an insured under (b)(1) or (2) above.
3. The following definitions apply with respect to insurance under coverages A and B:
"named insured" means the individual named in Item 1 of the policy declarations and, except as used in the Cancelation
Condition, also includes his spouse, if a resident of the same household;
"insured" means a person or organization described under "Persons Insured";
"relative" means a relative of the named insured who is a resident of the same household;
"owned automobile" means
(a) a private passenger, farm or utility automobile described in this endorsement for which a specific premium charge
indicates that coverage is afforded,
(b) a trailer owned by the name insured,
(c) a private passenger, farm or utility automobile ownership of which is acquired by the named insured during the policy
period, provided -
(1) it replaces an owned automobile as defined in (a) above, or
(2) the company insures all private passenger, farm and utility automobiles owned by the named insured on the
date of such acquisition and the named insured notifies the company during the policy period or within 30 days
after the date of such acquisition of his election to make this and no other policy issued by the company ap-
plicable to such automobile, or
(d) a temporary substitute automobile;
"temporary substitute automobile" means any automobile or trailer, not owned by the named insured, while temporarily
used with the permission of the owner as a substitute for the owned automobile or trailer when withdrawn from normal use
hecance of its hreakrIn n renair servirino- lncs nr dectrii rtinn•
"insured" means a person or organization described under "Persons Insured";
"relative" means a relative of the named insured who is a resident of the same household;
"owned automobile" means
(a) a private passenger, farm or utility automobile described in this endorsement for which a specific premium charge
indicates that coverage is afforded,
(b) a trailer owned by the name insured,
(c) a private passenger, farm or utility automobile ownership of which is acquired by the named insured during the policy
period, provided
(1) it replaces an owned automobile as defined in (a) above, or
(2) the company insures all private passenger, farm and utility automobiles owned by the named insured on the
date of such acquisition and the named insured notifies the company during the policy period or within 30 days
after the date of such acquisition of his election to make this and no other policy issued by the company ap-
plicable to such automobile, or
(d) a temporary substitute automobile;
"temporary substitute automobile" means any automobile or trailer, not owned by the named insured, while temporarily
used with the permission of the owner as a substitute for the owned automobile or trailer when withdrawn from normal use
because of its breakdown, repair, servicing, loss or destruction;
"non-owned automobile" means an automobile or trailer not owned by or furnished for the regular use of either the named
insured or any relative, other than a temporary substitute automobile;
"private passenger automobile" means,a four wheel private passenger, station wagon or jeep type automobile;
"farm automobile" means an automobile of the truck type with a load capacity of fifteen hundred pounds or less not used
for business or commercial purposes other than farming;
"utility automobile" means an automobile, other than a farm automobile, with a load capacity of fifteen hundred pounds or
less of the pick-up body, sedan delivery or panel truck type not used for business or commercial purposes;
• "trailer" means a trailer designed for use with a private passenger automobile, if not being used for business or commercial
purposes with other than a private passenger, farm or utility automobile, or a farm wagon or farm implement while used
with a farm automobile;
"automobile business" means the business.or occupation of selling, repairing, servicing, storing or parking automobiles;
"use" of an automobile includes the loading and unloading thereof;
"war" means war, whether or not declared, civil war, insurrection, rebellion or revolution, or any act or condition incident
to any of the foregoing.
4. The exclusions of the policy, except exclusion (g), are replaced by the following:
The policy does not apply, under coverages A and B: •
(a) to any automobile while used as a public or livery conveyance, but this exclusion does not apply to the named insured
with respect to bodily injury or property damage which results from the named insured's occupancy of a non-owned
automobile other than as the operator thereof;
(b) to bodily injury or property damage caused intentionally by or at the direction of the insured;
(c) to bodily injury or property damage with respect to which an insured under the 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;
(d) to bodily injury or property damage arising out of the operation of farm machinery;
(over)
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 1648534. of PACIFIC INDEMNITY COMPANY FEBRUARY 20th, 1965
POLICY NUMBER
EFFECTIVE DATE
JACK'S BEACH CONCESSION, ET AL
.,, INSURED
r Ai-Er
DATE OF ISSUE
PRODUCER
9� S It '.
Form 1B084 40M 1064 AurHORIzRE v _
P.C. 246b DO NOT USE THIS SPACE—FOR HOME OFFICE USE ONLY
i
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM Op S PREM.CANC.!, COMM.RATE
(e) to bodily injury to any fellow employee of the insured injured in the course of his employment if such injury arises
out of the use of an automobile in the business of his employer, but this exclusion does not apply to the named in-
sured with respect to injury sustained by any such fellow employee;
(f) to an owned automobile while used by any person while such person is employed or otherwise engaged in the auto-
mobile business, but this exclusion does not apply to the named insured, a resident of the same household as the
named insured, a partnership in which the named insured or such resident is a partner, or any partner, agent or em-
ployee of the named insured, such resident or partnership;
(g) to a non-owned automobile while maintained or used by any person while such person is employed or otherwise en-
gaged in
(1) the automobile business of the insured or'of any other person or organization,
(2) any other business or occupation of the insured, but this exclusion (g)(2) does not apply to a private passenger
automobile operated or occupied by tpf named ir}sured 9r)by;his pnvatre,chauffeur or domestic servant or a trailer
owned therewith or with in oned auto obile; l
•
(h) to injury to. r destruction of (1) property owned or transported by the insured or (2) property rented to or in charge
"r,(of tJ e'in r other than a residence or private garage; 1" i )Cl T
(i) to the ownership, maintenance, operation, use, loading or unloading of an automobile ownership of which is acquired
by the named insured during the policy period or any temporary substitute automobile therefor, if the named insured
has purchased other automobile liability insurance applicable to such automobile for which a specific premium charge
has been made;
(j) to bodily injury due to war, with respect to expenses under Insuring Agreement II(b)(3).
II. Automobile Medical Payments
Subject to the following provisions, to the policy insuring agreement "Policy Period, Territory" and to the provisions of
paragraph III, the company will pay all reasonable expenses incurred within one year from the date of accident for necessary
medical, surgical, X-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nurs-
ing and funeral services:
Division 1. To or for the named insured and each relative who sustains bodily injury, sickness or disease, including death
resulting therefrom, hereinafter called "bodily injury", caused by accident,
(a) while occupying the owned automobile,
(b) while occupying a non-owned automobile, but only if such person has, or reasonably believes he has, the permission
of the owner to use the automobile and the use is within the scope of such permission,or
(c) through being struck by an automobile or by a trailer of any type;
Division 2. To or for any other person who sustains bodily injury, caused by accident,while occupying
(a) the owned automobile, while being used by the named insured, by any resident of the same household or by any other
person with the permission of the named insured; or
(b) a non-owned automobile, if the bodily injury results from
(1) its operation or occupancy by the named insured or its operation on his behalf by his private chauffeur or domestic
servant, or
(2) its operation or occupancy by a relative, provided it is a private passenger automobile or trailer,
but only if such operator or occupant has, or reasonably believes he has, the permission of the owner to use the auto-
mobile and the use is within the scope of such permission.
1. Definitions. The definitions in paragraph I 3 apply to this insurance,and under this paragraph II:
"occupying" means in or upon or entering into or alighting from.
2. Exclusions. The insurance under this paragraph II does not apply to bodily injury:
(a) sustained while. occupying (1) an• owned automobile while used as a public or livery conveyance, or (2) any vehicle
while located for use as a residence or premises;
(b) sustained by the named insured or a relative while occupying or through being struck by (i) a farm type tractor or
other equipment designed for use principally off public roads, while not upon public roads, or (ii) a vehicle operated
on rails or crawler-treads;
(c) sustained by any person other than the named insured or a relative,
(1) while such person is occupying.a non-owned automobile while used as a public or livery•conveyance, or
(2) resulting from the maintenance or use of a non-owned automobile by such person while employed or otherwise
engaged in the automobile business, or
(3) resulting from the maintenance or use of a non-owned automobile by such person while employed or otherwise
engaged in any other business or occupation, unless the bodily injury results from the operation or occupancy of
a private passenger automobile by the named insured or by his private chauffeur or domestic'servant, or of a trailer
used therewith or with an owned automobile;
(d) sustained by any person who is employed in the automobile business, if the accident arises out of the'operation thereof
and if benefits therefor are in whole or in part either payable or required to be provided under any workmen's com-
pensation law;
(e) due to war.
on rails or crawler-treads;
(c) sustained by any person other than the named insured or a relative,
(1) while such person is occupying.a non-owned automobile while used as a public or livery,conveyance, or
(2) resulting from the maintenance or use of a non-owned automobile by such person while employed or otherwise
engaged in the automobile business, or
(3) resulting from the maintenance or use of a non-owned automobile by such person while employed or otherwise
engaged in any other business or occupation, unless the bodily injury results from the operation or occupancy of
a private passenger automobile by the named insured or by his private chauffeur or domestic'servant, or of a trailer
used therewith or with an owned automobile;
(d) sustained by any person who is employed in the automobile business, if the accident arises out of the'operation thereof
and if benefits therefor are in whole or in part either payable or required to be provided under any workmen's corn-
• pensation law;
(e) .due to war.
3. Limit of Liability. The limit of liability for automobile medical payments stated in the family automobile declarations as
applicable to "each person" is the limit of the company's liability for all expenses incurred by or on.behalf of each person
who sustains bodily injury as the result of any one accident.
4. Other Insurance. If there is other automobile medical payments insurance against a loss covered by this paragraph II the
company shall not be liable under this paragraph II for a greater proportion of such loss than the applicable limit of lia-
bility stated in the family automobile declarations bears to the total applicable limit of liability of all valid and collectible.
automobile medical payments insurance; provided, however, the insurance with respect to a temporary substitute automo-
bile or non-owned automobile shall be excess insurance over any other valid and collectible automobile medical payments•
insurance.
III. Conditions
Policy Conditions 10, 11, 17, 19 and 20 apply with respect to the insurance under coverages A and B and the automobile
medical payments coverage. Policy Conditions 4, 5, 8, 9, 12, 13, 14 (amended by substituting "a temporary substitute automo-
bile" for the words "any hired automobile insured on a cost of hire basis") and 15 apply only with respect to the insurance
under coverages A and B. All other Conditions are replaced by the following:
1. Premium If the named insured disposes of, acquires ownership of or replaces a private passenger, farm or utility automo-
bile any premium adjustment necessary shall be made as of date of such change in accordance with the manuals
in use by the company. The named insured shall, upon request, furnish reasonable proof of the number of such automobiles
and a description thereof.
2. Two or More Automobiles When two or more automobiles are •insured hereunder, the terms of the policy shall apply
separately to each, but an automobile and a trailer attached thereto shall be held to be one
automobile as respects limits of liability under coverages A and B.
3. Action Against Company No action shall lie against the company unless, as a condition precedent'thereto, there
Automobile Medical Payments shall have been full compliance with all'the terms of the policy.
4. Medical Reports, Proof and Payment of Claim As soon as practicable the injured person or someone on his behalf shall
Automobile'Medical Payments give to the company written proof of claim, under oath if required, and
shall, after each request from the company, execute authorization to en-
able 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 reasonably require.
The company may pay the injured person or any person or organization rendering the services and such'payment shall'
reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of liability of any
' person or, except hereunder, of the company.
5. Assignment Assignment of interest under the policy shall not bind the company until its consent is endorsed hereon; if,
however, the insured named in Item L of the policy declarations or his spouse if a resident of the same
household, shall die, the policy shall cover (1) the survivor as' named insured, (2) his legal representative as named insured
but only while acting within the scope of his duties as such, (3) any person having proper temporary custody of an owned
automobile, as an insured, until the appointment and qualification of such legal representative, and (4) under division 1 of
automobile medical payments any person who was a relative at the time of such death.
6. Cancelation by Company Limited After this policy has been in effect'for sixty days or, if the policy is a renewal, effective
Coverages A and B immediately, the company shall not exercise its right to cancel the insurance'afforded;
with respect to automobiles classified as private passenger automobiles under cover-
ages A and B unless:
1. the named insured fails to discharge when due any of his obligations in connection with the payment of premium for
this policy or any installment thereof whether payable directly or under any premium finance plan; or
2. the insurance was obtained through fraudulent misrepresentation; or
3. the insured violates any of the terms and conditions of the policy; or
4. the named insured or any other operator, either resident in the same household, or who customarily operates an auto-
mobile insured uncjer the bolity, ) ) j 1 r(
(a) has had his driver's license suspended or revoked during the policy period, or
(b) is or becomes subject to 'epilepsy or heart attacks, and such individual cannot produce a certificate from'a'phy-
sician testifying to his unqualified ability to operate a motor vehicle, or
(c) is or has been convicted of or forfeits bail, during the 36 months immediately preceding the, effective date of the
policy or during the policy period, for:
(1) any felony, or
(2) criminal negligence resulting in death, homi5ide o3 y.ssult, arising out of the operation of a(motor vehicle, or
(3) operating a motor vehicle while in an intoxicated condition or while under the influence of drugs, or •
(4) leaving the scene of an accident without stopping to report, or
(5) theft of a motor vehicle, or
(6) making false statements in an application for a driver's license, or
(7) a third violation, committed within a period of 18 months, of (i) any ordinance or regulation limiting the speed
of motor vehicles or (ii) any of the provisions in the motor vehicle laws of any state, the violation of which
constitutes a misdemeanor, whether or not the violations were repetitions of the same offense or were different
• offenses.
' 7. Family Automobile Declarations The declarations of this endorsement and Items, 1, 2 and 3 of the policy declarations
• apply to the insurance under coverages A and B and automobile medical payments.
Form 1B084 40M 1064
P.C. 246b
No. 2
COMPREHENSIVE PERSONAL LIABILITY ENDORSEMENT A.P.
• R.P. '
DECLARATIONS
Item 1. Named Insured JACK CLAPP
Address 222 LINCOLN STREET, HUNTINGTON BEACH, ORANGE, CALIFORNIA
(No. Street City Zone County State)
The principal residence premises are located at the above address, unless stated herein:
Item 2. (a)•The principal residence premises designated above are the only premises where the named insured or spouse maintains a
residence, other than business property and farms;
(b) No business pursuits are conducted at the premises.
Exceptions, if any, to (a) or (b):
Item 3. The number of full time residence employees, wherever located,of the named insured or spouse,and of all other insureds who
are residents of the named insured's household, is not more than two, unless otherwise stated herein:
Item 4. 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 endorsement having reference thereto.
COVERAGES LIMITS OF LIABILITY PREMIUM. Comm.
1. Personal Liability $ 50,000. each occurrence
2. Personal Medical Payments $ 500. each person
$ 25,000. each accident ($ 15'OO
3. Physical Damage to. Property $ 250. each occurrence 11
Additional Charges—Coverages 1 and 2
Outboard Motors HP Owner(if not named insured) Rate*
Motor A $
Motor B $ $
Motor C $ >
•Per Motor or Combination. • . . Total Premium $ INCLUDED IN
„POnS C1 PdF�MTUM
The company agrees with the insured, named in the declarations of this endorsement, hereinafter called na in ure n con-
sideration of the payment of the premium and in reliance upon the statements in such declarations and subject to all of the terms
of this endorsement:
INSURING AGREEMENTS
I. Coverage 1—Personal Liability IV. Definitions
To pay on behalf of the insured all sums which the in- Wherever used in this endorsement:
sured shall become legally obligated to pay as damages "bodily injury" means bodily injury, sickness or dis-
because of bodily injury or property damage, and the corn- ease, including death resulting therefrom, sustained by
pany shall defend any suit against the insured alleging such any person;
bodily injury or property damage and seeking damages "property damage" means injury to or destruction of
which are payable under the terms of this endorsement, property, including loss of use thereof;
even if any of the allegations of the suit are groundless, "premises" means, unless otherwise indicated, (1) all
false or fraudulent; but the company may make such in- premises where the named insured or his spouse main-
vestigation and settlement of any claim or suit as it deems tains a residence and includes private approaches
expedient. thereto and other premises and private approaches
thereto for use in connection with said residence,Coverage 2—Personal Medical Payments ex-
cept business property and farms, (2) individual or
family cemetery plots or burial vaults, (3) premises
To pay all reasonable expenses incurred within one year in which an insured is temporarily residing, if not
from the date of accident for necessary medical, surgical, owned by an insured, and (4) vacant land, other than
X-ray and dental services, including prosthetic devices, and farm land, owned by or rented to an insured. Land
necessary ambulance, hospital, professional nursing and shall not be deemed vacant following the commence-
funeral services, to or for each person who sustains bodily ment of any construction operations thereon unless
injury caused by accident, such operations are being performed solely by inde-
pendent contractors in connection with the construe-
(1) while on the premises with the permission of an in- tion of a one or two family dwelling for the insured;
sured, or "business property" includes (1) property on which a
(2) while elsewhere if such bodily injury (a) arises out of business is conducted, and (2) property rented in
the premises or a condition in the ways immediately whole or in part to others, or held for such rental, by
adjoining, (b) is caused by the activities of an insured, the insured. The insured's property shall not constitute
(c) is caused by the activities of or is sustained by a "business property" because of (a) occasional rental of
residence employee and arises out of and in the course . the insured's residence; (b) rental in whole or in part
of his employment by an insured or (d) is caused by an to others of a one or two family dwelling usually occu-
animal owned by or in the care of an insured, pied in part by the insured as a residence, unless such
rental is for the accommodation of more than two
roomers or boarders; (c) rental of space in the in-
Coverage 3—Physical Damage to Property sured's residence for office, school or studio occupancy;
To pay for loss of property of others caused by an in- or (d) rental or holding for rental of not more than
sured. "Loss" means damn a or destruction but does not three car spaces or stalls in garages or stables;
include disappearance, abstraction or loss of use. "business"'includes trade, profession or occupation;
"residence employee"means an employee of an insured
whose duties are in connection with the ownership,
II. Supplementary Payments maintenance or use of the premises,including the main-
tenance or use of automobiles or teams, or who per-
With respect to such insurance as is afforded by this forms elsewhere duties of a similar nature not in con-
endorsement for Personal Liability Coverage, the company nection with an insured's business;
shall nay_ in addition to the applicable limit of liability: " ,+n,,,nh;le" means a land motor vehicle_ trailer or
-- - roomers or Doaraers; kc) rental of space in the 'in-
Coverage 3—Physical Damage to Property sured's residence for office, school or studio occupancy;
To pay for loss of property of others caused by an in- or (d) rental or holding for rental of not more than
sured. "Loss" means damage or destruction but does not three car spaces or stalls in garages or stables;
include disappearance, abstraction or loss of use. "business"'includes trade, profession or occupation;
"residence employee" means an employee of an insured
whose duties are in connection with the ownership,
II. Supplementary Payments maintenance or use of the premises, including the main-
tenance or use of automobiles or teams, or who per-
With respect to such insurance as is afforded by this forms elsewhere duties of a similar nature not in con-
endorsement for Personal Liability Coverage, the company nection with an insured's business;
shall pay, in addition to the applicable limit of liability: "automobile" means a land motor vehicle, trailer or
(a) all expenses incurred by the company, all costs taxed semitrailer; but the term"automobile" does not include,
against the insured in any defended suit and all interest except while being towed by or carried on an automo-
on the entire amount of any judgment therein which bile, •any of the following: any crawler or farm-type
accrues after entry of the judgment and before the tractor, farm implement or, if not subject to motor
company has paid or tendered or deposited in court vehicle registration, any equipment which is designed
that part of the judgment which does not exceed the for use principally off public roads;
limit of the company's liability thereon; "midget automobile" means a land motor vehicle of the
(b) on appealrequiredtype commonly referred to as a "midget automobile",
premiums bonds in any such suit "kart", "go-kart", "speed-mobile" or by a comparable
premiums on bonds to release attachments for an name, whether commercially built or otherwise;
amount not in excess of the applicable limit of liability
of this endorsement, but without any obligation to "undeclared outboard motor" means
apply for or furnish any such bonds; (1) an outboard motor of more than twenty-four
horsepower, or
(c) expenses incurred by the insured for such immediate (2) a combination of outboard motors of more than
medical and surgical relief to others as shall be im-
perative at the time of the accident; twenty-four horsepower in the aggregate and
used with a single watercraft,
(d) All reasonable expenses, other than loss of earnings, if not declared in the declarations and a premium
incurred by the insured at the company's request. charge entered therefor.
