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HomeMy WebLinkAboutAgenda Statement 1972/06/20 Item 21City Attorney: PZeaz e ptepate the necezzany (tezoZution ) on (ordinance ) Staff Commentary on Agenda Item No-'-4.4 CHULA VISTA CITY COUNCIL MEETING OF June Izi, 1972 Item Title: Report - Vending Machines for Recreation Facilities - Revised Method of Handling Cash Initiated by: Director of Parks and Recreation Attached is a copy of Resolution [ ] Ordinance [ ] Agreement [ ] Plat [ ] Background: The Parks and Recreation Department would like to expand its vending con- cessions at two of its recreation facilities (Loma Verde Recreation Center and Park Way Youth Center). At the present time we do have drink vending machines, but because of numerous requests for other snack items, the staff made a study and recommends the installation of a vending service which would provide for candy, ice cream, cookies, etc. The reason for bringing this matter to the attention of the City Council is that this will be the first time that the Parks and Recreation Depart- ment has entered into such a contract. In the past, all monies from our vending machines were paid into the now dissolved Chula Vista Youth Rec- reation Advisory Committee. This committee provided needed equipment and awards for recreation events. This budget year we have included these awards in our annual budget under Item 12- 4220 -5371, and all monies derived from these concessions will be disbursed into the Parks and Recreation revenue funds, thus offsetting these new expenditures. It should be further pointed out to the Council that during the study by staff, three local vending agencies were approached. Two of them showed no interest and one agreed to pay 100 of the gross revenue to the City of Chula Vista, which is the same amount now received from our drink vending machines. It was found that most vending machine companies are not in- terested in recreation centers because of the high degree of maintenance required and the low volume sold. However, the South Bay Vending Company would be most happy to provide this service on a trial basis. We would appreciate Council's guidance in this matter. Staff definitely recommends this approach to new revenues to provide awards for recreation activities previously sponsored by outside agencies. Financial Statement: N.A. Commission -Board Recommendation: N.A. Department Head Recommendation: Acceptance of report City Manager Recommendation: A- 113 (Send See EXHIBITS [ ] No. Recommend acceptance of this report. If Council concurs, an, agreement can be prepared for approval by Council at a future Council meeting. one copy to: AdminizVLation; City Uertk; City Attorney; Dept. 7 City AttoAney: Pteabe ptepaAe the Eieceszany (Aesotution) oA ( ordinance) . Staff Commentary on Aqenda Item No. CHULA VISTA CITY COUNCIL MEETING OF' June P , 1972 Item Title: Resolution - Approving Agreement Between the City of Chula Vista and South Bay Vending Company for Provision of Vending Machines at Loma Verde Recreation Center and Park Way Youth Center. Initiated by: Director of Parks and Recreation Attached is a copy of Resolution [ X] Ordinance [ ] Agreement [ ] Plat [ ] Background: Placement of vending machines in these areas would be advisable in order to better serve the needs of the participants in the recreation programs at Loma Verde Recreation Center and Park Way Youth Center. Mr. Robert Corley, owner of the South Bay Vending Company has indicated an interest in providing this service. He carries the necessary liability insurance. The vending service will provide candy, ice cream and cookie machines. A copy of the agreement is attached. Financial Statement: N/A See EXHIBITS [ ] No. Commission -Board Recommendation: N/A Department Head Recommendation: City Manager Recommendation: A- 113 Adoption of resolution. A P 0 7 (Send one copy -to: Adm.i.n�/s.tna-t.i ]pt(� 55-46 00 97 EPLA.CES FO'-IC)' NO STATE FARM BLOOMINGTON ftfl:PAL LlAWLITY K01.0 FIRE AND CASUALTY iECLARATIONS iem 1. Named Insured and Address: (No., Street, Town or City County, State) CC },plu:y, ROBERT — South Bay Vending dozpany 54G Lr4G1144 STREET GIULA VISTA, CALIFORNIA 92310 1m 2. Policy Period: (Ma. Day Yr.) rom 10 -5 -70 to 10 -5 -73 12:01 A.M., standard time at the address of the named insured as stated herein. STOCK (COMPANY COMPANY ILLINOIS BOB WINANS AUTJ F` U LIFE 5253 El Cajon Blvd. San Diego, Calil. 92115 Off. 582 -J477 Res. 563-5474 named insured is: FXI Individual ❑ Partnership 0 Corporation F] loint Venture , Other: iness of the named insured +s: (a.nzre ■«ow) Audit Period: Annual, unless otherwise stated. (..,rim .«ow) _LADING VACNIh S 1 3. The Insurance afforded is only with respect to the Coverage Part(s) indicated below by specific premium charge(s) and attached to and forming a part of this policy. ti Advance Premiums Coverage Part No(s). Coverage Part(s) ' $ Completed Operations and Products Liability Insurance Comprehensive General Liability Insurance $ Comprehensive Personal Insurance Contractual Liability Insurance Druggists' Liability Insurance Elevator Collision Insurance Farmers Comprehensive Personal Insurance Manufacturers' and Contractors' Liability Insurance Owners', Landlords', and Tenants' Liability Insurance Personal Injury Liability Insurance Premises Medical Payments Insurance Storekeeper's Insurance Form numbers of endorsements other than those entered on Coverage Part(s), attached at issue Li .UU Total Advance premium for this If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on: Effective Date 1st Anniversary 2nd Anniversary $ 33.00 $ 33.00 $ 33.00 em 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: untersigned: AUG Z ` 197-0 q of applicable ircieaas .. By kA 7--tA.6e& K P63 oox o Ptd In U.S.A. Authorized Representative ! -I -66 ) P 4036 1�6 V?