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HomeMy WebLinkAboutCousins Maine Lobster 2019-41 Southold Town Board - Letter Board Meeting of September 10, 2019 RESOLUTION 2019-802 Item# 5.35 Z� ADOPTED DOC ID: 15566 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-802 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 10, 2019: RESOLVED that the Town Board of the Town of Southold hereby ratifies the Special Event of Cousins Maine Lobster to hold a Special Event 2019-41 at 34515 Main Road, Cutchogue,New York as applied for in Application Pug2a for one (1) event: September 8, from 11:00 AM to 6:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated September 11, 2019 Page 53 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/11/19 Receipt#: 260019 Quantity Transactions Reference Subtotal 1 Event Fee PUG2a $150.00 Total Paid: $150.00 Notes: Payment Type Amount Paid By CK#1105 $150.00 Pugliese, Vineyards Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Pugliese, Vineyards 34515 Rt 25 Po Box 467 Cutchoque, NY 11935 Clerk ID: LYNDAR Internal ID PUG2a � ski F1 y � ° It TOWN OF SOUTHOLD Town Code Chapter 205 "Public Entertainment and Special Events" SPECIAL EVENT PERMIT INSTRUCTIONS AND APPLICATION FORM Applications for a Special Event Permit are subject to an inter-departmental coordinated review by the Southold Town Board,Town Attorney,Town Assessors,Land Preservation,Building,Planning,Zoning Board of Appeals and Police Departments, and the Suffolk County Planning Commission. Application fee: $150.00 per application. Up to six (6) multiple events of the same type, occurring over a period of three months,may be pennitted on one(1) application for a fee of$150.00. However, specific details of each event must be included with this application. All applications must be submitted at least 60 business days before the event. Applicants are encouraged to submit applications as early as possible. Any completed application that is not submitted 60 or more business days prior to the scheduled event may be rejected or subject to a late processing fee of$250.00 by the Office of the Town Clerk, unless a waiver is obtained. Requesting an expedited review must be submitted in writing to the Town Clerk. The Town Clerk will forward all applications to the Special Events Committee for processing. The Committee will obtain comments on all applications from relevant Town, County and/or State agencies and will forward completed applications to the Town Board with a recommendation as to whether to grant or deny the application. The Town reserves the right to request additional information from an applicant to address issues related to the health, safety, and welfare of the community. When is a Permit Required? All Special Events,per Southold Town Code Article I, Section 205-2(Definitions)must obtain a permit. Occasional events on private residential properties hosted by the owner thereof that are by invitation such as family gatherings, weddings, graduations, parties or not-for-profit fundraisers do not require permits. Any use of residential property for profit such as a venue for weddings or other events is prohibited. This application is deemed complete once all the following requirements are submitted to the Town Clerk Please indicate submission of the following by checking off the boxes and signing below. ElA completed application form signed by the owner and the event manager. Applications without property owner's signature/approval will be rejected. FEE: Is the application being submitted at least 60 days before the event[ ] Yes [ ]No If Yes,Fee of$ 150.00 has been submitted El If No,Fee of$ has been submitted Updated 8/7/2018 The applicant/owner of the property where the special event is proposed to take place must provide a certificate of insurance not less than 2 million dollars naming the Town of Southold as an additional insured A Parking/Event Plan: consisting of a survey, site plan and/or aerial view of the subject property that includes the locations of on-site parking, sanitary facilities, and tents or other temporary structure(s). (See application form for details) Events for three hundred (300) or more people require submission and approval of a traffic control plan acceptable to the Town of Southold AND a qualified traffic controller must be provided at the event. (See application form for details) ElSignature of Property Owner on the application authorizing Code Enforcement Personnel of the Town of Southold to enter the subject premises during the hours of the event to ensure compliance with any and all special event permit conditions. My signature below affirms that I have submitted all the information required above in connection with my application. 