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HomeMy WebLinkAboutEAST END REALITY PARTNERS, LP.a��'S�RANCr "iO f I-QUIRED N-2020-218 WORK MAY PROCEED `^ C' ` "�' Cf COUNCIL to �2/Zl��p coo (wAs RIGHT OF ENTRY AND LICENSE AGREEMENT This Right of Entry and License Agreement ("Agreement") is made and entered into as of this 10'h day of December 2020, by and between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California ("City"), and EAST END REALTY PARTNERS, LP, a California limited partnership ("Licensee"). RECITALS A. The City is the owner of certain real property in the form of a parking structure located at 300 East Fifth Street, Santa Ana, CA 92701 ("Property"). B. Licensee, owners of several properties in the downtown area, including the 4th Street Market, is in the process of developing apartments on the second floor, which will have balconies that face the Property. Accordingly, Licensee approached the City with a request to enter onto the Property owned by the City to paint the exterior parking structure wall to provide for better aesthetics for visitors in Downtown Santa Ana. Licensee will pay for the scope of work and maintain the paint as needed ("Project"). C. The City wishes to grant Licensee a right of entry and license to design, paint and maintain the Project on the Property on a non-exclusive basis upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, City and Licensee do hereby agree as follows: 1. Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right and license to enter upon the Property to design, paint, and maintain the Project, and for no other purposes without the prior written approval of the City. The Project shall include painting and repair work on the exterior wall at the WEST parking structure (alleyway between Fourth & Fifth and French & Spurgeon), as well as the interior wall at the entrance of the WEST parking structure, pursuant to the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property. Upon termination of this Agreement, any improvements completed by Licensee on the Property shall be the property of the fee title owner of the Property. 2. Term. This Agreement shall commence on the Effective Date and terminate after one (1) year, unless an extension or renewal is granted by City. Notwithstanding the foregoing or any other provision of this Agreement, either City or Licensee may terminate this Agreement with or without cause, or for any reason, at any time, by giving the other party written notice of termination at the address provided herein. 2.1. Surrender of Possession. At the expiration or termination of this Agreement, whether with or without cause, Licensee shall promptly quit and surrender the Property in a good state of repair. 2.2 Waiver of Liability on Termination. Licensee hereby waives all damages or claims for damage that may be caused by any action of City in terminating this Agreement, whether with or without cause, or taking possession of the Property as provided in this Agreement or at law, and Licensee waives all claims for damages to or loss of such property of Licensee as may be in or upon the Property upon the termination of this Agreement. 3. Compensation. The parties hereto agree that the Licensee shall be authorized to use the Property to complete the Project at no cost. Licensee will pay for the scope of work and maintenance of the Project as needed. City will not be responsible for making any payments to Licensee or any other entity with respect to the Project. The parties agree that the benefit that will accrue to the citizens of Santa Ana through the Project is commensurate with the value of Licensee for the use of the Property. 4. General Provisions. By execution of this Agreement, Licensee agrees for itself and on the behalf of all Licensee Parties as follows: 4.1. Licensee, together with its employees, agents, representatives, and all persons entering the Property, by, through, or at the direction or invitation of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for causing the Licensee Parties to comply with the terms of this Agreement. 4.2. All acts and things done by Licensee on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws, ordinances, and regulations, and permits. Licensee shall obtain any and all governmental permits, approvals, licenses or other authorizations that may be required in connection with the use of the Property as set forth in this Agreement. No approval or consent given under this Agreement by City shall affect or limit Licensee's obligations hereunder, nor shall any approvals or consents given by City, in its capacity as a party to this Agreement, be deemed to be approval as to compliance or conformance with any applicable governmental codes, laws, orders, rules or regulations. 4.3. Licensee agrees and acknowledges that nothing herein is intended, nor shall it be interpreted, as to bind the City to issue or grant any permits or entitlements needed to perform the work specified in this Agreement. 4.4. That Licensee will not maintain, commit or permit the maintenance or commission of any dangerous condition or waste or any nuisance (as defined in California Civil Code §3479) to be created on the Property, and Licensee shall not use or permit the use of the Property for any unlawful purpose. 4.5. Licensee shall enter the Property entirely at its own cost, risk and expense. City makes no representation or warranty of any kind as to the condition of the Property or any other matter relating to Licensee's use of the Property. Licensee hereby disclaims and 2 waives any and all objections to the physical and other characteristics and conditions of the Property. Licensee acknowledges and agrees that the use of the Property will be on the basis of Licensee's own investigation of the condition of the Property. The license to use the Property shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the Property shall be subject to the Property being in a usable and safe condition at the time of Licensee's use, and Licensee shall be responsible for determining whether the Property is in such condition. In connection therewith, in the event that the Property or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the Property usable or safe. 4.6. Licensee shall not permit any mechanics', materialmen's or other liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection with this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action orjudgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as applicable, by Licensee upon written demand. 4.7. Licensee shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. 4.8. Licensee shall take all necessary precautions to prevent the import and/or release into the environment of any "hazardous material," "hazardous waste" or "hazardous chemicals" as those terms are used in CCRCLA (42 U.S.C. § 9601(14)) or SARA (42 U.S.C. § 110211(e)) or any similar Federal, State, or local law, statute, ordinance, regulation or order, which are imported to, in, on or under the Property during this right of entry. If such hazardous materials are imported onto the Property, Licensee shall be solely responsible for removing such imported hazardous materials in conformance with all governmental requirements. Licensee shall report to City, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3 4.9. Licensee shall be solely responsible for obtaining all utility service and for the payment of all utility charges, including but not limited to water and power, supplied to the Property that is necessary for the purpose of carrying out the Project. 4.10. Licensee shall, during the term of this Agreement and at Licensee's cost and expense, keep the Property, and every part thereof, in good order, condition and repair. 4.11. Licensee hereby acknowledges the title of City in and to the Property, including the real property fixtures and improvements existing or erected thereon, and Licensee hereby covenants and promises never to assail, contest or resist City's title to the Property. 4.12. Licensee acknowledges that City makes no representation or warranty, express or implied, regarding the security of the Property or the need for or propriety of any security measures at the Property; and Licensee further acknowledges that City shall have no obligation whatsoever to provide guard service or any other security measures. Licensee expressly assumes all responsibility for the protection and security of the Property, Licensee, Licensee's designees and property within the Property from any and all acts of any third party. 4.13. City or its authorized representatives shall have the right at all reasonable times to enter upon the Property and inspect the general condition of the Property to determine if Licensee is complying with the terms, conditions, requirements and provisions of this Agreement. City shall at all times retain the right to raise issues or concerns with Licensee regarding the fitness of the Property for the Project, order the Licensee to cease use of the Property, in the City's sole discretion, until Licensee has sufficiently addressed the issues or concerns to the City's satisfaction, or to take such other actions as deemed reasonably necessary to ensure the safety of any persons entering the Property. 5. Legal Relations and Responsibilities. City and Licensee understand and agree that the only relationship between them created by this Agreement is that of Licensor and Licensee, and that this Agreement does not create, and shall not be construed to create, any agency, partnership, joint venture, landlord -tenant or other relationship between City and Licensee. 5.1. No Obligation to Third Parties. Execution and issuance of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than City and Licensee. 6. Insurance. Prior to undertaking performance of work under this Agreement, Licensee shall maintain and shall require all contractors performing improvement work at the Property, to obtain and maintain insurance as described below: 6.1. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance naming the City of Santa Ana and their 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 Licensee's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not 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 $1,000,000.00 per occurrence. Licensee shall supply City with a fully executed additional insured endorsement upon execution of this Agreement and shall be approved in form by the City Legal Counsel. 6.2. Worker's Compensation Insurance as required by California law. 6.3. Comprehensive Automobile Liability Coverage, including as applicable owned, non -owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 6.4. Professional Liability (errors and omissions) Insurance, with a combined single limit of not less than $1,000,000 per claim, as applicable. 6.5. The following requirements apply to the insurance to be provided by Licensee pursuant to this section: i. Licensee shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City and Licensee upon execution of this Agreement and shall be approved in form by Licensee and by the City Legal Counsel. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6.6. City reserves the right, throughout the Term of this Agreement, to review and change the amount and type of insurance coverage it requires in connection with this Agreement. 6.7. If Licensee fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at its election, to forthwith terminate this Agreement. 