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HomeMy WebLinkAbout2026-097 AGRMT Calle Guanajuato Restaurant Commercial Use Agreement - Mix Sweet Shop Calle Guanajuato Restaurant Commercial Use License Agreement This RESTAURANT COMMERCIAL USE LICENSE (also referred to herein as"License") is made and entered into this 17 day of N(LIL 2026, by and between the City of Ashland, a municipal corporation of the State of Oregon, by and through the Ashland Parks and Recreation Commission ("Parks"), (hereinafter collectively referred to as "City"),and 011y s we i Slaty (hereinafter referred to as" Licensee"). 1. SCOPE OF LICENSE: Licensee is licensed to operate and maintain an outdoor dining site in the location depicted in Exhibit A(hereinafter"Site"). a. This License conveys no estate or interest in the Site, is revocable and not assignable. b. This License does not otherwise waive, modify or grant or affirm compliance with federal,state,or local laws applicable to Licensee or its business. c. Without unreasonably interfering with the license granted to Licensee,City retains all rights to use and maintain the Site for any of the purposes for which it holds the property licensed. 2. COMMENCEMENT: The term of this License shall commence upon approval and execution by both City and Licensee, unless terminated early as provided for herein. 3. DURATION INTERVAL OF USE: The duration and scope of this revocable License is for one season, beginning on the Commencement date and ending on 1931 , 2026,and in accordance with the use limitations in Section 5. 4. PAYMENT OF LICENSE FEES: Licensee shall pay a license fee based upon the square footage of the Site. The square footage awarded shall be determined each year by written order of Parks and shall be set forth precisely in Exhibit A&B. a. For the seasonal period of 3�1 to 12�31 2.1� the fee shall be$ 7. 3° per square foot for 7 days a week and$ .1 I A per square foot for 5 days per week for 2026. b. Any payments for fees,taxes or assessments required or in arrears or disputed must be made by Licensee before it will be issued a new license. 5. USE OF PREMISES AND OPERATION LIMITS: a. Compliance with Law. Licensee must comply with all federal,state and local laws,rules, and regulations applicable to public health and safety and licensing related to food and food handling and doing business in the State and City of Ashland; b. Maintenance and Safety. Licensee must maintain all the grounds, improvements, facilities, assets equipment and fixtures contained within the Site in good repair and in safe, sanitary, clean, and attractive condition that is approved acceptable by the City, such approval not to be unreasonably withheld. c. Improvements and Placement of Restaurant Equipment. Unless otherwise set forth herein, Licensee may make physical improvements or alterations to the site location or install structures or fixtur s thereon only after express written authorization of the Parks and Recreation Directo such approval not to be unreasonably withheld. L Licensee may place t les and chairs, serving tables or host podium stand or other (restaurant equip ent) items reasonably related to outdoor dining in the Site. ii. Restaurant equipment must be of sturdy and durable construction,movable by one person,and shall be self-supporting, and at no time attached,tied or locked to trees,fire hydrants,poles,fences or other fixed features. Hi. Licensee must not allow its equipment or other materials or restaurant Calle Guanajuato Restaurant Outdoor Dining License 1 employees to block or in any way impede pedestrian access or fire and emergency vehicle access to the Calle Guanajuato. d. Licensee is permitted to prepare, operate,and shall terminate use of the Site for outdoor dining operation between the period beginning N/0 '2026 and ending 1 Z43 I ,20L(ouvith the following hourly schedules as set forth below. e. No restaurant equipment,supplies or materials and no Licensee employees shall block, impede or in any way hamper vehicular traffic on Calle Guanajuato during the following hours except in compliance with a permit issued pursuant to Ashland Municipal Code 10.68.400 Monday through FridaV SaturdaV and Sunday Prior to 11:30 a.m. Prior to 8:00 a.m. &after 10:00 p.m. &after 10:00 p.m. f. Licensee must promptly remove any offensive, hazardous or dangerous restaurant equipment,furniture,or solid waste within the Site. g. Pilot Project: For 2026,some restaurants will be allowed to expand per the boundary map(Exhibit E) 6. FIRE AND LIFE SAFETY. Licensee shall comply with any and all fire and life safety guidelines, recommendations and requirements issued by the City of Ashland Fire Marshal, including, but not limited to: a. Maintain all required fire and emergency access areas; b. Ensure that permitted restaurant equipment does not encroach upon or obstruct public walkways or open space areas while maintaining a clear eight (8) foot pathway for emergency vehicles as approved by the City of Ashland Fire Marshal; c. Maintain a clear, unobstructed space around any fire hydrant as required for fire safety; d. Have available and maintain such fire extinguishers as determined by the Fire Marshal; e. Patrons and restaurant staff must strictly abide by the Park prohibition on smoking, and Licensee must so advise its patrons and restaurant staff; and f. Unless otherwise explicitly granted by the City, Licensee shall not use any bottled gas, electrical devices,or hazardous materials or hazardous substances without prior approval by the Parks and Recreation Director. [For purposes of this License"Hazardous Substance"or"Hazardous Material' means any hazardous,toxic,infectious,or radioactive substance,waste,or material as defined or listed by any local,state or federal environmental law.] 7. VEHICULAR ACCESS. Unless otherwise provided herein, Licensee must strictly comply with limitations in AMC 10.68.400 on vehicular access to the Calle Guanajuato. a. Parks, at its sole discretion, may issue revocable access permits to Licensee for limited purposes and for limited times to facilitate set up,take down,and removal of restaurant equipment and other materials allowable under this License. b. Vehicles must exclusively ingress and egress from Winburn Way, and must