09/05/2019 _z Dated Signature Activities associated with outdoor public events are strictly prohibited from taking place on land preserved through the sale of development rights to the Town of Southold, and can only take place on land preserved through the sale of development rights to the County of Suffolk with a permit issued by the Suffolk County Farmland Committee. If food is to be served, it must be catered and prepared off-site by food vendors who hold a permit to operate issued by the Suffolk County Bureau of Public Health Food Protection Unit. Updated 8/7/2018 APPLICATION FOR A PERMIT TO HOLD A SPECIAL EVENT Please provide ALL of the information requested below.Incomplete applications WILL NOT be reviewed. Special Event Permit A name: M Y Shahul Hameed # Pp licant(s) Date of Submission 09/05/2019 Name of Event Cousins Maine Lobster at Pugliese Vineyards SCTM#'s 1000-Section Block- Lot(s) Dates of Each Event: 09/08/2019 If Multiple Dates are requested, applicant must give all information for all dates. Nature of Event: Cousins Maine Lobster at Pugliese Vineyards (Please attach a detailed description of EACH event to this application) Time Period(Hours)of Event. From 11 am to 6pm Town Services requested: ( )Yes (X)No If yes,Describe Police Dept._Highway Dept. Describe Services Maximum Number of Persons Attending At One Time: 100 Number of cars expected 20 Is a Tent or other temporary structure being used? [ X]Yes [ ]No If yes provide size(s) Food truck 22x8 ft Will food be served? [X]Yes [ ]No If yes provide number and name(s)of food vendor(s) One Updated 8/7/2018 Suffolk County permit#(s) Will other vendors be on the premises during the event? [ ]Yes [)Q No If yes how many? Describe Type of vendor(s) Property Owner(name/address): Pugliese Vineyards,34515 Main Rd, Cutchogue, NY 11935 Contact Person and Contact Tel.# Penny Pugliese (631) 734-4057 e-mail address pugliesepenny2@yahoo.com Event Location: Street-Hamlet Address: 34515 Main Rd, Cutchogue, NY 11935 CTM Mailing Address to Send Event Permit to: 77 Lexington Avenue, New York, NY 10010 Have any of the development rights been sold to the Town of Southold [ ] Yes [XI No and/or Suffolk County Agricultural Program? [ ] Yes DQ No If yes to either or both also indicate on the attached plan the boundaries of the reserved area upon which the event will take place. YOU MUST ATTACH A PARKING/EVENT PLAN TO THIS APPLICATION IF THE EXPECTED ATTENDANCE IS 300 OR MORE PEOPLE YOU MUST ALSO ATTACH A TRAFFIC CONTROL PLAN (see next page) A Parking/Event Plan may be a survey., site Plan and/or aerial view (for example Google Earth) of the subject property INDICATE ON THE PLAN ALL of the following information: A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure, or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators,exhibitors,vendors, employees and organizers. (5) Location of all entries and exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage,trash,rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in conjunction with the event. Updated 8/7/2018 (14) Location of sanitary facilities on site. Traffic Control Plan Events for three hundred(300)or more people also require submission and approval of a traffic control plan,acceptable to the Town of Southold,AND a qualified traffic controller must be provided.Please attached a written description and/or notate on the parking event plan the following: 1)Who will be conducting traffic, 2)Where they will be stationed on site, 3)How they will direct the entrance, circulation,parking, and exiting of cars on site, and 4)Contact information for use by Southold Town Police. OWNER'S SIGNATURE: I ant the Owner of the Property where this event is to be held and I agree to comply with the laws, rules, regulations, conditions, and requirements of the Code of the Town of Southold, including but not lintited to the conditions listed below, as well as all other applicable agency rules and regulations pertaining to the activities under this event. Furthermore,I hereby swear or affirm that the information contained herein and attachments hereto are trite and correct to the best of►ny knowledge, and agree to provide notice to the Town immediately should there be any material changes regarding to this application. . Furthermore,I hereby authorize Code Enforcement Personnel of the Town of Southold to enter the property during the hours of the permitted special event to make any and all inspections necessary in connection with this Special Event. Print name of Owner Signature of Owner Print naive of Authorized Person/Representative Signature of Authorized Person/Representative PERMISSION IS HEREBY GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. By acceptance of this permit, applicant agrees to adequately supervise and direct all parking to be on the premises or at another site, and to provide parking assistants and any additional traffic controls necessary for this event. Parking is strictly prohibited on ANY Town County or State Roads or Rights of Way. 2. Traffic control at events for three hundred(300) or more people shall be provided by a qualified traffic controller in accordance with the attached,approved traffic control plan. 3. One "on-premises" sign not larger than six (6) square feet in size may be displayed not longer than thirty (30) days before this event, and removed immediately after the event. Directional parking signs shall be adequately displayed. 