7. Work on Project. Licensee shall provide all necessary construction, maintenance, reconstruction, installation, restoration, alteration, repair, replacement or removal ("Work") for the Project on the Property. Prior to commencement of Work, Licensee shall submit work plans and specifications ("Plans") to City for review. Any such Work must be carried out pursuant to Plans approved in writing by City. All Work performed or caused to be performed by Licensee on the Property shall be performed: (a) at Licensee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including State Labor Code Prevailing Wage Laws and Public Contract Code, as applicable); and, (c) in a manner which: (i) meets or exceeds the then applicable standards of the industry for such Work; and, (ii) is satisfactory to City. Licensee shall contract with a qualified painter ("Contractor"). Contractor shall be responsible for security, maintenance, and cleanliness of the Property during Work. City shall at all times retain the right to stop Work, order the Contractor off of the Property, or to take such other actions as deemed reasonably necessary to ensure the safety of workers or equipment. 7.1. Completion of Work. Licensee agrees to commence the Work provided herein immediately upon City issuance of any and all required approvals and permits, and to continue in a due and diligent, workmanlike manner, without interruption. The Project shall be deemed complete when Licensee delivers a certificate to City stating that, to the best of the Licensee's knowledge based upon the representation of contractors, subcontractors, architects, engineers, vendors or other consultants, the Project has been completed. The Licensee shall certify to City that the Project is complete and in substantial conformity with the Plans as approved by City. Unless otherwise requested by City, upon completion of any Work, Licensee shall restore the surrounding Property to its condition immediately preceding the commencement of such Work. 7.2. Ownership of Improvements. All improvements constructed or placed on or within the Property by Licensee, including, but not limited to, electrical and other utilities, listed or not, shall, upon the completion of Work, installation or placement within the Property, be free and clear of all liens, claims and liability for payment for labor and material and shall be owned by and considered the property of the City. 8. Maintenance and Repair of Project. Licensee, at Licensee's sole expense, shall maintain, repair and renew the Project in a condition satisfactory to City, and shall perform all maintenance and clean-up of the Property as necessary to keep the Property in good order and condition, subject to City's prior approval and satisfaction, and in accordance with applicable City codes. Licensee's responsibility and obligation to maintain and repair the paint on the subject Property shall survive the expiration or termination of this Agreement. 8.1. Licensee's Default. In the event that Licensee fails, neglects or refuses to maintain or make repairs or replacements as required by this Agreement, City shall notify Licensee in writing of such failure or refusal. In the event City determines in its sole discretion that such repairs or replacements are necessary for the health and safety of persons on the Property, any and all use of the Property shall cease until such repairs or replacements are completed to the satisfaction of City. Should Licensee fail or refuse to correct such default within ten (10) days of receipt of such written notice from City, City may, but shall not be required to, itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment and procurement of insurance, plus an administrative fee in the amount of fifteen percent (15%) of the sum of such costs, shall be paid by Licensee to City within ten (10) days of Licensee's receipt of a statement of such costs from City. Any such maintenance, repair or replacement by or on behalf of City shall not be deemed to be a waiver of Licensee's default under this Agreement, and shall not in any way impair, prevent or restrict City from exercising any of its rights or remedies set forth in this Agreement or otherwise provided at law. 6 9. Indemnification, Defense, Hold Harmless. 9.1. Completion of Project. Licensee agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Licensee, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the use of the Property described in this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. 9.2. Validity of Agreement. Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 10. Miscellaneous. 10.1. Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 10.2. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 10.3. No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 10.4. Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. Venue shall be in the County of Orange. 7 10.5. Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. 10.6. Disputes. In the event that any action is commenced by a party to this Agreement against the other to enforce its rights or obligations arising from this Agreement or seeking to interpret this Agreement, the prevailing party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, plus reasonable attorneys' fees. 10.7. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.8. Non -Liability of Public Officials. No officer, employee, member, agent or representative of the City shall be personally liable to Licensee, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Licensee or its successor, or for any breach of any obligation of the terms of this Agreement. 10.9. Effective Date. This Agreement shall become effective on the date of City's execution of this Agreement. 10.10. Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensee: Ryan Chase President East End Realty Partner, LP 129 West Wilson Street, Suite 100 Costa Mesa, CA 92627 If to Licensor: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 10.11. Headings. The titles and headings of sections and paragraphs of this Agreement, as herein set forth, have been inserted for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Agreement, or to control, limit or modify any of the terms, covenants or conditions hereof. 10.12. Time of Essence. Time is of the essence of this Agreement. Failure to comply with any requirement, including, but not limited to, any time requirement, of this Agreement shall constitute a material breach of this Agreement. 10.13. Construction. This Agreement shall be construed, interpreted, governed and enforced in all respects as if drafted by both City and Licensee. 10.14. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 10.15. Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. {Signatures on following page} N-2020-218 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: XR;isy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. city?ptti By:_ Ryan RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager EASST" END REALTY PARTNERS, LP Ryan Chase, President of East End Realty Partners GP, General Partner 10 Scope of Work Paint on Parking Structure Walls Request • Property owner of 4th Street Market is in the process of developing apartments on the second floor, which will have balconies that face the parking structure wall. Property owner is interested in painting the exterior parking structure wall to provide for better aesthetics for visitors in Downtown Santa Ana. Property owner will pay for the scope of work and maintain the paint as needed. Point of Contact • Jeff Beddow, (949) 874-6300; jeff.saproperties@gmail.com Location • City of Santa Ana Parking Structure, 300 E. 51h Street, Santa Ana, CA 92701 o Exterior Wall at the EAST parking structure. Exterior wall in the alley way between 41h & 5fh and French & Spurgeon; and o Interior Wall at the entrance of the West parking structure. Interior wall at the entrance. Work to be Conducted • Exterior Wall at the WEST parking structure. Exterior wall in the alleyway between 4rh & 5th and French & Spurgeon: o minor spalling repair, crack fill, primer o repaint with light blue paint and white clouds. • Interior Wall at the entrance of the WEST parking structure: o minor spalling repair, crack fill, primer o repaint with colored geometric shapes. Timeframe • 1-2 weeks to complete the work between November 1-30, 2020 • General Contractor to advise City staff of begin date with at least one - week advance notice. Exterior Wall at the WEST parking structure Francine R. Villareal WID-l:;n.ea eyn<�<m<a. Nis: Ma.P. 6se2s orW A� of CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDON"Y) B/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company CONTACT NAME: Risk Strategies Com an 2040 Main Street, Suite 450 Irvine, CA 92614 PHONE 949-242-924o a N.: EMIIL MANO ADD Ess: s oun risk-strate ies.com INSURERS AFFORDING COVERAGE NAICN www.risk-slrategies.eom CA DOI License No. OF06675 INSURER A: Som o America Insurance Company 11126 INSURED East End Realty Partners, LP Fourth Street Market INSURER B: Fireman's Fund Insurance Company 21873 INSURER C; Oak River Insurance Company 34630 INSURER D: P.O. Box 10728 Costa Mesa CA 92627 INSURER E: INSURER F : 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. ILTR TYPE OF INSURANCE ADDL san POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD LIMITS A ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ✓ CPLS1033HO 3/l/2020 3/1/2021 EACH OCCURRENCE $1000000 -17AMAGE TO -RENTED PREMISES E...wrence $1 000 000 MED EXP (Any one person) $ 5 000 PERSONAL &ADV INJURY $1000000 AGGREGATE LIMIT APPLIES PER: GENERA -AGGREGATE $2,000,000 GEN'L PRODUCTS - COMPIOP AGG $2000000 POLICY EJECOT �✓ LOC $ OTHER: A AUTOMOBILE LIABILITY ACVS13225ZO 3/1/2020 3/1/2021 EOeBI EDISINGLE LIMIT $1000000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPERTYDAMAGE Per accident $ B ✓ UMBRELLALIAB ✓ OCCUR USL005062201 3/1/2020 3/1/2021 EACH OCCURRENCE $25000000 AGGREGATE $25000000 EXCESS LIAB CLAIMS -MADE DED RETENTION$0 $ Q WORKERS COMP N ATIOIN YIN AND ANYPROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDEDY NIA SAWC141554 7/16/2020 7/16/2021 �/ STATUTE °RH E.L. EACH ACCIDENT $1000,000 E.L. DISEASE- EA EMPLOYEE $ 1 000 0 00 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1.000.000 D DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 6) 201, 220 & 305 E. 4th Street and 3-1-307 N. Spurgeon St. Santa Ana, CA 92701 Cedholder is named as additional insured on the general liabilityy policy and such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /l /J Michael Christian ©1988.2015 ACORD 1 The ACORD name and logo are registered marks of ACORD a. reap MAllaBeNlglt UtYl9lptt N ResEWED&APPROviD By. $I £sleetsR...CCFA4Iu4 Rkk Management Analyst 56939718 120-21 GL-AL-UL-WC I Sherry Young 1 0/7/2020 3:02:40 PM (PDT) I Page 1 of 0 POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG 20 26 12 19 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 er.w RlekManagrmsuttt7Ndn)on ReAEWED & APPROVED BY.' Risk Management Analyst 5663991E 1 20-21 ca-r -us-we I sherry Young 1 e/9/2020 302:47 Pm (PPP) I Page 2 of 8 POLICYNUMBER: ACVS1325ZO COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: Name Of Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza,4th Floor Santa Ana, CA 92701 SCHEDULE shown Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form, CA 20 48 10 13 © Insurance Services Office, Inc., 2011 ,yrgZ. RiskMan&MumtDMS10n .-,. RenEwEo & APPRovm 8r Risk Management Analyst 56939718 120-21 GL-A -OL-WC I Sherry Young 1 8/7/2020 3:02149 PM (POT) I Page 3 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with Its permission. 