V. Insurance Against Legal Liability for Fire, Explosion,
Smoke,and Smudge Damage
III. Definition of Insured Such insurance as is afforded under coverage 1 applies
The unqualified word "insured" includes (a) the named with respect to all sums which the insured shall become
insured and (b) if residents of his household, his spouse, legally obligated to pay as damages because of property
the relatives of either, and any other person under the age damage to the premises or house furnishings therein if such
of twenty-one in the care of an insured. The word "in- property damage arises out of (a) fire, (b) explosion, or
sured" also includes, under coverages 1 and 2, (1) with (c) smoke or smudge caused by sudden, unusual and faulty
respect to animals and watercraft owned by an insured, operation of any heating or cooking unit; provided that this
any person or organization legally responsible therefor, ex- insurance does not apply to liability assumed by the insured
cept a person using or having custody or possession of any under any contract or agreement.
such animal or watercraft without the permission of the VI. Insurance for Newly Acquired Outboard Motors
owner, and (2) with respect to farm tractors and trailers Part (3) of Exclusion (b) does not apply to a watercraft
and self-propelled or motor or animal drawn farm imple- powered by an undeclared outboard motor, ownership of
merits, any employee of an insured while engaged in the which is acquired during the endorsement period by an
employment of the insured. insured included within parts (a) or (b) of the "Definition
The insurance afforded under coverage 1 applies sepa- of Insured".
rately to each insured against whom claim is made or suit VII. Endorsement Period
is brought but the inclusion herein of more than one insured This endorsement applies only to occurrences happening
shall not operate to increase the limit of the company's on and after the effective date hereof and (luring the policy
liability. period.
(OVER)
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY FEBRUARY 20th, 1965
POLICY NUMBER -
' '` "1-"""" JACK'S BEACH CONCESSION, ET AL EFFECTIVE DATE
INSURED
JON1 u- G LLESPJE, N r..
BY _ ....
Form 1B003g 50M 663 AUTHORIZED.REPRESENTATIVE
(Rev. 6-19-63) DO NOT USE THIS SPACE—FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM GROSSPREM.CANC•D. COMM.RATE
EXCLUSIONS
This endorsement does not apply: coverage 1 unless such benefits are payable or required to be
(a) (1) to any business pursuits of an insured, except, under provided by the insured;
coverages 1 and 2, activities therein, which are ordinarily (e) under coverage 1, with respect to liability assumed by the
incident to non-business pursuits and, subject to all other . insured under any contract or agreement, under Insuring
exclusions of the endorsement, those activities of the named Agreement II (c) and under coverage 2, to bodily injury or
insured or spouse incidental to his or her employment by property damage due to war, whether or not declared, civil
another, (2) to the rendering of any professional service or war, insurrection, rebellion or revolution, or to any act or
the omission thereof, or (3) to any act or omission in con- _• condition incident to any of the foregoing;
nection with premises, other than as defined, which are (f) under coverage 1, except with respect to insurance under
owned, rented or controlled ap by an insured, but this sub-
Insuring Agreement V, to property damage to property used
division (3) does not apply withl respect to bodily injury to ( _ by 'rented td or in the care, custody or control of the in- '
a residenceeemployee arising out of ands in the course of his sured or property as to which the insured for any purpose
employment by the insured; is exercising physical controls 1(
(b) under cdverg�s 1 'arid 2, to the ownership, maintenance, (g) under coverage 1, to sickness or disease of any-rsidence
operation, use, loading or unloading of (1) automobiles or employee unless prior to thirty-six months after the end
midget automobiles while away from the premises or the of the endorsement period written claim is made or suit is
ways immediately adjoining, except under coverage 1 with brought against the insured for damages because of such
respect to operations by independent contractors for non- sickness or disease or death resulting therefrom;
business purposes of an insured not involving automobiles
owned or hired by the insured, (2) watercraft owned by or (h) under coverage 1, to bodily injury or property damage with
rented to an insured, while away from the premises, if with respect to which an insured under this endorsement is also
inboard motor power exceeding fifty horsepower, or if a an insured under a nuclear energy liability policy issued by
sailing vessel with or without auxiliary power and twenty-six Nuclear Energy Liability Insurance Association, Mutual
feet or more in over-all length, (3) watercraft, other than a Atomic Energy Liability Underwriters or Nuclear Insurance
sailing vessel, while away from the premises and powered Association of Canada, or would be an insured under any
in whole or in part by an undeclared outboard motor owned such policy but for its termination upon exhaustion of its
by an insured, or (4) aircraft; but, with respect to bodily limit of liability;
injury to a residence employee, arising out of and in the (i) under coverage 2, to bodily injury to (1) any insured within
course of his employment by the insured, parts (1), (2) and the meaning of parts (a) and (b) of Insuring Agreement III
(3) of this exclusion do not apply, and part (4) applies only or (2) any person, other than a residence employee, if such
while such employee is engaged in the operation or main- • person is regularly residing on the premises, including any
tenance of aircraft; part rented to such person or to others, or is on the prem-
(c) under coverages 1 and 2, to bodily injury or property ises because of a business conducted thereon, or is injured
damage caused intentionally by or at the direction of the by an accident arising out of such business;
insured; (j) under coverage 3, to loss (1) arising out of the ownership,
((I) under coverages 1 and 2, to bodily injury to any person (1) maintenance, operation, use, loading or unloading of any
if the insured has in effect on the date of the occurrence a land motor vehicle, trailer or semitrailer, farm machinery or
policy providing workmen's compensation or occupational equipment, aircraft or watercraft; or (2) of property owned
disease benefits therefor, or (2) if benefits therefor are in by or rented to any insured, any resident of the named in-
whole or in part either payable or required to be provided sured's household or any tenant of the insured; or (3)
under any workmen's compensation or occupational disease caused intentionally by an insured over the age of twelve
law, but this subdivision (2) does not apply with respect to years,
CONDITIONS
Application of Provisions of Policy and Endorsement. rence of loss, exhibit the damaged property,if within his control,
and cooperate with the company in all matters pertaining to the
None of the terms of the policy except the Cancelation Con- loss or claims with respect thereto.
dition applies -to the coverage afforded by this endorsement.
None of the terms of this endorsement applies to the coverage
afforded by the policy. 8. Action Against Company No action shall lie against the
Coverage 1 company unless, as a condition
Conditions 12, 13, 14 and 15 of this endorsement apply to all precedent thereto, the insured
coverages. The other conditions of this endorsement apply to shall have fully complied with all the terms of this endorsement,
the coverages noted thereunder. nor until the amount of the insured's obligation to pay shall have
been finally determined either by judgment against the insured
1. Limits of Liability The limit of liability stated in the de- after actual trial or by written agreement of the insured, the
Coverages 1 and 2 clarations for coverage 1 is the limit of claimant and the company.
the company's liability for all damages, Any person or organization or the legal representative thereof
including damages for care and loss of services, as the result of who has secured such judgment or written agreement shall there-
any one occurrence. after be entitled to recover under this endorsement to the extent
The limit of liability stated in the declarations for coverage 2 of the insurance afforded by this endorsement. No person or
as applicable to "each person". is the limit of the company's organization shall have any right under this endorsement to join
liability for all expenses incurred by or on behalf of each person the company as a party to any action against the insured to
who sustains bodily injury as the result of any one accident; the determine the insured's liability, nor shall the company be im-
limit of liability stated in the declarations for coverage 2 as ap- pleaded by the insured or his legal representative. Bankruptcy
plicable to "each accident" is, subject to the above provision or insolvency of the insured or of the insured's estate shall not
respecting each person, the total limit of the company's liability relieve the company of any of its obligations hereunder. ,
for all expenses incurred by or on behalf of two or more persons
who sustain bodily injury as the result of any one accident.
9. Action Against Company No action shall lie against the
Coverages 2 and 3 company unless, as a condition
2. Limits of Liability; The limit of the company's liability precedent thereto, there shall
Settlement Options for loss of property arising out of any have been full compliance with all the terms of this endorsement,
Coverage 3 one occurrence shall not exceed (1) nor until thirty days after the required proofs of claim have been
the actual cash value of the property filed with the company.
at time of loss, nor (2) what it,would then cost to repair or
limit of liability stated in the declarations for coverage 2 as ap- pleaded by the insured or his legal representative. Bankruptcy
plicable to "each accident" is, subject to the above provision or insolvency of the insured or of the Insured's estate shall not
respecting each person, the total limit of the company's liability relieve the company of any of its obligations hereunder.
for all expenses incurred by or on behalf of two or more persons
who sustain bodily injury as the result of any one accident. 9. Action Against Company No action shall lie against the
Coverages 2 and 3 company unless, as a condition
2. Limits of Liability; The limit of the company's liability precedent thereto, there shall
Settlement Options for loss of property arising out of any have been full compliance with all the terms of this endorsement,
Coverage 3 one occurrence shall not exceed (1) nor until thirty days after the required proofs of claim have been
the actual cash value of the property filed with the company.
at time of loss, nor (2) what it would then cost to repair or
replace the property with other of like kind and quality, nor (3)
the applicable limit of liability stated in the declarations. 10. Other Insurance If the insured has other insurance against
Coverage 1 a loss covered by this endorsement, the
The company may pay for the loss in money or may repair or company shall not be liable under this
replace the property and may settle any claim for loss of prop- endorsement for a greater proportion of such loss than the ap-
erty either with the insured or the owner thereof. Any property plicable limit of liability stated in the declarations bears to the j
so paid for or replaced shall, at the option of the company, total applicable limit of liability of all valid and collectible in-
become the property of the company. Payment hereunder shall surance against such loss, provided that with respect to loss
not constitute an admission of liability of the insured or, except arising out of the ownership, maintenance, operation, use, load-
hereunder, of the company. ing or unloading of (1) any automobile or midget automobile at
the premises or the ways immediately adjoining or (2) water-
3. Notice of Occurrence When an occurrence takes place craft, this insurance shall not apply to the extent that any valid
Coverages 1 and 2 written notice shall be given by or and collectible insurance, whether on a primary, excess or con-
on behalf of the insured to the corn- tingent basis, is available to the insured.
pany or any of its authorized agents as soon as practicable. Such
notice shall contain particulars sufficient to identify the insured 11. Subrogation In the event of any payment under this en-
and also reasonably obtainable information respecting the time, Coverage 1 dorsement, the company shall be subrogated
place and circumstances of the occurrence, the names and ad- to all the insured's rights of recovery there-
dresses of the injured and of available witnesses. for against any person or organization and the insured shall
execute and deliver instruments and papers and do whatever
4. Notice of Claim or Suit If claim is made or suit is brought else is necessary to secure such rights. The insured shall do
Coverage 1 against the insured, the insured nothing after loss to prejudice such rights.
shall immediately forward to the
company every demand, notice, summons or other process re- 12. Changes Notice to any agent or knowledge possessed by
ceived by him or his representative.
any agent or by any other person shall not effect
a waiver or a change in any part of this endorsement or estop
5. Assistance and Cooperation The insured shall cooperate the company from asserting any right under the terms of this
of the Insured with the company and, upon endorsement; nor shall the terms of this endorsement be waived
Coverage 1 the company's request, assist or changed, except by endorsement issued to effect a change in
in making settlements, in the this endorsement.
conduct of suits, and in enforcing any right of contribution or in-
demnity against any person or organization who may be liable
to the insured because of bodily injury or property damage with
respect to which insurance is afforded under this endorsement;
and the insured shall attend hearings and trials and assist in 13. Assignment Assignment of interest under this endorse-
securing and giving evidence and obtaining the attendance of ment shall not bind the company until its
witnesses. The insured shall not, except at his own cost, volun- consent is endorsed hereon. If, however,the named insured shall
tarily make any payment, assume any obligation or incur any die, this endorsement shall cover the named.inspred's spouse; if
expense other than for such immediate medical and surgical relief a resident of the same household at the time of such death, and
to others as shall be imperative at the time of the accident. legal representative as named insureds; provided 'that notice of
cancelation addressed to the named insured and mailed to the
address shown in this endorsement shall.be sufficient notice to
6. Medical Reports; Proof and As soon as practicable the in- effect cancelation of this endorsement. If the legal representative
Payment of Claim jured person or someone on of the named insured was not an insured at the time of the death
Coverage 2 his behalf shall give to the of the named insured, this endorsement shall apply to such legal
company written proof of representative only with respect to the premises of the original
claim, under oath if required, and shall, after each request from named insured. This endorsement shall also cover as insured,
the company, execute authorization to enable the company to while a resident of said premises, any person who was an insured
obtain medical reports and copies of records. The injured person at the time of such death.
shall submit to physical examination by physicians selected.by
the company when and as often as the company may reasonably >
require. 14. Cancelation °If the named insured undcir�this)endorsement
.is not named as insured in the policy and the
The company may pay the injured person or any person or policy is canceled by the company, this endorsement shall be
organization rendering the services and such payment shall canceled by notice to the named insured in the same manner as
reduce the amount payable hereunder for such injury. Payment is required for cancelation of the policy.
hereunder shall not constitute admission of liability of the insured
or, except hereunder, of the company. 15. Declarations By acceptance of this endorsement the named
insured agrees that the statements in the
7. Insured's Duties When When loss occurs, the insured shall declarations are his agreements and representations, that this
Loss Occurs give written notice as soon as prac- endorsement is issued in reliance upon the truth of such repre-
Coverage 3 ticable to the company or any of its sentations and that this endorsement embodies all agreements
authorized agents, file sworn proof existing between himself and the company or any of its agents
of loss with the company within ninety-one days after the occur- relating to this insurance.
' i
-
•
•
Form 1 B003g 50M 663
(Rev. 6-19.63) .:
No.
INDIVIDUAL AS NAMED INSURED ENDORSEMENT
(Limited to Solely Owned Business)
(To be used with ELAC,LAC and LMC Policies)
THIS ENDORSEMENT DOES NOT APPLY TO AUTOMOBILE LIABILITY
It is agreed that the policy does not apply except in connection with the conduct of a business of which the named
insured is the sole owner.
"Business" includes trade, profession or occupation and the ownership,maintenance or use of farms,and of property
rented in whole or in part to others, or held for such rental, by the insured. The following use of the insured's pro-
perty shall not constitute business: (1) occasional rental of the insured's residence, (2) rental in whole or in part
to others of a one or two family dwelling usually occupied in part by the insured as a residence, unless such rental
is for the accommodation of more than two roomers or boarders. (3) rental of space in the insured's residence for
office, school or studio occupancy, or (4) rental or holding for rental of not more than three car spaces or stalls in
garages or stables.
This endorsement forms a part of the policy to which it is attached, and is effective from the inception date of
the policy unless an effective date is shown below.
(Complete following spaces when this endorsement is not attached at time policy written.)
LAC 168534 of PACIFIC INDEMNITY COMPANY FEBRUARY 20th, 1965
POLICY NUMBER EFFECTIVE DATE
JACK'S BEACH CONCESSION, ET AL
INSURED
JONE - GILLESP,IE, ThI
RV_ _
Form 1C005a 25M 363 AUTHORIZE PRESENTATIVE
G236b DO NOT USE THIS SPACE-FOR HOME OFFICE USE ONLY
LINE KIND BRKGE STATE CITY CLASS LINE GROSS PREMIUM GROSS PREM.CANC'D. COMM.RATE
ID ATTACH ENDORSEMENTS HERE el
CONDITIONS
4
The conditions, except conditions 4, 5, 6, 7 and 9, apply to all coverages. •
Conditions 4, 5, 6, 7 and 9 apply only to the coverage or coverages noted thereunder.
1. Premium The premium stated in the declarations is an estimated crane or shovel, ditch or trench digger; and any air-compressing,
premium only. Upon termination of this policy, the earned building or vacuum cleaning, spraying or welding equipment or
premium shall be computed in accordance with the company's rules, well drilling machinery.
rates, rating plans, premiums and minimum premiums applicable to (c) Semitrailer. The word "trailer" includes semitrailer.
this insurance. If the earned premium thus computed exceeds the
estimated advance premium paid, the named insured shall pay the (d) Two or More Automobiles.The terms of this policy apply separately
excess to the company; if less, the company shall return to the named to each automobile insured hereunder, but a motor vehicle and a
insured the unearned portion paid by such insured. trailer or trailers attached thereto shall be held to be one automobile
When used as a premium basis: as respects limits of liability.