4. Applicant indemnifies and holds harmless the Town of Southold from all claims, damages, expenses, suits and losses including but not limited to attorney's fees arising from activities under this permit. 5. Tent proposals must receive permit approval from the Southold Town Building Inspector before placement on the property and must meet all fire and safety codes. 6. This permit is valid only for the time, date, place and use specified above, and for the designated event. Each additional day will require a separate permit application, fee, and related documents for review,etc. at least 60 business days prior to the scheduled event. 7. Adequate temporary sanitary facilities must be provided by applicant for this event and applicant agrees to remove the temporary facilities from the premises within 48 hours after the day of the event. Updated 8/7/2018 8. On-site food preparation is NOT permitted, although food may be catered subject to all Suffolk County Department of Health regulations. 9. NO activities associated with this event. including but not limited to parking ingress/egress/access, tents or temporary structured or temporary sanitary facilities shall be conducted on Town of Southold Purchase of Development Rights land. 10. NO activities associated with this event including but not limited to parking ingress/egress/access tent(s) or temporary structure(s), or tempore sanitary facilities shall be conducted on Suffolk County Purchase of Development Rights land without a permit issued by the Suffolk County Farmland Committee, 11. Issuance of this permit does not authorize in any manner the occupancy of any building exceeding the legal limitations under the fire code or other codes which would prohibit such increased occupancy. 12. Access shall be provided for emergency vehicles, to all public assembly areas, all buildings, all work areas and any additional area where emergencies may occur. Two emergency-fire exits and exit paths from the building(s) on the property, to a public way or remote safe area, shall remain open and unobstructed at all times. 13. Owner assures full compliance with all fire, safety,building, and other Town laws. 14. Music,when outdoors, is required to stop at the time specified in the permit. Placement of the speakers must be in a location that affords the greatest protection from noise intrusion upon adjacent properties. 15. Owner will allow access to Code Enforcement Personnel of the Town of Southold during the hours of the special event to stake any and all inspections necessary in connection with this Special Event. 16. ADDITIONAL CONDITIONS: ANY VIOLATIONS IN CONNECTION WITH THE CONDITIONS LISTED HEREIN WILL TERMINATE THIS PERMIT. APPROVED Town of Southold Resolution Number: Date Issued: Updated 8/7/2018 (14) Location of sanitary facilities on site. Trafflg.Control PI J(300)or more people also require submission and approval of a traffic Control Events for three hundred Please plan,acceptable to the Town of Southold,AND d/or notate on the parking event plan the following: 1)Who will be attached a written description an ti on site,3)How they will direct the entrance, conducting traffic.2)Where they will be stationed Contact information for use by Southold Town circulation,parking,and exiting Of cars On site,and 4)Co Police. 1��amdre�Tvner of V0110 P%erty where this event is to be held and I agree to comply with the taws, Cade of the Town of Southold,including but rules,regulations,conditions,and requirements of the CO listed below,as well as all other applicable agency rules and regulations not limited to tile conditions . Fu?thermore,I hereby swear or affirm that the pertaild,tig to the activities under this event ct to the best of my knowledge, information contained herein and attachments hereto are true and corre regarding to the Town immediately should there be any material changes and agree to provide notice to this application,. Personnel of the Town of Southold to enter the Furthermore,I hereby authorize Code Enforcement I to make any and all inspections necessary in property during the hours of the permitted special even connection wirl,this Special Event. hamm of owner d a Print name of Owner Owner I& Signature of Authorized Person/Representative Print name of Authorized Person/Representative PERMISSION 13 IM Y 1. By acceptance of this permit, applicant agrees to adequately supervise and direct all parking to be on rovide parking assistants and any additional traffic controls the premises or at another site, and to p necessary for this event tl on WM 2. Traffic control at events for three hundred(300)or more people shall be provided by a qualified traffic controller in accordance with the attached,approved traffic control plan. 3. One "on-premises" sign not larger than six(6) square feet in size may be displayed not longer than thirty (30) days before this event, and removed immediately after the event. Directional parking signs shall be adequately displayed. 