56939718 1 20-21 GL-A -UL-WC I Sherry Young I B/9/2020 3:02:47 PM (PUT) I Page 4 of 8 cuN RlekMwjV%edDtW bn REMEWED&APPROVm.BY: ' Risk Management Analyst A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LEG Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. REMWeWED& A�arnveRnotvDDBY, rr44 %644 z ma' iS Risk Management Analyst 56939918 1 20-21 GL-AL-OL-WC I Sherry Young 1 8/7/2020 3:02:47 PM (PDT) I Page 5 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS 201,220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5693971E 1 20-21 OL-AL-OL-WC I Sherry Young 18/9/2020 3;02:40 PM (PDT( I Page 6 of 8 �,: RlekManngtsnentDWidan REviEwED&ArP2ovm8r. loll 'a 7o a a Ill iFAn4cl —'�. ` Risk Management Anatlnt 01 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. nx R�teManagmtenfD[olelon REAEWRD&APPROpvgmBrp. Rok Management Analyst sss 9718 1 20-21 cL-AL-OL-WC I sherry Young 19/]/zozo 3:02:49 PM (Pox) I Page 7 of 8 AMENDMENT OF CANCELLATION ENDORSEMENT THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL PROPERTY COVERAGE The following Cancellation Provision is added to this policy and supersedes anything to the contrary: This policy may be cancelled by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Schedule: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 All other terms and conditions of the policy will remain the same. Endurance American Specialty Insurance Company Page I of I r aF RiekMm>agentrntotr>aton i REVIEWED&APPROVED By: Risk Nlanagement Analyst 56929718 1 20-21 GL-AL-0L-WC I Sherry Young 1 8/7/2020 3:02:99 PM (PDT) I Page 8 of 8 A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 8/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Risk Strategies Company CONTACT NAME: Risk Strategies Com an 2040 Main Street, Suite 450 Irvine, CA 92614 PHONE Earl 949-242-9240 iFAIC No: TAIL ADDRESS: s Oun orisk-Strate ies.com INSURERS AFFORDING COVERAGE NAICN wwwAsk-strategies.com CA DOI License No. OF06675 INSURERA: SOm o America Insurance Company 11126 INSURED East End Realty Partners, LP; Fiesta Marketplace II Fainbarg Ventures II, LP; Irving & INSURER B: Fireman's Fund Insurance Company 21873 INSURERc: Oak River Insurance Company 34830 INSURER D: Bancyy Chase; Ryan Chase P.O. Box 10728 Costa Mesa CA 92627 INSURERE: INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AOOL SUER POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY E%P MMIDO/YYYY LIMITS A r/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LJ OCCUR ✓ CPLS1033HO 3/1/2020 3/1/2021 EACH OCCURRENCE $1000000 DAAMTGE TO RENTED PREMISES Ea occurrence $ 1 000,000 MED EXP (Any one person) $ 5 000 PERSONAL B ADV INJURY $1 000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑JE� �✓ LOC GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS-COMP/OPAGO $2000,000 $ OTHER: A AUTOMOBILE LIABILITY ACVS13225ZO 3/1/2020 3/1/2021 CONFINED SINGLE LIMIT $1 OOO,OOO ANY AUTO BODILY INJURY(Par person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par, accidentJ $ ✓ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ B ✓ UMSRELLALIAB ✓ OCCUR USLOO5062201 3/1/2020 3/1/2021 EACH OCCURRENCE $25,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $25 000 000 DED I I RETENTION$0 $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANVPROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBEREXCLUDED9 NIA SAWC141554 7/16/2020 7/16/ 0021 PER oTH- ✓ STATUTE ER E.L. EACH ACCIDENT $1 OOO,OOO E.L. DISEASE - EA EMPLOYEE $1 0 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 200-210 E. 4th Street and 313-320 E. 4th Street Santa Ana, CA 92701 Cedholder is named as additional insured on the general liability policy and such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2015 ACCORD C The ACORD name and logo are registered marks of ACORD a Rhak Managemedt DlWeinn REVIEWED & APPROVED BY: F�.crr,w.e P.. Vlffa.$raE Risk Management Analyst 56939719 120-21 GL-AL-UL-WC I Sherry Young 18/7/2028 3:82:47 FM (PDT) I Page 1 of 8 POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 927 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG 20 26 12 19 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 RiekMansgementDMsWn ,p i... REnEWED&APPRovm By., Risk Management Analyst 56939719 1 20-21 GL-AL-UL-WC I Sherry Young 1 8/9/2020 3,02A7 PM (PDT) I Page 2 of 8 POLICY NUMBER: ACVS1325Z0 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph AA of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 13.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Ride Manarmnt DIVISIon ,S REVIEWED&{{APPROVED BY. 8 F�.VFrµ,e f�. Vl4 Risk Management Analyst 56929719 1 20-21 GL-AL-OL-WC I Sherry Young 1 0/9/2020 3:02:47 PM (PDT) I Page 3 of 8 This Endorsement Changes the Policy. Please Read it Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 201, 220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ADDRESS: ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. i„ RbkManagrmartDtdeian •� "y REVIEWED&APPROVED 9y: � F444,644 ).' b:" Risk Management Analyst 56939719 1 20-21 GL-AL-OL-WC I Sherry Young 1 9/9/2020 3:02:97 PM (POT) I Page 4 of 8 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPLS1O33H0 Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Management Divialm REVIEWEo & APPROVED BY: IM—RU81 `'2 F�Fyr�c:-6•t ic, U.ltata/k --� Risk Management Analyst 56939719 1 20-21 GL-AL-UL-WC I Sherry Young 1 8/7/2020 3:02:47 PM (PUT) I Page 5 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: of Santa Ana, its officia�bty officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 220 & 305 E. 9TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. 56939719 1 20-21 DL-A -m-WC I Sherry Young 1 8/9/2020 3:02:99 PM (PDT) I Page 6 of 0 �.ycon., RiekMm:agement D[vi6Wn REVIEW®&APPRova:>By: Risk Management Analyst A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Risk Managmmw Divwan REVIEWED & APP'WIVm BY., Risk Management Analyst 56939719 1 20-21 GL-AL-nL-KC I Sherry Young 1 8/7/2020 3:02:47 PM (PDT) I Page 7 of 8 AMENDMENT OF CANCELLATION ENDORSEMENT THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL PROPERTY COVERAGE The following Cancellation Provision is added to this policy and supersedes anything to the contrary: This policy may be cancelled by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Schedule: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 All other terms and conditions of the policy will remain the same. Endurance American Specialty Insurance Company Page 1 of 1 2 �s"¢ RlekManPgemelxLDlvlelon AEmEWEU&pAPPROVED Or 7fi�tM V 4 ^, �%K(Nutl.4 Risk Management Analyst 56939719 1 20-21 GL-AL-OL-WC I Sherry Young 1 8/7/2020 3:02:49 PM (PUT) I Page 8 of 8 ACil CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYY) sn/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Risk Strategies Company EONTAC NAME: Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 PHONE 949-242-9240 a Na: E-MAIL ADDRESS, syoung@risk-strategies.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Som o America Insurance Company 11126 www.risk-slrategies.com CA DOI License No. OF06675 INSURED East End Realty Partners, LP FKA: Fiesta INSURER a: Fireman's Fund Insurance Company 21873 D Marketplace Partners 50 /D: Raymond Range] Tr 25 /o NsuRERc: Oak River Insurance Company 34630 INSURER D: City of Santa Ana 25% P.O. Box 10728 Costa Mesa CA 92627 INSURER E: INSURER F 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. TIN LTR TYPE OF INSURANCE ADDLSUBR We. DD POLICYNUMBER POLICY EFF MM/DDIYYYY POLICY UP IMMIDDIYYYYI LIMITS A COMMERCIAL GENERALLWBILITY CLAIMS -MADE ✓ OCCUR ✓ CPLS1033HO 3/1/2020 3/1/2021 EACH OCCURRENCE $1000000 DAMAGE TO RENTED PREMISES(Ed occurrence $1,000 000 MED EXP(Any one person) $5,000 PERSONAL & ADV INJURY $1 000 000 AGGREGATE LIMIT APPLIES PER: POLICY❑JE� �✓ LOG GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS - COMPIOP AGO $2,000000 $ OTHER: A AUTOMOBILE LIABILITY ACVS13225ZO 3/1/2020 3/1/2021 OMBIfforceEDISINGLE LIMIT $1000000 ANY AUTO BODILY INJURY (Par person) $ OWNED SCHEDULED AUTOS ONLYHAUTOS BODILY INJURY (Per accident) -PROPERTY-DAMAGE $ ✓ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Per.odd nl $ B UMBRELLA LIB V OCCUR USL005062201 3/1/2020 3/1/2021 EACH OCCURRENCE $25000000 AGGREGATE $25000000 EXCESS LIAR CLAIMS -MADE DED RETENTION$O $ C WORKERS AND EMPLOYERS'LIABILITY YIN ANVPROPRIETOWPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDEDP NIA SAWC141554 7/16/2020 7/16/2021 a/ STATUTE EftH E.L. EACH ACCIDENT $1 000 000 E.L. DISEASEEAEMPLOYEE $ 1,000 00 (Mandatory In NH) If yes, dascrlbe under E. L. DISEASE POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS but. DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) 71) East End Promenade between 3rd St and 4th St Santa Ana, Ca, 92701 Certholder is named as additional insured on the general liabilityy policy and such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory La:Ln s!aa. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE *�� RIekMlDugrnlentDiviabR Michael Christian ©1988-2015 ACORD C ? �, REwE*ED&APPRDVEDBY.- ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD i '' Risk Management Analyst 56929720 120-21 GL-AL-UL-WC I Sherry Young 8/2/2020 3:02:47 PM (PDT) I Page 1 of 0 - POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG 20 26 12 19 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 EWED agementDlvi REVIEWED EDt &APPROVBY: Risk Management Analyst 56939720 1 20-21 OL-AL-UL-WC I Sherry Young 1 8/7/2020 3:02:47 PM (PDT) I Page 2 of 8 POLICYNUMBER: ACVS1325ZO COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza,4th Floor Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 9 z„ Rte&MuwgenumlDivielun REVIEWED&MPROVm BY: ---J Risk Management Anllyst 56929720 1 20-21 GL-AL-nL-WC I Sherry Young 1 8/9/2020 3:02:49 PM (PDT) I Page 3 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 201,220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. Y NieleMmugLmmtD[Wlan REVIE7EoZ PRWED9Y: Rkk Management Analyst 56939720 1 2n-23 cL-AL-uL-we I Sherry Young 1 eh/aoza 3:n2:47 PM IPor7 I Page 4 of 8 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC SIL 02 022 0412 Includes copyrighted material of Insurance services Office, Inc., with its permission. ,� RlekMmV mmtDWion i' S Ra\AEwt> APrxovm By., ttuk Management Analyst 56939720 1 20-21 GL-AL-0L-WC I Sherry Young 1 8/7/2020 3;02:47 PM (PDT) I Page 5 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. 