(1) the word "admissions" means the total number of persons, other (e) Use. Use of an automobile includes the loading and unloading
than employees of the named insured, admitted to the event thereof.
insured or to events conducted on the premises whether on paid (f) Products Hazard. The term "products hazard" means
admission tickets, complimentary tickets or passes; (1) goods or products manufactured, sold, handled or distributed by
(2) the word "cost" means the total cost to (a) the named insured with the named insured or by others trading under his name, if the
respect to operations performed for the named insured during the - accident or occurrence occurs after possession of such goods or
policy period by independent contractors, or (b) any indemnitee products has been relinquished to others by the named insured
with respect to any contract covered by this policy, of all work let or by others trading under his name and if such accident or
or sub-let in connection with each specific project, including the occurrence occurs away from premises owned, rented or con-
cost of all labor, materials and equipment furnished, used or trolled by the named insured or on premises for which the
delivered for use in the execution of such work, whether furnished classification stated in the company's manual excludes any part
by the owner, contractor or subcontractor, including all fees, allow- of the foregoing; provided, such goods or products shall be
antes, bonuses or commissions made, paid or due; deemed to include any container thereof, other than a vehicle,
(3) the word "receipts" means the gross amount of money charged by but shall not include any vending machine or any property,
the named insured for such operations by the named insured or by other than such container, rented to or located for use of others
others during the policy period as are rated on a receipts basis, but not sold;
other than receipts from telecasting,broadcasting or motion pictures,
and includes taxes, other than taxes which the named insured col- (2) operations, including any act or omission in connection with
lects as a separate item and remits directly to a governmental divi- operations performed by or on behalf of the named insured on the
sion; premises or elsewhere and whether or not goods or products are
(4) the word "remuneration" means the entire remuneration earned involved in such operations, if the accident or occurrence occurs
during the policy period by proprietors and by all employees of the after such operations have been completed or abandoned and oc-
named insured, other than drivers of teams or automobiles and curs away from premises owned,rented or controlled by the named
aircraft pilots and co-pilots, subject to any overtime earnings or insured; provided, operations shall not be deemed incomplete
limitation of remuneration rule applicable in accordance with the because improperly or defectively performed or because further
manuals in use by the company; operations may be required pursuant to an agreement; provided
(5) the word "sales" means the gross amount of money charged by the further, the following shall not be deemed to be "operations"
named insured or by others trading under his name for all goods within the meaning of this paragraph: (a) pick-up or delivery, ex-
and products sold or distributed during the policy period and cept from or onto a railroad car, (b) the maintenance of vehicles
charged during the policy period for installation, servicing or repair, owned or used by or in behalf of the insured, (c) the existence of
and includes taxes, other than taxes which the named insured and tools, uninstalled equipment and abandoned or unused materials
such others collect as a separate item and remit directly to a govern- and (d) operations for which the classification stated in the com-
mental division; pany's manual specifically includes completed operations.
(6) the words "cost of hire" mean the amount incurred for (a) the hire
of automobiles, including the entire remuneration of each employee 4. Limits of Liability The limit of bodily injury liability stated in the
of the named insured engaged in the operation of such automobiles Coverage A declarations as applicable to "each person" is the
subject to an average weekly maximum remuneration of $100, and limit of the company's liability for all damages,
for (b) pick-up, transportation or delivery service of property or including damages for care and loss of services, arising out of bodily
passengers performed by motor carriers of property or passengers injury, sickness or disease, including death at any time resulting there-
for hire, other than such services performed by motor carriers which from, sustained by one person as the result of any one occurrence; the
are subject to the security requirements of any motor carrier law or limit of such liability stated in the declarations as applicable to "each
ordinance. The rates for each $100 of "cost of hire" shall be 5% of occurrence" is, subject to the above provision respecting each person,
the applicable hired automobile rates, provided the owner of such the total limit of the company's liability for all damages, including
hired automobile has purchased automobile Bodily Injury Liability damages for care and loss of services, arising out of bodily injury,
and Property Damage Liability insurance covering the interest of the sickness or disease, including death at any time resulting therefrom,
named insured on a direct primary basis as respects such automo- sustained by two or more persons as the result of any one occurrence.
bile and submits evidence of such insurance to the named insured;
(7) the words "Class 1 persons" mean the following persons, provided 5. Limits of Liability The limit of property damage liability stated in
their usual duties in the business of the named insured include the Coverages B and C the declarations as applicable to "each accident"
use of non-owned automobiles: (a)all employees, including officers, is the total limit of the company's liability for all
of the named insured compensated for the use of such automobiles damages arising out of injury to or destruction of all property of one
by salary, commission, terms of employment, or specific operating or more persons or organizations, including the loss of use thereof, as
allowance of any sort; (b)all direct agents and representatives of the the result of any one accident.
named insured;
(8) the words "Class 2 employees" mean all employees, including 6. Limits of Liability—Products Subject to the limit of liability with respect
officers, of the named insured, not included in Class 1 persons. Coverages A and C to "each occurrence" or "each accident",
The named insured shall maintain for each hazard records of the the limits of bodily injury liability and
information necessary for premium computation. property damage liability stated in the declarations as aggregate
products" are respectively the total limits of the company's liability for
2. Inspection and Audit The company shall be permitted to inspect the all damages arising out of the products hazard. All such damages
insured premises, operations, automobiles and arising out of one lot of goods or products prepared or acquired by the
elevators and to examine and audit the insured's books and records named insured or by another trading under his name shall be con-
at any time during the policy period and any extension thereof and sidered as arising out of one accident or occurrence.
within three years after the final termination of this policy, as far as
they relate to the premium bases or the subject matter of this insurance. 7. Limits of Liability Subject to the limit of liability with respect to "each
Coverage C accident", the limit of property damage liability
3. Definitions stated in the declarations as "aggregate operations"
(a) Contract. The word "contract" means, if in writing, a lease of prem- is the total limit of the company's liability for all damages arising out
ises, easement agreement, agreement required by municipal ordi- of injury to or destruction of property, including the loss of use thereof,
nance, sidetrack agreement, or elevator or escalator maintenance caused by the ownership, maintenance or use of premises or opera-
agreement. Lions rated on a remuneration premium basis or by contractors' equip-
(b) Automobile. Except where stated to the contrary, the word "auto- ment rated on a receipts premium basis.
mobile" means a land motor vehicle or trailer as follows: Subject to the limit of liability with respect to "each accident", the
(1) Owned Automobile—an automobile owned by the named limit of property damage liability stated in the declarations as "aggre-
insured; gate protective" is the total limit of the company's liability for all
damages arising out of injury to or destruction of property, including
(2) Hired Automobile—an automobile used under contract in behalf the loss of use thereof, caused by operations performed for the named
of, or loaned to, the named insured provided such automobile is insured by independent contractors or general supervision thereof by
not owned by or registered in the name of(a)the named insured the named insured, except (a) maintenance and repairs at premises
or (b) an executive officer thereof or (c) an employee or agent of owned by of rented to the named insured and (b) structural alterations
the named insured who is granted an operating allowance of at such premises which do not involve changing the size of or moving
any sort for the use of such automobile; buildings or other'structures.
(3) Non-owned Automobile anyother automobile. Subject to the limit of liability with respect to "each accident", the
The following described equipment shall be deemed an automobile limit of property damage liability stated in the declarations as "aggre-
while towed by or carried on an automobile not so described, but gate contractual" is the total limit of the company's liability for all
not otherwise: if of the crawler type, any tractor, power crane or damages arising out of injury to or destruction of property, including
shovel, ditch or trench digger; any farm-type tractor; any concrete the loss of use thereof, with respect to liability assumed by the in-
mixer other than of the mix-in-transit type; any grader, scraper, sured under contracts covered by this policy in connection with opera-
roller or farm implement; and, if not subject to motor vehicle tions for which there is an "aggregate operations" limit of property
registration, any other equipment not specified below, which is damage liability stated in the declarations.
designed for use principally off public roads. The limits of property damage liability stated in the declarations as
The following described equipment shall be deemed an automobile "aggregate operations", "aggregate protective" and "aggregate con-
while towed by or carried on an automobile as above defined solely tractual" apply separately to each project with respect to operations
for purposes of transportation or while being operated solely for being performed away from premises owned by or rented to the named
locomotion, but not otherwise: if of the non-crawler type,any power insured.
•. &movability of Interests The term "the insured" is used severally The insurance under this policy shall be excess insurance with
and not collectively, but the inclusion here- respect to loss against which the named insured has other insurance
in of more than one insured shall not operate to increase the limits disclosed to the company as in effect on the effective date of this policy
of the company's liability. and upon the basis of which premium credit for other insurance is
given but shall apply only in the amount by which the applicable limit
9. Financial Responsibility Laws When this policy is certified as proof of liability stated in the declarations exceeds the total applicable limits
Coverages A and B of financial responsibility for the future of liability of all valid and collectible insurance upon the basis of which
under the provisions of the motor vehi- premium credit is given.
cle financial responsibility law of any state or province, such insurance
as is afforded by this policy for bodily injury liability or for 'property 15. Subrogation In the event of any payment under this policy, the
damage liability shall comply with the provisions of such law which company shall be subrogated to all the insured's
shall be applicable with respect to any such liability arising out of the rights of recovery therefor against any person or organization and the
ownership, maintenance or use during the policy period of any auto- insured shall execute and deliver instruments and papers and do what-
mobile insured hereunder, to the extent of the coverage and limits of ever else is necessary to secure such rights. The insured shall do
liability required by such law, but in no event in excess of the limits nothing after loss to prejudice such rights.
of liability stated in this policy. The insured agrees to reimburse the
company for any payment made by the company which it would not 16. Three Year Policy A policy period of three years is comprised of
have been obligated to make under the terms of this policy except three consecutive annual periods Rates for the
for the agreement contained in this paragraph. automobile hazards are subject to amendment for the second and third
annual periods in accordance with the company's rules and rating
10. Notice to the Company In the event of bodily injury, sickness or dis- plans. Computation and adjustment of earned premium shall be made
ease, including death at any time resulting at the end of each annual period. Aggregate limits of liability as stated
therefrom, injury to or destruction of property, written notice shall be in this policy shall apply_separately to each annual period.
given by or on behalf of the insured to the company or any of its author- 17 Chan a
ized agents as soon as practicable.Such notice shall contain particulars Changes Notice to any agent or knowledge possessed by any
g
sufficient to identify the insured and also reasonably obtainable inf or- agent or by any other person shall not effect a waiver or
mation respecting the time,place and circumstances of such injury, the a change in any part of this policy or estop the company from asserting
names and addresses of the injured and of available witnesses. 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
11. Notice of Claim or Suit If claim is made or suit is brought against a part of this policy.
the insured, the insured shall immediately
forward to the company every demand, notice, summons or other 18. Assignment Assignment of interest under this
process received by him or his representative. s g policy shall not
bind the company until its consent is endorsed hereon;
12. Assistance and Cooperation of the Insured The insured shall cooperate if, however, the named insured shall die, this policy shall cover (1)
with the company and,upon the named insured's legal representative as the named insured, and
the company's request, shall attend hearings and trials and shall assist (2) subject otherwise to the provisions of Insuring Agreement III, any
in.effecting settlements, securing and giving evidence, obtaining the person having proper temporary custody of any owned automobile or
attendance of witnesses and in the conduct of suits. The insured shall hired automobile, as an insured, until the appointment and qualifica-
not, except at his own cost, voluntarily make any payment, assume tion of such legal representative; provided that notice of cancelation
any obligation or incur any expense other than for such immediate addressed to the insured named in the declarations and mailed to the
medical and surgical relief to others as shall be imperative at the time address shown in this policy shall be sufficient notice to effect can-
of injury. celation of this policy.
13. Action Against Company No action shall lie against the company 19. Cancelation This policy may be canceled by the named insured
unless, as a condition precedent thereto, by surrender thereof to the company or any of its
the insured shall have fully complied with all the terms of this policy, authorized agents or by mailing to the company written notice stating
nor until the amount of the insured's obligation to pay shall have been when thereafter the cancelation shall be effective. This policy may be
finally determined either by judgment against the insured after actual canceled by the company by mailing to the named insured at the
trial or by written agreement of the insured, the claimant and the corn- address shown in this policy written notice stating when not less than
pany. ten days thereafter such cancelation shall be effective. The mailing
Any person or organization or the legal representative thereof who of notice as aforesaid shall be sufficient proof of notice. The time of
has secured such judgment or written agreement shall thereafter the surrender or the effective date of cancelation stated in the notice
be entitled to recover under this policy to the extent of the insurance shall become the end of the policy period. Delivery of such written
afforded by this policy. Nothing contained in this policy shall give any notice either by the named insured or by the company shall be
person or organization any right to join the company as a co-defendant equivalent to mailing.
in any action against the insured to determine the insured's liability. If the named insured cancels, earned premium shall be computed
Bankruptcy or insolvency of the insured or of the insured's estate in accordance with the customary short rate table and procedure. If
shall not relieve the company of any of its obligations hereunder. the company cancels, earned premium shall be computed pro rata.
14. Other Insurance If the insured has other insurance against a loss Premium adjustment may be made either at the time cancelation is
covered by this th the company shn a not be effected or as soon as practicable after cancelation becomes effective,
policy
liable under this policy for a greater proportion of such loss than the but payment or tender of unearned premium is not a condition of
cancelation.
applicable limit of liability stated in the declarations bears to the total
applicable limit of liability of all valid and collectible insurance against 20. Declarations By acceptance of this policy the named insured agrees
such loss; provided, however, the insurance under this policy with that the statements in the declarations are his agree-
respect to loss arising out of the maintenance or use of any hired ments and representations, that this policy is issued in reliance upon
automobile insured on a cost of hire basis or the use of any non-owned the truth of such representations and that this policy embodies all
automobile shall be excess insurance over any other valid and col- agreements existing between himself and the company or any of its
lectible insurance. agents relating to this insurance.
In witness whereof, the Pacific Indemnity Company has caused this policy to be signed by its president and secretary, at Los Angeles,
California, and countersigned on the declarations page by a duly authorized representative of the company.
11188g
orsq 4
R
100140001 a),
•
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T
III
PACIFIC INDEMNITY COMPANY PAGE 1
SURVEY AND APPLICATION FOR COMPREHENSIVE BODILY INJURY LIABILITY
AND PROPERTY DAMAGE N
` (LONG FORM)
' Policy No. LAC 168534
Name of insured JACK'S BEACH CONCESSION, ET AL
(SEE DECLARATIONS ON POLICY)
Address (No. Street City Zone County State)
Individual ❑ Co-partnership ❑ Corporation ❑ Period: From to
Coverage A $ Each Person $ Each Occurrence $ Aggregate Products
Limits Coverage B $ Each Accident
Coverage C $ Each Accident $ Aggregate Operations $ Aggregate Protective
$ Aggregate Products $ Aggregate Contractual
Provisional Deposit Premium: $ In Advance $ 1st Anniversary $ 2nd Anniversary
(1st and 2nd anniversary premiums do not include automobile)
Has similar insurance been canceled by any carrier during the past year?
Nature of insured's business:
Instructions for Rate Computation—Each section is to be completed to show whether the hazard exists on the effective date of the policy or
will develop during the policy period. If no hazard is contemplated during the policy period enter in such section "no exposure." If hazard is not
to be covered enter in such section "excluded" and endorse policy accordingly. Credits for existing insurance are to be computed from the pre-
miums charged in this survey for corresponding hazards. The surcharge is to apply to the total premiums as computed in this survey before credits
are allowed for existing insurance. Do not fail to secure all the information asked for on page 3.
A I ELEVATOR
Type of PREMIUM
Location of Building in which Elevators Elevator Class Elevator Inter- Car Gate
are Located Pass. Frt. Code Number lock Contact B.I. P.D.
1
2
3 NONE AT INCEPTION - AUDIT
4
B I OWNERS' LANDLORDS' AND TENANTS'
Part Occupied
Class (a) by Insured Base Used for Rates
ORANGE°o1�£Praises Nature of Determining
v U 1V,l Code (b) Occupancy Premium B. I. P.D.
135 FEET S/E OF ENTRANCE D195 a)ENTIRE A-1680 3.77 .10 63 .00 10.00
TO MUNICIPAL TRAILER PARK b)REFRESHMENT (MIN)
ON BEACH, HUNTINGTON STAND INCLUDING
BEACH CALIFORNIA (KNOWN 301B RENTING OF FLAT CHARGE 36.00 5.00
AS JACK'S BEACH CONCESSION) SURF & PADDLE
BOARDS & 7MBRELLAS
Comprehensive Personal Liability(Show Location of Residence) Limits
$ each occurrence
SEE ENDORSEMENT #2 — CODE 0944 $ medical payments 15.00 INCL.
C ' CONTRACTUAL Written contracts relating to lease of premises,easement agreements,municipal ordinance agreements' Class
sidetrack agreements and elevator or escalator maintenance agreements are included in policy definition
of "contract." All others must be specifically included. Copy of each agreement must be attached. Code 114.00 15.00
NONE AT INCEPTION — AUDIT
DIMANUFACTURERS' AND CONTRACTORS'
Class Estimated Annual Rates per$100
Classification of Operations Payroll(a)or
Code Receipts(b) B. I. P.D.
l0 d 7.- GILLESPI 11'', ,
NONE AT INCEPTION - AUDIT :r'`. '" titiLt./J ..._
r
Clerical Office Employees-N. O.C. 3485
Salesmen,Collectors and Messengers-Outside 3484
E I OWNERS' OR CONTRACTORS' PROTECTIVE
Class Estimated Rates per$100
Description and Location of Work Annual Cost of
Code Work Let or Sublet B.I. P.D.
NONE AT INCEPTION - AUDIT
F I PRODUCT — INCLUDING COMPLETED OPERATIONS
Class Units: Sales(a) Rates
Classification Code Receipts(b)Gallonage(c) B. I. P.D.
RESTAURANTS 1121S a)30,000. .432 .006 40.00_ 5.00
(MIN_MUMS)
Form M1001a Page 1 100M 964
-, , ,
r , . . ?ACIFIC INDEMNITY COMPAN
SURVEY AND APPLICATION (LONG FORM) - PAGE 2
Policy No. LAC 168534
G AUTOMOBILE - NON OWNERSHIP _
CLASS 1 Rates PREMIUM
Name or Number Location County B. I. P.D. B. I. P.D.
1 1
2
3 IF ANY HUNTINGTON BEACH (86) ORANGE 7.76 3.30 7.00 1.00
4 CALIFORNIA (MIN:MUMS)
s
CLASS 2
Number Location County
IF ANY HUNTINGTON BEACH (86) CALIF. ORANGE .244 .11
HI AUTOMOBILE - HIRED CARS
Class or Type Location County Cost of Hire
Commercial
Passenger NONE AT INCEPTION - AUDIT
Ind. Contractor .