4. Applicant indemnifies and holds harmless the Town of Southold from all claims, damages, expenses, suits and losses including but not limited to attorney's fees arising from activities under this permit. S. Tent proposals must receive permit approval from the Southold Town Building Inspector before placement on the property and must meet all fire and safety codes. 6. This permit is valid only for the time, date, place and use specified above, and for tile designatcd event. Each additional day will require a separate permit application, fee, and related documents for review,etc.at IQ the &dWeel event. 7. Adequate temporary sanitary facilities must be provided by applicant for this event and applic.axit. agrees to remove the temporary facilities from the premises within 48 bouts after the dav Of the event. Ut)daU, Event Description Cousins Maine Lobster at Pugliese Vineyards On September 08, 2019 Cousins Maine Lobster food truck will park in an allotted space on the Pugliese Vineyards property from 11am to 6pm.The purpose is to vend food to Pugliese's visitors. No additional guests aside from these visitors are expected, thus the approximation for number of attendees at one given time is around 100. ATE ��®® CERTIFICATE OF LIABILITY INSURANCE D09/03I2019Y) 09/03/2019 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). CONTACT Jacll n Scurtl PRODUCER Gaspar Insurance Services, Inc. NAME y FAX PHONE 818.3023060 (AIC,No• 818.436.6122 23161 Ventura Blvd.Suite 100 ('C.IL Ext . Woodland Hills,CA 91364 AooRESS• jacilyn.scurti@gasparinsurance.com License#: OG66626 INSURERS AFFORDING COVERAGE NAIC# INSURERA Technology Insurance Company INSURED INSURER Wesco Insurance Company Cousins Maine Lobster SO Connecticut&New York Truck Inc INSURER C: Chubb DBA Cousins Maine Lobster 280 Park Avenue S#12A INSURER D New York,NY 10010 INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 98 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 CONTRACTOR 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 FN_SR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MMIDD A X COMMERCIAL GENERAL LIABILITY TPP1061030 09/07/2018 10/10/2020 EACH OCCUGE TORRENCE $ 1,000,000 CLAIMS-MADE FRJ OCCUR PREMISES Ea occurrence S 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY[:] OTHER COMBINED SINGLE LIMIT $ 1,000,000 B AUTOMOBILE LIABILITY WPP1628089 09/07/2018 10/10/2020 Ea accident BODILY INJURY(Per person) S ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS PROPERTY DAMAGE $ HIRED NON-OWNED Per accident X AUTOS ONLY X AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS-MADE DED RETENTIONS G. WORKERS COMPENSATION (19)7177-07-02 10/04/2018 10/10/2020 7ELDIS TUTE ERH AND EMPLOYERS'LIABILITY Y/N H ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A OFFICER/MEMBER EXCLUDED? EASE-EA EMPLOYE $ 1,000,000 (Mandatory in NH) 1,000,000 OOO If yes,describe under EASE-POLICY LIMIT $ , , DESCRIPTION OF OPERATIONS below _E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Policy includes Blanket Additional Insured- Town of Southhold,NY and Pugliese Vineyards are included as additional insured with respects to General Liability arising out of the activities of the insured at 09/08/2019 event. Date:September 08,2019 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Southhold, NY THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Pugliese Vineyards AUTHORIZED REPRESENT IPjVE 34515 Main Rd, Cutchogue, NY 2t9:_�(JXJ'rlSG�7\�1193588-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORDPrintedby JMS on July 25,2019 at 02 19PM POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 33-0729NY 08 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY COVERAGE EXPANSION ENDORSEMENT - NEW YORK (NON-CONTRACTORS), This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART—CG 00 01 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Additional Premium $ SECTION I —COVERAGES COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions g. Aircraft,Auto Or Watercraft Paragraph (2) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. j. Damage To Property Paragraph (2) is not applicable. (2) This paragraph is deleted. Paragraph (4) replaced with the following: (4) Personal property in the care, custody or control of the insured which exceeds $50,000 regardless of the number of: (a) Insureds (b) Claims made; or (c) Persons or organizations making"claims The most we will pay under this coverage is $50,000. Our duty to pay and defend ends under this coverage when the coverage limit has been exhausted. n. Recall Of Products,Work Or