8 +x RAMaaWeentDlvielm REVIEWED & APPROVED By: 11`4~44 P, V:" (I Risk Management Analyst 56939720 1 20-21 GL-AL-OL-WC I Sherry Young 18/9/2020 3:02:47 PM (POT) I Page 6 of 8 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. eP RinkMaln .. iD[vieloa o M REVIEWED&APPROVED BY. II,q"�'�r1�.a1LII�'T Risk Manage"nt Analyst 56939720 1 20-21 GL-AL-OL-WC I Sherry Young I 8/7/202D 3:02:49 PM (Pg'1') I Page 7 of 8 AMENDMENT OF CANCELLATION ENDORSEMENT THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL PROPERTY COVERAGE The following Cancellation Provision is added to this policy and supersedes anything to the contrary: This policy may be cancelled by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Schedule: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 All other terms and conditions of the policy will remain the same. Endurance American Specialty Insurance Company Page 1 of 1 Al �,�,�, RmkManegxmentotwe(on @RE%AEWED & APPROVES Br. RM fvlanagement Analyst 5693972D 120-21 GL-AL-OL-WC I Sherry Young 10/0/2020 3:02:47 PM (PDT) I Page 8 of 8 AC ai CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Risk Strategies Company CONTACT NAME: Risk Strategies Company 2040 Main Street, Suite 450 Irvine, CA 92614 PHONE g49-242-9240 a No EMAIL ADDRESS- syourg@risk-strateciles.com INSURERS AFFORDING COVERAGE NAICN www.risk-stralegies.com CA DOI License No. OF06675 INSURERA: Som o America Insurance Company 11126 INSURED East End Realty Partners, LP Fourth Street Market INSURERS: Fireman's Fund Insurance Company 21873 INSURER C: Oak River Insurance Company 34630 INSURER D: P.O. Box 10728 Costa Mesa CA 92627 INSURER E: INSURER F: 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. ILTR TYPE OF INSURANCE ADOLSUBR POLICY NUMBER POLICY EFF MMIDD/YYVY POLICY UP MMIDD/Y1'YY LIMITS A r/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ✓ CPLS1033HO 3/1/2020 3/1/2021 EACH OCCURRENCE $1000000 DAMAGE TO PREMISES DE ocRENTED currence $1000000 _ MED EXP(Any one arson) $SOLO PERSONAL B ADV INJURY $1,000 000 AGGREGATE LIMIT APPLIES PER: POLICY JE� - LIES LOC GENERALAGGREGATE $2,000,000 GEN'L PRODUCTS - COMPIOPAGG $2000000 $ OTHER: A AUTOMOBILE LIABILITY ✓ ACVS13225ZO 311/2020 3/1/2021 COMBINED tSINGLE LIMIT $1000000 ANY AUTO BODILY INJURY (Per parson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) $ ✓ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE (Farce Sent $ $ B UMBRELLALIAB ,/ OC USL005062201 3/1/2020 3/1/2021 EACH OCCURRENCE $25000 OOO AGGREGATE $25 00O 000 EXCESS LIAR MUR CLAIMS -MADE DEB RETENTION$0 $ C WORKERS C MSELI TIOIN YIN ANVPROPRIETOMPARTNEWEXECUTIVE OFFICERIMEMBEREXCWDEDY NIA SAWC141554 7/16/2020 7/16/2021 �/ STATUTEAND EkH E.L. EACH ACCIDENT $1000000 E.L. DISEASE EA EMPLOYEE $ 1 00o000 (Mandatory In NH) Dyes, deecdbB under DESCRIPTION OPERATIONS below E.L. DISEASE- POLICY LIMIT $1 00O 000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Long Term Parking at parking structure located at 300 E. 5th St., 2nd Floor, for residents of the 401 N. Bush Street Apartments. City of Santa Ana, Its Officers, Agents, Employees and volunteers are named as additional insureds and primary/non-contributory clause applies to the general and auto liability policies -see attached endorsements. 30-day notice for non -renewal and cancellation, 10-day notice for non-payment of premium applies. Excess Liability follows form. City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD C ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD « Risk Ma isgumadDivialon ,+ REVIEWED&APPPeRcqv/EDSY/., BI I ��a.rvr�t -'� Risk Management Analyst 56939721 120-21 GL-AL-GL-WC I Sherry Young 18/9/2020 3:02:e7 PM (PDT) I Page 1 of 8 POLICY NUMBER: CPLS1033HO COMMERCIAL GENERAL LIABILITY CG 20 2612 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 Information required to complete this Schedule if not shown above will be shown In the Declarations. I 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. CG 20 26 12 19 B. 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 AMI WMw gementDlWslnn 8REVIEWED&ppAPPROVED BY.' �M1hfv"e��6�C M Yi,G(p/46skG Risk Management Analyst 56939721 120-21 GL-AL-0L-WC 1 Sherry Young 1 8/1/2020 3;02,49 PM (PDT) I Page 2 of R POLICY NUMBER: ACVS1325Z0 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2, of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 *Insurance Services Office, Inc., 2011 n.. R7nkManeganentDtWalDn Y 4 AREVIEWED &{APPROVED BY.' Risk Managemen[Analyst 56939721 120-21 GL-A -U -WC I Sherry Young 18/9/2020 3;C2:97 PM (PDT) I Page 3 of 8 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 201,220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. PI&M¢aagemeatl7lWelDe 4 REVIEWED&MPROVm BV: a fear its a I;, V:f 4"l Risk Management Analyst 56939721 1 20-21 GL-A -n-WC I Sherry Young 1 8/7/2020 3:02,49 PM (PDT) I Page 4 of 8 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: CPLS1033HO Effective Date: 03-01-2020 Insured: S&A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance services Office, Inc., with its permission. 56939921 1 20-21 nL-N -U -WC I Sherry Young 1 8/7/2020 3:D2:97 PM (PDT) I Page 5 of. 8 v. RkkMwWne9DW9Imr Renee+so&APPRovm Br. sl llllli r_; ,i f4owei R. Ux" Ruk Management Ana" 01 This Endorsement Changes the Policy. Please Read It Carefully. NOTICE TO CERTIFICATE HOLDER OR DESIGNATED ENTITY INDIVIDUAL This endorsement modifies all coverage parts included in this policy. SCHEDULE PERSON OR ORGANIZATION: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ADDRESS: 201, 220 & 305 E. 4TH; 301-307 N. SPURGEON, SANTA ANA, CA 92701 Number of Days Notice of Cancellation: 30 (If left blank, no notice will be sent.) Number of Days Notice of Nonrenewal: (If left blank, no notice will be sent.) This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. RAMmagxmndDiWetm Ali REMEWEO&APPROVEDBY. gl irAutilNNf•2 P, NXFWAti ��.--� Risk Management Analyst 56939721 1 20-21 ce-As-uL-WC I sherry Young 1 e/7/2020 3:02:47 PM (PDT) I Page 6 of 8 A. If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, we will mail notice of cancellation to the Scheduled person or organization at the address shown in the Schedule above. We will mail this notice at least the number of days shown in the Schedule above for cancellation. However, failure to send such notice or send it within the specified time period will not rescind the cancellation. B. If we decide not to renew this policy for any statutorily permitted reason, we will mail notice of nonrenewal to the Scheduled person or organization at the address shown in the Schedule above. We will mail such notice at least the number of days shown in the Schedule above for nonrenewal. However, failure to send such notice or send it within the specified time period will not rescind the nonrenewal. This endorsement forms a part of Policy Number: ACVS1325ZO Effective Date: 03-01-2020 Insured: S & A MANAGEMENT, LLC Includes copyrighted material of SIL 02 022 0412 Insurance Services Office, Inc., with its permission. 56939-121 1 20-21 GL-AL-UL-WC I Sherry Young 1 0/7/2020 3:02:47 PM MT) I Page 7 or 8 a WekMmtaganeatDhUlan r N. REVIEWED&APPRWtDBY: ��kwtea 2, �tafw�auk Of Risk Management Anatysl AMENDMENT OF CANCELLATION ENDORSEMENT THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL PROPERTY COVERAGE The following Cancellation Provision is added to this policy and supersedes anything to the contrary: This policy may be cancelled by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 30 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Schedule: City of Santa Ana, its officials, officers, agents, employees and volunteers City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 All other terms and conditions of the policy will remain the same. Endurance American Specialty Insurance Company Page 1 of I 56939721 120-21 GL-AL-CL-WC I Sherry Young 10/7/2020 3:02:47 PM (PUT) I Page 8 of 8 m,Risk Mmvgwwd1HNe1un A�PPPRIO��V//FI78Y.' cREMMED&{{eIiif ram. um Risk@lanagement Analyst REVEWEO &APPROVED BY, rkMZ Nb Risk M anagement Amlyst April 10, 2020 Dear: S & A MANAGEMENT LLC Et Al, as per Primary Policies Re: Policy Number: USL005062201 Issuing Company: Fireman's Fund Insurance Company (AN ALLIANZ COMPANY) Thank you for choosing Allianz as your insurance company. We appreciate the trust you've placed in us. A copy of your commercial insurance policy is enclosed. Be sure to keep it in a secure place that you can easily access if you have a question or claim. As a valued policyholder, you can count on Allianz for Trust and financial stability — Rated A+ by A.M. Best and AA by Standard and Poor's, Allianz Global Corporate & Specialty earns one of the highest financial ratings of the leading global property and casualty insurers. Exceptional claim service —Allianz has a 125-year reputation for outstanding claim service built on our commitment to honesty, integrity, and partnership with our clients. The company is ranked as "One of the world's most admired companies" by Fortune® and "One of the top global brands in the world" by Interbrand. The ability to keep pace as your business evolves —Your business needs are continually changing. Whether you are adopting new technologies or expanding into new geographic markets, Allianz has the expertise and resources to grow with you. We truly look forward to serving you and supporting your business. In the interim, please know that we deeply appreciate your business. Best regards, �� Bill Scaldaferh President & CEO Allianz Global Corporate & Specialty, North America 335516 01 17 Copyright ® 2017 Allianz Global Risks US Insurance Company. All rights reserved i. Riskmialagclnon'UAieion REVIEWED 9=ROVm BY: 8 Risk Management Analyst Allianz ili Fireman's Fund Insurance Company A Stock Company 225 W. Washington Street, Suite 1800 Chicago, IL 60606-3484 COMMON POLICY DECLARATIONS Policy No: USL005062201 Policy Period: From: 03/01/2020 To: 03/01/2021 Beginning and ending at 12:01 a.m., standard time at the mailing address of the Named Insured shown below. Named Insured and Mailing Address: S & A MANAGEMENT LLC Et Al, as per Primary Policies P.O. BOX 10728 COSTA MESA, CA 92627 (Refer to Named Insured Schedule) Producer Name and Mailing Address: RSC Insurance Brokerage Inc. 2040 Main StreetSuite 450 Irvine, CA 92614 In return for the payment of the premium, and subject to all terms of this policy, we agree with you to provide the insurance as stated in this policy. Premium Summary Lead Excess Liability Certified Terrorism $ 137,364 $ 2,747 Total Amount Payable by the Insured $ 140,111.00 Named Insured Schedule Named IrisUred Legal t',;` Ir S & A MANAGEMENT LLC Corporation Et Al, as per Primary Policies Forms Schedule The following policy forms and endorsements have been attached to and made a part of the policy at Inception: Policyholder Messages Important Notice Regarding the Terrorism Coverage Offered in this Quotation 380141 01 15 I Lead Excess Liability Lead Excess Liability Coverage Section - Declarations Schedule of Primary Insurance Copyright ® 2018 Allianz Global Risks US Insurance Company. All rights reservetl. 178300 06 19 �,. RiakMgstegnnentDivislon +"a REVIEWED & APPROVED BY: iix "�� Risk Management Analyst S & A MANAGEMENT LLC, Et Al, as per Primary Policies Policy No: USL005062201 Form Schedule, Continued llian ili Fireman's Fund Insurance Company puA�t jy(ry .a,�r. v 2F*.�# a"`Fge�`ca...ti�s:>v Excess Liability 530206 19 California Amendatory - Cancellation Refund to the Named Insured 145981 01 12 CA Economic or Trade Sanctions Compliance 145985 06 14 Aircraft Exclusion 178301 1002 Marinas, Boat Dealers, and Boat Yards Exclusions 178445 10 02 Claims -Made Coverage Amendment and Exclusion 178539 10 02 California Amendatory 178547 01 12 CA War Liability Exclusion 178557 12 02 Fiduciary or Representative Liability Exclusion 178561 05 03 Silica Particles Exclusion 178575 05 04 CA Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism Coverage; Cap on Insurer Participation in Payment of Terrorism Losses (Pursuant 178587 01 15 to Terrorism Risk Insurance Act) Abuse, Assault, and Molestation Exclusion 178701 03 98 Cross Suits Exclusion 178730 03 98 Directors and Officers Exclusion 178740 04 13 Lead Exclusion 178771 0398 Professional Services Exclusion 178794 04 13 Watercraft Exclusion 178819 10 01 Fungi or Bacteria Exclusion 178950 04 02 Exclusion of Other Acts of Terrorism Committed Outside the United States 178980 01 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism 178985 01 15 Sale and Disposal Liability Exclusion 178999 01 04 Violation of Statutes Exclusion (E-Mails, Fax, Phone Calls or Other Methods of Recording or Distribution of Material or Information) 179033 05 09 Additional Policy Provisions 179051 1207 Communicable Diseases and Viruses - Absolute Exclusion 179054 09 07 Access or Disclosure of Confidential or Personal Information and Data -Related Exclusion 179087 05 14 Copyright ® 2018 Alllanz Global Risks US Insurance Company. All rights reserved. ,y RIA MwagoventDMslon RwEw o&APPRCVMBr. ��----� Risk Management Analyst Allianz @ SIGNATURE PAGE IN WITNESS WHEREOF, the Company indicated on the Declarations Page of the policy has caused the policy to be signed by its President and Secretary. Secretary 1459900817. Copyright 02017 Nlianz Global Risks US Insurance Company. NI rights reserved. �MIRIMVII ME President w BI�,y T RleleMnwgemenEDfWalon REMITIVED &ryArp`wvpm By., f �Ft�G�Mt !