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HomeMy WebLinkAboutRosedale Hwy - Bird ScootersUUI:U01y11 CIIVCIUPV IU. DOJOGCyI•-I��FCD-4JDFI-N�C�-JyH/1U/'1Jl lrVyFi BBA ENCROACHMENT PERMIT CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVE BAKERSFIELD CA 93301 (661)326-3724 i v i r r- w i r LINUI VttK ur I Ht CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place erect, use and maintain an encroachment on public property or right of way as therein defined. Application Number 20-30000039 Date 12/16/20 Property Address . . . . . ROSEDALE Application type description PW - ENCROACHMENT PERMIT Owner BIRD RIDES INC 406 BROADWAY #369 SANTA MONICA CA 90401 (415) 535-4999 Contractor ------------------------ BIRD RIDES INC 406 BROADWAY #369 SANTA MONICA CA 90401 -------------------------- ------------------------------------------------- Permit . . . . . . ENCROACHMENT PERMIT Additional desc . . Phone Access Code . 2665081 Permit Fee . . . . 575.00 Issue Date . . . . 12/16/20 Valuation . . . . 0 Expiration Date . Qty Unit Charge Per Extension BASE FEE 575.00 --------------------------------------------------------------------------- Special Notes and Comments Permittee is hereby authorized to park its Stand-up electric scooters in the City's right-of-way, subject to the conditions attached hereto as Exhibit A. This permit is subject to be revoked or amended by the City unless the City first adopts a permanent policy for the placement of Stand-up electric scooters in the City's Right -of -Way. Contacts: Morgan Roth,(818)809-7050 Manager Government Partnerships, mroth@bird.co Kata Geremia, (916)524-9619 General Manager, kate.geremia@bird.cO ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due ----------------- ---------- ---------- ---------- ---------- Permit Fee Total 575.00 .00 .00 575.00 Grand Total 575.00 .00 .00 575,00 Applicant acknowledges the right of the City Engineer, M,, ypermit at any time. ��(tivicc, Q. (c In cxsaln �i Signature of Applicant (Owner/Agent) pursuant to the Bakersfield Municipal Code Chapter 12,20 tc Maurice A. Henderson II Print Name I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FACTS STATED IN THE FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (1) WILL (NOT SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2 WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION I� THEREFORE (GRANTED) (DENIED) Said permit shall expire on date stated above. �ZDocuSigned 6y: r(-Ac,v' Signature of City Engineer Additional Terms on the Back UUI:U01Y11 CIIVCIUPV IIJ. OOJOCCyI.- .4co-�+J or,-Hycy-J yrwuraJ r �.uyr+ Exhibit A Conditions for Encroachment Permit #20-30000039 Permittee desires to deploy, operate and rent shared mobility devices known as stand-up electric scooters within the City of Bakersfield and to utilize or encroach upon the City's right-of-way to make such scooters available to their customers and as a place for their customers to return such scooters after use. Permittee must follow the following conditions of approval, including but not limited to, appropriate indemnification provisions, insurance requirements and operating and maintenance requirements during the term of the permit. Failure to follow the conditions and provisions outlined below, and/or in Chapter 12.20 of the Bakersfield Municipal Code and/or the California Civil Code §2505, may result in the revocation of this encroachment permit and the termination of the permit. Operations, Term and Maintenance Permittee and its subsidiaries and/or fleet managers are authorized to operate up to 100 individual stand-up electric scooters within the City of Bakersfield; In no circumstances shall the total number of stand-up electric scooters deployed within the City of Bakersfield exceed 100, unless authorized in writing and formalized as an addendum to this permit by the Public Works Director. 2. For purposes of this permit, deployed means individual stand-up electric scooters available to by rented via the Permittee's app plus the number of individual stand-up electric scooters in use at any given time during the term of this permit, 3. Permittee is granted a permit to operate stand-up electric scooters for a period of one calendar year from the date of issuance of said permit. 4. Within 24 hours of issuance of this permit, permittee shall provide the specific name(s) and contact information for primary and secondary positions operating on behalf of permittee within the City of Bakersfield; Primary and secondary positions shall have the ability to respond to City's concerns or issues immediately; Should the primary or secondary contact positions change, permittee shall provide new contact information for any new or replacement contacts within 24 hours of change; it is requested that changes are reported 72 hours in advance of changes, however failure to report changes to the contact positions to the City within 24 hours after change may result in termination of this Encroachment Permit. 5. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited, in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Stand-up electric scooters may not be ridden on certain designated City facilities as determined by the Public Works Director, including, but not limited to, the Mechanics Bank Arena and Convention Center plaza, City -owned parking structures, and the Amtrak/Greyhound station platforms. 6. Stand-up electric scooters shall not be made available to rent and must be rendered inoperable within the Kern River Parkway Exclusionary Zone, as set forth is a shape file sent by City to Bird under separate communication, which may be amended from time to time by City. 7. Any inoperable or unsafe stand-up electric scooter must be repaired before it is placed back into service. 8. Permittee must maintain 24-hour customer service for customers to report safety concerns and complaints or to ask questions. Permittee will maintain a multilingual website, call center, and/or mobile app customer interface that is available 24 hours a day, 7 days a week and compliant with the Americans with Disabilities Act. 9. Permittee must respond to requests for rebalancing, reports of incorrectly parked stand-up electric scooters, or reports of unsafe/inoperable stand-up electric scooters by relocating, re -parking, or removing the Stand-up electric scooters, as appropriate, within 24 hours of receiving notice. 10. If a Stand-up electric scooter is not relocated, re -parked, or removed within the timeframe specified herein, or any Stand-up electric scooter is parked in one location for more than 72 hours without moving, such Stand-up electric UuuuJIIJ.II CIIVCIupt1 IU. DOJOCCyIJ-t,4CD-4JDN-N�Cy-JSMHVHJ/I.VyH scooters may be removed by City crews and taken to a City facility for storage at the expense of Permittee, not to exceed $100 per Stand-up electric scooter. 11. City, at is sole discretion may remove or relocate any electric stand-up scooter regulated under this permit for any reason, including, but not limited to public safety operations, accessibility reasons, conflicts with City capital improvement projects or private development projects, etc, Parking 1. Stand-up electric scooters must be parked upright on hard surfaces or beside a bicycle rack or in another area specifically designated for bicycle parking. 2. Stand-up electric scooters must not be locked to any fire hydrant, bollard, call box, or other emergency facility; bus bench; or utility pole, signal light or box. 3. Stand-up electric scooters must not be parked in such a manner as to block the pedestrian clear zone area of the sidewalk. 4. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the reasonable use of any commercial window display or access to or from any building. 5. Stand-up electric scooters must not be parked in such a manner as to impede or interfere with the appropriate use of any bicycle rack or news rack. 6. Stand-up electric scooters may not be parked directly adjacent to or within the following areas, such that access to or use of the area is impeded: a) Landscaping; b) Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; c) Loading zones; d) Disabled parking zone; e) Street furniture that requires pedestrian access (for example, benches, parking pay stations; bus shelters, transit information signs, etc,); f) Curb ramps; g) Entryways; and h) Driveways. 7. Permittee may stage its stand-up electric scooters in permitted parking areas as described in this section. To the extent Permittee desires to stage stand-up electric scooters in areas other than the public right-of-way (e.g. parks, plazas, parking lots, private property, or transit stations), Permittee must first obtain the right to do so from the appropriate City department, property owner, or public agency. Data Sharing 1. Permittee must directly or via a third -party vendor provide City staff access to comprehensive ridership data for its fleet of electric stand-up scooters to City staff for all scooters deployed as authorized under this permit. 