not enter or exit from the plaza end of Calle Guanajuato c. At no time may the Licensee interfere with the eight(8)foot path required for emergency vehicles. d. The Licensee must ensure that appropriate pedestrian safety precautions are maintained while vehicles using the access permits are in the vicinity. e. Licensee must procure and maintain insurance in accordance with the requirements of Exhibit C in full force and effect throughout the term of this License. Calle Guanajuato Restaurant Outdoor Dining License 2 8. SERVICE OF ALCOHOL. Notwithstanding AMC 10.40.030 prohibiting public consumption of alcoholic beverages,during the term of this License Restaurant is authorized serve alcoholic beverages on the Site under the following conditions: a. Maintain in force a comprehensive liability insurance policy including an endorsement for In uor liability at it's own expense and at all times during the duration of the License; nitial from Licensee) b, erve alcoholic beverages only in conjunction with prepared meals. 9. INSURANCE: Licensee shall, at its sole cost and obligation, procure and maintain insurance in accordance with the requirements of Exhibit C in full force and effect throughout the term of this License. Licensee shall provide the City with copies of said insurance certificates and shall name the City of Ashland as an additional insured. 10. INDEMNITY AND HOLD HARMLESS: Licensee will defend, indemnify and hold City and/or Ashland Parks and Recreation Commission,their officers, employees and agents harmless from any and all losses, claims, actions,costs,expenses,judgments,subrogations,or other damages resulting from injury to any person (including injury resulting in death,)or damage (including loss or destruction)to property,of whatsoever nature arising out of or incident to this License or the activities that take place on licensed property. Licensee waives the right of subrogation regarding the insurance policy as described in the Insurance Section in this License. Licensee will not be held responsible for damages caused by negligence of City. a. The obligation to indemnify is expressly understood to survive termination of this License for any reason,and includes reasonable attorneys'fees, including attorneys' fees on appeal,and investigation costs and all other reasonable costs, expenses and liabilities incurred by City or its attorney from the first notice that any claim or demand is to be made or may be made. 11. TERMINATION: Notwithstanding any other provision herein,the City may terminate this license, in whole or in part,at any time for any reason considered by the City, in the exercise of its sole discretion,to reasonably be in the public interest. The City will provide Licensee seven (7) days prior written notice of a termination for public convenience. a. Licensee's recourse to contest termination of the license by City is provided in AMC 2.30, Uniform Administrative Appeals Process. b. Notwithstanding any other provision herein,City may order vacation of the Site or immediately remove the Licensee or any other person who may be occupying the Site area with or without a Court Order sanctioning such action. c. Upon failure to vacate,City is expressly authorized to remove all Licensee's property from the Site at the Licensee's expense. i. City will reasonably safeguard and maintain the property of the Licensee for at least 30 days and shall leave it reasonably available for Licensee to take possession.City may dispose of any property that remains unclaimed after 30 days.City may use reasonable discretion to immediately dispose of non-durable or solid waste,including but not limited to food and other putrescible waste. 12. SURRENDER: Upon the expiration of the original term or terms,as extended by the parties, Licensee shall surrender to the City the Site in as good or better condition and order as it was originally received,except for reasonable and typical wear and tear. 13. DISPUTE RESOLUTION AND ATTORNEY FEES: The preferred method of resolving disputes between the parties under this License shall be first by mediation. Mediation shall be conducted by a mediator chosen by mutual agreement of the parties;if there is no agreement,the mediator shall be appointed by an elected Jackson County Municipal Court Judge or Judge pro tem. Calle Guanajuato Restaurant Outdoor Dining License 3 a. Except for costs associated with building a case,for attorneys'fees, and for expert witnesses,any mutually incurred cost of mediation services shall be shared equally between the two parties. b. In any administrative appeal or litigation between the parties arising out of this License, the prevailing party shall recover its reasonable attorneys'fees incurred at trial and upon appeal. "Attorneys'fees"shall include the reasonable value of the services of in- house counsel. 14. MISCELLANEOUS PROVISIONS. a. Notice.Any notice affecting the rights of the parties under this License shall be delivered in writing either in person or to the following parties by first class mail: City: Rachel Dials, Deputy Parks Director Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, Oregon 97520 (Telephone 541-488-5340; FAX: 541-488-5314) Copy to: Sabrina Cotta,City Manager City of Ashland 20 East Main Street Ashland,Oregon 97520 (Telephone: 541-552-2100; Fax:541-488-5311) Licensee Business Name: Attn: Mix Bakeshop Address: 57 N. Main Street Phone Number: 541-326-7480 Calle Guanajuato Restaurant Outdoor Dining License 4 b. Governing Law. This License, and all matters relating to this License, shall be governed by the laws of the State of Oregon in force at the time any need for interpretation of this License or any decision or holding concerning this License arises.The parties to this License do not intend to confer on any third party any rights under this License. c. Severability. If any provision of this License is held by a court of competent jurisdiction to be either invalid,void, or unenforceable,the remaining provisions of this License shall remain in full force and effect. d. Merger. THIS LICENSE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR IMPLIED STATEMENTS, NEGOTIATIONS AND/OR AGREEMENTS BETWEEN THE PARTIES, EITHER ORAL OR WRITTEN,AND MAY NOT BE AMENDED,CHANGED OR MODIFIED IN ANY WAY, EXCEPT BY WRITTEN GRFFrMENT SIGNED BY ALL PARTIES HERETO. DATED this�day of tl 11. 