�. Ytit[i�hPh4 IAAMMMMM Risk Management Analyst Important Notice Regarding theTerrorism Coverage Offered in this Quotation 380141 01 15 You are hereby notified that under the Terrorism Risk Insurance Act, as amended ("The Act"), you have a right to purchase insurance coverage for losses arising out of certified acts of terrorism, as defined in Section 102(1) of The Act: The term "certified act of terrorism" means any act or acts that are certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, as amended, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property; or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHEN COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85%THROUGH 2O15; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81 % BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED PER THE ATTACHED QUOTE AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURER'S LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANYONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEEDS $100 BILLION, YOUR COVERAGE MAY BE REDUCED. This quotation includes an offer of coverage for losses due to certified acts of terrorism, as defined by The Act, and, if accepted, will be subject to the limit(s), terms and conditions of any policy subsequently issued. In addition, as with any other coverage under an excess liability policy, the scope of your coverage for terrorism is never broader than the coverage of your scheduled underlying policy(ies). The quoted premium for this certified acts of terrorism coverage is per attached quote. In order to accept or reject this offer of certified acts of terrorism coverage for the premium stated above please do one of the following: To Reject this offer, do ALL of the following: (1) Communicate your decision to your agent or broker. and (2) Mark the "Reject" option below, sign and date below, and return the original signed document to the address specified below. To Accept this offer, you must do ALL of the following: (1) Communicate your decision to your agent or broker. (2) Accept and purchase certified acts of terrorism coverage on all scheduled underlying insurance that is subject to The Act; and (3) Pay the premium by the due date shown on your premium billing. WE STRONGLY RECOMMEND that you contact your insurance agent prior to accepting tt 380141 01 15 Copyright ®2015 Alllanz Global Risks US Insurance Company. NI rights reserved. a RldeMmia rsa tDMskm e+9 REVIEWED&APPROVED By., ��----.--� Risk Management Analyst Allianz li Please note that any coverage mandated by applicable Workers Compensation laws in your state will not be affected by your rejection below of terrorism coverage. If you have any questions about this or any other insurance matter, please contact your agent or broker. TERRORISM COVERAGE ELECTION: I understand that this offer is conditional on my purchase of coverage for certified acts of terrorism, as defined in The Act, for all policies of insurance which are scheduled in this policy as underlying insurance for this policy that are subject to The Act. I understand that if at a later time it is determined that any of the underlying policies that are subject to The Act do not include coverage for certified acts of terrorism, as defined in The Act, then my election to accept this quote to purchase coverage for certified acts of terrorism, as defined in The Act, will be ineffective. In that event, I also understand that the policy that I am purchasing will have no coverage for losses arising from certified acts of terrorism, as defined in The Act. () I REJECT COVERAGE FOR LOSSES DUE TO CERTIFIED ACTS OF TERRORISM, AS DEFINED IN THE ACT. Applicant: Signature: Title: Date: Insurance Company: Please return to your agent or broker. 380141 01 15 Copyright © 2015 Allianz Global Risks US Insurance Company. All rights reserve. �, n RiakMallagnnrnl;D[vlakm 4� � /R�EVIEwr,&IMPRO�V/ID BY. MR —Risk Management Analyst Lead Excess Liability Copyright ® 2018 Alllanz Global Rlsks US Insurance Company. All rights reserved. an.. RlekManagemattD[viekm REVIEWED&pAPPtRIoav`m BY: t'� RiskManagement Analyst 9=0 Lead Excess Liability Coverage Section - Declarations • These Declarations, together with the Common Policy Declarations, Schedule of Primary Insurance, Coverage Form(s) and any Endorsement(s), complete this policy. • In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Excess Liability (5302 0619) D23a'r(ptlorrof Llmlfs r �' + , Lit>ii1 of Insure ;' r Each Occurrence $ 25,000,000 Aggregate $ 25,000,000 Endorsements Completed in the Declaration Claims -Made Coverage Amendment and Exclusion (178539 10 02) 03/01 /2010 Additional Terms: AS RESPECTS TO EMPLOYEE BENEFITS ONLY Copyright B 2018 Allianz Global Risks US Insurance Company. All rights reserved, RlalaMmugelnenLD(vis[rn +/ff' >%i REVIEWED&APPROVIDBY: Ris k Management Analyst Allianz ili Schedule of Primary Insurance 178300 06 19 The schedule of Primary Insurance is completed to read as follows: Cnmmareinl Ganaral I inhilifu Orrurrenca SOMPO INTERNATIONAL >�. . , a ^c B. 'xxa r �A. S "� e"^ vt ;ti.n4"+o R?vki ��rx, f+:x�'a CPLS1033H0 ^yr, n % o"' &��2�„ �" 03/01/2021 INSURANCE 1 i'' a i� .`,amis�ba�`h,�4�., General Aggregate Limit (Other than Products — $ 2,000,000 Completed Operations) Products -Completed Operations Aggregate $ 2,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Employee Benefits Administration Liability Claims made 03/01/2010 1p} 4'A`Y�le Each Employee �1 "A . � .j ggpp 'I 1.ti �'V�`. ilPo up�5 Y� r#ia M:+, ^.F J xs a 4,,Z .�"xw,EZ .�i�• iotaVlid. a{ $ 1,000,000 Aggregate $ 1,000,000 Automobile Liability Combined Single Limit ..� 2c t�.. d, �.'aa.'.i. ACVS13225ZO 03/01/2021 SOMPO INTERNATIONAL INSURANCE qy e t �jd, W p6(`.61 ,1'-��. O�I}�It .xxO .�a ..(10M, , Bodily Injury and Property Damage Combined Single $ 1,000,000 Limit -Any One Accident Commercial General Liability Occurrence Conlpny ATLANTIC SPECIALTY INSURANCE COMPANY B5JH73138 03101/2021 Desc iptlon of L'irrlits Limits of IrBor.ance �. General Aggregate Limit (Other than Products — $ 2,000,000 Completed Operations) 178300 06 19 Copyright 01992 Allianz Global Risks U5 Inaumnoe Company. All rights reserved. Rlale 178300 06 19 Copyright 01992 Allianz Global Risks U5 Inaumnoe Company. All rights reserved. Managatlenl DNbfan 81 � ' REVIEWED&APPROVED BY.' ca �Ac�tW�e R• ��sf�ll�C Risk Management Analyst Ailianz it Commercial General Liability Occurrence, Continued @SCP'Itlah Qit L�Cf11tS `. ` ' �,iftiitS of �nSurane ' Products -Completed Operations Aggregate $ 1,000,000 Personal & Advertising Injury $ 1,000,000 Each Occurrence $ 1,000,000 Additional Terms: AS RESPECTS TO: CANNERY VILLAGE MARINA PARTNERS Commercial General Liability Occurrence �.iA-,"j?,�nY j r �oIICyNa''t ,r Expif;�tl0ft,IJaiB '°� OHIO SECURITY INURANCE COMPANY BZS56521872 03/01/2021 General Aggregate Limit (Other than Products — $ 2,000,000 Completed Operations) Products -Completed Operations Aggregate $ 2,000,000 Each Occurrence $ 1,000,000 NON -OWNED AND HIRED AUTO LIABILITY - CSL $ 1,000,000 Additional Terms: AS RESPECTS TO: SUN VAL ASSOCIATES PARTNERSHIP Employers Liability Coon -hy Pollp'y Na Ekpition gate ` , OAK RIVER INSURANCE SAWC712431 07/16/2020 COMPANY desetptlon of Li�rlt� " Lu tits of Igsurance ; " X Bodily Injury by Accident $ 1,000,000 Bodily Injury by Disease Limit Policy $ 1,000,000 Bodily Injury by Disease Each Employee $ 1,000,000 Additional Terms: AS RESPECTS TO: S & A MANAGEMENT LLC Employers Liability Company Policy No ,` Expir'atian Date' ... OAK RIVER INSURANCE COMPANY EAWC805676 02/01/2021 []@SCripUon of Limits LiriUt8 of Insuranckill Bodily Injury by Accident $ 1,000,000 Bodily Injury by Disease Limit Policy $ 1,000,000 1 y83000519 Copyrl9ht©1992 Allianz Global Risks US Insurance Company. All rights reserved. s xiekMa,agenamtDivision o,,, >.�� /R�svIEwED&APPROVm Br. a I �tWNht ntlE Risk Management Analyst Employers Liability, Continued xi%° <%'" ;y' �t 3.,,`NS v" $ ' 'xx Bodily Injury by Disease Each Employee $ 1,000,000 Additional Terms: AS RESPECTS TO: EAST END REALTY PARTNERS n Coc nwln1 "RAIMOCI 1 A Is4o!�. SAFECO INSURANCE COMPANY UA4725920 03/01/2021 OF AMERICA `: 3f �l k DS;�CIp{t��l,tis�u.x b�,.L'y ie 4� Its of s an ��x �i i f`\t $ 1,000,D00 LIMIT OF LIABILITY Additional Terms: AS RESPECTS TO: STEVEN FAINBARG oGoenkIAI AAIn al ISIMFIQc nWMFRS' UMBRELLA F r'a ve ens an RRillEv �SYrQIc MARKEL INSURANCE COMPANY MP00026938-00 03/02/2021 v3s & m. a A`L bESedp pr� of [li�ilt,r�tR�" y z LlfhltsQt1011atic�„m t� sH�w n+� �*. 1. LIMITS OF LIABILITY FOR EACH LOSS $ 1,000,000 Additional Terms: AS RESPECTS TO: SARA FAINBARGCOVERAGE A: BODILY INJURY, PERSONAL INJURY. ADVERTISING INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE ococnKIAI Akin Rl ICIMFcc nWNFRS' LIMIARELLA MARKEL INSURANCE COMPANY MP00027039-00 03/02/2021 +k��,��`1:� LIMITS OF LIABILITY FOR EACH LOSS $ 1,000,000 Additional Terms: AS RESPECTS TO: IRVING CHASECOVERAGE A: BODILY INJURY, PERSONAL INJURY, ADVERTISING INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE 178300 06 19 Copyright ®1992 Allianz Global Risks US Insurance Company. All rights reserved. Al y4�, Risk MntignneAEDMslon REVIEWED&APPROVED BY: Risk Management Analyst Allianz ili Quick Reference Excess Liability 5302 0619 This insurance is provided by one of Allianz Global Risks US Insurance Companies as shown on the Declarations Page. Our mailing address is: 225 West Washington Street, Suite 1800, Chicago, IL 60606. At inception, The Excess Liability policy consists of: the Declarations, the policy form, and the endorsements listed on the Declarations. BEGINNING ON PAGE SECTION I - EXCESS INSURING AGREEMENT........................................................................................................2 SECTION II - DEFENSE AND EXPENSE OF CLAIMS AND SUITS...........................................................................2 A. DEFENSE.....................................................................................................................................................2 B. PAYMENT OF EXPENSES............................................................................................................................ 