I I AUTOMOBILE - DRIVE OTHER CARS
LimitedForm Form
BroadSEE ENDORSEMENT #7
J 1 GARAGE LIABILITY
Remuneration Rates
Hazards (1)Class A-(2)Class B
(3)Class C-(4)Average Rate Coverage A'Coverage B
Premises- Operations Per$100 of Remuneration
(1)
(2)
NO EXPOSURE (4)
(4)
KI AUTOMOBILE AND TRAILERS - OWNED - BODILY INJURY and PROPERTY DAMAGE
Body Type Bodily Premium
Item Year Trade Truck Weight Motor No. (a) Location of Injury-
Truck Load Cap. Principal Garaging Property
No. Model Name Tank Gal. Cap. Serial No. (b) (Cit ,Count ,State) Damage Bodily Property Medical
Bus Seating Cap. Y y Class 8 Injury 2 Damage Payments 3
HUNTINGTON BEACH
1. 1963 CHEV. STA WAG 31645L111504 04-86-8111-20 . 85 48.00 20.00 11.00
VOLKS-
2. 1962 WAGEN MICROBUS 6518893 04-86-8112-40 .85 48.00 20.00 11.00
15.00
111.00 40.00 22.00
LI AUTOMOBILE AND TRAILERS - OWNED - PHYSICAL DAMAGE
ar u Collision Fire Theft Comprehensive CAC
Item Purchased Com'l Car Cost Amount of
Same Mo.-Yr. u Insurance
as K New or S.H. Priv.Pass.Sym. q Form Premium Rate Premium Rate Premium Rate Premium Rate Premium
'ED
1. 62/N 4-3 50. 55.00 ACV 24.00
2. 3-4 50. 41.00 ACV 14.00
96.00 38.00
Form M1001a Page 2 100M 964
r , PAGE 3
•ACIFIC INDEMNITY COMPANAIII•
A
SURVEY AND APPLICATION (LONG FORM) Policy No. LAC 168534
CREDITS FOR EXISTING INSURANCE
CASUALTY PREMIUM
Sec- Limits Item 1st Year 2nd Year 3rd Year
tion Company Number B. I. P D. Expires No. B.I. P. D. B.I. P. D. B. I. P. D.
TOTALS
AUTOMOBILE - B. I., P. D. and M. P.
Sec- Limits Item Premium
Company Number Expires
tion B. I. P. D. Med. No. B.I. P. D. Med.
TOTALS
AUTOMOBILE - PHYSICAL DAMAGE
Premium
Son Company Number Expires Item
Fire Theft Compr. Coll. CAC
TOTALS
SUMMARY OF PREMIUM CHARGES AND CREDITS
ANNUAL PREMIUM 1st YEAR PREMIUM 2nd YEAR PREMIUM 3rd YEAR PREMIUM
B.I. P.D. Med. B.I. P. D. Med. B.I. P.D. B. I. P. D.
A
B 114.00 15.00 114.00 15.00 114.00 15.00 114.00 15. 00
c
D
E
F 40.00 5.00 40.00 5.00 40.00 5.00 40.00 5.00
Sub.Tot.
Comprehen.
Surcharge
Elim.Caused
by Ace.Schg.
Total
Less Cr.
CaNBlty 154.00 20.00 154.00 20.00 154.00 20.00
G 7.00 1.00 7.00 1.00
H
I
J
K 111.00 40.00 22.00 111.00 40.00 22.00
Sub.Tot. , _ - 2ND AND 3RD YEAR AUTOMOBILE
Comprehen.
Surcharge -_ PREMIUMS ARE TO BE CHARGED
Elim.Caused
by Ace.S hg. BY ENDORSEMENT
Total
Less Cr.Net
110.00 41.00 ?2.00&PD.
L Fire Theft Compr. Collision CAC
38.00 96.00
Less Cr.
Net Auto 38.00 96.00
Phy.Dam.
PREMIUM RECAPITULATION
ANNUAL PREMIUM 1st YEAR PREMIUM
B.I.including Med. P. D. Phy.Damage B.I. including Med. P. D. Phy.Damage
Net Casualty _ 154.00 20.00
Net Automobile 140.00 41.00 134.00
Total 294.00 61.00 134.00
2nd YEAR PREMIUM 3rd YEAR PREMIUM
B.I. P. D. TOTAL B. I. P. D. TOTAL
Net Casualty 154.00 20.00 174.00 154.00 20.00 174.00
Premium charges developed from the following questions are to be included under the proper sections (each question must be answered):
1. Relationship of any additional insureds? 10. Properties for which insured is agent or manager?
2. Elevator or property exposure as contemplated under Tenants' 11. Premises for exhibitions, displays, or for overflow or temporary
Protective Liability Rule of the manual? operations?
3. Consumption of food on premises? 12. Athletic or sports events sponsored by insured?
4. Malpractice exposure (barber shops, beauty parlors, baths, mas- 13. Operation of vessels? Passenger hazard?
sage parlors, drug stores, hospitals, clinics and offices of physi- 14. Equipment rented to others?
cians, surgeons and dentists)? 15. Blasting, trucking, wrecking, stevedoring or window cleaning
5. Gymnasium, bowling alleys, grandstands, bleachers, swimming included under Section E?
pools, docks, floats or boats? 16. Automobiles rented to others, with drivers?
6. Contemplated alterations? Without drivers?
7. Amount included in payroll under Section D at $3600.00 each for 17. Passenger hazard involved with automobiles?
individuals and partners? 18. Driving automobiles of others?
8. Space rented to others? 19. Special property damage exposure:
9. Advertising signs, vending machines, etc., not located at a. Explosion and collapse?
premises? b. Excavation or drilling in streets with mechanical equipment?
MARCH 4TH, 1965 JONES-GILLESPIE, INC.
Date Producer
o ;
D. K. JONES �! PRANCES L. JONES
PRESIDENT SECRETARY-TREASURER
A. C. GILLESPIE JONES-GILLESPIE, INC. H. F. RAMPTON
VICE-PRESIDENT J INSURANCE AND REAL ESTATE MGR. REAL ESTATE DEPT.
109 MAIN STREET - PHONE LEXINGTON 6-2531
HUNTINGTON BEACH, CALIFORNIA
February 13, 1962
The City of Huntington Beach
Huntington Beach, California
Gentlemen:
Enclosed, please find Certificates of
Insurance to be used in connection with the lease of
Jack' s Beach Concession showing insurance coverage.
We trust you will find this to be in
order.
Yours very truly,
JO ES-GI LESPIE INC.
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avid K s?�e'•
DKJ:ly
Jack Clapps Beach Concession
Agreement between John W. Ferguson and Mary Ferguson,
Lessee, and the City of Huntington Beach dated January 1, 1958.
Assignment of agreement between John W. Ferguson and Mary
Ferguson, Assignor, and Jack K. Clapp, Assignee, dated February
11_, 1958
Terms of Agreement (11) Upon expiration of the agreement or
. any extension or renewal thereof, Lessee shall remove his property
from the premises , including the buildings and improvements made
by him thereon, and leave the property in the same condition as
it was at the time of the execution of this agreement, provided,.
however, that City is hereby given the option upon such term-
ination to purchase said building from Lessee, and the purchase
price to City shall be the cost of construction less depreciation
calculated on a basis of twenty years.
($9000 - Bldg. permit)
February 6, 1962
Mr. Jack K. Clapp
222 Lincoln street
fiuntingtun Leach
California
Dear Mr. Clapp:
The City Council of the City of Huntington Beach at their
regular meeting held Monday, February 5, 19G2, approved
your plan to extend the fiberglass awning across the entire
front of your concession building.
Any expenses incurred in connection herewith are to be borne
by you, ani the City is 'IA to be responsible for any part
of this work.
Sincerely yours ,
Paul C. Jones
City Clerk
PCJ:ed
'3
ENGINEER ING DEPARTMENT
CITY OF HUNTINGTON BEACH
MEMORA NDUM
T 10/ DATE_ Z Z So
FROM CITY ENGINEER
SUBJECT
MA /of
Signe
January 30, 1962
Honorable Mayor and City Council
City Hall
Huntington Beach, California
Attn: Doyle Miller
Dear Sirs: •
In making plans for the next summer season I have
decided to extend the existing fiberglass awning along the
entire front of my concession building. Last year I built
an awning on one side to provide a shaded eating area for
customers and this year I would like to extend this awning
along the remainder of the counter area. The area to be covered
is included in the lease that I now hold with the city.
Since this type of addition to a concession building
requires your approval I would like to have permission to
start on this project if time to complete it for the coming
season. I have included a simple sketch and building details
to provide you and the building department with information
needed in your decision.
Sincerely,
ifeke_77
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June 4, 1962
Honorable Mayor and City Council
City Hall
Huntington Beach
Attention: Mr. Doyle Miller
Dear Sirs;
In an effort to introduce the large number of new
residents in our city to the fine facilities available on
the Municipal Beach the concession owners have decided
to offer the free use of rental equipment during the period
shortly after the close of school. We feel that this offer
will attract many people to the municipal beach who are
new residents in the community and also those 3iho have been
living here for some time but have been going to other
beaches. Since Beach Boulevard is a main traffic artery
in our town many people in the newer sections of town use
this highway when going to the beach and therefore attend
the beaches south of Huntington Beach. It is for this reason
that we are attempting to attract them to the municipal
beach and the fine facilities that the City of Huntington
Beach has provided.
Our plan is to place an advertisement in the Pennysaver
Shopping Guide (circulation approx. 8000) offering the free
use of a surf rider or umbrella for the day. This offer
would be limited to weekdays only and would expire within
one month after publication of the notice. A coupon would
be included as part of the advertisement and would be
collected from each person who takes advantage of the free
offer. The cost of this project would be born by the con-
cessionaires. A small map would locate all of the participating
concessions leaving it up to the visitor as to which con-
cession he will choose.
As an added incentive for the visitor we would like
to request that the City of huntington Beach extend the
priviledge to park free of charge for the day in the
Municipal Parking Lot. Last summer everyone in the parking
lot area was concerned that so few cars were parked in
the new lot. This was due partially to the fact that the
existance of this new parking area was not known to many
people. We feel that the City as well as the concessions
would benefit by advertising of this kind. There would be
no cost to the City and we believe it is an excellent way
to tell the resident of Huntington Beach about the first
class facilities available to them.
Sin ere y,
/ — S CK 'S BEACH ESSION
CERTIFICATE OF INSURANCE
. CITY OF HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific
Indemnity Company. Should any change occur in this insurance, the undersigned will endeavor to give written
notice to the holder of this certificate, but failure to give such notice shall impose no obligation or liability upon
the company or the undersigned.
Name of Insured JACK'T BEACH CONCESSION, ET AL
Address of Insured 222 LTCOLN STREETy HUNTINGTON BEACH, ORANGE CO., CALIFORNIA
Location of Risk STATE ',OF CALIFORNIA
Description of Risk OPEN , ONS OF THE— INSURED INCLUDING AUTOMOBILE
A 'RODUCTS LIABLITY
Workmen's Compensation: Policy No. Term:from to
Comprehensive Liability: Policy No. LAC 1.f40300 Term:from 2/20/62 to 2/20/65
Bodily Injury Liability $ 100,000. each person. $ 300,000. each occurrence. $300,000. aggregate.
PRODUCTS
Property Damage Liability—Automobile $ 10,000. each accident.
Property Damage Liability—Except Automobile $ 5,000. each accident. $ 25,000. aggregate.
Owners', Landlords' and Tenants' Liability: ❑ Policy No.
Manufacturers' and Contractors' Liability: ❑ Term:from to
Bodily Injury Liability $ each person. $ each accident. $ aggregate.
Property Damage Liability $ each accident. $ aggregate.
Policy No. Term: from to
REMARKS:
Certified this 31et day of JANUARY 19 62
WS:CG JONES—GILLESPIE, INC. jczr
JONE G1LLt5P1�, 1 �..
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IIN1,71 I1J I, NV 01 r2)V '�-r'l h
CERTIFICATE OF INSURANCE
-A..',
. CITY OF HUNTINGTON BEACH, Wet 6 ‘s35`�
y�ch
• ORANGE COUNTY, CALIFORNIA °• '
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity
Company. Should ange r in this insurance, the undersigned will endeavor to give written notice to the holder of
this certifica , ut failure to give s h notice shall impose no obligation or liability upon the company or the undersigned.
Nam of Ins red JACK St
ySJ BEA H CONCESSION, ET AL
Cjar
Address of Insure --LIiiCOLN STREET, HUNTINGTON BEACH, ORANGE CO. , CALIFORNIA
Location of Risk STATE OF CALIFORNIA
Description of Risk OPERATIONS OF THE INSURED INCLUDING AUTOMOBILE AND
PRODUCTS LIABILITY
Workmen's Compensation: Policy No. Term: from to
Comprehensive Liability: Policy No. LAC 113942 Term:from 2/20/59 to 2/20/62
PRODU CTS
Bodily Injury Liability $ 100,000. each person. $ 300,000. each occurrence. $ 300,000. aggregate.
Property Damage Liability—Automobile $ 10,000. each accident.
•
Property Damage Liability—Except Automobile $ 5,000. each accident. $ 25,000. aggregate.
Owners', Landlords'and Tenants'Liability: n
Manufacturers' and Contractors' Liability: n Policy No. Term: from to
Bodily Injury Liability $ each person. $ each accident. $ aggregate.
Property Damage Liability $ each accident. $ aggregate.
Policy No. Term:from to
REMARKS:
Certified thi% 29 th• day of JANUARY 19 59
LH:DY
JONES-GILLESPIE, INC.
BY f /�/�
By //
Form M0009b 250M 858
4
November 1, 1960
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Cit Council '
Civic Center 1 %
Huntington Beach, Cal. Oete
ti
Gentlemen:
This letter is a request for renewal of the lease on
Jack's Beach Concession. The expiration date is December 1,
1960, but I am making this request early to give you sufficient
time to study it before the expiration date arrives. I would
like to ask for two changes to be made in the lease.
First,I would like to have the expiration date changed
to November 1, immediately after the close of the beach
season. In the event that my lease is renewed it would be
possible to complete any remodeling or alterations before the
next summer season arrives. As the lease now reads it would be
difficult to complete any improvements after the lease is
renewed and before the new season commences.
The second request that I would like to make is that
the length of the lease be extended. The duration of the
lease is now three years. When planning any additions to
building or equipment, in order to serve the customers better
and provide a wider range of merchandise, it seems unwise to
invest too much additional money when the lease is for only
three years. I believe it behooves the city and the indi-
vidual operators to do everything possible to encourage
t
development and improvement of existing concessions. We all
know that the number of visitors to our beach in the future
is going to increase and continual improvements must be made
to provide adequate facilities to encourage their patronage .
With a longer lease I believe that all concession operators
would be much more willing to invest additional money to
provide these improved concession facilities.
I hope these suggestions will meet with your approval.
Sincerely,
/ )
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CERTIFICATE OF INSURANCE
RECEIVED
—_ cs 19 J58
• CITY OF HUNTINGTON BEACH, City of Huntington Brach
• �l CITY CLERK
• HUNTINGTON BEACH, CALIFORNIA. • • N;
THIS IS TO CERTIFY as to the existence as of this date of the below described insurance with the Pacific Indemnity
Company. Should any change occur in this insurance, the undersigned will endeavor to give written notice to the holder of
— this certificate, but failure to give such notice shall impose no obligation or liability upon the company or the undersigned.
Name of Insured JACK CLAPP AND JEANETTE CLAPP
Address of Insured 944 — 11TH STREET, HUNTINGTON BEACH, CALIFORNIA.
Location of Risk STATE OF CALIFORNIA.
Description of Risk OPERATIONS OF THE INSURED INCLUDING- _AUTOMOBILE AND
PRODUCTS LIABILITY
Workmen's Compensation: Policy No. Term: from to
Comprehensive Liability: Policy No. LAC 88238 Term: from FEBR. 20, 1956 to FEBR. 20, 1959
Bodily Injury Liability $ 100,000.00 each person. $ 300,000.00 each occurrence. $300,000.00 aggregate.
Property Damage Liability—Automobile $ 5, 000.0o each accident.
Property Damage Liability—Except Automobile $ 5, 000.,00 each accident. $ 25, 000.00 aggregate.
Owners', Landlords' and Tenants' Liability:
Manufacturers' and Contractors' Liability: Policy No. Term: from to
Bodily Injury Liability $ each person. $ each accident. $ aggregate.
Property Damage Liability $ each accident. $ aggregate.
Policy No. Term: from to
REMARKS:
Certified this 78T1i day of____ i'r.,BRTJARY 19 58
;4' G LLESPIE, INC.
By ��-
Form M0009b 200M 1057 (PI) �� K•_ Jones-
,
4,27,
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January 20,1958
r`)r0(
4
Honorable Mayor and City Council
City Hall
Huntington Beach, California
Dear Sirs,
I have negotiated to purchase from Mr. J.W. Ferguson
his lease on concession rights in the vicinity of the entrance
to the Municipal Trailer Park.
The purpose of this letter is to request permission
to transfer the concession lease held by J.W. Ferguson to
Jack K. Clapp.
I hereby agree to abide by the terms of said lease and
to construct a new building according to city specifications.
In order to accommodate the trailer park and beach
business by the 1st of April your early approval of this
transfer would be greatly appreciated.
Sincerely,
, (1j/r(Aor
1112 Olive Avenue
Huntington Beach, Cal.
AGRIZliaT
THIS AGREEMENT made and entered into as of the /
day of January, 1958, by and
BETWEEN
CITY OF HUNTINGTON BEACH,
a municipal corporation,
hereinafter designated
as,
CITY
AND
`IJOHN W. FERGUSON and MARY
FERGUSON, husband and wife,
hereinafter designated as,
LESSEE
WHEREAS, City is the owner of certain portions of the
beach lying between the southwest line of the Pacific Electric
Company right of way and the ordinary high water mark of the
Pacific Ocean in the City of Huntington Beach; and
NHEREAS, Lessee desires to lease a portion of said
beach for the purpose of conducting a concession business there-
on, in a building to be constructed by Lessee :
NOW THEREFORE, in consideration of the covenants, con-
ditions and agreements hereinafter contained to be done and per-
formed by the respective parties hereto, the parties agree as
follows:
1. City does hereby lease to Lessee that certain por-
tion of the beach property of the City of Huntington Beach as
set forth in the attached diagram and marked in red, for a term
of three years, commencing January 1st, 1958 and ending December
1.
31, 1960, for the rental and upon the terms hereinafter pro-
vided:
2. City does hereby permit Lessee to construct a build.
ing at his own cost and expense, on the property herein leased.
Lessee shall present plans and specifications for said building
which plans and specifications shall be in accordance with Ex-
hibit "B", a copy of which is attached hereto, and said plans and
specifications shall be subject to approval of the City Engineer
and the City Health Officer. Said building shall be built in
accordance with said plans and specifications, and Lessee agrees
to furnish to City a good and sufficient bond conditioned upon
the faithful performance of the building requirements as .set
forth herein, and the payment of all labor and materials used
in the construction of said building, said bond to be in the
amount of $29500.00, provided, however, that upon the completion
of said building and the time for filing liens having passed,
said bond may be terminated if the concession building has been
constructed in accordance with a.;-proved plans and specifications
and all bills for labor and materials have been paid and no liens
of mechanics or others have attached to the property by reason
of any work of improvement or construction undertaken by Lessee
in accordance with this Agreement.
3, City does hereby grant to Lessee permission to operate
a concession business in said building for a period of thres years
from the 1st day of January, 1958, and ending on the 31st day of
December, 1960, said business to be that of selling cold drinks,
sandwiches, refreshments and food items, and of renting or
letting beach umbrellas, surfriding equipment and other water
equipment used for recreational purposes, and for no other bus-
iness or purpose.