Impaired Property Replace with the following: Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 33-0729NY 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 Used with permission (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". This insurance does not apply to"Product Recall Expense" arising out of or resulting from: a. Any product withdrawal initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause"bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering" (4) Expiration of the designated shelf life of"your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Form or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY by endorsement. d. Recall of"your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". f. COVERAGE A does not apply to 'product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. We will not pay more than $100,000 annually for "product recall expense" incurred from all "Covered Recall" events covered during this policy term. Replace the following paragraph- Exclusion c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits Of Insurance. COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions Paragraph e. Contractual Liability is amended as follows: e. Contractual Liability This paragraph is deleted. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0729NY 08 14 Used with permission COVERAGE C—MEDICAL PAYMENTS Paragraph 1.a. (3)(b) under SECTION I—COVERAGE C—MEDICAL PAYMENTS is replaced with the following: (b) The expenses are incurred and reported to us within two years of the date of the accident; However, expenses reported to us after two years of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights; and SUPPLEMENTARY PAYMENTS —COVERAGES A AND B Paragraph 1.b. and 1.d. under SECTION I -SUPPLEMENTARY PAYMENTS —COVERAGE A AND B is replaced with the following- b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $300 a day because of time off from work. SECTION II —WHO IS AN INSURED Paragraph 3.a. is amended as follows: a. Coverage under this provision is afforded only until the 180`h day after you acquire or form the organization or the end of the policy period,whichever is earlier. However, provision a. above does not apply if the newly formed or acquired organization is excluded by either a provision of the Coverage Form or by endorsement. The following is added under SECTION II—WHO IS AN INSURED:. 4. Organization over which you maintain ownership of more than 50% will be a Named Insured if there is no other similar insurance available to that organization; however a. COVERAGE A. does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed the organization; and b. COVERAGE B. does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. If such organizations are not shown in the DECLARATIONS, you must report them to us within 180 days of inception date of the policy, unless it can be shown not to be reasonably possible to give such notice. In such instances, notice will be given as soon as reasonably possible thereafter. 5. Any person or organization with whom you agreed, because of written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that .the vendor would have in the absence of the contract or agreement; b. Any express representation unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; 33-0729NY 08 14 Includes copyrighted material of Insurance Services Office, Inc , Page 3 of 6 Used with permission I I f. Demonstration, installation, servicing or repair operations, except such operations performed 4 the vendors premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into accompanying or containing such products. 6. Any person or organization to whom you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to liability arising out of the maintenance or use of that part of any premises leased to you, including common or public areas about such premises if so required in the contract. However, no such person or organization is an insured with respect to: a. Any"occurrence"that takes place after you cease to occupy those premises; or b. Structural alterations, new construction or demolition operations performed by or on behalf of such insured. 7. Any person or organization granting a license to make, or distribute "your products" including "your products" which use the name or logo of grantor and to whom you are obligated by virtue of the written contract to provide insurance such as afforded by this policy, but only with respect to liability arising out of"your products". SECTION III — LIMITS OF INSURANCE The following is added to Paragraph 2. of SECTION III—LIMITS OF INSURANCE: d. The General Aggregate Limit applies separately to each of your"locations". For the purpose of this provision only, "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is replaced by a "Specific Perils" Limit which is the greater of: a. $300,000; or b. The amount shown in the DECLARATIONS for Damage To Premises Rented To You Limit. The "Specific Perils" limit is the most we will pay under COVERAGE A for damages because of "property damage'to any one premises, while rented to you or temporarily occupied by you with permission of the owner. However, provisions a. and b. above do not apply if any reference in the DECLARATIONS for Damage to Premises Rented to You is deleted from this policy either by the provisions of the Coverage Form or by endorsement. The following is added under SECTION III—LIMITS OF INSURANCE: 7. Product Recall Expense $100,000 is the most we will pay for all"product recall expenses" arising out of the same defect or deficiency. 