3 SECTION III - LIMITS OF INSURANCE......................................................................................................................3 SECTION IV - EXCLUSIONS.......................................................................................................................................4 SECTION V - CONDITIONS.........................................................................................................................................7 SECTION VI - DEFINITIONS..................................................................... W20619 Copyright ® 2002 All Global Risks US Insurance Company. All rlghts maerved. ..........................................................10 EwEo & AmentDtD BY. /REVIEWED &I�APPRO}Vpm BY. '�- 7�ARMM,Q R,.a4LMa.K: �^ Risk Management Analyst Allianz Read the entire policy carefully to determine rights, duties and what is and is not covered. The words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the company providing this insurance. Other words and phrases that are boldfaced have special meaning. Refer to the DEFINITIONS section. By accepting this policy, you agree that: 1. The statements in the Declarations and Application are your agreements and representations; 2. Those statements are accurate and complete; 3. This policy is issued and continued in reliance upon the truth of those representations; and 4. This policy contains all agreements existing between you, us, and our agents, relating to this insurance. SECTION I - EXCESS INSURING AGREEMENT A. We will pay on behalf of any Insured those sums in excess of Primary Insurance that any Insured becomes legally obligated to pay as damages provided that such damages: 1. Are covered by Primary Insurance; 2. Arise from injury or damage that occurs, or from an offense committed, during our Policy Period; and 3. Take place anywhere in the world. B. The terms and conditions of Primary Insurance in effect at the inception date of this policy apply to this policy, unless they are inconsistent with any provision of this policy or relate to any renewal agreement. C. The amount we will pay is limited as described in SECTION II.B. and SECTION III - LIMITS OF INSURANCE. D. Subject to SECTION 11. and SECTION III.E., we will only pay defense expenses we incur in addition to the applicable Limits of Insurance. SECTION II - DEFENSE AND EXPENSE OF CLAIMS AND SUITS A. DEFENSE 1. We will have the right and duty to defend any Insured against any Suit seeking damages to which this insurance applies but only: a. After the applicable limits of insurance of Primary Insurance and Other Insurance cease to apply because of exhaustion by the payment of judgments or settlements, or because of exhaustion by the payment of defense expenses by the terms of that policy; and b. If no Other Insurance affording a defense or indemnity against such a Suit is available to any Insured. 2. We have the right but not the duty to associate with Primary Insurers in the defense and control of any Occurrence, claim or Suit to which we think this policy may apply. 3. At our discretion we may: a. Investigate any Occurrence, claim or Suit; or b. Settle any claim or Suit. 4. We have no duty to defend any Insured against any Suit seeking damages: a. To which this policy does not apply; 530206 19 Copyright ® 2002 Alllanz Global Risks US Insurance Company, All rlghls reserved, �, RhkManagelnmEDlvlelart REVIEWED & APPROVED Br. $nasa R. (!MIME Risk Management Analyst 00 Allianz b. After our applicable Limits of Insurance have been exhausted by the payment of judgments or settlements, or exhausted by the payment of defense expenses or reimbursements in the same manner as the terms of Primary Insurance or Other Insurance; or c. To which Primary Insurance or Other Insurance, by its terms, has no duty to defend provided that such Primary Insurance or Other Insurance does not defend for reasons other than the exhaustion of its limits of insurance. B. PAYMENT OF EXPENSES When we have the duty under this policy to defend any Insured against any Suit we will not pay any expenses except the following: a. We will pay only those defense expenses we directly incur solely at our discretion; and b. If we are prevented by law from investigating or settling any claim or defending any Insured against any Suit, we will pay any expenses incurred by any Insured with our consent; and c. We will pay the following expenses to the extent that they are not covered by Primary Insurance or Other Insurance by the terms of that insurance: (1) Costs taxed against any Insured in the Suit. (2) Up to $2000 for cost of bail bonds required. We do not have to furnish these bonds. (3) The cost of bonds to release attachments, but only for bond amounts within our applicable Limit of Insurance. We do not have to furnish these bonds. (4) Reasonable expenses incurred by any Insured when we request the Insured to assist us in the investigation of the claim or defense of the Suit. This includes actual loss of earnings up to $500 a day, because of time off from work. (5) Prejudgment interest awarded against any Insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. (6) All interest on the full amount of anyjudgment that accrues after entry of thejudgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within our applicable Limit of Insurance. 2. With respect to any claim or Suit to which this policy applies and for which we do not have the duty to defend: a. We will only pay expenses we directly incur solely at our discretion. b. We will not pay expenses: (1) Incurred by you or others; or (2) Included in any Primary Insurance or Other Insurance by their terms. SECTION III - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the terms below fix the most we will pay regardless of the number of: 1. Coverages provided by this policy; 2. Insureds; 3. Claims made or Suits brought; or 4. Persons or organizations making claims or bringing Suits. B. OCCURRENCE LIMIT 530206 19 Copyright ay 2002 Allow, Global Risks US Insurance Company. NI rights reserved. Sir,wek Managmeruf otvlelon REVIEWED & APPROVED BY: f44tee'z a R. V PPnnvc$ Risk Manageti Analyst 01 1. The "each occurrence" limit shown in our Declarations is the most we will pay under this policy for the sum of damages arising out of any one Occurrence. Any amount we pay for damages arising out of an Occurrence will reduce or exhaust the amount of our applicable aggregate Limit of Insurance available for payment of damages arising out of any other Occurrence. 2. Coverage applies only in excess of the Limit of Insurance shown in our Schedule of Primary Insurance. But if a Primary Policy has a limit of insurance: a. Greater than the amount shown, our policy applies excess of the greater amount; or b. Less than the amount shown, our policy applies excess of the amount shown in our Schedule of Primary Insurance. 3. If the limit of insurance of a Primary Policy is: a. Reduced;or b. Exhausted; by payment of judgments or settlements arising out of Occurrences, our policy will apply in excess of such reduced or exhausted limit of insurance. C. AGGREGATE LIMIT - The Limit of Insurance shown in our Declarations as "aggregate" is the most we will pay under the policy for the sum of damages. Our aggregate limit will apply only when a Primary Policy applies an aggregate limit, and will apply on the same basis as a Primary Policy. D. POLICY PERIOD EXTENSIONS - If we extend our Policy Period after this policy is issued, we will consider the additional period as part of the last preceding annual period for purposes of determining the Limits of Insurance. E. SAME BASIS DEFENSE EXPENSES - If the limits of insurance of any Primary Policy or Other Insurance are reduced by defense expenses by the terms of that policy then any defense expense payments we make to defend any Insured or reimbursement we make to any Insured for defense expenses will reduce our applicable Limits of Insurance. SECTION IV - EXCLUSIONS This policy does not apply: A. ASBESTOS - To any liability arising, in whole or in part, out of or in any way related to Asbestos. B. E.R.I.S.A. - To any liability of any Insured under, or any claim based upon: 1. The Employees' Retirement Income Securities Act (E.R.I.S.A.) of 1974 and any amendment thereto; or 2. Similar provisions of any federal, state, or local statutory law or common law. C. DAMAGE TO PROPERTY - To property damage to real or personal property in the care, custody or control of any Insured, including any costs or expenses incurred by you or any other person or organization for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property. D. EMPLOYMENT PRACTICES - To any liability arising out of any employment -related or personnel practices, policies, acts or omissions. This includes, but is not limited to: 1. Refusal to employ; 2. Termination of employment; 3. Coercion, criticism, demotion, failure to promote, evaluation, reassignment, discipline, defamation, self - defamation, harassment, humiliation, discrimination, libel, slander, false arrest and imprisonment, orviolation of a person's right of privacy; or 4. Any consequential injury or damages as a result of 1., 2. or 3. above. 530206 [g Copyrlght02002 Alllanz Global Risks US Insurance Company. All rights reserved. s o RteWAnegemad Wslon K'+. REVIEWED&APPROVED By: 8 5 nsnN(ne 2 VXA4aa8 Risk Management Analyst Allianz @ This exclusion applies: 1. To all claims, demands, charges, complaints or Suits by any person(s) or organization(s) for damages because of such injury or liability, including damages for care and loss of services; 2. Whether any Insured may be held liable as an employer or in any other capacity either directly or indirectly related to employment; and 3. To any obligation to share damages with or repay someone else who must pay damages because of such injury or liability. E. WAR - To liability due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. F. NUCLEAR ENERGY LIABILITY 1. Under any coverage, to injury, sickness, disease, death or destruction: a. With respect to which any Insured under this policy is also an insured under a nuclear energy liability policy issued by: (1) Nuclear Energy Liability Insurance Association; (2) Mutual Atomic Energy Liability Underwriters; or (3) Nuclear Insurance Association of Canada; or would be insured under any such policy butfor its termination upon exhaustion of its limit of liability; or b. Resulting from the "Hazardous Properties' of "Nuclear Material' and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) Any Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the "Hazardous Properties' of "Nuclear Material', if: a. The "Nuclear Material': (1) Is at any "Nuclear Facility' owned by, or operated by or on behalf of, any Insured, or (2) Has been discharged or dispersed therefrom; b. The "Nuclear Material' is contained in "Spent Fuel' or "Waste' at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of any Insured; or c. The injury, sickness, disease, death or destruction arises out of the furnishing by any Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "Nuclear Facility". But if such facility is located within the United States of America, its territories or possessions or Canada, subsection c. applies only to injury to or destruction of property at such "Nuclear Facility'. As used in this exclusion: 1. "Hazardous Properties" includes radioactive, toxic or explosive properties. 2. "Nuclear Material' means "Source Material', "Special Nuclear Material' or "By -Product Material'. 3. "Source Material', 'Special Nuclear Material', and "By -Product Material' have the meaning given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4. 'Spent Fuel' means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "Nuclear Reactor". 5. "Waste" means any material which: 530206 19 CopyrIghl © 2002 Allianz Global Risks US Insurance Company. All rights reserved. RPeleManagemROVED BY. REVIenEo6ArpRaVm Rv: (f:4tMa�E " Risk Management Analyst a. Contains "By -Product Material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium, from any ore processed primarily for its Source Material content; and b. Results from the operation by any person or organization of any "Nuclear Facility" included under a. and b. of the definition of "Nuclear Facility'. 6. "Nuclear Facility" means: a. Any "Nuclear Reactor; b. Any equipment or device designed or used for: (1) Separating the isotopes of uranium or plutonium; (2) Processing or utilizing "Spent Fuel"; or (3) Handling, processing or packaging "Waste'; c. Any equipment or device used for processing, fabricating or alloying of "Special Nuclear Material' if, at any time, the total amount of such material in the custody of any Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of: (1) Plutonium; or (2) Uranium 233; or any combination thereof, or more than 260 grams of uranium 235; d. Any structure, basin, excavation, premises or place, prepared or used for the storage or disposal of "Waste"; and includes: a. The site on which any of the foregoing is located; b. All operations conducted on such site; and c. All premises used for such operations. 