2. The City has the option to contract directly with a third -party vendor for this data. 3. If City uses a third -party vendor, permittee will issue payment to City equal to its proportionate share of costs for third -party vendor costs for a 12-month period prior to issuance of permit or upon renewal or extension of permit as determined by City, 4. This permit will not become valid until payment from permittee is received by the City. Indemnity and Insurance 2 UUl:U011`J.11 CIIVCIUPW IU. �OJOCCyI�-IJYCD-4J0/Y-Fiy Cy-JyH/YU/1J/I.Uy/i Permittee must indemnify, defend, and hold harmless City and City's officers, agents, elected or appointed officials, employees, and volunteers against any and all liability, claims, damages, losses, actions, causes of action, demands, expenses, fines, penalties, judgments and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses, and amounts paid in compromise, settlement, or judgment, and reasonable legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative, or investigative) whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Permittee or Permittee's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Encroachment Permit including, but not limited to, City's issuance of this Encroachment Permit and any bodily injury including death or damage to property arising out of or in connection with any use, misuse, placement, or mis-placement of any of the Permittee's devices or equipment by any person, whether or not caused in part by a party indemnified hereunder, except to the extent any of the above is based on, or results from, the City's (or its officers', agents', and/or employees') negligence or willful misconduct. This indemnity will apply to all claims and liability regardless of whether any insurance policies of Permittee, its affiliates, or any other parties are applicable thereto. The policy limits of any insurance of Permittee, its affiliate, or other parties are not a limitation upon the obligation of Permittee, including without limitation, the amount of indemnification to be provided by Permittee. The provisions of this section will survive the termination of this Encroachment Permit. 2. Permittee must procure and maintain insurance at all times during the duration of this Encroachment Permit. The types and limits of insurance are listed below, and shall be against claims for injuries to persons or damages to property that may arise from or in connection with Permittee's use of the encroachment including, but not limited to, any bodily injury including death or property damage to property arising out of or in connection with any use, misuse, placement, or mis-placement of any of the Permittee's devices or equipment by any person at no cost or expense to the City. If the Permittee maintains broader coverage or higher limits than the minimums shown below, the City requires and will be entitled to the broader coverage or higher limits maintained by the Permittee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. All policies required of Permittee must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Permittee's insurance and must not contribute with it. The insurance required below, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:Vll, must be declared prior to execution of this Agreement and approved by City in writing. Failure to maintain insurance coverage, which is required pursuant to this Encroachment Permit, will be deemed a violation of this Encroachment Permit and grounds for its revocation. The City, at its sole option, may terminate this Permit and obtain damages from the Permittee resulting from the violation. 3. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 4. Commercial general liability insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $5,000,000 per occurrence, $10,000,000 annual aggregate. The policy must: i. Provide contractual liability coverage for the terms of this Agreement; ii. Provide products and completed operations coverage; iii. Provide premises, operations, and mobile equipment coverage; and iv, Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 3 UUUUOI II CIIVCIUPV IU. �OJOCC�I�-1..4C�-4J DA-/1y C�-JyNNUHJII,V y/1 5. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Permittee must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Encroachment Permit, Permittee is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. The Permittee may satisfy the minimum liability limits required for commercial general liability or auto liability under an umbrella or excess liability policy as long as the umbrella or excess liability policy has continuing coverage following the commercial general liability or auto liability policies. There is no minimum per occurrence limit of liability under the umbrella or excess liability; however, the annual aggregate limit must not be less than the highest "Each Occurrence" limit for either commercial general liability or auto liability. Permittee agrees to endorse the City as an Additional Insured on the umbrella or excess liability, unless the Certificate of Insurance states that the umbrella or excess liability provides coverage on a "Follow -Form" basis. Education 1. Permittee must provide notice to all users by means of signage and through a mobile or web application that; a. Stand-up electric scooters are to be ridden on streets, and where available and not otherwise prohibited, in bike lanes and bike paths; b, Stand-up electric scooters are to stay to the right of street lanes and offer the right of way to bicycles on bike lanes and bike paths; Helmets are encouraged for all users and required for minors (to the extent minors are permitted as users); Stand-up electric scooters must be parked in designated areas; and e. Riding responsibly is encouraged. 