2026 Licensee: Licensor/City of Ashland,Oregon: Mix Sweet Shop Inc Pa <s nd Re tionlf Licensee Name Rachel Dials, Deputy Parks Director Jamie North Ashland%4Z, Recreation Date: 4/24/26 Date: J� -7 z� Sabrina o ta,City I 1b,-Manager Approved as to form: 3.3.26 Carmel i6firan,Assistant City Attorney Calle Guanajuato Restaurant Outdoor Dining License 5 Exhibit B Proposal Documents Ashland Parks&Recreation Commission REQUEST FOR COMMERCIAL USE SPACE ON CALLE GUANAJUATO NAME OF APPLICANT Mix Sweet Shop Inc WIC PHONE 5413267480 MESSAGE PHONE 5413267480 EMAIL ADDRESS jamie@mixashiand.com NAME OF AUTHORIZED REPRESENTATIVE Jamie North WHAT IS THE BEST WAY TO CONTACT YOU?*(Circle one)email/phone MAILING ADDRESS 57 N. Main Street CITY Ashland STATE Or ZIP CODE: 97520 Follow these steps: 1. PLEASE ATTACH A SIMPLE SITE PLAN SHOWING HOW RESTAURANT EQUIPMENT AND/OR CONCESSION STANDS WILL BE LOCATED WITHIN THE BOUNDARY OF THE SITE LOCATION. 2. PLEASE CIRCLE ON BOUNDARY MAP WHICH AREA IS REQUESTED a. WILL ALCOHOLIC BEVERAGES BE SERVED?(Circle One)YIDS" NOD b. IS THIS A SHARED SPACE APPLICATION?(Circle Onlij YES NO IF YES,WITH WHOM? This section to be filled out by APRC Staff Total Square Footage x$ = Date Paid_ 33s� c, The following items must be obtained before permit can be issued: • Copy of OLCC License for outdoor seating nJ� lnSk��►' J • Copy of Insurance Certificate naming City of Ashland as additionaluisureds • Signed copy of the waiver(to be provided later) v-s- r7AO Exhibit A-License Area i TL-, ( `3 , t 3 r z "I ' � f i I d 3 z l _K; \� x 4 kill I , C i Exhibit C Insurance Requirements The Concessionaire,at its sole cost and expense,commencing on the effective date of this License,shall procure and maintain insurance acceptable to the City in frill force and effect throughout the term of this License. It is agreed that any insurance maintained by City shall apply in excess of,and not contribute with,insurance provided by Concessionaire, Concessionaire's Insurance shall be primary and non-contributory and have a cross-liability clause. During the term of this contract,Licensee shall maintain in full force,all the insurance coverage noted below with the City named as additionally insured: I. Comprehensive General Liability insurance,with a general aggregate limit of not less than$2,000,000 and $2,000,000 per occurrence, Each policy shall contain a blanket contractual liability endorsement to cover the Licensee's indenmification and other obligations under this License as well as owners'and contractors'protective insurance,products and completed operations coverage,fire damage,personal and advertising injury coverage. It shall also include,if appropriate for the contract,coverage for Licensee's Site operations,explosion and collapse hazard, underground hazard,products,completed operations,contractual insurance,and independent contractors. 2. Comprehensive Automobile Liability insurance,with a general aggregate limit of not less than$2,000,000 and $2,000,000 per occurrence,including coverage for owned,hired or non-owned vehicles. 3 Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days written notice from the Licensee or its insurer(s)to the City. 4. Certificates of insurance. As evidence of the insurance coverage's required by this contract,the Licensee shall furnish acceptable insurance certificates to City at the time Licensee returns signed contracts. For general liability insurance and automobile liability insurance the certificate will provide that the City,Parks Commission,its officers, employees and agents are Additional Insureds. The certificate will include the 30-day cancellation clause,and will include the deductible or retention level. Insuring companies or entities are subject to City acceptance, If requested, complete copies of insurance policies shall be provided to the City. The Licensee shall be financially responsible for all pertinent deductibles,self-insured retention's,and/or self-insurance.Certificates of Insurance shall be forwarded to Ashland Parks&Recreation:The Grove,1195 E Main St.,Ashland OR 97520. 5. Workers Compensation insurance in compliance with Oregon Statutes,(ORS 656.0171 which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers.(Required of Licensees with one or more employees,unless exempt under ORS 656.027).) Only if Licensee does not employ workers subject to ORS Chapter 656,Licensee shall sign the following affidavit: EXEMPTION AFFIDAVIT Licensee declares,under penalty of petjuy and false swearing,that Licensee does not currently employ,and will not employ any individuals for work under this contract during the term this License is in force. Date: Licensee Calle Guanajuato Restaurant Outdoor Dining License 8 ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0E(MMID026 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 r NAME: Rebecca McGregor Reinholdt&O Harra Insurance PHONE 541 482-1921 plc No; 541 833-2333 1756 Ashland Street CA No EXW ( ) ( ) Ashland, OR 97520 E-MAIL E-MAIL ADDRESS: award@reinholdtins.com License#: 800442 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Fidelity&Guaranty Insurance Company- 35386 INSURED INSURER B: Travelers Casualty Insurance Co of America 19046 Mix Sweet Shop Inc INSURERC: Travelers 25674 57 N Main St INSURERD: Saif Corporation Ashland, OR 97520-2725 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00020360-0 REVISION NUMBER: 6 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.LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED.*Not Applicable in WY INSR TYPE OF INSURANCE AODL SUERPOLICY LTR POLICY NUMBER MM/DDIIYYYY MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BIP-7S864988-25-42 09/26/2025 09/26/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE O TE CLAIMS-MADE �OCCUR PREM SESEa oocur ante $ 300 000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY BA-7S828351-25-42 09/26/2025 09/26/2026 Co aBcideDisINGLE LIMIT $ 1 OOO 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident C X UMBRELLA LIAB X I OCCUR Y CUP-7S828050-25-42 09/26/2025 09/26/2026 EACH OCCURRENCE $ EXCESS LIAB 1-1 CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ 0 $ D WORKERS COMPENSATION PER776054 01/01I2026 01101/2027 X STATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as Additional Insured as per Xtend Endorsement CG D1 86 02 19 with respects to general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland, OR 97520 AUTH 12EDREPRESENTATIVE /& Ur REB ACORD 25(2025/12) @ 1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by REB on 04/24/2026 at 09:12AM COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured—Mortgagees, B. Who Is An Insured — Employees And Volunteer Assignees, Successors Or Receivers Workers — Bodily Injury To Co-Employees And H. Blanket Additional Insured—Governmental Co-Volunteer Workers Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Premises Limited Liability Companies I. Blanket Additional Insured—Governmental D. Blanket Additional Insured—Persons Or Entities— Permits Or Authuorizations Relating To Organizations For Your Ongoing Operations As Operations Required By Written Contract Or Agreement J. Blanket Additional Insured—Grantors Of E. Blanket Additional Insured—Broad Form Franchises Vendors K. Incidental Medical Malpractice F. Blanket Additional Insured—Controlling interest L. Blanket Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1. of Section II —Who A. WHO IS AN INSURED — UNNAMED Is An Insured, each such subsidiary will be SUBSIDIARIES deemed to be designated in the Declarations as: The following is added to SECTION II — WHO IS a. A limited liability company; AN INSURED: Any of your subsidiaries, other than a partnership b. An organization other than a partnership, joint or joint venture, that is not shown as a Named venture or limited liability company; or Insured in the Declarations is a Named Insured if: c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in, such govern its structure. subsidiary on the first day of the policy period; B. WHO IS AN INSURED — EMPLOYEES AND and VOLUNTEER WORKERS—BODILY INJURY TO b. Such subsidiary is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for"bodily injury" The following is added to Paragraph 2.a.(1) of or "property damage" that occurred, or "personal SECTION II—WHO IS AN INSURED: and advertising injury" caused by an offense Paragraphs (1)(a), (b) and (c) above do not apply committed: to "bodily injury" to a co-"employee" while in the a. Before you maintained an ownership interest course of the co-"employee's" employment by you of more than 50% in such subsidiary; or or performing duties related to the conduct of your business, or to "bodily injury" to your other b. After the date, if any, during the policy period "volunteer workers" while performing duties that you no longer maintain an ownership related to the conduct of your business. interest of more than 50% in such subsidiary. CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED — NEWLY ACQUIRED E. BLANKET ADDITIONAL INSURED — BROAD OR FORMED LIMITED LIABILITY COMPANIES FORM VENDORS 1. The following replaces the first sentence of The following is added to SECTION II — WHO IS Paragraph 3. of SECTION II — WHO IS AN AN INSURED: INSURED: Any person or organization that is a vendor and Any organization you newly acquire or form, that you have agreed in a written contract or other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured, but only with you maintain an ownership interest of more respect to liability for "bodily injury" or "property than 50%, will qualify as a Named Insured if damage" that: there is no other similar insurance available to a. Occurs subsequent to the signing of that that organization. contract or agreement; and 2. The following replaces the last sentence of b. Arises out of "your products" that are Paragraph 3. of SECTION II — WHO IS AN distributed or sold in the regular course of INSURED: such vendor's business. For the purposes of Paragraph 1. of Section 11 The insurance provided to such vendor is subject —Who Is An Insured, each such organization to the following provisions: will be deemed to be designated in the Declarations as: a. The limits of insurance provided to such vendor will be the minimum limits that you a. A limited liability company; agreed to provide in the written contract or b. An organization other than a partnership, agreement, or the limits shown in the joint venture or limited liability company; Declarations, whichever are less. or b. The insurance provided to such vendor does c. A trust; not apply to: as indicated in its name or the documents that govern its structure. (1) Any express warranty not authorized by you or any distribution or sale for a D. BLANKET ADDITIONAL INSURED—PERSONS purpose not authorized by you; OR ORGANIZATIONS FOR YOUR ONGONIG (2) Any change in "your products" made by OPERATIONS AS REQUIRED BY WRITTEN such vendor; CONTRACT OR AGREEMENT The following is added to SECTION 11 — WHO IS (3) Repackaging, unless unpacked solely for AN INSURED: the purpose of inspection, demonstration, Any person or organization that is not otherwise testing, or the substitution of parts under an insured under this Coverage Part and that you instructions from the manufacturer, and have agreed in a written contract or agreement to then repackaged in the original container; include as an additional insured on this Coverage (4) Any failure to make such inspections, Part is an insured, but only with respect to liability adjustments, tests or servicing as for"bodily injury" or"property damage"that: vendors agree to perform or normally a. Occurs subsequent to the signing of that undertake to perform in the regular contract or agreement; and course of business, in connection with the distribution or sale of"your products"; b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing (5) Demonstration, installation, servicing or operations to which that contract or repair operations, except such operations agreement applies or the acts or omissions of performed at such vendor's premises in any person or organization performing such connection with the sale of "your operations on your behalf. products"; or The limits of insurance provided to such insured (6) "Your products" that, after distribution or will be the minimum limits that you agreed to sale by you, have been labeled or provide in the written contract or agreement, or relabeled or used as a container, part or the limits shown in the Declarations, whichever ingredient of any other thing or substance are less. by or on behalf of such vendor. Page 2 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: b. Arises out of the ownership, maintenance or a. Any person or organization from whom you use of the premises for which that mortgagee, assignee, successor or receiver is required have acquired "your products", or any under that contract or agreement to be ingredient, part or container entering into, accompanying or containing such products; included as an additional insured on this Coverage Part. or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the additional insured specifically is scheduled by following provisions: endorsement. a. The limits of insurance provided to such F. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to 1. The following is added to SECTION II —WHO provide in the written contract or agreement, IS AN INSURED: or the limits shown in the Declarations, whichever are less. Any person or organization that has financial control of you is an insured with respect to b. The insurance provided to such person or liability for "bodily injury", "property damage" organization does not apply to: or"personal and advertising injury" that arises (1) Any "bodily injury" or "property damage" out of: that occurs, or any "personal and a. Such financial control; or advertising injury" caused by an offense b. Such person's or organization's that is committed, after such contract or ownership, maintenance or use of agreement is no longer in effect; or premises leased to or occupied by you. (2) Any "bodily injury", "property damage" or The insurance provided to such person or personal and advertising injury arising organization does not apply to structural out of any structural alterations, new erationsliti d ti trucon or demolition o alterations, new construction or demolition cons p operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or receiver. 2. The following is added to Paragraph 4. of SECTION 11—WHO IS AN INSURED: H. BLANKET ADDITIONAL INSURED — This paragraph does not apply to any GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has financial control of you. The following is added to SECTION II — WHO IS AN INSURED: G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS Any governmental entity that has issued a permit OR RECEIV ERS or authorization with respect to premises owned or occupied by, or rented or loaned to, you and The following is added to SECTION II — WHO IS that you are required by any ordinance, law, AN INSURED: building code or written contract or agreement to Any person or organization that is a mortgagee, include as an additional insured on this Coverage assignee, successor or receiver and that you Part is an insured, but only with respect to liability have agreed in a written contract or agreement to for"bodily injury", "property damage" or "personal include as an additional insured on this Coverage and advertising injury" arising out of the Part is an insured, but only with respect to its existence, ownership, use, maintenance, repair, liability as mortgagee, assignee, successor or construction, erection or removal of any of the receiver for "bodily injury", "property damage" or following for which that governmental entity has "personal and advertising injury" that: issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal a. Is "bodily injury or property damage' that holes, driveways, manholes, marquees, hoist occurs, or is "personal and advertising injury" away openings, sidewalk vaults, elevators, street caused by an offense that is committed, banners or decorations. subsequent to the signing of that contract or agreement; and CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED — 2. The following replaces the last paragraph of GOVERNMENTAL ENTITIES — PERMITS OR Paragraph 2.a.(1) of SECTION II — WHO IS AUTHORIZATIONS RELATING TO OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care services, Any governmental entity that has issued a permit Paragraphs (1)(a), (b), (c) and (d) above do or authorization with respect to operations not apply to "bodily injury" arising out of performed by you or on your behalf and that you providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical technician, insured, but only with respect to liability for "bodily paramedic, athletic trainer, audiologist, injury", "property damage" or "personal and dietician, nutritionist, occupational advertising injury" arising out of such operations. therapist or occupational therapy The insurance provided to such governmental assistant, physical therapist or speech- entity does not apply to: language pathologist; or a. Any "bodily injury", "property damage" or (b) First aid or "Good Samaritan services" by "personal and advertising injury" arising out of any of your "employees" or "volunteer operations performed for the governmental workers", other than an employed or entity; or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing b. Any "bodily injury" or "property damage" to provide first aid or "Good Samaritan included in the "products-completed services" during their work hours for you operations hazard". will be deemed to be acting within the J. BLANKET ADDITIONAL INSURED — scope of their employment by you or GRANTORS OF FRANCHISES performing duties related to the conduct The following is added to SECTION II — WHO IS of your business. AN INSURED: 3. The following replaces the last sentence of Any person or organization that grants a franchise Paragraph 5. of SECTION III — LIMITS OF to you is an insured, but only with respect to INSURANCE: liability for "bodily injury", "property damage" or For the purposes of determining the "personal and advertising injury" arising out of applicable Each Occurrence Limit, all related your operations in the franchise granted by that acts or omissions committed in providing or person or organization. failing to provide "incidental medical If a written contract or agreement exists between services", first aid or "Good Samaritan you and such additional insured, the limits of services"to any one person will be deemed to insurance provided to such insured will be the be one 'occurrence". minimum limits that you agreed to provide in the written contract or agreement, or the limits shown 4. The following exclusion is added to in the Declarations, whichever are less. Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY K. INCIDENTAL MEDICAL MALPRACTICE INJURY AND PROPERTY DAMAGE 1. The following replaces Paragraph b. of the LIABILITY: definition of 'occurrence" in the Sale Of Pharmaceuticals DEFINITIONS Section: b. An act or omission committed in providing "Bodily injury" or "property damage" arising or failing to provide "incidental medical out of the violation of a penal statute or services", first aid or "Good Samaritan ordinance relating to the sale of services' to a person, unless you are in pharmaceuticals committed by, or with the the business or occupation of providing knowledge or consent of, the insured. professional health care services. Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS to any person to the extent not subject to Section: Paragraph 2.a.(1) of Section II — Who Is An "Incidental medical services" means: Insured. a. Medical, surgical, dental, laboratory, x-ray L. BLANKET WAIVER OF SUBROGATION or nursing service or treatment, advice or The following is added to Paragraph 8., Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages; or of SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of 6. The following is added to Paragraph 4.b., recovery against any person or organization, we waive our right of recovery against such person or Excess Insurance, of SECTION IV — organization, but only for payments we make COMMERCIAL GENERAL LIABILITY because of: CONDITIONS: This insurance is excess over any valid and a. "Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, that b. "Personal and advertising injury" caused by is available to any of your "employees" for an offense that is committed; "bodily injury" that arises out of providing or subsequent to the execution of the contract or failing to provide "incidental medical services" agreement. CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. ACORD (MM/AT CERTIFICATE OF LIABILITY INSURANCE AT ATE(.MI2026 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 CONTNAME: Rebecca McGregor Reinholdt& O' Harra Insurance 1756 Ashland Street AICONNo Ext: (541)482-1921 n/c No: (541)833-2333 Ashland, OR 97520 ADDRESS, award@reinholdtins.com License#: 800442 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Fidelity&Guaranty Insurance Comp ny 35386 INSURED INSURER B: Travelers Casualty Insurance Co of America 19046 Mix Sweet Shop Inc INSURERC: Travelers 25674 57 N Main St INSURERD: Saif Corporation Ashland, OR 97520-2725 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00020360-0 REVISION NUMBER: 6 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.LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED.*Not Applicable in WY INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR D POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y BIP-7S864988-25-42 09/26/2025 09/26/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO IEITE CLAIMS-MADE 1XI OCCUR PREM"ES (E.occu ante) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �( POLICY❑PE� LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA-7S828351-25-42 09/26/2025 09/26/2026 (Ea acccidentSINGLE LIMIT $ 1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR Y CUP-7S828050-25-42 09/26/2025 09/26/2026 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED I I RETENTION$ 0 $ D WORKERS COMPENSATION PER776054 01/01I2026 01101/2027 X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE —] NIA E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as Additional Insured as per Xtend Endorsement CIS D1 86 02 19 with respects to general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland, OR 97520 AUTH IZED REPRESENTATIVE I - //lam REB ACORD 25(2025/12) @ 1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by REB on 04/24/2026 at 09:12AM COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries G. Blanket Additional Insured—Mortgagees, B. Who Is An Insured — Employees And Volunteer Assignees, Successors Or Receivers Workers— Bodily Injury To Co-Employees And H. Blanket Additional Insured —Governmental Co-Volunteer Workers Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Premises Limited Liability Companies I. Blanket Additional Insured—Governmental D. Blanket Additional Insured—Persons Or Entities— Permits Or Authuorizations Relating To Organizations For Your Ongoing Operations As Operations Required By Written Contract Or Agreement J. Blanket Additional Insured—Grantors Of E. Blanket Additional Insured—Broad Form Franchises Vendors K. Incidental Medical Malpractice F. Blanket Additional Insured—Controlling interest L. Blanket Waiver Of Subrogation PROVISIONS For purposes of Paragraph 1. of Section II —Who A. WHO IS AN INSURED — UNNAMED Is An Insured, each such subsidiary will be SUBSIDIARIES deemed to be designated in the Declarations as: The following is added to SECTION II — WHO IS a. A limited liability company; AN INSURED: Any of your subsidiaries, other than a partnership b. An organization other than a partnership, joint or joint venture, that is not shown as a Named venture or limited liability company; or Insured in the Declarations is a Named Insured if: c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% in, such govern its structure. subsidiary on the first day of the policy period; B. WHO IS AN INSURED — EMPLOYEES AND and VOLUNTEER WORKERS—BODILY INJURY TO b. Such subsidiary is not an insured under CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for"bodily injury" The following is added to Paragraph 2.a.