2.
4. Lessee does hereby accept said Lease and the permit
to carry on said business as above set forth, and in considera-
tion thereof agrees, in addition to the construction of the build-
ing as herein set forth, to pay to City, as rental for said prem-
ises, as follows:
a. 3% of the gross sales, less sales tax, from the bus-
iness of selling cold drinks, sandwiches, refreshments, food
items and sundries.
b. 20% of the gross amount received from the rental of
beach and water equipment;
PROVIDED, HOWEVER, that the minimum rental shall be $50.00 per
month. Said rental shall be computed monthly and shall be paid
to City on or before the 10th day of the succeeding month, together
with a report of sales and rentals.
Lessee agrees to keep a true and accurate record of all
sales and rentals made by him under this agreement, which said
record shall be subject to inspection and audit by the City Audit..
or at reasonable times.
5. Lessee covenants and agrees to use said premises
only for the purposes above set forth, and shall, in conducting
and managing said business, at all times conform to and abide by
all of the ordinances of the 1ity of Huntington Beach, and all
rules and regulations which may from time to time be adopted by
the City Council of said City, and shall conform with all laws
of the State of California and of the Federal Government, and
shall not cause or permit any violation thereof on said premises,
and shall indemnify and save harmless said City from any and all
claims, liability, loss or damage by reason of any violation
thereof.
3.
•
6. City, its officers or agents, may enter said premises
at reasonable times to view the state and conduct thereof.
7. Lessee agrees to operate said business continually
from June 1st to September 15th of each year during the term of
this agreement or any extension thereof, and said business shall
remain open to the public during the regular business hours of
each day during said period; provided however, Lessee may operate
said business at other times.
8. In the event Lessee shall neglect or fail to perform
or observe any of the covenants, conditions or agreements con-
tained herein, on his part to be observed and performed3 and if
so notified in writing by the City Clerk, or if he shall be adjud-
icated bankrupt or insolvent according to law, or if an assign-
ment of his property shall be made for the benefit of creditors
then and in any of the said cases, City may enter into and upon
said premises or any part thereof and repossess the same and expel
said Lessee without being deemed guilty of any manner of trespass,
and without prejudice to any remedies which might otherwise be
used for arrears of rent or preceding breach of covenant, and upon
said entry by City this agreement shall determine, and .et the
option of City, Lessee shall immediately remove, at his own cost
and expense, the building constructed thereon by him.
9. City further reserves the right to cancel this lease
and permit without liability when public necessity so requires,
or to suspend operation thereof temporarily in the event of pub-
lic necessity, as may be determined by the City Council of the
City of Huntington Beach. Upon the termination of this permit,
City may enter upon said premises above described as herein pro-
vided, and shall be under no liability to Lessee for damage to
4,
4
such property or loss thereof.
10. Nothing in this agreement shall be construed to
relieve Lessee of any obligation to pay any City license or tax
which may be imposed or payable by reason of the terms of any
ordinance of the City of Huntington Beach.
11. Upon the expiration of this agreement or any exten-
sion or renewal thereof, Lessee shall remove his property from
the premises, including the buildings and improvements made by
him thereon, and leave the property in the same condition as it
was at the time of the execution of this agreement, provided,
however, that City is hereby given the option upon such termina-
tion to purchase said building from Lessee, and the purchase
price to City shall be the cost of construction less depreciation
calculated on a basis of 20 years. Immediately after said build-
ing has been constructed by Lessee. Lessee shall present to the
City Clerk itemized statements and receipts showing the actual
cost of construction of said building, and when examined and
approved by the City Engineer and the City Council, the cost of
construction shall be attached by memorandum to this agreement.
12. Lessee shall not erect any advertising sign or other
sign, except a sign designating the name of the business, with-
out the consent of City first had and obtained.
13. Lessee shall pay when due all taxes, water, electric ,
gas and other utility rents and charges levied and assessed
against said business, buildings and improvements.
14. Lessee agrees, at his own cost and expense and with-
out cost or obligation to City, to keep said premises free from
rubbish, in a neat and safe condition, and in good repair satis-
5.
factory to the City Engineer of the City of Huntington Beach,
and agrees not to make any alterations , replacements, repairs,
or improvements on said property after the building has been
constructed without first obtaining the written consent of City,
and any such improvements, alterations, replacements or repairs,
when approved by City, shall be at Lessee 's own cost and expense.
15. This lease is personal with Lessee and shall not
be assigned, in whole or in part, and any attempt by Lessee to
sell, assign or transfer any interest in this lease shall, at the
option of City, terminate this lease,
16, Lessee agrees to carry public liability insurance
in the sum of not less than $25,000.00 for any one person and
not less than $50,000,00 for any one accident, and property dam.
age in the sum of not less than $1,000.00.
17. Lessee shall furnish to City a good and sufficient
bond conditioned upon the performance by Lessee of the obliga-
tion to remove said building at the expiration of this agreement,
or any extension or renewal thereof, or at any sooner termination,
and said bond shall be in the sum of $500.00; provided however,
that in the event City waives the right to require Lessee to re-
move such building at the termination hereof or City exercises
its option to purchase said building, said bond may be terminated.
18. Nothing herein shall be construed to grant any
privileges or rights to Lessee which. may be contrary to any law,
rule or regulation of any governmental body, administrative of-
ficer or agency.
IN WITNESS Jli flEOF, the City has caused its corporate
name and seal to be hereunto annexed by its Mayor and attested
6.
by its City Clerk, thereto duly authorized, and Lessee has set
his hand as of the day and year in this agreement first above
written,
CITY OF HUNTINGTON BEACH,
a municipal corporation,
By '' ` ie- G,--e'• .rl
.74.......m
ayor
ATTEST:
City Clerk
CITY
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BEACHFRONT LEASE
THE CITY OF HUNTINGTON BEACH
CAL IFORNIA
12-16-57
'_ INGTp,�;�Cn
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s o =T «< Q 7, City of Huntington Beach
California
►''.COUNTY GPI_
November 21, 1957
Mr. & Mrs. John W. Ferguson
215 Geneva Street /
Huntington Beach, California
4
Dear Mr. & Mrs. Ferguson,
At the regular meeting of the City Council he on November
18th, a motion was carried to request you t file le plans
and specifications with the City for the co cession
building to be constructed on the beach. This stru e
must conform to the City building code and the requir ents of
the County Health Authorities.
<:;;;)
Very t . ly yours,
J. L. Henricksen,
City Clerk
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A parool of land situated in the City of iluntin,.7ton 1b eb, County
of Or rn„.:e, 7tatn of California, boine a portion '.4kotion 14,
4411 4., 5.d.r.;., more particularly described bed 43 toUCIXa:
wthnin, at t' r point o intersection of the actsoutWesterly lie of
a *trip of land sixty (60) fart in width Form doscribed i.n deed :roar the
Iuntin ton Beach Co my to Los Anzelas Intor'3rhan Railway ;:rxnpacy recorded
in 3ook 1,552 'a 260 of i edej Records of 0ratve County, :,.`lifarilia with
the southeasterly line of a parcel of lazxl ci tty Coo) foot in width =OW
do®0rit*d in deed from the Pacific Electric i.eilway Company to V* City of
Hu ntix,•ton Beach recorded in Book 219, Paige 256 at pawls, i ecorde or Ousn;e
County, California; thence south 34° 17' whet 120.70 feat aloar: the south••
westerly prolotration of the no.theasterly line of said parcel of ban: to
a point; t`.erne south 550 43' sant /3650 feet to the True Poir t of
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550 43' eat 100.00 fe~±t to a point; th non north 34° 17' Gant ? .00 feet
to a poi; thorre t:o:th 55° 43:v west 100.00 feet to a point; thence south
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— SERVICE ROAD
BEACHFRONT LEASE
THE CITY OF HUNTINGTON BEACH
CALIFORNIA
12-16-57
TITE METROPOLITA i`T
CASUALTY INSURANCE COMPANY
OF NEW PORK
A STOCK COMPANY CHARTERED APRIL 22ND. 7H74
DECLARATIONS OWNERS', LANDLORDS' & TENANTS' SCHEDULE LIABILITY POLICY
Item 1. Named Insured J. W. FERGUSON AND MARY FERGUSON
Address} �}N EBEAC EANAT�IFOR AVENUE BETWEEN. TTINGTON Ago ���TE AND 1st "T'ERET+'T ,
Location
of premises ] r CNfA
(ENTER •'SAME" IF SAME LOCATION AS ABOVE ADDRESS)
Part occupied by
Interest of named insured in premises named insured ENTIRE
(ENTER •'OWNER." •'GENERAL LESSEE" OR "TENANT')
Business of the named insured is The named insured is INDIVIDUAL
INDIVIDUAL. CORPORATION, OR COPARTNERSHIP
Item 2. Policy Period: From MARCH 15th, 1956 to MARCH 15th, 1957
12:01 A.M., standard time at the address of the named insured as stcted herein.
Item 3. The insurance afforded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by
specific premium charge or charges. The limit of the company's liability against each such coverage and division shall be as stated
herein, subject to all the terms of this policy having reference thereto.
COVERAGES LIMITS OF LIABILITY DIVISIONS PREMIUMS
$ 50 , 000. each person I. Premises-Operations $ 44.88
A Bodily Injury Liability $ 100, 000. each accident 2. Elevators $
$ aggregate 3. Structural Alterations $
AGGREGATE APPLIES TO DIV. 4 ONLY 4. Products-Completed Operations $ 34.40
$ 5 ,00o. each accident I. Premises-Operations $ 25 , 00
B Property Damage Liability $ 25 , 000. aggregate 2. Elevators $
p y 9 AGGREGATE APPLIES TO DIVS, 9 G 4 $
3. Structural Alterations `P
4. Products-Completed Operations $ 5. 00
C Medical Payments $ each person I. Premises-Operations $
$ each accident 2. Elevators $
D Contractual Liability of a Specified
Type- each person
1.
Bodily Injury Liability $
$ each accident $
2. Property Damage Liability $ each accident $
Total Advance Premium $109.28
If Policy Period three years net premium $ payable:
On effective date of Policy$ 1st Anniversary$ 2nd Anniversary$
Item 4. Description of Hazards Rates Premiums
Code
The rating classifications under the Description of Hazards No, Premium Bases
do not modify the exclusions or other terms of this policy. Bodily Injury Property Damage Bodily Injury Property Damage
Liability Liability Liability Liability
1. Premises-Operations Purposes of Use (a) Area (Sq. Ft.) (a) Per 100 Sq. Ft.of Area
SOUTH SIDE OF OCEAN AVENUE, (b) Frontage (b) Per Linear Foot
BETWEEN HUNTINGTON AVENUE (c) (c)
AND 1st STREET, HUNTINGTON 171S- 600 7.48 .23 44.88 25. 00
BEACH, CALIFORNIA 0491
RESTAURANT AND GROCERY STORE
2. Elevators Number Insured Per Elevator
3. Structural Alterations, New Construction (a) Remuneration (a) Per$100 of Remuneration
(b) Cost (b) Per$100 of Cost
la) By named insured's employees
(b) By independent contractors-
Owner's Protective Liability
-
4. Products-Completed Operations (a) Sales (a) Per$1,000 of Sales
RESTAURANTS 0491 (bl (b) Per
15 ,000 .447 .02 14.40 5.00
5. Contractual-Specified Types of Agreements (a) Number Insured (a) Per Contract
(b) Cost (b) Per$100 of Cost
Item 5. During the past three years, no insurer has canceled or declined any insurance issued to the named insured, similar to that afforded
hereunder unless otherwise stated herein: NO EXCEPTIONS
Countersigned at HUNTINGTON BEACH, CALIFORNIA this 15th day of MOIR , 19 56
By /I IJT HO R IZED. GENT,I"YA'
GL-1 0054 Printed in U.S.A.
(Attach endorsements here)
(g) to injury, sickness, disease, death or destruction due to war, formed by independent contractors, and under coverage D, to any of the
whether or not declared, civil war, insurrection, rebellion or revolution, following insofar as any of them occur on or from premises owned by or
or to any act or condition incident to any of the foregoing, with respect rented to the named insured and injure or destroy buildings or property
to I l liability assumed by the insured under any contract or agree- therein and are not due to fire: (1) the discharge, leakage or overflow
ment or 12) expenses under Insuring Agreement II lbl (3) or under of water or steam from plumbing, heating, refrigerating or air-condi-
coverage C;
tioning systems, standpipes for fire hose, or industrial or domestic appli-
(h) under coverages A, B and D, to liability imposed upon the in- antes, or any substance from automatic sprinkler systems, (2) the col-
sured or any indemnitee, as a person or organization engaged in the lapse or fall of tanks or the component parts or supports thereof which
business of manufacturing, selling or distributing alcoholic beverages, form a part of automatic sprinkler systems, or (31 rain or snow od-
or as an owner or lessor of premises used for such purposes, by reason mitted directly to the building interior through defective roofs, leaders
of any statute or ordinance pertaining to the sale, gift, distribution or or spouting, or open or defective doors, windows, skylights, transoms or
use of any alcoholic beverage and, under coverage C, to any expense ventilators;
resulting from such sale, gift, distribution or use;
(m) under coverage C, to bodily injury to or sickness, disease or
(i) under coverages A and D, to any obligation for which the insured death of (1 1 the named insured, any partner therein, any tenant or
or any carrier as his insurer may be held liable under any workmen's other person regularly residing on premises owned by or rented to the
compensation, unemployment compensation or disability benefits law, named insured, or any employee of such insured, tenant or other person
or under any similar law; arising out of and in the course of his employment therewith, or (2) any
I j 1 under coverage A,to bodily injury to or sickness, disease or death other tenant of such premises, or any employee of such other tenant
of any employee of the insured arising out of and in the course of his pacing out of and in the course suchf his employmentertenat, or ( 1 therewith,n on that
employment by the insured; part of such premises rented to other tenant, (31 any person
arising out of and in the course of his employment if benefits therefor
are in whole or in part either payable or required to be provided under
(k) under coverages B and D, to injury to or destruction of (1) any workmen's compensation law, or (4) any person while engaged in
property owned or occupied by or rented to the insured, or (2) except maintenance, alteration, demolition or new construction operations for
with respect to liability under sidetrack agreements covered by this pal- the named insured or for any lessee of the named insured or any lessor
icy, property used by the insured, or (3) except with respect to liability of premises rented to the named insured, or (5) any person practicing,
under such sidetrack agreements or the use of elevators, property in the instructing or participating in any physical training, sport, athletic
care,custody or control of the insured or property as to which the insured activity or contest;
for any purpose is exercising physical control,or (4) any goods, products
or containers thereof manufactured,sold, handled or distributed or prem- In) under coverage C,to (1 1 elevators, unless medical payments for
ises alienated by the named insured, or work completed by or for the elevators is stated in the declarations as included, or (2) any expense
named insured, out of which the accident arises; for services bythe named insured, anyemployee thereof, or any
person
(I) under coverage B, with respect to division 1 of the Definition of or organization under contract to the named insured to provide such
Hazards, and under division 3 except with respect to operations per- services.
CONDITIONS
1. Premium The premium bases and rates for the hazards described 3. Definitions
in the declarations are stated therein. Premium bases
and rates for hazards not so described are those applicable in accordance (a) Premises. The unqualified word "premises" means the premises
with the manuals in use by the company. designated in the declarations and includes the ways immediately
The premium stated in the declarations for divisions 3 and 4 of the adjoining on land.
Definition of Hazards, and for such classifications in division 1 for which
the premium basis is stated as "admissions", "receipts" or "units" are Ibl Elevator. The word "elevator" means any hoisting or lowering
estimated premiums only. Upon termination of this policy, the earned device to connect floors or landings at the premises, unless the
premium for these hazards shall be computed in accordance with the named insured owns, rents or controls only a part of the building
company's rules, rates, rating plans, premiums and minimum premiums and does not operate, maintain or control the elevator, whether
applicable to this insurance. If the earned premium thus computed ex- or not such device is in service, and all appliances thereof, includ-
ceeds the estimated advance premium paid, the named insured shall pay ing any car, platform, shaft, hoistway, stairway, runway, power
the excess to the company; if less, the company shall return to the equipment and machinery. "Elevator" does hot include a hoist
named insured the unearned portion paid by such insured. The named without a platform outside a building if without mechanical power
insured shall maintain for the aforesaid hazards records of the informs- or if not attached to building walls, or a hod or material hoist used
tion necessary for premium computation on the basis stated in the dec- in alteration, construction or demolition operations, or an inclined
larations and shall send copies of such records to the company at the conveyor used exclusively for carrying property, or a dumbwaiter
end of the policy period and at such times during the policy period as used exclusively for carrying property and having a compartment
the company may direct. height not exceeding four feet.
When used as a premium basis: (c) Automobile. The word "automobile" means a land motor vehicle,
trailer or semitrailer, provided:
111 the word "admissions" means the total number of persons, other
than employees of the named insured, admitted to the event in- (1) The following described equipment shall be deemed an auto-
sured or to events conducted on the premises whether on paid mobile while towed by or carried on an automobile not so
admission tickets, complimentary tickets or passes; described, but not otherwise: if of the crawler-type, any trac-
tor, power crane or shovel, ditch or trench digger; any farm-
121 the word "cost" means the total cost to the named insured under type tractor; any concrete mixer other than of the mix-in-
division 3 of the Definition of Hazards, or to any indemnitee under transit type; any grader, scraper, roller or farm implement;
coverage D, of all work let or sub-let in connection with each spe- and, if not subject to motor vehicle registration, any other
cific project, including the cost of all labor, materials and equip- equipment not specified in (2) below, which is designed for
ment furnished, used or delivered for use in the execution of such use principally off public roods.
work,whether furnished by the owner,contractor or sub-contractor,
including all fees, allowances, bonuses or commissions made, paid
or due; (21 The following described equipment shall be deemed an auto-
mobile while towed by or carried on an automobile as above
(3) the word "receipts" means the gross amount of money charged by defined solely for purposes of transportation or while being
the named insured for such operations by the named insured or by non solely for locomotion, but not otherwise: if trofench
the
others during the policy period as are rated on a receipts basis other non-crawlerd anytyp any power air-compressing,crg itr shovel,r ditch vacuumor clean-
thancean receipts from telecasting, broadcasting or motion pictures, i g, spger; a in goyedineqip borlw llg rima iand includes taxes, other than taxes which the named insured ing, spraying or welding equipment or well drilling machinery.
collects as a separate item and remits directly to a governmental Id) Assault and Battery. Under coverages A and B,assault and battery
9
shall be deemed an accident unless committed by or at the direc-
(4) the word "remuneration" means the entire remuneration earned tion of the insured.
during the policy period by all employees of the named insured 4. Limits of Liability The limit of bodily injury liability stated in the
engaged in the operations, subject to any overtime earnings or COVERAGES A AND 0 declarations as applicable to "each person" is
limitation of remuneration rule applicable in accordance with the the limit of the company's liability for all dam-
manuals in use by the company;
ages, including damages for care and loss of services, arising out of
bodily injury, sickness or disease, including death at any time resulting
151 the word "sales" means the gross amount of money charged by therefrom,sustained by one person as the result of any one accident; the
the named insured or by others trading under his name for all limit of such liability stated in the declarations as applicable to "each
goods and products sold or distributed during the policy period accident" is, subject to the above provision respecting each person, the
and charged during the policy period for installation, servicing or total limit of the company's liability for all damages, including damages
repair, and includes taxes, other than taxes which the named in- for core and loss of services, arising out of bodily injury, sickness or
sured and such others collect as a separate item and remit directly disease, including death at any time resulting therefrom, sustained by
to a governmental division. two or more persons as the result of any one accident.