� STATE FARM FIRE AND CASUALTY COMPANY SLOOMINGTC'N, ILLINOIS (A stock insurance company, herein called the company) consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, ees with the named insured as follows: DEFINITIONS 'hen used in this policy (including endorsements forming a part hereof): rutomobile" means a land motor vehicle, trailer or semi - trailer designed for avel on public roads (including any machinery or apparatus attached thereto), it does not include mobile equipment; ly Injury" means bodily injury, sickness or disease sustained by any person; illapse hazard" includes "structural property dam.,, e" as defined herein and perty damage to any other property at any time resulting therefrom. "Structural perty damage" means the collapse of or structural injury to any building or ucture due to (1) grading of land, excavating, borrowing, filling, back - filling, inelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, ferpinning, raising or demolition of any building or structure or removal or wilding of any structural support thereof. The collapse hazard does not include perty damage (1) arising out of operations performed for the named insured by ependent contractors, or (2) included within the completed operations hazard the underground property darange hazard, or (3) for which liability is assumed the insured under an incidental contract; 'completed operations hazard" includes bodily injury and property damage arising ut of operations or reliance upon a representation or warranty made at any time vith respect thereto, but only if the bodily injury or property damage occurs after uch operations have been completed or abandoned and occurs away from premises awned by or rented to the ra:red insured. "Operations" include materials, parts it equipment furnished in connection therewith. Operations shall be deemed com- deted at the earliest of the following times: 1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, 2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or 3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correc- ion, repair or replacement because of any defect or deficiency, but which are therwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property lamage arising out of t a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, b) the existence of tools, uninstalled equipment or abandoned or unused ma- terials, or , c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; ages" includes damages for death and for care and loss of services resulting bodily injury and damages for loss of use of property resulting from property evator" means any hoisting or lowering device to connect floors or landings, !ther or not in service, and all appliances thereof including any car, platform, ft, hoistway, stairway, runway, power equipment and machinery; but does not Jude an automobile servicing hoist, or a hoist without a platform outside a (ding if without mechanical power or if not attached to building walls, or a I or material hoist used in alteration, construction or demolition operations, or inclined conveyor used exclusively for carrying property or a dumbwaiter used lusively for carrying property and having a compartment height not exceeding r feet; ilosion hazard" includes property damage arising out of blasting or explosion. explosion hazard does not include property damage (1) arising out of the ex- ion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the com- pleted operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertakinp� to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) side- track agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an insured in the "Per- sons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (l) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an in- tegral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the person or organization named in Item 1. of the decla- rations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including injurious exposure to conditions, which results, during the policy period, in bodily injury or property damage neither ex- pected 'nor intended from the standpoint of the insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property dam- age does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consump- tion within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means injury to or destruction of tangible property; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back - filling or pile driving. The underground property damage hazard does not include property dam- age (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. SUPPLEMENTARY PAYMENTS company will pay, in addition to the applicable limit of liability.. all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; premiums on appeal bonds required in any such suit, premiums 'on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the Insured for first aid to others at the time of an acci- dent, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insured at the company's request, includ- ing actual loss of wages or salary (but not loss of other income) not to exceed $25 per day because of his attendance at hearings or trials at such request. Aloo, 1/0 CONDITIONS 1. Pzemium: MI premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums appli- cable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period At the close of eai-h period (or part thereof terminating with the end of the policy period) desir;n;aed in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation; and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit: The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report there- on shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or ope-ations are safe. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. financial Responsibility laws: When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com- pany which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit: (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. The narned insured shall promptly take at his expense all reasonable steps to prevent other bodily injury or property damage from arising out of the same or similar conditions, but such expense shall not be recoverable under this policy. (b) If claim is made or suit is brought against the insured, the insured shall im- mediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's re- quest, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity 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 policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and ob- taining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any ex- pense other than for first aid to others at the time of accident. 5. Action Against Company: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the com- pany of any of its obligations hereunder, 6, Other Insurance: The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable wrier this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation: In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 8. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. Assignment: Assignment of interest under this policy shall not bind the com- pany until its consent is endorsed hereon; if, however, the named insured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 10. Three Year Policy: If this policy is issued for a period of three years, the limits of the company's liability shall apply separately to each consecutive annual period thereof. 11. Cancellation: This policy may be cancelled by the named insured by sur- render thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the ef- fective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancel- lation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Declarations: By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. DIVIDEND PROVISION — PARTICIPATING COMPANY (TEXAS) The named insured shall be entitled to participate in a distribution of the surplus of the Company, as determined by its Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. DIVIDEND PROVISION — PARTICIPATING COMPANY (FOR STATES OTHER THAN TEXAS) 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. In Witness Whereof, this company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly author- ized representative of the company. r ? -' AJI IUd Air 1101111 110]Il7.l X�wf COVERAft PART ror attachment to Policy COMPREHENSIVE CER RAL LIABILITY INSURANCE 55-46 00 97 to complete said policy. ADDITIONAL DECLARATIONS L itN (Ed. 2 -66) Location of all premises owned by, rented to or controlled by the named insured ([NT[. ^[AM[" IF [AM[ LOCATION AS ADU.[l. [MOWN IN IT[M I O. O[CLAMATIONe) PER LISTIf), ON FILE WITH THIS COMPANY Interest of named Insured in such premises (CHOCK [[LOW) QOwner l__1 General lessee ❑ Tenant EJ Other Part occupied by named insured I[NT[. 0 SCHEDULE The insurance afforded is only with respect to such of the following Coverages as are indicated by specific premium charge or charges. The limit of the company's liability against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. Advance Premiums Limits of Liability Coverages each person each occurrence aggregate $ 63.0_0 $ 100,000 $ 100 000 $ 10000 A— Bodily Injury Liability $ 36.00 $ 25,000 $ 25,000 B--Property Damage Liability $ form numbers of endorsements attached at Issue L6432B, L9156 L9141 Total Advance Premium 1. COVERAGE A— BODILY INJURY LIABILITY COVERAGE B— PROPERTY DAMAGE LIABILITY The company will pay on behalf of the insured all sums which the Insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking dar• -;ages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any clai^a or suit as it deems expedient, but the company sha!I not be obligated to pay aay claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to the na"d insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by the named insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the named insured or the ways imme- diately ad'oining, if such automobile is not owned by or rented or loaned to the name insured; (c) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to the named insured; (d) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any watercraft, if the bodily injury or property damage occurs away from premises owned by, rented to or controlled by the ni .ed insured; but this exclusion does not apply to bodily injury or property darnaye included within the products hazard or the completed opera- tions hazard or resulting from operations performed for the named insured by independent contractors or to liability assumed by the insured under an incidental contract; (e) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under an incidental contract, or (2) expenses for first aid under the Supplementary Payments provision; (f) to bodily injury or property damage for which the insured or his indemnitee may be held liable, as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages or as an owner or lessor of premises used for such purposes, by reason of the selling, serving or giving of any alcoholic beverage (1) in violation of any statute, ordinance or regulation, (2) to a minor, (3) to a person under the influence of alcohol, or (4) which causes or contributes to the intoxication of any person; (g) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (h) to bodily Injury to any employee of the insured arising