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HomeMy WebLinkAboutSHEA HOMES LIMITED PARTNERSHIPINSU13ANCE NOT REQUIRED WORK MAY PROCEED CLERK Of COUNCIL rT� NaY 1 A 0 ?,it �A �,�RECOR REQUESTED BY: WHEN RECORDED RETURN TO: Shea Homes Limited Partnership 2 Ada, Suite 2.00 Irvine, CA 92618 Attn: Ms. Gina Gordon L C. k -,--r MAINTENANCE AGREEMENT FOR ARTISAN PUBLIC RIGHT-OF-WAY /67iZI3I+� THIS MAINTENANCE AGREEMENT FOR ARTISAN PUBLIC RIGHT-OF-WAY ("Agreement") is made and entered into as of , 201, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Developer'), and CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City'}. Developer and the City may collectively be referred to herein as the "Party" or the "Parties." RECITALS: A. Developer is the owner of certain real property located in the City of Santa Ana, County of Orange, State of California, more particularly described as Lots 1 through 42 inclusive and Lots A through E inclusive of Tract Map Number 18055, as shown on a subdivision map filed in Book , Pages _ through _, of Miscellaneous Maps, Records of Orange County, California incorporated herein by reference (the "Developer Property'} Developer intends to develop the Developer Property as part of a residential community to be commonly known as "Artisan." B. City and Developer wish to establish maintenance obligations and to establish certain rights incidental to the public right-of-way ("ROR") near portions of the Developer Property as shown on Exhibit "A," attached hereto and incorporated herein. C. Developer intends to form a non-profit mutual benefit corporation homeowner's association to own the Developer Property and to perform Developer's obligations pursuant to this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Maintenance Obligations of ROW. SNUM485365450.6 4- A. Developer Responsibility. "Maintenance Area" means the private street entrance decorative pavement, parkway and sidewalk within the ROW which are generally depicted on Exhibit "A," attached hereto and incorporated herein. The "Maintenance Area Improvements" means decorative pavement, parkway, parkway landscape, sidewalk, street trees, street tree wells, irrigation improvements and storm drain improvements within the Maintenance Area. Developer shall perform the following with respect to the Maintenance Area and Maintenance Area Improvements: (i) Keep the Maintenance Area reasonably free of plant and landscape debris. (ii) Repair damage to the Maintenance Area due to the elements of ordinary wear. (iii) Maintain and replace the street trees and parkway landscape within the Maintenance Area. Maintenance shall include, without limitation, watering, fertilization, mowing, edging, trimming of grass, tree and shrub pruning as needed and as requested by the City, and shaping of trees and shrubs to maintain a healthy, natural appearance, safe street conditions and visibility, replacement, as needed, of all dead plant materials, control of weeds and double staking for support of trees. Maintenance Area at all times shall be landscaped and have street trees. Street trees must be approved by the City. (iv) Weed abatement. All fertilizers, pesticides, and other materials shall be applied in accordance with all applicable laws, ordinances and regulations pertaining to the use and application of such substances. (v) Maintain the decorative pavement in a safe and walkable condition. B. City Responsibility. The City shall maintain the curb and gutter, curb ramp and street lights in a good condition of maintenance and repair and shall perform all necessary graffiti removal within the ROW. 2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Maintenance Area and Maintenance Area Improvements until such time as the City, in its sole and absolute discretion, elects to maintain such area at which time the applicable area shall no longer constitute a part of the Maintenance Area. In such event, the City shall provide a notice of termination of the Maintenance Areas in writing to Developer. 3. Use of ROW. The ROW shall be accessible by the general public. Except for work to be performed pursuant to this Agreement, Developer shall not perform any improvement work or similar activity within the ROW unless it has first been approved by the City. 4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Maintenance Areas and/or the Maintenance Area Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Maintenance Areas or Maintenance Area Improvements ("Defects Notice'. SMR}1:485365450.6 -2- The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days after Developer's actual receipt of the Defects Notice. If the City determines a hazardous situation exists which must be remedied immediately ("emergency situation'% then the City will provide written notice to Developer specifying the emergency situation must be remedied within twenty-four (24) hours or such other time as may be mutually agreed upon by the Parties. If after notice from the City Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice.. City or its assignees shall have the right of access, ingress and egress upon and across the Maintenance Areas as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer's contractors, or other third party maintenance company to complete the remedial work. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement. 5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by Developer and reasonably acceptable to City), and hold City, its officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys' and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation or maintenance activities by Developer or its contractors or agents in the Maintenance Area. 6. Assignment. Developer shall have the right, upon written notice to the City, to assign all of Developer's rights and obligations set forth in this Agreement to a homeowners association ("Association's formed to manage the residential project to be constructed on the Developer Property. Developer hereby covenants and warrants for itself, and for its successors and assigns, that any deed or other instrument conveying fee title to any portion of the Developer Property to the Association shall expressly state and require that the Association assume all of the Developer's obligations under this Agreement. Upon recording the Declaration of Covenants, Conditions and Restrictions for Developer Property, and after assigning Developer's rights and obligations under this Agreement to the Association, the Association shall have all rights and obligations of Developer set forth in this Agreement, and Developer shall thereafter have no further rights, liabilities or obligations under this Agreement and shall be automatically released from all liability under this Agreement. The written notice of the assignment to the Association of the Developer's rights and obligations under this Agreement shall contain SNaH:485365450.6 -3- appropriate contact information for the Association, including, without limitation, the Association's property manager's name, telephone number, address, the effective date of the assignment of the Developer's rights and obligations to the Association, and a recorded copy of this deed or instrument assigning the Developer's rights and obligations to the Association. 7. Insurance. Prior to undertaking performance of any work under this Agreement, the Developer, its successors and assigns, shall maintain and shall require its subcontractors, if any, to obtain and maintain commercial general liability insurance naming AGENCY, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death, resulting therefrom and damage to property, resulting from any act or occurrence arising out of the Developer, its successors and assigns, operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall not be less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. To the extent broader coverage and/or higher limits than the minimum required are obtained, the requirements of this Section 7 shall apply to such insurance policy. Such insurance, or shall (a) name AGENCY, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by AGENCY; and (c) contain standard separation of insureds provisions. 8. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. 9. Affected and Benefited Land. The land ("Affected Land") affected by the covenants contained in this Agreement is the Developer Property and the ROW. The land ("Benefited Land's benefited by the covenants contained in this Agreement is the Developer Property and the ROW. 10. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party: If to Developer: Shea Homes Limited Partnership 2 Ada, Suite 200 Irvine, CA 92618 Attn: Ms. Gina Gordon SMRH:485365450.6 -4- If to City: City of Santa Ana Executive Director of Public Works Agency 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 11. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property. 12. Headings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement. 13. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. SMRH:485365450.6 -5- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. 0111/131 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership "Developer" 440 - :CITY OF SANTA ANA, a charter city and municipal ' , ,corporation organized and existing under the Constitution and laws of the State -of CaAfornia By: C-71/1 Name: Maria D. Huizar 17 Title: Clerk of the Council "City" APPROVED AS TO FORINT: SONIA R. CARVALHO City Attorney By: R- �`— John unk Assistant City Attorney 1:7DE1II)1Yf ll�1 1 _ I Edwin "William" Galvez Acting Executive Director Public Works Agency SiMM:485365450.6 -6- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , —:\ k'd before me,�n; Qc cwt ,cN) a Notary Public, personally appeared' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public SMRH:485365450.6 -7- BONNIE MACEWAN•CAMPBELL