7. "Nuclear Reactor" means any apparatus designed or used to: a. Sustain nuclear fission in a self-supporting chain reaction; or b. Contain a critical mass of fissionable material. 8. With respect to injury to or destruction of property, the words "injury" or "destruction" include all forms of radioactive contamination of property. G. POLLUTION 1. To any liability arising a. Directly; b. Indirectly; 2. 530206 19 Copyright 9 2002 Allienz Global Reks US Insurance Company. All rights reserved. c. In concurrence, or in any sequence with a cause for which coverage maybe afforded by this policy; out of the actual, alleged or threatened existence, discharge, dispersal, seepage, migration, release or escape of Pollutants. To any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, Pollutants; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, or in any way responding to, or assessing the effects of, Pollutants. „, RlakManPg nugAD1vWm a �,r, ReMexED&pAPPRo/vm Br/. Of Risk Management Analyst Allianz ili It is the intent and effect of this exclusion G. to exclude any or all coverage afforded by this policy for any claim, action, judgment, liability, settlement, defense, or expense in any way arising out of the existence, discharge, dispersal, seepage, migration, release or escape of Pollutants. This exclusion applies: 1. Whether the existence, discharge, dispersal, seepage, migration, release or escape of Pollutants: a. Results from any Insured's activities or the activities of others; or b. Is sudden, gradual, accidental, intended, foreseeable, expected, fortuitous, or inevitable; and 2. Wherever or however the existence, discharge, dispersal, seepage, migration, release or escape of Pollutants occurs. H. LAWS -To any obligation of any Insured under a Law of: 1. Workers compensation; 2. Disability benefits; 3. Unemployment compensation; or Any similar law. UNINSURED MOTORISTS COVERAGE - To any sums any Insured is legally entitled to recover under any uninsured or underinsured motorists coverage or any similar coverage. SECTION V - CONDITIONS A. APPEALS - If any Primary Insurer elects not to appeal ajudgment that is in excess of the amount of the Primary Insurance or Other Insurance, we may elect to appeal. If we appeal, we will pay the expenses of such appeal. Such payments will not reduce our Limits of Insurance. LEA Y=111:I:i1J i CN 1 1. Bankruptcy or insolvency of any Insured or Insured's estate does not relieve us of our obligations under this policy. 2. If any Primary Insurer becomes bankrupt or insolvent, this policy: a. Does not replace such Primary Insurance; and b. Applies as though such Primary Insurance were available and collectible. C. CANCELLATION 1. The First Named Insured may cancel this policy by mailing or delivering advance written notice to us, or the agent or broker of record. The Policy Period will end on the effective date requested. 2. We may cancel this policy by mailing by first class or certified mail to the First Named Insured and to the agent or broker of record, at their last addresses known to us, written notice of cancellation stating the reason for cancellation, at least: a. Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or b. Sixty (60) days before the effective date of cancellation if we cancel for any other reason. 3. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the date of cancellation. 4. If this policy is cancelled, we will send the First Named Insured any premium refund due. a. If we cancel, the refund will be pro rata unearned premium. b. If the First Named Insured cancels, the refund may be less than pro rate. The cancellation will be effective even if we have not made or offered a refund. 530206 19 Copyright B 2002 Alllani Global Risks US Insurance Company. All rights reserved. e< wekManagemrnentvislon 3+ 5 is REVIEWED&APPROVED Or. ��--� Risk Managyr nt Analyst 5. A post office certificate of mailing or a certified mail receipt will be sufficient proof of mailing of notice. D. CHANGES -The First Named Insured is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by a written endorsement issued by us and made a part of this policy. E. CONFORMITY WITH LAWS -Any terms of this policy which are in conflict with the laws of the state or Canadian province where this policy is issued are amended to conform to such laws. F. DUTIES OF INSUREDS IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT You must see to it that: We are notified as soon as practicable: a. Of any Occurrence which may result in a claim under this policy, when the Occurrence is known to: (1) You, if you are an individual; (2) Your partner, if you are a partnership; (3) Your member, if you are a joint venture; (4) Your member or manager, if you are a limited liability company; or (5) Your officer or insurance manager, if you are an organization other than a partnership or joint venture; and b. If a claim is made or Suit is brought against any Insured. 2. Insureds: a. Cooperate with us in the investigation or settlement of any claim, or defense of any Insured against any Suit; b. Enforce any right, upon our request, against any person or organization which may be liable to any Insured because of injury or damage to which this policy applies; and c. Make no admission of liability, incur no expense other than first aid, and assume no obligation, without our consent. 3. In jurisdictions in which we are prevented from investigating, defending or settling a claim, or defending any Insured against any Suit, you must make or cause to be made such investigation, defense or settlement as may be reasonably necessary. However, settlement requires our prior written authorization. Also, you must see to it that Insureds continue to comply with their duty to cooperate in the defense. G. MAINTENANCE OF PRIMARY INSURANCE While this policy is in effect you agree: 1. To maintain Primary Insurance in full force, except forthe reduction of limits of insurance due to the payment of judgments or settlements; 2. The terms and conditions of Primary Insurance will not materially change; and 3. Renewals or replacements of Primary Insurance will not materially change from the expiring Primary Insurance. If you fail to comply with the above this policy shall apply as if Primary Insurance had been so maintained. H. PAYMENT OF LOSS UNDER THIS POLICY - This policy will not apply until the Insured or the Primary Insurer is obligated to pay the full amount of the Primary Insurance limits of insurance. When the amount of judgment or settlement has finally been determined, we will promptly pay on behalf of the Insured the amount of damages which falls within the terms of this policy. I. PREMIUM 1. The First Named Insured: a. Is responsible for the payment of all premiums; and 530206 19 Copyright © 2002 Alllanz Global Rlsks US Insmanoe Company. All righta reserved g�A, OOt gNEvleweo 'ovmB e� 1 �afYrieMC �"�. �!:AzlrnU.l Risk Management Analyst Allianz 0 b. Will be the payee for any return premiums. 2. The Advance Premium for this policy is shown in the Declarations. It is not subject to adjustment unless the Basis of Premium shown in the Declarations is other than: "flat charge". 3. If the Advance Premium is subject to adjustment, the earned premium will be determined at the end of our Policy Period. If the earned premium is: a. More than the Advance Premium, the First Named Insured will pay the excess to us; or b. Less than the Advance Premium, we will return to the First Named Insured the unearned portion. However, the earned premium is subject to the Annual Minimum Premium shown in our Declarations for each twelve (12) months of our Policy Period. J. TITLES OR CAPTIONS - The titles or captions used in this policy are solely for convenience or reference. They do not affect the provisions to which they relate. K. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY - Your rights and duties under this policy may not be transferred without our written consent. If you die, your rights and duties are transferred to your legal representative but only while they are acting within the scope of their duties as such. Until one is appointed, anyone having proper temporary custody of your property will have your rights and duties with respect to that property. L. SUBROGATION 1. If any Insured has rights to recover all or part of any payment we make under this policy, 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. 2. Any recoveries shall be distributed as follows: a. First, we shall, be entitled to recover to the extent of our payment; and b. Next, any remaining amounts shall be paid to the Primary Insurers or any other party to the extent of their payment. c. The expenses of the recovery will be distributed in proportion to the share of each party's recovery. But, if we conduct the recovery proceedings by ourselves: (1) We will pay all expenses; and (2) If we make a recovery, we will be reimbursed in full from the recovery for our expenses before the recovery is distributed. M. OTHER INSURANCE - If there is any Other Insurance available to any Insured, this policy applies excess of and does not contribute with such Other Insurance. However, this does not apply if the Other Insurance is specifically written to be excess over this policy. 530206 19 Copyright © 2002 Allianz Global Risks US Insurance Company. All rights reserved. �, WekManagernentDlWalon REVIEWED&APPROVED BY. sari 01 �� Risk @Innagement Analyst SECTION VI - DEFINITIONS A. Asbestos includes but is not limited to: asbestos, asbestos products, asbestos fibers, asbestos dust, and asbestos contained in products or materials. B. Named Insured means any person or organization shown in the Named Insured section of our Declarations. C. First Named Insured means the person or organization shown first in the Named Insured section of our Declarations. D. Insured means each of the following: 1. NAMED INSURED- Any person or organization shown in the Named Insured section of our Declarations. 2. NEWLY ACQUIRED OR FORMED ORGANIZATIONS- Any organization you newly acquire or form during our Policy Period that is an insured in Primary Policies. However, this policy does not apply to any injury, damage or Occurrence, which took place orwas committed before you acquired orformed the organization. 3. PERSONS OR ORGANIZATIONS INSURED IN PRIMARY POLICIES - Any person or organization that is an insured in Primary Policies. However, any person or organization that becomes an insured in Primary Policies after the inception date of our policy is an Insured on our policy only if, prior to the time of an Occurrence, you agreed in a written contract to provide such insurance as is afforded by this policy. E. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. F. Suit means a civil proceeding in which damages insured by this policy are alleged. The term includes: 1. An arbitration proceeding in which such damages are claimed and to which any Insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which any Insured submits with our consent. G. Occurrence has the same meaning as has the term 'occurrence" contained in Primary Insurance. But with respect to personal and advertising injury as defined in Primary Policies, the term means a personal and advertising injury offense. H. Other Insurance means insurance that is available to any Insured and covers damage to which this policy applies, other than: 1. Primary Insurance; or 2. Insurance that is specifically purchased by you to be excess of the insurance afforded by this policy. I. Primary Insurer means the insurer of the Primary Insurance or Other Insurance policies. J. Primary Policy, Primary Policies or Primary Insurance means the policy or policies of insurance shown in our Schedule of Primary Insurance. 