(1) of or "property damage" that occurred, or "personal SECTION II—WHO IS AN INSURED: and advertising injury" caused by an offense Paragraphs (1)(a), (b) and (c) above do not apply committed: to "bodily injury" to a co-"employee" while in the a. Before you maintained an ownership interest course of the co-"employee's" employment by you of more than 50% in such subsidiary; or or performing duties related to the conduct of your business, or to "bodily injury" to your other b. After the date, if any, during the policy period "volunteer workers" while performing duties that you no longer maintain an ownership related to the conduct of your business. interest of more than 50% in such subsidiary. CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED — NEWLY ACQUIRED E. BLANKET ADDITIONAL INSURED — BROAD OR FORMED LIMITED LIABILITY COMPANIES FORM VENDORS 1. The following replaces the first sentence of The following is added to SECTION II —WHO IS Paragraph 3. of SECTION II — WHO IS AN AN INSURED: INSURED: Any person or organization that is a vendor and Any organization you newly acquire or form, that you have agreed in a written contract or other than a partnership or joint venture, and agreement to include as an additional insured on of which you are the sole owner or in which this Coverage Part is an insured, but only with you maintain an ownership interest of more respect to liability for "bodily injury" or "property than 50%, will qualify as a Named Insured if damage"that: there is no other similar insurance available to a. Occurs subsequent to the signing of that that organization. contract or agreement; and 2. The following replaces the last sentence of b. Arises out of "your products" that are Paragraph 3. of SECTION 11 — WHO IS AN distributed or sold in the regular course of INSURED: such vendor's business. For the purposes of Paragraph 1. of Section 11 The insurance provided to such vendor is subject —Who Is An Insured, each such organization to the following provisions: will be deemed to be designated in the Declarations as: a. The limits of insurance provided to such vendor will be the minimum limits that you a. A limited liability company; agreed to provide in the written contract or b. An organization other than a partnership, agreement, or the limits shown in the joint venture or limited liability company; Declarations, whichever are less. or b. The insurance provided to such vendor does c. A trust; not apply to: as indicated in its name or the documents (1) Any express warranty not authorized by that govern its structure. you or any distribution or sale for a D. BLANKET ADDITIONAL INSURED—PERSONS purpose not authorized by you; OR ORGANIZATIONS FOR YOUR ONGONIG (2) Any change in "your products" made by OPERATIONS AS REQUIRED BY WRITTEN such vendor; CONTRACT OR AGREEMENT The following is added to SECTION II —WHO IS (3) Repackaging, unless unpacked solely for AN INSURED: the purpose of inspection, demonstration, Any person or organization that is not otherwise testing, or the substitution of parts under an insured under this Coverage Part and that you instructions from the manufacturer, and have agreed in a written contract or agreement to then repackaged in the original container; include as an additional insured on this Coverage (4) Any failure to make such inspections, Part is an insured, but only with respect to liability adjustments, tests or servicing as for"bodily injury" or"property damage"that: vendors agree to perform or normally a. Occurs subsequent to the signing of that undertake to perform in the regular contract or agreement; and course of business, in connection with the distribution or sale of"your products"; b. Is caused, in whole or in part, by your acts or omissions in the performance of your ongoing (5) Demonstration, installation, servicing or operations to which that contract or repair operations, except such operations agreement applies or the acts or omissions of performed at such vendor's premises in any person or organization performing such connection with the sale of "your operations on your behalf. products"; or The limits of insurance provided to such insured (6) "Your products" that, after distribution or will be the minimum limits that you agreed to sale by you, have been labeled or provide in the written contract or agreement, or relabeled or used as a container, part or the limits shown in the Declarations, whichever ingredient of any other thing or substance are less, by or on behalf of such vendor. Page 2 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to: b. Arises out of the ownership, maintenance or a. Any person or organization from whom you use of the premises for which that mortgagee, assignee, successor or receiver is required have acquired "your products", or any under that contract or agreement to be ingredient, part or container entering into, accompanying or containing such products; included as an additional insured on this Coverage Part. or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the additional insured specifically is scheduled by following provisions: endorsement. a. The limits of insurance provided to such F. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to 1. The following is added to SECTION II —WHO provide in the written contract or agreement, IS AN INSURED: or the limits shown in the Declarations, whichever are less. Any person or organization that has financial control of you is an insured with respect to b. The insurance provided to such person or liability for "bodily injury", "property damage" organization does not apply to: or"personal and advertising injury" that arises (1) Any "bodily injury" or "property damage" out of: that occurs, or any "personal and a. Such financial control; or advertising injury" caused by an offense b. Such person's or organization's that is committed, after such contract or ownership, maintenance or use of agreement is no longer in effect; or premises leased to or occupied by you. (2) Any "bodily injury", "property damage" or The insurance provided to such person or personal and advertising injury arising organization does not apply to structural out of any structural alterations, new alterations, new construction or demolition construction or demolition operations operations performed by or on behalf of such performed by or on behalf of such person or organization. mortgagee, assignee, successor or receiver. 