2. Permittee must provide easily visible contact information, including toll -free phone number and/or e-mail address on each stand-up electric scooter for City employees and/or members of the public to make relocation requests or to report other issues with devices. 0 IJUUUJIIYII CI IVCIUPt: IU. I%,UUM Patricia Castruita From: Jena L. Covey Sent: Wednesday, December 16, 2020 2:52 PM To: Patricia Castruita; Andreina Cruz Subject: RE: Bird Rides Yes. Thank you From: Patricia Castruita <pcastruita@bakersfieldcity.us> Sent: Wednesday, December 16, 2020 2:20 PM To: Andreina Cruz <acruz@bakersfieldcity.us> Cc: Jena L. Covey <Jcovev@bakersfieldcity.us> Subject: Bird Rides Is their insurance ok for an Encroachment Permit? Trish Castruita I Engineering Aide II Public Works - Subdivision City of Bakersfield email: castruitaabakersfieldcitv.us web: www,bakersfieldcity.us phone: 661-326-3584 IV LJUI:U01y11 CIIVCIUPt! ILI. DOJOCCyI,.-l.4CD-4JDN-N�Cy-JyNNUNJ/I�U�N acoR©s CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12116/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH RISK & INSURANCE SERVICES FOUR EMBARCADERO CENTER, SUITE 1100 CALIFORNIA LICENSE NO.0437153 SAN FRANCISCO, CA 94111 CONTACT NAME: A/C NNo Ext : A/C No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Apollo Syndicate Management Ltd CN120046401—GAWUC-20-21 INSURED Bird Rides, Inc. INSURER B : Libeq Mutual Fire Insurance Company 23035 INSURER C : NIA N/A 406 Broadway #369 Santa Monica, CA 90401-2314 INSURER D : Zurich American Insurance ComRany 16535 INSURER E : N/A N/A INSURER F : a-uvrreui�ra r _Fw 1 1�11 -4 1 F w lmmQ u• ecA. nna7nnA7i ni e­­­ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR B0509BOWCN2000078 02101/2020 02101/2021 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) NIA PERSONAL & ADV INJURY _$ $ 5,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: PRO- POLICY ❑ JECT 7 LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 SIR $ 250,000 OTHER: B AUTOMOBILE LIABILITY AS2-631-510760-010 07/11/2020 07/11/2021 COEaMBINED ccident SINGLE LIMIT a $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X BODILY INJURY (Per accident) $ HIRED E NON -OWNED AUTOS ONLY AUTOS ONLY X PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR BOWCN2000277 02/01/2020 02/01/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDE1 N N/A WC454048000 01 (MA) WC454047600 01 (AOS) 0 11 2026 08/11/2020 08111/2021 08/11/2021 X PER oTH- STATUTE ER E.L. EACH ACCIDENT __ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,D00,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Bakersfield and its mayor, council, officers, agents, employees, and designated volunteers are included as additional insured under General Liability policy where required by written contract. City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 liN1V V CLLA 1 IV N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Nicole Sivieri -'—m ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD UUI;UJIIYII C1IVCIUIJC IU. DOJOCC�I,.-1,.4CD-4JDH-HyCy-JyNHUHJ! I.U�H AGENCY CUSTOMER ID: CN120046401 • : 0 AGENCY MARSH RISK & INSURANCE SERVICES POLICY NUMBER CARRIER LOC #: San Francisco ADDITIONAL REMARKS SCHEDULE NAMED INSURED Bird Rides, Inc. 406 Broadway #369 Santa Monica, CA 90401-2314 NAIC CODE EFFECTIVE DATE: AUU111UNAL KCMAKKb THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability and Umbrella Liability policies evidenced above are subject to sell -insured retentions for various perils insured. Page 2 of 2 NCORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LJUL;U01Y11 r-IM11UPU ILJ. MARSH LTD CONTRACT NUMBER B0509BOWCN2000078 BOWRING MARSH Page 53 of 98 This endorsement modifies insurance under the following, 11-111— 4 SECTION 11 - WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the "bodily injury" or "property damage'; or (b) the offense that caused the "personal and adveltising injury", for which such additional insured seeks coverage. (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest II - 0 1 * 0. . , a , 0 a 0 - - . - 6 - a * 0 014 IT-4 if. -I & r. it L71:4 - such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while 3 Named Insured leases or occupies such premises; r P ,AVWkL - new construction or demolition operations performed by, on behalf of, or for such additional insured. I It placed Yia PPL this box Wfl not be signed Contract Leader ukiuuolyli r-J1Vt:!1UPt: ILJ. MARSH LTD CONTRACT NUMBER B0509BOWCN2000078 BOWRING MARSH Page 54 of 98 Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury" as grantor of a franchise to the Named Insured. Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury", "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease, 191CST-003 am Lon 1111011 14M I Rol CZ]VIA! 01i I K1114 IQ a LS I III r441 0!VAL4JJ &a I I Z ituallm mill.-illazl* F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the "occurrence' giving rise to such "bodily injury" or "property damage", or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. lalfwi AIM insured, 0 If placed via PPL this bOx V01i ON be Signed Contract Leader UMUCHY11 r_11VV1UPU 1U. MARSH LTD CONTRACT NUMBER B0509BOWCN2000078 BOWRING MARSH Page 66 of 98 H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this Insurance applies., a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or C. the ownership, maintenance or use of any elevators covered by this insurance; or the permitted or authorized operations performed by a Named Insured or on a Named Insureds behalf. a. "Bodily injury", "property damage" or "personal and advertising injury" arisin* out of operations performed for the state or governmental agency or subdivision or political subdivision; or b "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to this prevision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. kMXQL1= I Irov-900641 — 11 MR1100111110 WIN W 1t1;9WkM!4- Is &I e Wfl person or organization's liability for "bodily injur"property damage' or "personal and advertising ink- I I y" caused by, a. the Named Insured's acts or omissions, or bthe acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. FOR If placed via PPL tbis box v4lnot be signed Contract Leader LJUUUOIYI I CI lvulupt! 1U. LUZIM MARSH LTD CONTRACT NUMBER BOSOSBOWCN2000078 BOWRING MARSH Page 56 of 98 2. The coverage granted by th * is paragraph does not apply to "bodily injury" or Any person or organization but only with respect to such person or organization's liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of such person or organization's business, provided that: The coverage granted by this paragraph does not apply to: a. "bodily injury" or "property damage" for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b, any express warranty unauthorized by the Named Insured; C, any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection With the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; 9. products which, after distribution or sale by the Named Insured, have been labelled or relabelled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or K "bodily injury" or "property damage" arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. abovek or (2) such inspections, adjustments, tests or servicing as such �erson or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. a . - , 0 - 0 1 & 0 1 a 1 0■ 111 . -6 #1 9 a 0 W - a 3. This Paragraph J. also does not apply: It Placed via PPL this box well not be signed Contract Leader LJUUU01Y11 MlVtflUpt: 1LJ. CONTRACT NUMBER B0509BOWCN2000078 BOWRING MARSH Page 67 of 98 b. to any of "your products" for which coverage is excluded by endorsement to this Coverage Part; nor C. if "bodily injury" or "property damage, included within the "products -completed operations hazard" is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for "bodily injury", "property damage" or "personal and advertising injury" for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part, nor 2. for "bodily injury" or "property damage* included within the "products -completed operations hazard" except to the extent all of the following apply: a. this Coverage Part provides such coverage-, b. the written contract or agreement described in the opening paragraph of this Additional Insureds Endorsement requires the Named Insured to provide the additional insured such coverage; and C. the "bodily injury" or "property damage" results from "your work" that is the subject of the written contract or agreement and such work has not been excluded by endorsement to this Coverage Part. ADDITIONAL INSURED — PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The following paragraph is added to SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4 Other Insurance: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this provision, the additional insured' s own insurance means insurance on which the additional insured is a Named Insured. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph IX of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwith� sta A. 4 All other terms and conditions of this policy remain unchanged, Im If Plaved via PPL tWl JIM Will not be signed _2onftect Leader