Commission # 2065922 z •'- Notary Public - California z Orange County M Comm. Expires May 24, 2018 (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF X On o-; \ \�, before me ��Xjs�,�,�1 tc c�_.x ,� _N ��X� a Notary Public, persona ly appeared p�� "laen ��� who prove to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public SMM:485365450.6 -8- BONNIE MACEWAN-CAMPBELL Commisslon # 2065922 i Notary Public - California z Orange County M Comm. Expires Ma 24, 2016 (SEAL) EXHIBIT "A" MAINTENANCE AREA [See Attached] SMRH:485365450.6 EXHIBIT "A" r. \rru�acrs \wa \wo \cxnrvns\ortc \ua—w( Ul r N 5'c O J `.r ,, .?r y munrtanmme nrea.awg (ynyzma c:ui M) MORO Dy' LOOM W JAGUAR WAY w c ' m I f w li� r I ® N I N SMRH:485365450.6 EXHIBIT "A" DATE IMM/DO/TlYYI _ CERTIFICATE OF LIABILITY INSURANCE 12/20/2017 TEAS 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, EXTE,VD OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST17U'TE A CONTRACTBETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE L OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 CA LIC #OD28784 CONTACT Linda Hetherington Orion Risk Management Insurance Services Inc PHONE 949.608.4920 FAx 949.263 8860 1800 Quail St Suite 110 MAIL Ihetherington@Orion risk, corn INSURER(S) AFFORDING COVERAGE NAICN INewport Beach, CA 92660 INSURER A; Liberty Mutual Fire Insurance TB2661066115027 _^! _ INSURED INSURER a: DAMAGES RENTED PREMISESaNTED ce $1,000,00 Shea Homes Limited Partnership 655 Brea Canyon Road Walnut, CA 91789 NsuREac: NsuRER D; INSURER E: PERSONAL&AOVINJURY $3,000,00 INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 WJF Shea Std REVISION NUMBER: 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. msR LTO TYPE OF INSURANCE ADDL INCH BUSH WYG POLICY NUMBER POLICY EFF MMIDD(YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS.MADF X( OCCUR TB2661066115027 08/01/2017 08/01/2018 EACH OCCURRENCE $3,000,00 DAMAGES RENTED PREMISESaNTED ce $1,000,00 MED EXP �An o Exclude PERSONAL&AOVINJURY $3,000,00 $`6,00D OD GENERAL AGGREGATE W GENERAL AGGREGATE LIMIT APPLIES PER: RO POLICY 0 .IPECT 0 LOC PRODUCTS-0OMFLOP AGO $6,000,001)) OTHER AUTOMODILE LIARILRY AS2661066115017 08/01/2017 08/01/2018 CONecNa O191NGLE LIMIT $2,000,00 ANY AUTO SGDILYINJURY(PB„pe,a..) A 1x ALL OWNED SCHEDULED AUTOS AUTOS BOOILYINJURYIParaccvN.Q NON -OWNED HIRED AUTOS AUTOS — PROPERTY DAMAGE Per occltlenl i UMBRELLA LDD OCCUR EACH OCCURRENCE E%CE99IJA. CUIMS.MAUE AGGREGATE QDED aErervTloN'r A WORKERS COMPENSATION AMIDEMPLOYERS LIABILITY YIN oFFlcewMelmeFalxc�oo oXEcunve (MantleWryin NH) Il yec, Jeswbe antler MIA INA266D066115C37 08/0'1/2017 08/01I2018 PER OTH X STATUTE ER E.L. EALH ACCIDENT $1,000,00 E.L. DISEASE -EA EMPLOYEE $1,000,00 DESCRIPTION OF OPERATIONS Ilial. _T E.L DISEASE -POLICY LIYf $1,000,004 DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES IACONO 101, Addltloncl Remarks Schedule, may do aHached home fpece Ie,mmlrotll Re: Encroachment permit - As respects general liability: City of Santa Ana, its offixers, employees, agents, volunteers and respresentatives are included as additional insured per terms of the attached endorsements. This insurtance is primary and any insurance of the additional insureds is non-contributory. 30 days notice of cancellation except 10 days for non-payment per attached endorsement. I V' CERTIFICATE HOLDER_ QACIX City Of Santa Ana • M3 t,-~ C/y' �l nl (�,L'? �SHOU6b ANY -OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE { J wJ 20 CIVIC Center Plaza= EXPIRATION S�,T,�„THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH __'THE1FrSC1E�PROVISIDNS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Trisha Engelhart ©'1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TB2.66,1-066115-027 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no even to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. rz.ul' Page 2 of 2 © ISO Properties, Inc., 2012 CG 2010 0413 POLICY NUMBER: TB2-661-0661'15-027 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations Any person or organization whom you have agreed in writing to add as an additionalinsured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided In this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law•, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 113 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section 9111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 04 13 Policy Number 'I'II2-661-066115-027 Issued by LJHERTY NIUTUAL FIRE INSURANCE CONIPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: Per schedule on file with the broker on record 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: TB2-661-066115-027 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 moll 1; . k 10 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance: and (2) 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. CG 20 01 04,13 © Insurance Services Office, Inc., 2012 Page 1 of 1