out of and in the course of his employment by the insured; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (i) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the named insured; (j) to pro^arty damage to premises alienated by the named insured arising out of such premises or any part thereof; (k) to bodily injury or property damage resulting from the failure of the named insured's products or work completed by or for the named insured to perform the function or serve the purpose intended by the naried Insured, if such failure is due to a mistake or deficiency in any design, fornula, plan, specifica- tions, advertising material or printed instructions prepared or developed by any insured; but this exclusion does not apply to bodily injury or property damage resulting from the active malfunctioning of such products or work; (U to property damage to the.named insured's products arising out of such prod- ucts or any part of such products; (m) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (n) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named Insured's products or work completed by or for the named insured or of any broperty of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (o) to property damage included within: (1) the explosion hazard in connection with operations identified in this policy by a classification code number which includes the symbol "x ", (2) the collapse hazard in connection with operations identified in this policy by a classification code number which includes the symbol "c ", (3) the underground property damage hazard in connection with operations identified in this policy by a classification code number which includes the symbol "u" (over) A)6'v�� (The Attaching Clause need be, completed only when this endorsement Is Issued subsequent to preparation of the policy.) LIABILITY APPLICATION OF EXCLUSIONS (Explosion, Collapse and Underground Property Damage Hazards) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement, effective 10 -5 -70 forms a part of policy No. 55-46 00 97 (12:01 A. M., standard time) issued to CORLEY, RWERT by STATE FARM FIRE AND CASLIALTY COMPANY L 64328 (Ed. e-0) ....... ................ ........... . . .. . ......................................... Authorized Representative It is agreed that if the named insured's actual operations include any operation(s), whether or not stated in the Schedule under "Description of Hazard ", which is (are) described by any classification listed below, the "x ", "c ", "u" symbol(s) included in the applicable code number shall apply as if such classification code number and symbol(s) were included in such Schedule. DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO.; AND SYMBOL(S) Building Raising or Moving— including incidental shoring, re- Plumbing —gas, steam, hot water or other pipe fitting— including moval or rebuilding of walls, foundations, columns or piers.. 3451xc house connections, shop and retail stores or display rooms... 3434u Caisson Work: Foundations for buildings.— including pile driving, excavation, masonry or concrete work up to completion of sub - structure only.............. ............................... Not foundations for buildings— including pile driving, excava- tion, masonry or concrete work up to completion of sub- structure only ..... ............................... Coffer -Dam Work — including pile driving, excavation, masonry or concrete work up to completion of sub - structure only .... Conduit Construction —for cables or wires .................. Contractors' Equipment: Cranes, derricks, power shovels, and equipment incidental thereto — rented to others with operators — including in- stallation, repair or removal ......................... Earth moving equipment other than cranes, derricks and power shovels— rented to others with operators— including in- stallation, repair or removal ........................ . Steam boilers, compressors, air pressure tanks, pneumatic tools, and equipment incidental thereto — rented to others with operators — including installation, repair or removal.. Contractors' Equipment (excluding automobiles)— rented to others with operators — including installation, repair or removal ............ ............................... Electric Light or Power Line Construction —Rural Electrification Administration Projects only ........................... Electric Light or Power Line Construction .................. Excavation ............ ............................... Gas Mains or Connections Construction — including tunneling at street crossings ...... ............................... Grading of Land ........ ............................... Iron or Steel Erection — subway construction ............... Irrigation or Drainage System Construction — including pile driv- ing or dredging ...... ...... ....................... Landscape Gardening — including completed operations ....... Oil or Gas Pipe line Construction - -- including pile driving or dredging............ ............................... Pile Driving: Building foundations only ............................. Including timber wharf building ........................ Sonic method ........ ............................... •�D SV�II��D��iS'O~ 6229xu Dismantling of pre- fabricated dwellings not exceeding three stories in height for re- erection ...................... 5691st 3768xcu Federal war housing dismantling or wrecking — including sales- men or clerical at site of wrecking ................... 5697xc 6233xcu Military reservation dismantling or wrecking — including sales- men or clerical at site of wrecking ................... 5697xe 3470xcu 3430cu 3764cu Wrecking Buildings or Structures —not marine — including salesmen or clerical at site of wrecking ............... 