2. The following is added to Paragraph 4. of SECTION II—WHO IS AN INSURED: H. BLANKET ADDITIONAL INSURED — This paragraph does not apply to any GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has financial control of you. The following is added to SECTION II — WHO IS AN INSURED: G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS Any governmental entity that has issued a permit OR RECEIV ERS or authorization with respect to premises owned or occupied by, or rented or loaned to, you and The following is added to SECTION II — WHO IS that you are required by any ordinance, law, AN INSURED: building code or written contract or agreement to Any person or organization that is a mortgagee, include as an additional insured on this Coverage assignee, successor or receiver and that you Part is an insured, but only with respect to liability have agreed in a written contract or agreement to for"bodily injury", "property damage" or "personal include as an additional insured on this Coverage and advertising injury" arising out of the Part is an insured, but only with respect to its existence, ownership, use, maintenance, repair, liability as mortgagee, assignee, successor or construction, erection or removal of any of the receiver for "bodily injury", "property damage" or following for which that governmental entity has "personal and advertising injury" that: issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal a. Is "bodily injury" or "property damage" that holes, driveways, manholes, marquees, hoist occurs, or is "personal and advertising injury" away openings, sidewalk vaults, elevators, street caused by an offense that is committed, banners or decorations. subsequent to the signing of that contract or agreement; and CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY I. BLANKET ADDITIONAL INSURED — 2. The following replaces the last paragraph of GOVERNMENTAL ENTITIES — PERMITS OR Paragraph 2.a.(1) of SECTION 11 — WHO IS AUTHORIZATIONS RELATING TO OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care services, Any governmental entity that has issued a permit Paragraphs (1)(a), (b), (c) and (d) above do or authorization with respect to operations not apply to "bodily injury" arising out of performed by you or on your behalf and that you providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical technician, insured, but only with respect to liability for "bodily paramedic, athletic trainer, audiologist, injury", "property damage" or "personal and dietician, nutritionist, occupational advertising injury" arising out of such operations. therapist or occupational therapy The insurance provided to such governmental assistant, physical therapist or speech- entity does not apply to: language pathologist; or a. Any "bodily injury", "property damage" or (b) First aid or "Good Samaritan services" by "personal and advertising injury" arising out of any of your "employees" or "volunteer operations performed for the governmental workers", other than an employed or entity; or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing b. Any "bodily injury" or "property damage" to provide first aid or "Good Samaritan included in the "products-completed services" during their work hours for you operations hazard". will be deemed to be acting within the J. BLANKET ADDITIONAL INSURED — scope of their employment by you or GRANTORS OF FRANCHISES performing duties related to the conduct The following is added to SECTION 11 — WHO IS of your business. AN INSURED: 3. The following replaces the last sentence of Any person or organization that grants a franchise Paragraph 5. of SECTION III — LIMITS OF to you is an insured, but only with respect to INSURANCE: liability for "bodily injury", "property damage" or For the purposes of determining the "personal and advertising injury" arising out of applicable Each Occurrence Limit, all related your operations in the franchise granted by that acts or omissions committed in providing or person or organization. failing to provide "incidental medical If a written contract or agreement exists between services", first aid or "Good Samaritan you and such additional insured, the limits of services"to any one person will be deemed to insurance provided to such insured will be the be one "occurrence". minimum limits that you agreed to provide in the written contract or agreement, or the limits shown 4. The following exclusion is added to in the Declarations, whichever are less. Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY K. INCIDENTAL MEDICAL MALPRACTICE INJURY AND PROPERTY DAMAGE 1. The following replaces Paragraph b. of the LIABILITY: definition of "occurrence" in the Sale Of Pharmaceuticals DEFINITIONS Section: b. An act or omission committed in providing "Bodily injury" or "property damage" arising or failing to provide "incidental medical out of the violation of a penal statute or services", first aid or "Good Samaritan ordinance relating to the sale of services to a person, unless you are in pharmaceuticals committed by, or with the the business or occupation of providing knowledge or consent of, the insured. professional health care services. Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D1 86 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS to any person to the extent not subject to Section: Paragraph 2.a.(1) of Section II — Who Is An "Incidental medical services" means: Insured. a. Medical, surgical, dental, laboratory, x-ray L. BLANKET WAIVER OF SUBROGATION or nursing service or treatment, advice or The following is added to Paragraph 8., Transfer instruction, or the related furnishing of Of Rights Of Recovery Against Others To Us, food or beverages; or of SECTION IV — COMMERCIAL GENERAL b. The furnishing or dispensing of drugs or LIABILITY CONDITIONS: medical, dental, or surgical supplies or If the insured has agreed in a contract or appliances. agreement to waive that insured's right of 6. The following is added to Paragraph 4.b., recovery against any person or organization, we waive our right of recovery against such person or Excess Insurance, of SECTION IV — organization, but only for payments we make COMMERCIAL GENERAL LIABILITY because of: CONDITIONS: This insurance is excess over any valid and a. "Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, that b. "Personal and advertising injury" caused by is available to any of your "employees" for an offense that is committed; "bodily injury" that arises out of providing or subsequent to the execution of the contract or failing to provide "incidental medical services" agreement, CG D1 86 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 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