2. Inspection and Audit The company shall be permitted to inspect 5. Limit of Liability The limit of property damage liability stated in
the insured premises, operations and ele- COVERAGES B AND D the declarations as applicable to"each accident"
vators and to examine and audit the insured's books and records at any is the total limit of the company's liability for
time during the policy period and any exten hereof and within three all damages arising >f injury to or destruction of all property of one
years after the final termination of this po Ds far as they relate to or more persons or nizations, including the loss of use thereof, as
the premium bases or the subject matter of ....a insurance. the result of any wno accident.
OWNERS', LANDLORDS' AND TENANTS' THE
SCHEDULE LIABILITY POLICY
SEE INSIDE OF POLICY FOR AMOUNTS OF METROPOLITAN
INSURANCE AND COVERAGES PROVIDED No. L.G. 35127 CASUALTY
Expires INSURANCE COMPANY
MARCH 15 , 1957 T NO l OF NEW YORK
Insured's Namemeand Mailing Address: �'1'Y
F-J. W. FERGUSON, ET AL
SO. SIDE OF "OCEAN AVE. BETWEEN
HUNTINGTON AVE. AND 1st STREET
HUNTINGTON BEACH, CALIFORNIA
L
LOYALTY GROUP
Please Read Your Policy
6. Limits of Liability Subject to the limit of liability with respect to entitled to recover under this policy to the extent of the insurance of-
COVERAGES A AND R "each accident", the limit of liability, if any, forded by this policy. Nothing contained in this policy shall give any
stated in the declarations os "aggregate" is the person or organization any right to join the company as a co-defendant
total limit of the company's liability for the division of hazards, and in any action against the insured to determine the insured's liability.
under the coverage, for which said limit is stated. Bankruptcy or insolvency of the insured or of the insured's estate
Under division 4 of the Definitions of Hazards all damages arising out shall not relieve the company of any of its obligations hereunder.
of one lot of goods or products prepared or acquired by the named
insured or by another trading under his name shall be considered as 14. Action Against Company No action shall lie against the company
arising out of one accident. COVERAGE C unless, as a condition precedent thereto,
The insurance afforded by this policy under division 2 of the Defini- there shall have been full compliance
tion of Hazards applies separately to each elevator. with all the terms of this policy, nor until thirty days after the required
proofs of claim have been filed with the company.
7. Limits of Liability The limit of liability for medical payments stated
COVERAGE c in the declarations as applicable to "each per- 15. Other Insurance If the insured has other insurance against
son" is the limit of the company's liability for COVERAGES A.R AND D a loss covered by this policy the company
all expenses incurred by or on behalf of each person who sustains bodily shall not be liable under this policy for a
injury, sickness or disease, including death resulting therefrom, as the greater proportion of such loss than the applicable limit of liability
result of any one occident; the limit of such liability stated in the decla- stated in the declarations bears to the total applicable limit of liability
rations as applicable to "each accident" is, subject to the above pro- of all valid and collectible insurance against such loss.
vision respecting each person, the total limit of the company's liability 16. Subrogation In the event of any payment under this
for all expenses incurred by or on behalf of two or more persons who COVERAGES A.0 AND D policy, the company shall be subrogated to
sustain bodily injury, sickness or disease, including death resulting there- all the insured's rights of recovery therefor
from,as the result of any one accident. against any person or organization and the insured shall execute and
8. Severability of Interests The term "the insured" is used severally deliver instruments and papers and do whatever else is necessary to
COVERAGES A.0 AND D and not collectively, but the inclusion secure such rights. The insured shall do nothing after loss to prejudice
herein of more than one insured shall not such rights.
operate to increase the limits of the company's liability. 17. Three Year Policy A policy period of three years is comprised of
9. Notice of Accident When an accident occurs written notice shall three consecutive annual periods. Computation
be given by or on behalf of the insured to the and adjustment of earned premium shall be mode at the end of each
company or any of its authorized agents as soon as practicable. Such annual period. Aggregate limits of liability as stated in this policy shall
notice shall contain particulars sufficient to identify the insured and also apply separately to each annual period.
reasonably obtainable information respecting the time, place and cir-
cumstances of the accident, the names and addresses of the injured and 18. Changes Notice to any agent or knowledge possessed by any
of available witnesses. agent or by any other person shall not effect a waiver
10. Notice of Claim or Suit If claim is made or suit is brought against or o change in any port of this policy or estop the company from assert-
the insured, the insured shall immediatelying any right under the terms of this policy; nor shall the terms of this
COVERAGES A.B AND 0 forward to the company every demand, policy be waived or changed, except by endorsement issued to form a
notice, summons or other process received by him or his representative. part of this policy, signed by a duly authorized representative of the
company.
11. Assistance and Cooperation The insured shall cooperate with the
of the Insured company and, upon the company's 19. Assignment Assignment of interest under this policy shall not
COVERAGES A.B AND D request, shall attend hearings and bind the company until its consent is endorsed here-
trials and shall assist in effecting on; if, however, the named insured shall die, this policy shall cover the
settlements, securing and giving evidence, obtaining the attendance of named insured's legal representative as named insured; provided that
witnesses and in the conduct of suits. The insured shall not, except at notice of cancelation addressed to the insured named in the declarations
his own cost, voluntarily make any payment, assume any obligation or and mailed to the address shown in this policy shall be sufficient notice
incur any expense other than for such immediate medical and surgical to effect cancelation of this policy.
relief to others as shall be imperative at the time of accident. 20. Cancelation This policy may be canceled by the named insured
12. Medical Reports; Proof and As soon as practicable the injured by surrender thereof to the company or any of its
Payment of Claim person or someone on his behalf shall authorized agents or by mailing to the company written notice stating
COVERAGE c give to the company written proof of when thereafter the cancelation shall be effective. This policy may be
claim, under oath if required, and canceled by the company by mailing to the named insured at the address
shall, after each request from the company, execute authorization to shown in this policy written notice stating when not less than ten days
enable the company to obtain medical reports and copies of records. thereafter such cancelation shall be effective. The mailing of notice as
The injured person shall submit to physical examination by physicians aforesaid shall be sufficient proof of notice. The time of the surrender
selected by the company when and as often as the company may reason- or the effective date and hour of cancelation stated in the notice
ably require. shall become the end of the policy period. Delivery of such written
The company may pay the injured person or any person or organiza- notice either by the named insured or by the company shall be equiva-
tion rendering the services and such payment shall reduce the amount lent to mailing.
payable hereunder for such injury. Payment hereunder shall not consti- If the named insured cancels, earned premium shall be computed in
tute admission of liability of the insured or, except hereunder, of the accordance with the customary short rate table and procedure. If the
company. company cancels, earned premium shall be computed pro rata. Premium
1 3. Action Against Company No action shall lie against the company adjustment may be made either at the time cancelation is effected or as
COVERAGES A.0 AND D unless, as a condition precedent thereto, soon as practicable after cancelation becomes effective, but payment
the insured shall have fully complied or tender of unearned premium is not a condition of cancelation.
with all the terms of this policy, nor until the amount of the insured's 21. Declarations By acceptance of this policy the named insured
obligation to pay shall have been finally determined either by judgment agrees that the statements in the declarations are
against the insured after actual trial or by written agreement of the his agreements and representations, that this policy is issued in reliance
insured, the claimant and the company. upon the truth of such representations and that this policy embodies all
Any person or organization or the legal representative thereof who agreements existing between himself and the company or any of its
has secured such judgment or written agreement shall thereafter be agents relating to this insurance.
IN WITNESS WHEREOF, THE METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, has caused this policy to be signed
by its president and a secretary and countersigned on the declarations page by a duly authorized agent of the Company.
'OW Secretary. d ,/ President.
, it):
The Metropolit; Casualty Insurance Co] any of New York
A STOCK INSURANCE COMPANY
(HEREIN CALLED THE COMPANY)
Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the
statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy:
INSURING AGREEMENTS
I Coverage A—Bodily Injury Liability (5) an agreement required by municipal ordinance in connection
To pay on behalf of the insured all sums which the insured shall with work for the municipality.
become legally obligated to pay as damages because of bodily injury,
sickness or disease, including death at any time resulting therefrom, II Defense,Settlement,Supplementary Payments
sustained by any person, caused by accident and arising out of the With respect to such insurance as is afforded by this policy for bodily
hazards hereinafter defined. injury liability and for property damage liability, the company shall:
(a) defend any suit against the insured alleging such injury, sickness,
Coverage B—Property Damage Liability disease or destruction and seeking damages on account thereof,
To pay on behalf of the insured all sums which the insured shall even if such suit is groundless, false or fraudulent; but the com-
become legally obligated to pay as damages because of injury to or pony may make such investigation, negotiation and settlement
destruction of property, including the loss of use thereof, caused by of any claim or suit as it deems expedient;
accident and arising out of the hazards hereinafter defined. (b) I 1 1 pay all premiums on bonds to release attachments for an amount
Definition of Hazards not in excess of the applicable limit of liability of this policy, all
premiums on appeal bonds required in any such defended suit,
Division 1 —Premises—Operations but without any obligation to apply for or furnish cny such bonds;
The ownership, maintenance or use of the premises, and all oper- (2)pay all expenses incurred by the company,all costs taxed against
ations necessary or incidental thereto. the insured in any such suit and all interest accruing after entry
of judgment until the company has paid or tendered or deposited
in court such part of such judgment as does not exceed the limit
Division 2—Elevators of the company's liability thereon;
The ownership, maintenance or use of any elevator designated in (3)pay expenses incurred by the insured for such immediate medical
the declarations. and surgical relief to others as shall be imperative at the time of
the accident;
Division 3—Structural Alterations,New Construction (4)reimburse the insured for all reasonable expenses, other than
Structural alterations which involve changing the size of buildings loss of earnings, incurred at the company's request;
or other structures and new construction, if the accident occurs in the and the amounts so incurred, except settlements of claims and suits, are
course of such operations at the premises by the named insured or payable by the company in addition to the applicable limit of liability
his contractors or their subcontractors. of this policy.
Division 4—Products—Completed Operations III Definition of Insured
(1 1 Goods or products manufactured, sold, handled or distributed With respect to the insurance under coverages A, B and D the
by the named insured or by others trading under his name, if the acci- unqualified word "insured" includes the named insured and also in-
ent occurs after possession of such goods or products has been relin- cludes any executive officer, director or stockholder thereof while
quished to others by the named insured or by others trading under his acting within the scope of his duties as such, and any organization or
name and if such accident occurs away from premises owned, rented proprietor with respect to real estate management for the named in-
or controlled by the named insured or on premises for which the classi- sured. If the named insured is a partnership, the unqualified word
fication stated in division 1 of Item 4 of the declarations excludes any "insured" also includes any partner therein but only with respect to
part of the foregoing; provided, such goods or products shall be his liability as such.
deemed to include any container thereof, other than a vehicle, but
shall not include any vending machine or any property, other than IV Insurance for Newly Acquired Premises,Elevators and Other Hazards
such container, rented to or located for use of others but not sold;
(2) operations, if the accident occurs after such operations have Such insurance as is afforded under division 1 of the Definition of
been completed or abandoned and occurs away from premises owned, Hazards and under coverage C applies to premises, draft or saddle
rented or controlled by the named insured; provided, operations shall animals, vehicles for use therewith, and vehicles from which mer-
not be deemed incomplete because improperly or defectively per- chandise is sold, if the named insured acquires ownership or control
formed or because further operations may be required pursuant to an thereof. Such insurance as is or can be afforded under division 2 and
agreement; provided further, the following shall not be deemed to be under coverage C applies to elevators newly installed at the premises
"operations" within the meaning of this paragraph: (a) pick-up or and to elevators at such other premises. Such insurance as is or can be
delivery, except from or onto a railroad car, (b) the maintenance of afforded under division 3 applies at such premises.
vehicles owned or used by or in behalf of the insured, Ic) the exis- This insuring agreement does not apply: (a) unless the named in-
tence of tools, uninstalled equipment and abandoned or unused mate- sured notifies the company within thirty days after the commencement
riots and (dl operations for which the classification stated in division of each such additional hazard to which he wishes the insurance to
1 of Item 4 of the declarations specifically includes completed apply; (b) to any loss against which the named insured has other valid
operations. and collectible insurance.
This insuring agreement applies only under the coverages for which
Coverage C—Medical Payments this policy already affords insurance and then applies subject to the
To pay all reasonable expenses incurred within one year from the limits of liability stated in the declarations but, if no applicable aggre-
gate limit is so stated, the aggregate limit shall be the minimum
dote of accident for necessary medical, surgical and dental services, aggregate limit in the company's manual corresponding to the "each
including prosthetic devices, and necessary ambulance, hospital, pro-
accident" limit stated in the declarations.
fessional nursing and funeral services, to or for each person who sus-
tains bodily injury, sickness or disease, caused by accident and arising
out of the ownership, maintenance or use of the premises, or operations V Incidental Written Agreements
necessary or incidental thereto. Exclusion (d) does not apply to the following types of written agree-
ments relating to the premises: (a) any easement agreement, except in
Coverage D—Contractual Liability of a Specified Type connection with a railroad grade crossing, or (b) any agreement on behalf of the insured all sums which the insured, byreason re-
quired by municipal ordinance, except in connection with work for the
To
pay municipality. Exclusions (a), (c) (2) and (jl do not apply to liability
of the liability assumed by him under any of the following types of assumed under such agreements. If, with respect to this insuring agree-
agreements, if in writing and if described in Item 4 of the declarations, ment, more than one division of the Definition of Hazards applies, the
shall become legally obligated to pay as damages because of: limits of liability applicable to this insuring agreement shall be the
highest limits of liability as stated in the declarations for any one of
Division 1. Bodily Injury Liability — bodily injury, sickness or dis- divisions 1, 2 and 3.
ease, including death at any time resulting therefrom, sustained by
any person and caused by accident. VI Alienated Premises
Such insurance as is afforded by this policy under division 1 of the
Division 2. Property Damage Liability—injury to or destruction of Definition of Hazards applies to premises alienated by the named in-
property, including the loss of use thereof, caused by accident. sured, if the accident occurs after the named insured has relinquished
possession thereof to others. This insuring agreement does not apply
Types of Agreements: to premises constructed for sole by the named insured or over which
9 the named insured has any right of control.
(1) a lease of premises;
(2) a sidetrack agreement; VII Policy Period,Territory
(3) an elevator or escalator maintenance agreement; This policy applies only to accidents which occur during the policy
(4) oneosement agreement-in connection with a railroad period within the United States of America, its territories or possessions,
grade crossing; or Canada.
EXCLUSIONS
This policy does not apply: lition operations, by the named insured or his contractors or their sub-
contractors, (2) the Products— Completed Operations Hazard, or
(a) under division 1 of the Definition of Hazards, and under divi- (3) operations on or from premises, other than as defined, which are
sion 3 except for operations performed by independent contractors, and owned by, rented to or controlled by the named insured;
under coverage C, to the ownership, maintenance, operation, use, load-
ing or unloading of (1) automobiles if the accident occurs away from (d) under divisions 1, 2 and 3 of the Definition of Hazards, to
the premises, (2) draft or saddle animals, vehicles for use therewith, liability assumed by the insured under any contract or agreement;
vehicles from which merchandise is sold or watercraft, if the accident
occurs away from the premises, except insofar as this port of this ex- (e) under division 4 of the Definition of Hazards, to liability as-
clusion is stated in the declarations to be inapplicable, or (3) aircraft; sumed by the insured under any contract or agreement except a war-
ranty of goods or products;
(b) under division 1 of the Definition of Hazards, to elevators; (f) under coverage D and under Insuring Agreement V, to (1) a
(c) under division 1 of the Definition of Hazards, and under coy- warranty of goods or products, or (2) any obligation for which the
erage C, to I l) structural alterations which involve changing the size insured may be held liable in on action on a contract or an agreement
of or moving buildings or other structures, new construction or demo- by a person not a party thereto;
I T'E METROPOLITA "T
CASUALTY INSURANCE COMPANY
OF NEW YORK
A STOCK COMPANY CHARTERED APRIL 22ND, 1874
DECLARATIONS OWNERS', LANDLORDS' & TENANTS' SCHEDULE LIABILITY POLICY
Item 1. Named Insured J.W. FERGUSON AND MARY FERGUSON
Address Location of NO.
premisesSOUSAMEIDE OF OCEAN AVENTN$ "'WEEN HUNTINGTON AVE. AND lit STREET
H>:h±NGTON BEACH,bALIF.
(ENTER "SAME" IF SAME LOCATION AS ABOVE ADDRESS)
Part occupied by
Interest of named insured in premises named insured ENTIRE
(ENTER "OWNER." "GENERAL LESSEE" OR "TENANT")
Business of the named insured is RESTAURANT & GROCER d insured is INDIVIDUAL
INDIVIDUAL. CORPORATION. OR COPARTNERSHIP
Item 2. Policy Period: From MARCH 15, 1957 to MARCH 15, 1958
12:01 A.M., standard time at the address of the named insured as stated herein.
Item 3. The insurance afforded is only with respect to such and so many of the following coverages and divisions thereunder as are indicated by
specific premium charge or charges. The limit of the company's liability against each such coverage and division shall be as stated
herein, subject to all the terms of this policy having reference thereto.