3451xc Quarries — including the operation of crushers .............. 2483x Railroad Construction— including laying, relaying or removal of 3470xcu tracks or maintenance of way by contractors .............. 3444x Salvage Operations — including incidental wrecking, shoring or other structural work, the handling of machinery in damaged 3438xcu buildings, and salesmen or clerical at site of wrecking ...... 3451xc Sand or Gravel Digging —no canal, sewer, cellar excavation or 3438xcu underground mining ... ............................... 2483x Sewer Construction— including tunneling at street crossings... 3449xcu 6325xcu Shaft Sinking — including pile driving, excavation, concrete work or lining ............ ............................... 3430xcu Steam Mains or Connections Construction — including tunneling 3476xeu at street crossings .... ............................... 3449xcu Street or Road Construction or Reconstruction— clearing of right -of -way, excavation, filling or grading, bridge or culvert 3758cu building ............. ............................... 3450xcu Street or Road Paving or Repaving, Surfacing or Resurfacing or Scraping .......... ............................... 5506xcu 3482xu Subway Construction .... ............................... 6254xcu Telephone, Telegraph or Fire Alarm line Construction ........ 3448xcu 3477u Tunneling— including lining ..... ........................ 3438xcu Underpinning Buildings or Structures — including incidental shor- 7529xc ing, removal or rebuilding of walls, foundations, columns or piers ............... ............................... 3451xc 3448xeu Water Mains or Connections Construction — including tunneling 3470xcu at street crossings ... ............................... 3449xcu Welding or Cutting ...... ............................... 3428x 3449xcu Wrecking: Dismantling in sections or panels of buildings not exceeding 6041xcu three stories in height for re- erection, in connection with the Federal emergency housing and educational programs 6254xcu for veterans — including salesmen or clerical at site of dis- mantling .......... ............................... 56971c 6229xu Dismantling of pre- fabricated dwellings not exceeding three stories in height for re- erection ...................... 5691st 3768xcu Federal war housing dismantling or wrecking — including sales- men or clerical at site of wrecking ................... 5697xc 6233xcu Military reservation dismantling or wrecking — including sales- men or clerical at site of wrecking ................... 5697xe 3470xcu 3430cu 3764cu Wrecking Buildings or Structures —not marine — including salesmen or clerical at site of wrecking ............... 3451xc PERSONS INSURED 'ach of the following is an insured under this insurance to the extent set forth r) if the nx d Irsorrd Is desff;nated in the declarations as an Individual, the person so c_siiznated but cnly with respect to the conduct of a business of which he is the sole prr, richer; r) if the w,.n*d Insured is desirnmpd in the declare *ions as a partnership or joint vcniuie, the partn~rship or joint venture so di-Jrnated and any partner or member thereof but r €,ly with respect to his li r.ility as such; J if the nz:n; d Ensured is &sign ted in the declarations as other than an in- dividual, patnership or j.:�int venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such; 1 ary person (other than an employee of the nz ned insured) or organization while acting as real estate manger for the named insured; and with resp.ct to the opertion, for the purpose of locomotion upon a public highway, of nubile equipment registered under any motor vehicle registration law, (1) an employee of the warned insured while operating any such equipment in the course of his employment, and (Ii) any other person while operating with the permission of the named insured any such equipment registered in the name of the named insured and any person or organization legally responsible for such operation, but only if there is no other val >d a ±d collectible insurance available, either on a primary or excess basis, to such person or organization; provided that no person or organization shall be an Insured under this para- graph (e) with respect to: (1) bodily irjiiry to any feffow employee of such person injured in the course of his employment, or (2) property damage to property owned by, rented to, in charge of or occupied y the named insured or the employer of any person described in sub- paragraph (ii). This insurance does not apply to Wily injury or prcrcrty damage arising out of e conduct of any partnership or joint venture of which the insured is a partner member and which is not designated in this policy as a named insured. LIMITS Of LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organi- tions who sustain bodily injury or property damage, or (3) claims made or suits ought on account of bodily injury or property damage, the company's liability is sited as follows: Coverage A —The limit of bodily injury liability stated in the schedule as appli- ble to "each person" is the limit of the company's liability for all dam.-gas cause of bodily injury sustained by one person as the result of any one occur- rencs; but subject to the above provision respecting "each person ", the total liability of tha company for all ehmages because of bodir- li;iury sustained by two or more as the result of any one occurrence shaft not exceed the limit of bodily Ir, sry 1!.-:bility sfa „r d in the schedule as applicable to "each occurrence ". Subject to 00 °' hvi! provi ^ion4 respecting, "each person" and "each occ urre ce ", the totel of the ccmpIny for all 0r4apas because of (1) all bodily injury included wiE' ;m V,e cr:s3,rijcted op rations hazard and (2) all bodily injury included within the prc;9r•ets hazard shall not exceed the limit of bodily injury liability stated in the schedule as "aggregate ". CavF,i,-e !'