8. Professional Services Subject to provisions in SECTION I — COVERAGES - COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY — 2. Exclusions r. and COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY—2. Exclusions q.the most we will pay for Professional Services is$50,000 each annual period. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0729NY 08 14 Used with permission SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Replace paragraph 2.a. with the following: a. You must see to it we are notified as soon as practicable of an "occurrence" or an offense, which may result in a claim. Knowledge of an "occurrence" or an offense by your"employees" shall not, in itself, constitute knowledge to you unless any one of your partners, "executive officers", directors or insurance managers shall have actually received notice. To the extent possible, notice should include: (1) How, when and where the "occurrence"took place; (2) The names and addresses of any injured persons and witnesses; and, (3) The nature and location of any injury or damage arising out of the"occurrence" or offense. The following is added to paragraph 2. under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: f. Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or"suit", solely due to your reasonable and documented belief that the "bodily injury' or"property damage" is not covered under this policy. g. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in"product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product" and the reason for withdrawal or recall. (2) Cease any further release, shipment, consignment or any other method or distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. 4. Other Insurance The following is added to Other Insurance and supersedes any provision to the contrary with respects to the Commercial General Liability Coverage Part and Products/Completed Operations Liability Coverage Part. d. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured is a Named Insured under such other insurance; and (ii)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2013 REVISION 6. Representations Replace with the following: By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any knowledge of an error or omission in the description of, or failure to completely describe any premises or operations intended to be covered by the Coverage Form will not invalidate or affect coverage for these premises or operations. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right to cancellation or non-renewal. 33-0729NY 08 14 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 Used with permission 8. Transfer Of Rights Of Recovery Against Others To Us Replace with the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. However, if the insured has waived those rights to recover through a written contract or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right to recovery we may have under this Coverage Form. SECTION V— DEFINITIONS Paragraph 3. of SECTION V—DEFINITIONS is replaced with the following: 3. "Bodily Injury" means injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death resulting from "bodily injury', sickness or disease. The following definitions are added: 23. "Covered recall," means: a. A product recall made necessary because you determine that the product recall is necessary; or b. An authorized government entity has ordered you to conduct a product recall. 24. "Product recall expense" means necessary and reasonable expenses for. a. Costs of notification; b. Costs of stationery, envelopes, production of announcements and postage or facsimiles; c. Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; d. Costs of computer time; e. Costs of hiring independent contractors and other temporary employees; f. Costs of transportation, shipping or packaging g. Costs of warehouse or storage space; or h. Costs of proper disposal of"your products", or products that contain "your products", that can not be reused, not exceeding your purchase price or your cost to produce the products; 25. "Specific Peril' means fire, lightning; explosion or leakage from fire sprinkler extinguishing equipment. 26. "Professional services" means: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., 33-0729NY 08 14 Used with permission