COVERAGES LIMITS OF LIABILITY DIVISIONS PREMIUMS
$ 50,000. each person 1. Premises-Operations $ 56.94
A Bodily Injury Liability $ 100,000. each accident 2. Elevators $
$ aggregate 3. Structural Alterations $AGGREGATE APPLIES TO DIV. 4 ONLY 4. Products-Completed Operations $ 34.40
$ 5,000. each occident 1. Premises-Operations $ 25.00
B Pro ert Dama a Liabilit $ 25 ,000. aggregate 2. Elevators $
p y 9 y AGGREGATE APPLIES TO DIVS. 3 & 4 $
3. Structural Alterations
4. Products-Completed Operations $ 5. 00
C Medical Payments $ each person 1. Premises-Operations $
$ each accident 2. Elevators $
D Contractual Liability of a Specified
Type- $ each person
1. Bodily Injury Liability
$ each accident $
2. Property Damage Liability $ each accident $
Total Advance Premium $ 121.3!N
If Policy Period three years net premium $ payable:
On effective date of Policy$ 1st Anniversary$ 2nd Anniversary$
Item 4. Description of Hazards Rates Premiums
Code Premium Bases
The rating classifications under the Description of Hazards No, BodilyInjuryProperty Damage BodilyInjuryProperty Damage
do not modify the exclusions or other terms of this policy. P y B y 9
Liability Liability Liability Liability
1. Premises-Operations Purposes of Use (a) Area (Sq. Ft.) (a) Per 100 Sq. Ft.of Area
SOUTH SIDE OF OCEAN AVENUE, (b) Frontage (b) Per Linear Foot
BETWEEN HUNTINGTON AVENUE (c) (c)
AND 1st STREET, 1715
HUNTINGTON BEACH, CALIFORNIA 049:. a) 600 9.49 .15 56.94 25.00
RESTAURANT AND GROCERY
STORE
2. Elevators Number Insured Per Elevator
3. Structural Alterations, New Construction (a) Remuneration (a) Per$100 of Remuneration
(b) Cost (b) Per$100 of Cost
(a) By named insured's employees
(b) By independent contractors-
Owner's Protective Liability
4. Products-Completed Operations (a) Soles (a) Per$1,000 of Sales
RESTAURANTS 11215(b) (b) Per
0491 A/15,000 .447 . 02 34.40 5.00
5. Contractual-Specified Types of Agreements (a) Number Insured (a) Per Contract
(b) Cost (b) Per$100 of Cost
Item 5. During the past three years, no insurer has canceled or declined any insurance issued to the named insured, similar to that afforded
hereunder unless otherwise stated herein: NO EXCEPTIONS
Countersigned at HUNTINGTON BEACH, CALIFORNIA this 15th day of MARCH , 1957
1L.
By
6,/, •7i
GL-10054 Printed in U.S.A.
(Attach endorsements here)
(g) to injury, sickness, disease, death or destruction due to war, formed by independent contractors, and under coverage D, to any of the
whether or not declared, civil war, insurrection, rebellion or revolution, following insofar as any of them occur on or from premises owned by or
or to any act or condition incident to any of the foregoing, with respect rented to the named insured and injure or destroy buildings or property
to (1) liability assumed by the insured under any contract or agree- therein and are not due to fire: (1) the discharge, leakage or overflow
ment or (2) expenses under Insuring Agreement II(b) (3) or under of water or steam from plumbing, heating, refrigerating or air-condi-
coverage C;
tioning systems, standpipes for fire hose, or industrial or domestic appli-
(h) under coverages A, B and D, to liability imposed upon the in- ances, or any substance from automatic sprinkler systems, (2) the col-
sured or any indemnitee, as a person or organization engaged in the lapse or fall of tanks or the component parts or supports thereof which
business of manufacturing, selling or distributing alcoholic beverages, form a part of automatic sprinkler systems, or (3) rain or snow ad-
or as an owner_or lessor of premises used for such purposes, by reason mitted directly to the building interior through defective roofs, leaders
of any statute or ordinance pertaining to the sale, gift, distribution or or spouting, or open or defective doors, windows, skylights, transoms or
use of any alcoholic beverage and, under coverage C, to any expense ventilators;
resulting from such sale, gift, distribution or use;
(m) under coverage C, to bodily injury to or sickness, disease or
(i) under coverages A and D, to any obligation for which the insured death of (1) the named insured, any partner therein, any tenant or
or any carrier as his insurer may be held liable under any workmen's other person regularly residing on premises owned by or rented to the
compensation, unemployment compensation or disability benefits law, named insured, or any employee of such insured, tenant or other person
or under any similar law; arising out of and in the course of his employment therewith, or (2) any
other tenant of such premises, or any employee of such other tenant
(j( under coverage A,to bodily injury to or sickness, disease or death arising out of and in the course of his employment therewith, on that
of any employee of the insured arising out of and in the course of his part of such premises rented to such other tenant, or (3) any person
employment by the insured; arising out of and in the course of his employment if benefits therefor
are in whole or in part either payable or required to be provided under
(k) under coverages B and D, to injury to or destruction of (1) any workmen's compensation law, or (41 any person while engaged in
property owned or occupied by or rented to the insured, or (2) except maintenance, alteration, demolition or new construction operations for
with respect to liability under sidetrack agreements covered by this pol- the named insured or for any lessee of the named insured or any lessor
icy, property used by the insured, or (3( except with respect to liability of premises rented to the named insured, or (5) any person practicing,
under such sidetrack agreements or the use of elevators, property in the instructing or participating in any physical training, sport, athletic
care, custody or control of the insured or property as to which the insured activity or contest;
for any purpose is exercising physical control,or (41 any goods, products
or containers thereof manufactured,sold, handled or distributed or prem- (n) under coverage C, to (1) elevators, unless medical payments for
ises alienated by the named insured, or work completed by or for the elevators is stated in the declarations as included, or (2) any expense
named insured, out of which the accident arises; for services bythe named insured, anyemployee thereof, or any
person
(I) under coverage B, with respect to division 1 of the Definition of or organization under contract to the named insured to provide such
Hazards, and under division 3 except with respect to operations per- services.
CONDITIONS
1. Premium The premium bases and rates for the hazards described 3. Definitions
in the declarations are stated therein. Premium bases
and rates for hazards not so described are those applicable in accordance (a) Premises. The unqualified word "premises" means the premises
with the manuals in use by the company, designated in the declarations and includes the ways immediately
The premium stated in the declarations for divisions 3 and 4 of the adjoining on land.
Definition of Hazards, and for such classifications in division 1 for which
the premium basis is stated as "admissions", "receipts" or "units" are (b) Elevator. The word "elevator" means any hoisting or lowering
estimated premiums only. Upon termination of this policy, the earned device to connect floors or landings at the premises, unless the
premium for these hazards shall be computed in accordance with the named insured owns, rents or controls only a part of the building
company's rules, rates, rating plans, premiums and minimum premiums and does not operate, maintain or control the elevator, whether
applicable to this insurance. If the earned premium thus computed ex- or not such device is in service, and all appliances thereof, includ-
ceeds the estimated advance premium paid, the named insured shall pay ing any car, platform, shaft, hoistway, stairway, runway, power
the excess to the company; if less, the company shall return to the equipment and machinery. "Elevator" does 'not include a hoist
named insured the unearned portion paid by such insured. The named without a platform outside a building if without mechanical power
insured shall maintain for the aforesaid hazards records of the informa- or if not attached to building walls, or a hod or material hoist used
tion necessary for premium computation on the basis stated in the dec- in alteration, construction or demolition operations, or an inclined
larations and shall send copies of such records to the company at the conveyor used exclusively for carrying property, or a dumbwaiter
end of the policy period and at such times during the policy period as used exclusively for carrying property and having a compartment
the company may direct. height not exceeding four feet.
When used as a premium basis: (c) Automobile. The word "automobile" means a land motor vehicle,
trailer or semitrailer, provided:
(11 the word "admissions" means the total number of persons, other
than employees of the named insured, admitted to the event in- (1) The following described equipment shall be deemed an auto-
sured or to events conducted on the premises whether on paid mobile while towed by or carried on an automobile not so
admission tickets, complimentary tickets or passes; described, but not otherwise: if of the crawler-type, any trac-
tor, power crane or shovel, ditch or trench digger; any farm-
(2) the word "cost" means the total cost to the named insured under type tractor; any concrete mixer other than of the mix-in-
division 3 of the Definition of Hazards, or to any indemnitee under transit type; any grader, scraper, roller or farm implement;
coverage D, of all work let or sub-let in connection with each spe- and, if not subject to motor vehicle registration, any other
cific project, including the cost of all labor, materials and equip- equipment not specified in (2) below, which is designed for
ment furnished, used or delivered for use in the execution of such use principally off public roods.
work,whether furnished by the owner, contractor or sub-contractor,
including all fees, allowances, bonuses or commissions made, paid
or due; (2) The following described equipment shall be deemed an auto-
mobile while towed by or carried on an automobile as above
(3) the word "receipts" means the gross amount of money charged by defined solely for purposes of transportation or while being
the named insured for such operations by the named insured or by nnonrated solely forlocomotion,anyowecrane but not otherwise: if trofench
the
others during the policy period as are rated on a receipts basis other digger;on-crawler anytyp c power in , uo l shovel,r ditch vacuumo clean-
thancean receipts from telecasting, broadcasting or motio.i pictures, i , p a in goy welding equipme, borlwn lg rima iand includes taxes, other than taxes which the named insured ing, spraying or welding equipment or well drilling machinery.
collects as a separate item and remits directly to a governmental
division; (d) Assault and Battery. Under coverages A and B,assault and battery
shall be deemed an accident unless committed by or at the direc-
(4) the word "remuneration" means the entire remuneration earned tion of the insured.
during the policy period by all employees of the named insured 4. Limits of Liability The limit of bodily injury liability stated in the
engaged in the operations, subject to any overtime earnings or COVERAGES A AND D declarations as applicable to "each person" is
limitation of remuneration rule applicable in accordance with the the limit of the company's liability for all dam-
manuals in use by the company;
ages, including damages for care and loss of services, arising out.of
bodily injury, sickness or disease, including death at any time resulting
(5) the word "sales" means the gross amount of money charged by therefrom,sustained by one person as the result of any one accident; the
the named insured or-Joy ,others trading under his name for all limit of such liability stated in the declarations as applicable to "each
goods and products sold or distributed during the policy period accident" is, subject to the above provision respecting each person, the
and charged during the policy period for installation, servicing or total limit of the company's liability for all damages, including damages
repair, and includes taxes, other than taxes which the named in- for care and loss of services, arising out of bodily injury, sickness or
sured and such others collect as a separate item and remit directly disease, including death at any time resulting therefrom, sustained by
to a governmental division. two or more persons as the result of any one occident.
2. Inspection and Audit The company shall be permitted to inspect 5. Limit of Liability The limit of property damage liability stated in
the insured premises, operations and ele- COVERAGES B AND D the declarations as applicable to"each accident"
vators and to examine and audit the insured's books and records at any is the total limit of the company's liability for
time during the policy period and any exter hereof and within three all damages arisin) of injury to or destruction of all property of one
years after the final termination of this p os far as they relate to or more persons of nizations, including the loss of use thereof, as
the premium bases or the subject matter o.�.w insurance. the result of any occident.
1
OWNERS', LANDLORDS' AND TENANTS' THE
SCHEDULE LIABILITY POLICY
SEE INSIDE OF POLICY FOR AMOUNTS OF METROPOLITAN
INSURANCE AND COVERAGES PROVIDED No. L.G. 68714 CASUALTY
Expires MARCH 15, 1958 INSURANCE COMPANY
Insured's Name and Mailing Address: OF NEW YORK
!'OUCY NOT Eiibi •'1
rO ASSIGNMENT
J.W. FERGUSON ET AL
SO.SIDE OF OCEAN AVE, BETWEEN
HUNTINGTON AVE AND 1st STREET
I- HUNTINGTON BEACH, CALIFORNIA
LOYALTY GROUP
Please Read Your Policy
6. Limits of Liability Subject to the limit of liability with respect to entitled to recover under this policy to the extent of the insurance of-
COVERAGES A AND B "eoch accident", the limit of liability, if any, forded by this policy. Nothing contained in this policy shall give any
stated in the declarations as "aggregate" is the person or organization any right to join the company as a co-defendant
total limit of the company's liability for the division of hazards, and in any action against the insured to determine the insured's liability.
under the coverage, for which said limit is stated. Bankruptcy or insolvency of the insured or of the insured's estate
Under division 4 of the Definitions of Hazards all damages arising out shall not relieve the company of any of its obligations hereunder.
of one lot of goods or products prepared or acquired by the named
insured or by another trading under his name shall be considered as 14. Action Against Company No action shall lie against the company
arising out of one accident. COVERAGE C unless, as a condition precedent thereto,
The insurance afforded by this policy under division 2 of the Defini- there shall have been full compliance
tion of Hazards applies separately to each elevator. with all the terms of this policy, nor until thirty days after the required
proofs of claim have been filed with the company.
7. Limits of Liability The limit of liability for medical payments stated
COVERAGE C in the declarations as applicable to "each per- 15. Other Insurance If the insured has other insurance against
son" is the limit of the company's liability for COVERAGES A.B AND D a loss covered by this policy the company
all expenses incurred by or on behalf of each person who sustains bodily shall not be liable under this policy for a
injury, sickness or disease, including death resulting therefrom, as the greater proportion of such loss than the applicable limit of liability
result of any one accident; the limit of such liability stated in the decla- stated in the declarations bears to the total applicable limit of liability
rations as applicable to "each accident" is, subject to the above pro- of all valid and collectible insurance against such loss.
vision respecting each person, the total limit of the company's liability 16. Subrogation In the event of any payment under this
for all expenses incurred by or on behalf of two or more persons who COVERAGES A.B AND D policy, the company shall be subrogated to
sustain bodily injury, sickness or disease, including death resulting there- all the insured's rights of recovery therefor
from,as the result of any one accident. against any person or organization and the insured shall execute and
8. Severability of Interests The term "the insured" is used severally deliver instruments and papers and do whatever else is necessary to
COVERAGES A.B AND D and not collectively, but the inclusion secure such rights. The insured shall do nothing after loss to prejudice
herein of more than one insured shall not such rights.
operate to increase the limits of the company's liability. 17. Three Year Policy A policy period of three years is comprised of
9. Notice of Accident When an accident occurs written notice shall three consecutive annual periods. Computation
be given by or on behalf of the insured to the and adjustment of earned premium shall be made at the end of each
company or any of its authorized agents as soon as practicable. Such annual period. Aggregate limits of liability as stated in this policy shall
notice shall contain particulars sufficient to identify the insured and also apply separately to each annual period.
reasonably obtainable information respecting the time, place and cir-
cumstances of the accident, the names and addresses of the injured and 18. Changes Notice to any agent or knowledge possessed by any
of available witnesses. agent or by any other person shall not effect a waiver
10. Notice of Claim or Suit If claim is mode or suit is brought against or a change in any port of this policy or estop the company from assert-
COVERAGES A.B AND D the insured, the insured shall immediately ing any right under the terms of this policy; nor shall the terms of this
forward to the company every demand, policy bewaived or changed, except by endorsement issued to form a
notice, summons or other process received by him or his representative. Part of thisw policy, signed by a duly authorized representative of the
company.
11. Assistance and Cooperation The insured shall cooperate with the
of the Insured company and, upon the company's 19. Assignment Assignment of interest under this policy shall not
COVERAGES A.B AND D request, shall attend hearings and bind the company until its consent is endorsed here-
trials and shall assist in effecting on; if, however, the named insured shall die, this policy shall cover the
settlements, securing and giving evidence, obtaining the attendance of named insured's legal representative as named insured; provided that
witnesses and in the conduct of suits. The insured shall not, except at notice of cancelation addressed to the insured named in the declarations
his own cost, voluntarily make any payment, assume any obligation or and mailed to the address shown in this policy shall be sufficient notice
incur any expense other than for such immediate medical and surgical to effect cancelation of this policy.
relief to others as shall be imperative at the time of accident. 20. Cancelation This policy may be canceled by the named insured
12. Medical Reports; Proof and As soon as practicable the injured by surrender thereof to the company or any of its
Payment of Claim person or someone on his behalf shall authorized agents or by mailing to the company written notice stating
COVERAGE C give to the company written proof of when thereafter the cancelation shall be effective. This policy may be
claim, under oath if required, and canceled by the company by mailing to the named insured at the address
shall, after each request from the company, execute authorization to shown in this policy written notice stating when not less than ten days
enable the company to obtain medical reports and copies of records. thereafter such cancelation shall be effective. The mailing of notice as
The injured person shall submit to physical examination by physicians aforesaid shall be sufficient proof of notice. The time of the surrender
selected by the company when and as often as the company may reason- or the effective dote and hour of cancelation stated in the notice
ably require. shall become the end of the policy period. Delivery of such written
The company may pay the injured person or any person or organiza- notice either by the named insured or by the company shall be equiva-
tion rendering the services and such payment shall reduce the amount lent to mailing.
payable hereunder for such injury. Payment hereunder shall not consti- If the named insured cancels, earned premium shall be computed in
tute admission of liability of the insured or, except hereunder, of the accordance with the customary short rate table and procedure. If the
company. company cancels, earned premium shall be computed pro rata. Premium
13. Action Against Company No action shall lie against the company adjustment may be made either at the time cancelation is effected or as
COVERAGES A.B AND D unless, as a condition precedent thereto, soon as practicable after cancelation becomes effective, but payment
the insured shall have fully complied or tender of unearned premium is not a condition of cancelation.
with all the terms of this policy, nor until the amount of the insured's 21. Declarations By acceptance of this policy the named insured
obligation to pay shall have been finally determined either by judgment agrees that the statements in the declarations ore
against the insured after actual trial or by written agreement of the his agreements and representations, that this policy is issued in reliance
insured, the claimant and the company. upon the truth of such representations and that this policy embodies all
Any person or organization or the legal representative thereof who agreements existing between himself and the company or any of its
has secured such judgment or written agreement shall thereafter be agents relating to this insurance.
IN WITNESS WHEREOF, THE METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, has caused this policy to be signed
by its president and a secretary and countersigned on the declarations page by a duly authorized agent of the Company.
it)paAAA'*Ur Secretary. d J President.