--The total liability of the company for all damages because of all prepfrty sustained by one or more persons or orpanizations as the result of any, one cccirrrence shall not exceed the limit of property damage liability stated in the schedule as applicable to "each occurrence ". Subject to the above provision respecting "each occurrence ", the total liability of the temp any for all dzsnares because of all properly damage to which this coverage applies and described in any of the numbered subparagraphs below shall not exceed the limit of property damage liability stated in the schedule as "aggregate ": (1) all property damage arising out of premises or operations rated on a re- muneration basis or contractor's equipment rated on a receipts basis. including property damage for which liability is assumed under any Incidental contract relating to such premises or operations, but excluding property damage included in subparagraph (2) below; (2) all property damage arising out of and occurring, in the course of operations perfomcd for the named insured by independent contractors and general supervision thereof by the named insured, including any such property damage for which liability is assurned under any incidental contract relating to such operations, but this subparagraph (2) does not include property damage arising out of maintenance or repairs at premises owned by or rented to the named insured or structural alterations at such premises which do not involve changing the size of or moving buildings or other structures; (3) all property damage included within the products hazard and all property damn a included within the completed operations hazard. Such 1'7"+regate limit shall apply separately to the property damage described in subparagraphs (1), (2) and (3) above, and under subparagraphs (1) and (2), separately with respect to each project away from premises owned by or rented to the named insured. Coverages A and B —for the purpose of determining the limit of the company's liability, all bodily injury and property damage arising out of continuous or re- peated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. IV. POLICY PERIOD; TERRITORY This insurance applies only to bodily Injury or property damage which occurs during the policy period within the policy territory. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that: I. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability pokey issued by Nuclear Energy Liability Insurance Association, Mutual Atomic [nervy liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from ttie hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Pay- ments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the harsrdous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used. processed, stored, transported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an insured of services. materials, parts or equipment in connection with the planning, construction. maintenance, operation or u -e of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As us ^d in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; ..nuclear material" means source material, special nuclear material or by- product material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (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 (I) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such ma- terial 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; "property damage" includes all forms of radioactive contamination of property. na7 (The Attaching Clause need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) LIABILITY 0 301 L 9141 (Ed. lie) EXCLUSION (Completed Operations Hazard and Products Hazard) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE This endorsement, effective 10-5 -70 , forms a part of policy No. 55 -46 00 97 (12:01 A. M., standard time) issued to CORL.EY, ROBERT South Bay Vending Company by STATE FARM FIRE AND CASUALTY COMPANY _....... .................................. ............................... Authorized Representative It is agreed that such insurance as is afforded by the Bodily Injury Liability Coverage and the Property Damage Liability Coverage does not apply to bodily injury or property damage included within the Completed Operations Hazard or the Products Hazard. AUTM E NTICn LIABILITY (The Attaching Clause need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) G 319 EXCLUSION (Named Insured's Products) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the fol COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE STOREKEEPER'S INSURANCE This endorsement, effective 10 -5 -70 (12:01 A. M., standard time) issued to CORL.EY j ROBERT by STATE FARM FIRE AND CASUALTY COWANY Description of Operations_ VENDING MACHINES , forms a part of policy No. 55 -46 00 97 ......................................................... ............................... Authorized Representative L 9159 (Ed. 7-0) It is agreed that such insurance as is afforded by the Bodily Injury liability Coverage and the Property Damage liability Coverage for the operations described in this endorsement does not apply to bodily injury or property damage arising out of (1) the named insured's products, or (2) reliance upon a representation or warranty made with respect thereto if the bodily injury or property damage occurs after physical possession of such products has been relinquished to others whether such bodily injury or property damage occurs on premises owned by or rented to the named insured or elsewhere. AUTM E NTIC Q. A2 �/r 7