The Metropolil Casualty Insurance Co any of New York
A STOCK INSURANCE COMPANY
(HEREIN CALLED THE COMPANY)
Agrees with the insured, named in the declarations made a port hereof, in consideration of the payment of the premium and in reliance upon the
statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy:
INSURING AGREEMENTS
I Coverage A—Bodily Injury Liability (51 an agreement required by municipal ordinance in connection
To pay on behalf of the insured all sums which the insured shall with work for the municipality.
become legally obligated to pay as damages because of bodily injury,
sickness or disease, including death at any time resulting therefrom, II Defense,Settlement,Supplementary Payments
sustained by any person, caused by accident and arising out of the With respect to such insurance as is afforded by this policy for bodily
hazards hereinafter defined. injury liability and for property damage liability, the company shall:
(a) defend any suit against the insured alleging such injury, sickness,
Coverage B—Property Damage Liability disease or destruction and seeking damages on account thereof,
To pay on behalf of the insured all sums which the insured shall even if such suit is groundless, false or fraudulent; but the com-
become legally obligated to pay as damages because of injury to or pony may make such investigation, negotiation and settlement
destruction of property, including the loss of use thereof, caused by of any claim or suit as it deems expedient;
accident and arising out of the hazards hereinafter defined. (bl (1)pay all premiums on bonds to release attachments for an amount
not in excess of the applicable limit of liability of this policy, all
Definition of Hazards premiums on appeal bonds required in any such defended suit,
Division 1 —Premises—Operations but without any obligation to apply for or furnish cny such bonds;
The ownership, maintenance or use of the premises, and all oper- (2)pay all expenses incurred by the company,all costs taxed against
ations necessary or incidental thereto. the insured in any such suit and all interest accruing after entry
of judgment until the company has paid or tendered or deposited
in court such part of such judgment as does not exceed the limit
Division 2—Elevators of the company's liability thereon;
The ownership, maintenance or use of any elevator designated in (3)pay expenses incurred by the insured for such immediate medical
the declarations. and surgical relief to others as shall be imperative at the time of
the accident;
Division 3—Structural Alterations, New Construction (4)reimburse the insured for all reasonable expenses, other than
Structural alterations which involve changing the size of buildings loss of earnings, incurred at the company's request;
or other structures and new construction, if the accident occurs in the and the amounts so incurred, except settlements of claims and suits, are
course of such operations at the premises by the named insured or payable by the company in addition to the applicable limit of liability
his contractors or their subcontractors. of this policy.
Division 4—Products—Completed Operations III Definition of Insured
l 1 1 Goods or products manufactured, sold, handled or distributed With respect to the insurance under coverages A, B and D the
by the named insured or by others trading under his name, if the acci- unqualified word "insured" includes the named insured and also in-
ent occurs after possession of such goods or products has been relin- cludes any executive officer, director or stockholder thereof while
quished to others by the named insured or by others trading under his acting within the scope of his duties as such, and any organization or
name and if such accident occurs away from premises owned, rented proprietor with respect to real estate management for the named in-
or controlled by the named insured or on premises for which the classi- sured. If the named insured is a partnership, the unqualified word
fication stated in division 1 of Item 4 of the declarations excludes any "insured" also includes any partner therein but only with respect to
part of the foregoing; provided, such goods or products shall be his liability as such.
deemed to include any container thereof, other than a vehicle, but
shall not include any vending machine or any property, other than IV Insurance for Newly Acquired Premises,Elevators and Other Hazards
such container, rented to or located for use of others but not sold;
(2) operations, if the accident occurs after such operations have Such insurance as is afforded under division 1 of the Definition of
been completed or abandoned and occurs away from premises owned, Hazards and under coverage C applies to premises, draft or saddle
rented or controlled by the named insured; provided, operations shall animals, vehicles for use therewith, and vehicles from which mer-
not be deemed incomplete because improperly or defectively per- chandise is sold, if the named insured acquires ownership or control
formed or because further operations may be required pursuant to an thereof. Such insurance as is or can be afforded under division 2 and
agreement; provided further, the following shall not be deemed to be under coverage C applies to elevators newly installed at the premises
"operations" within the meaning of this paragraph: (a) pick-up or and to elevators at such other premises. Such insurance as is or can be
delivery, except from or onto a railroad car, (b) the maintenance of afforded under division 3 applies at such premises.
vehicles owned or used by or in behalf of the insured, (c) the exis- This insuring agreement does not apply: (a) unless the named in-
tence of tools, uninstalled equipment and abandoned or unused mate- sured notifies the company within thirty days after the commencement
rials and (d) operations for which the classification stated in division of each such additional hazard to which he wishes the insurance to
1 of Item 4 of the declarations specifically includes completed apply; (b) to any loss against which the named insured has other valid
operations. and collectible insurance.
This insuring agreement applies only under the coverages for which
Coverage C—Medical Payments- this policy already affords insurance and then applies subject to the
To pay all reasonable expenses incurred within one year from the limits of liability stated in the declarations but, if no applicable aggre-
date of accident for necessary medical, surgical and dental services, gate limit is so stated, the aggregate limit shall be the minimum
including prosthetic devices, and necessary ambulance, hospital, pro- aggregate limit in the company's manual corresponding to the each
fessional nursing and funeral services, to or for each person who sus- accident' limit stated in the declarations.
tains bodily injury, sickness or disease, caused by accident and arising
out of the ownership, maintenance or use of the premises, or operations V Incidental Written Agreements
necessary or incidental thereto. Exclusion (d) does not apply to the following types of written agree-
ments relating to the premises: (a) any easement agreement, except in
Coverage D—Contractual Liability of a Specified Type connection with a railroad grade crossing, or (b) any agreement re-
quired by municipal ordinance, except in connection with work for the
To pay on behalf of the insured all sums which the insured, by reason municipality. Exclusions (a), (c) (2) and (j1 do not apply to liability
of the liability assumed by him under any of the following types of assumed under such agreements. If, with respect to this insuring agree-
agreements, if in writing and if described in Item 4 of the declarations, ment, more than one division of the Definition of Hazards applies, the
shall become legally obligated to pay as damages because of: limits of liability applicable to this insuring agreement shall be the
highest limits of liability as stated in the declarations for any one of
Division 1. Bodily Injury Liability—bodily injury, sickness or dis- divisions 1, 2 and 3.
ease, including death at any time resulting therefrom, sustained by
any person and caused by accident. VI Alienated Premises
Such insurance as is afforded by this policy under division 1 of the
Division 2. Property Damage Liability—injury to or destruction of Definition of Hazards applies to premises alienated by the named in-
property, including the loss of use thereof, caused by accident. sured, if the accident occurs after the named insured has relinquished
possession thereof to others. This insuring agreement does not apply
Types of Agreements: to premises constructed for sale by the named insured or over which
• the named insured has any right of control.
(1) a lease of premises;
(2) a sidetrack agreement; VII Policy Period,Territory
(3) an elevator or escalator maintenance.agreement; This policy applies only to accidents which occur during the policy
(4) an easement agreement-in connection with a railroad period within the United States of America, its territories or possessions,
grade crossing; or Canada.
EXCLUSIONS
This policy does not apply: lition operations, by the named insured or his contractors or their sub-
contractors, (2) the Products — Completed Operations Hazard, or
(a) under division 1 of the Definition of Hazards, and under divi- (31 operations on or from premises, other than as defined, which are
sion 3 except for operations performed by independent contractors, and owned by, rented to or controlled by the named insured;
under coverage C, to the ownership, maintenance, operation, use, load-
ing or unloading of (1) automobiles if the accident occurs away from (d) under divisions 1, 2 and 3 of the Definition of Hazards, to
the premises, (2) draft or saddle animals, vehicles for use therewith, liability assumed by the insured under any contract or agreement;
vehicles from which merchandise is sold or watercraft, if the accident
occurs away from the premises, except insofar as this part of this ex- (e) under division 4 of the Definition of Hazards, to liability as-
clusion is stated in the declarations to be inapplicable, or (3) aircraft; sumed by the insured under any contract or agreement except a war-
ranty of goods or products;
(b) under division 1 of the Definition of Hazards, to elevators;
(f) under coverage D and under Insuring Agreement V, to (1) a
(c) under division 1 of the Definition of Hazards, and under coy- warranty of goods or products, or (2) any obligation for which the
erage C, to (1) structural alterations which involve changing the size insured may be held liable in an action on a contract or an agreement
of or movina buildinas or other structures, new construction or demo- by a person not a party thereto;
gxTE,NSLOR AGREEMEN' ,
THIS EXTENSION AGREEMENT made and entered into as of
the 1st day of January, 1957 by and
BETWEEN
Ohk CITY OF HUNTINGTON BEACH,
a municipal corporation,
hereinafter designated as
CITY,
AND
iismseisioisonete JOHN W. FERGUSON and MARY
FERGUSON, husband and wife ,
hereinafter designated as
PERMITTER.
WHEREAS, City and Permitter entered into an Agreement
dated the 7th day of February, 1956 relating to the operation
of a certain business on the Huntinggon Beach Municipal Beach,
which Agreement terminated as of December 31st , 1956; and
WHEREAS, it is the desire of the parties tt said Agree-
ment to extend the term thereof to and including December 31st,
1957.
NOW THEREFORE, in consideration of the premises and
# the agreements of the parties,hereinafter set forth, the parties
agree as follows:
1. That said agreement be extended to, and including
tbA 3iitttdpty'oaf December, 1957.
24, That all of the applicable terms, conditions and
aSVOOMOuto t;a9Areia :contained shall be binding upon the parties
hereto during the extended term thereof.
3. That Permittee agrees to abide by and perform each
and every condition contained therein applicable to the extend-
ed term.
1.
4. That the provisions of Paragraph 13 of said Agree-
ment shall be adjusted to the actual depreciation on a twenty
year basis, as may be applicable at the time of the termination
of this extension.
IP WITNESS WHEREOF, the City has caused its corporate
name and seal to be hereunto annexed by its Mayor and attested
by its City Clerk, thereto duly authorized, and Permittee has
set his hand as of the day and year in this agreement first
abbve written.
CITY OF HUNTINGTON BEAM,
a municipa corporation,
By; -�
or
ATTEST'
ity er
�
CITY
Lltr
(!ri6;I, W. Fer son
AO-
I ar eaeon
2.
guoilmom
This assignment made as of the / day of February,
1958, by and
BETWEEN
JOHN W . FERGUSON and MA!
FERGUSON, husband and
wife , hereinafter designat-
ed as,
ASSIGNOR,
AND
JACK K. CLAPP, hereinafter
designated as,
ASSIGNER
WHEREAS, Assignor has a certain agreement, dated as
of the 1st day of January, 1958, by and between Assignor and
the City of Huntington Beach relating to the construction and
operation of a concession on the municipal beach; and
WU1 RYAS, by Council action of the City of Huntington
Beach at its regular meeting of February 3rd, 1958, consent
was given to Assignor to assign said lease to Assignee.
NOW THEREFORE, in consideration of the premises and
other valuable consideration, receipt of which is hereby ack-
nowledged, Assignor does hereby grant, bargain, sell, convey
and assign to Assignee all their right, title and interest in
and to that certain agreement dated the 1st day of January,
1958, by and between the City of Huntington Beach, a municipal
oorporation,therein designated as "City" and John W. Ferguson
1.
and Mary Ferguson, husband and wife, therein designated as
"Lessee", which agreement covers certain real property on said
beach, as more particularly set forth in said agreement, for
the purpose of constructing thereon a building for the conduct
of a concession business.
Assignee does hereby agree to be bound by the terms,
conditions and provisions thereof and to abide by, conform to,
and perform all of the terms, covenants and conditions there-
in contained to be done and performed by the Lessee thereunder,
(the Assignor herein) , and to hold Assignor harmless of, and
from any and all damages or injuries arising from, and by vir-
tue of said agreement.
rk
Dated, February / / , 1958.
7 I / 112.
w ' iioUSON
!,"), 2/7..
AS3IGNUE
I consent to the above and fore-
going Agreement, insofar as aomw
munity property is concerned.
fit.
STATE OF CALIFORNIA
ss
c0Ds'TT' OF ORANGE
On this �[ day of February' 19580 before met a
Notary Public in and for said County and State, personally ap.
peered
:OEN W. FERGUSON, MARX FERGUSON and JACK R. CLAPP
known to me to be the persons whose names are subscribed to
the within Instrument and acknowledged to me that they executed
the same.
At-e, // 1, /
'Notary Mao in and for said '
County and State
Atv D m lI !On F?.h;! %arc% 10.I1
("A" &)
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30
ACIBEEMENT
THIS AGREEMENT made and entered into as of the
7th day of February, 1956, by and
BETWEEN
CITY OF HUNTINGTON BEACH,
a municipal corporation,
hereinafter designated as
CITY,
AND
JOHN W . FERGUSON and MARY
FERGUSON husband and wife,
hereinafter designated as
PERMITTEE .
In consideration of the premises and the mutual prom-
ises and agreements herein contained to be done and performed
by the parties hereto and the payment of the rental herein
specified by Permittee, the City does hereby grant permission
to Permittee to operate the business of selling groceries,
sandwiches, refreshments, confections and other food supplies,
and no other business , in and upon that certain property sit-
uated on the Huntington Beach Municipal Beach, which uaLdf_prop .
arty is outlined in red on the attached map, for a term com-
mencing with the date hereof and ending with thE- 315t 1..y of
December, 1956.
Said Permit is granted upon the following terms and
cond +.tions, to-wit:
1. Permittee agrees to pay City as rental for said
pr- :nises the sum of $500.00, payable on or before July 1,1956.
2. Permittee covenants and agrees to use said pram-
1.
ises only for the purpose of conducting the business of sell-
ing groceries , sandwiches, refreshments , confections and
other food supplies , and that no other business or occupation
or use will be permitted thereon without the consent of City
first had and obtained, said consent to be evidenced by mo-
tion regularly put and carried at a regular, or regularly ad-
journed, meeting of the City Council of said City; and Permitt-
ee will, in conducting and managing said business , at all times ,
conform to and abide by all the ordinances of the City of Hunt-
ington Beach, and all rules and regulations which may from
time to time be adopted by the City Council of said City, and
will conform with all laws of the State of California and of
the Federal government, and will not cause or permit any viola-
tion thereof on said premises , and will indemnify and save
harmless said City from an0 and all claims, liability, loss
or damage by reason of any violation thereof.
3. Permittee will permit said City, its officers or
agents to enter said premises at all reasonable times to
view the state and conduct thereof.
4. Permittee agrees to operate said business contin-
uously from June 1st to September 15th of each year during
the life of this agreement or any extension thereof, and
that said business shall remain open to the public during the
regular business hours of each day during said period.
If said Permittee shall fail or neglect to per-
form or observe any of the covenants , conditions or agreements
contained herein, on his part to be observed and performed,
and is so notified in writing by City or if Permittee shall
2.
be adjudicated bankrupt or insolvent according to law, or if
an assignment of his property shall be made for the benefit
of creditors, then and in any of the said cases , City may en-
ter into and upon said premises or any part thereof and reposs-
ess the same and expel said Permittee without being deemed
guilty of any manner of trespass , and without prejudice to any
remedies which might otherwise be used for arrears of rent or
preceding breach of covenant and , upon said entry by said City,
this agreement shall terminate and be at an end.
6. City further reserves the right to cancel this per-
mit without liability when public necessity so requires, or to
suspend operation thereof temporarily in the event of public
necessity as may be determined by the City Council of the City
of Huntington Beach. Upon the termination of this permit, City
may enter upon said premises above described as herein provid-
ed and shall be under no liability to Permittee for damage to
such property or loss thereof.
7. Nothing in this permit and lease shall be constru-
ed to relieve Permittee of any obligation to pay any city li-
cense tax or city tax which may be imposed or payable by reason
of the terms of any ordinance of the City of Huntington Beach,
and Permittee covenants and agrees to pay promptly all licenses,
taxes and other lawful charges imposed by any governmental body
or agency.
8. Permittee agrees to carry public liability insurance
in the sum of not less than $25,000.00 for any one person and
not less than $50,000.00 for any one accident , and property
damage in the sum of not less than $1,000.00
3.
•
9. Permittee agrees at their own cost and expense to ,
at all times , maintain the business and the premises and the
buildings thereon in a neat, clean and orderly condition and
that the premises surrounding the building, for a distance of
25 feet shall at all times be maintained in a neat , orderly
and clean condition.
10. It is specifically understood and agreed that this
agreement and permit is personal to Permittee and Permittee
shall not sell, assign or transfer this permit or any interest
therein.
11. It is understood and agreed between the parties
hereto that the prior Permittees, at their own cost and ex-
pense, constructed the buildings upon the premises, the use of
which is herein granted to Permittee as herein set forth, and
that said City reserved the right and option, and does hereby
reserve the right and option as set forth in prior permits , to
1. Demand that Permittee remove the buildings
at their own cost and expense at the expi-
ration of the term hereof, or
2. Purchase said buildings at cost less de-
preciation based upon the life of twenty
(20) years.
12. Permittee acknowledges that the buildings were
constructed by former Permittees at the respective dates and
costs, as follows:
4.
Present Value
Year CQnstructed Cost Qf CQnstructign Depreo ,at,ioj Jan l,s_ 1956
1939 $1,740.00 $1,479.00 $261.00
1947 500.00 200.00 300.00
1948 1,650.00 577.00 1,072.00
13. It is specifically understood and agreed that at
the expiration of the term hereof, the City shall have the
right and option to purchase said buildings for the sum of
$877. 50
14. Permittee shall not erect nor maintain any sign
of any description, advertising or otherwise , at any place
upon said property without the approval of the City except that
Permittee may erect a sign on which is designated his business.
IN WITNESS WHEREOF, the City has caused its corporate
name and seal to be hereunto annexed by its Mayor and attested
by its City Clerk, thereto duly authorized, and Permittee has
set his hand as of the day and year in this agreement first
above written.
CITY OF HUNTINGTON BEACH
a Municipal Corporation,
`By
Mayor
ATTEST:
(5-'?-44-.1/4 ,a4.4A-J444---
City Clerk
CITY
( John W. Ferguson
))yam.-+ --A.1,, -0 ,r,
/
Ma ij Ferguon
PERMITTEE
5.
•
• •
: • • ,
January 18, 1956
' Mr. & Mrs* Lew A. Kinney
P.O. Box 489 . •
Huntington Beach, California
Dear Mr. & Mrs. Kinney.
At the regular held meeting of the City Council On .
January 16, 1956, your request for tranefer of your •
lease on the beach store and concession at the
Municipal Trailer Park, to John. and Mary Ferguson,
was referred to the Beach and Pier Committee and the
City Attorney for study and report.
Very truly yours,
J. L. Henrid se 6,
City Clerk
jLH:bd
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I
Oil SO
untington Beach, Cal.
P .O. Box 4 9
Jan. 13,1954
Honorable Mayor & City Council
Muntington,Beach, Cal.
Gentleman:
Due to circumstances which have arisen; wish to ask
at this time for a transfer of My lease on my beach
store & concession in the Municipal Trailer Park to
John & Mary Ferguson 215 Geneva Street, Huntington
Beach Cal.
Very truly yours
Mr & Mrs. Lew, A ' inney
...e„,,,i et), _,--..4,.._,-":„.7
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ig ---Z-2,,,,,,,,,,,,,
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ter-- GI x C -"�
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- ( .
•
1 • .
' , Febritary' 27', 1956 .
I r. & Mr John' 'W. Ferguson`` ,
21 Geneva reet_
Huntington Beach, California
Dear Mr. & Mrs. Ferguson;
. I ,
. • ' Enclosed your- copy of lease agreement with the City. ,
: . •
It is necessary that you immediately file with the
- City Clerk copies of insurance policies or evidence- . •
of insurance-as required in-paragraph 8 of the agree- . '
meat. ,. .
• Very truly yours,
i
. .J: L. Henricksen, .
City Clerk' i . , . , _
JLH:bd' ,
Encl.'
- . / 0 _ .
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1
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