530206 19 Copyright ® 2002 Alllanz Global Risks US Insurance Company. All rights resewed. Ride Management DMeion 8, Remo& APtPIVED Br. Risk Management Analyst Allianz ili California Amendatory - Cancellation Refund to the Named Insured 145981 CA 01 12 Policy Amendment The following provision is added and supersedes and replaces any provision contained in the Policy to the contrary. In accordance with California law, if this policy is cancelled, we (the Company) will send the first Named Insured any premium refund due. The refund, if any, will be computed on a pro rate basis. However, the refund may be less than pro rate if we (the Company) made a loan to you (the Named Insured) for the purpose of payment of premiums for this policy. The cancellation will be effective even if we (the Company) have (has) not made or offered a refund. All other terms and conditions of the policy remain unchanged. 145981 CA 0112 Copyright ©2011 Alllanz Global Risks US Insurance Company. All rights reserved. .n. RlakMnnagemrntDlWelnn r\ REV EVA= ArrRovm sr. cent � Ruk Management Anaryst E i - -7 Alk 1=00 Economic or Trade Sanctions Compliance-145985 0614 Policy Amendment The following is added to the Policy and replaces any other provision in the Policy addressing economic or trade sanctions: This insurance does not apply to the extent that economic or trade sanctions or other laws or regulations prohibit us (the Company) from providing insurance. All other terms and conditions of the policy remain unchanged. 145905 0614 Copydght ® 2014 Alllanz Global Risks US Insmance Company. All fights reserved. ms,„p Rlak Msnagelnalt DtWWon , N! Remy o&APPROVED Rr Risk Management Analyst Allianz ili Aircraft Exclusion 178301 1002 Policy Amendment - Excess Liability Policy The policy does not apply to any liability arising out of the ownership, maintenance, operation, use, entrustment to others, loading or unloading of any aircraft. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that Insured. All other terms and conditions of the policy remain unchanged. 178301 1002 Copyright© 2002 Alllanz Global Risks US Insumnos Company. All rights reserved. R®k MxnagelnenE DIV1910M1 o r��¢g rrREVIEWED&IAr1r,R,,O�VpIDBY. ;I1 21i.l� f nfikNM+C R,U'FN1esE iRisk Management Analyst Allianz ili Marinas, Boat Dealers, and Boat Yards Exclusions 178445 10 02 Policy Amendment - Excess Liability Policy The policy does not apply to any liability: A. Arising out of damage to any personal property of another, including but not limited to watercraft, while in the care, custody or control of any Insured; B. Arising out of the ownership, maintenance, operation, use, entrustment to others, loading or unloading of any watercraft while rented to another or while being prepared for, practicing for or used in any racing contest or stunting activity; This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that Insured; C. Arising out of acting as an insurance agent, broker or consultant or advising on or representing insurance coverages or matters of insurance; or D. Imposed on any Insured under the United States Longshoremen's and Harbor Workers' Compensation Act (USL&H) or the Federal Merchant Marine Act (Jones Act), including any changes or amendments thereto. All other terms and conditions of the policy remain unchanged. 1784451002 Copyright ® 2002 Altars Global Risks US Insurance Company, NI rights reserved. � n RlekManagemmE4lWetan 8���RwEwEo & APRRol By., 3 F4A.fYHAe �'. ftltan�E �'--�� Risk Management Analyst Allianz ili Claims -Made Coverage Amendment and Exclusion 178539 10 02 Policy Amendment - Excess Liability Policy COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ON A CLAIMS -MADE BASIS. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A. The following is added to SECTION I -EXCESS INSURING AGREEMENT, subsection A: However, if the coverage provided by the Primary Insurance applies on the basis of claims first made during the period of that policy, then this coverage only applies to those claims on the same basis and in a like manner, subsection 2. above does not apply to those claims, and the following conditions are added for those claims: 1. The date such claim is first made is during our Policy Period; 2. The injury or damage takes place on or after our Retroactive Date and prior to the termination of our Policy Period; and 3. Our Retroactive Date for claims -made coverage provided by this endorsement is: The Retroactive Date required to complete this form, if not shown above, will be shown in the Declarations. As used in this endorsement, the term 'Retroactive Date" means the date that is the earliest date on which the wrongful act, error or omission may first take place for coverage to apply. B. Limits of Insurance The following is added to SECTION III - LIMITS OF INSURANCE, subsection B: Ifthe applicable limit of insurance of Primary Insurance provides coverage on a claims -made basis our insurance shall apply in the same manner and the following also applies: 1. In no event shall the total limit of our liability exceed our Limits of Insurance shown in our Declarations for "each occurrence": and 2. If the limits of insurance shown on the Schedule of Primary Insurance have been reduced or exhausted by payments for claims first made against the Insured during our policy period for Occurrences which took place: a. After our Retroactive Date; and b. Prior to the termination of our Policy Period; then our policy shall apply in excess of such reduced or exhausted limits of insurance. C. DUTIES OF INSUREDS IN THE EVENT OF A CLAIMS -MADE CLAIM OR SUIT The following is added to SECTION V - CONDITIONS, F. DUTIES: 4. Not with standing anything to the contrary contained in this policy, notice of an Occurrence is not notice of a claim under that part of this policy that applies on the basis of claims first made against the Insured during the policy period. If a claim is made or a Suit is brought against any Insured covered underthis policy on a claims -made basis: a. All conditions of the Primary Insurance that require you to provide the insurerof the Primary Insurance with notice of claims or Suits also apply separately and distinctly to us with respect to any claim or Suit which may reasonably be expected to result in a claim against this policy; and b. You must give such notice to us on the same basis that you are to give notice to such insurer of Primary Insurance. D. Extended Reporting Period If our policy is terminated for any reason, and Primary Insurance provides cover Reporting Period for a claim, then we will provide an Extended Reporting Period in a li 178539 1002 Copyright © 2002 Allianz Global Risks US Insurance Company. All rights resewed. WnkManegMiumtDlWalon 3� f REVIEWED&APPR(IVm BY. � 10 " F44W,44 P. vi4SAAPF� Risk Management Analyst 1. The injury or damage takes place on or after our Retroactive Date and prior to the termination of this policy; and 2. Our Extended Reporting Period will not reinstate or increase the Limits of Insurance of this policy or extend our Policy Period; and 3. Our Extended Reporting Period will not apply for a longer time period than the shortest Extended Reporting Period provided by any Primary Insurance and will begin on the termination date of our Policy Period; and 4. If any Primary Insurance requires a written request from you in order for its Extended Reporting Period to apply to such claim, then: a. We must also receive a written request from you no later than sixty (60) days after the termination of this policy; and b. If the Extended Reporting Period is for a period of more than sixty (60) days, an additional premium will be required. You must promptly pay us the additional premium we require and it will be deemed fully earned at the time the Extended Reporting Period takes effect under this policy. E. Wrongful Acts Policy Exclusion This policy does not apply to any liability arising out of any criminal, malicious, fraudulent, intentional, knowingly wrongful, or dishonest, act or omission by any person or organization whether or not an Insured. This exclusion applies even if the claim or Suit alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any Insured. F. Contractual Liability Limitation This policy does not apply to any liability arising out of: 1. Any Insured's obligation to pay as damages by reason of any Insured's assumption of the liability of another person or organization in any contract or agreement for the rendering of or failure to render any professional service; or 2. Any breach of any contract, agreement, warranty, guarantee or representation. All other terms and conditions of the policy remain unchanged. 178539 1002 Copyright® 2002 Alllanz Global Risks US Insurance Company, All rights reserved. �, RlekMenagt tDWIun R+ Sr Ev1EwID &APPROVaJ Brp. �11 RUN N.�Mt Rv. ValFii itA4 " �' Risk Management Analpt Allianz ili California Amendatory 178547 01 12 CA Policy Amendment - Excess Liability Policy A. SECTION V -CONDITIONS, C. CANCELLATION, 2, is deleted in its entirety and replaced by the following: 2. We may cancel this policy by mailing by first class or certified mail to the First Named Insured and to the agent or broker of record, at their last addresses known to us, written notice of cancellation stating the reason for cancellation. If this policy has been in effect for: a. Sixty (60) days or less, notice will be sent at least: (1) Ten (10) days before the effective date of cancellation if we cancel for: (a) Nonpayment of premium; or (b) Discovery of fraud or material misrepresentation by: (i) Any Insured or his or her representative in obtaining this insurance; or (ii) You or your representative in pursuing a claim under this policy. (2) Sixty (60) days before the effective date of cancellation if we cancel for any other reason. b. More than sixty (60) days, or is a renewal of a policy we previously issued, notice will be sent at least: (1) Ten (10) days before the effective date of cancellation if we cancel for: (a) Nonpayment of premium, including premium due on a prior policy we issued and due during the current policy term covering the same risks. (b) Discovery of fraud or material misrepresentation by: (i) Any Insured or his or her representative in obtaining this insurance; or (ii) You or your representative in pursuing a claim under this policy. (2) Sixty (60) days before the effective date of cancellation if we cancel for: (a) Ajudgment by a court oran administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an actwhich materially increases any of the risks insured against. (b) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (c) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (d) A determination by the Commissioner of Insurance that the: (i) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or insolvency; or (ii) Continuation of the policy coverage would place us in violation of California law or the laws of the state where we are domiciled or threaten our insolvency. (a) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased, or changed risk is included in the policy. (f) A material change in limits, type or scope of coverage, or exclusions in one or more of the Primary Policies. 178547 01 12 CA Copyright© 2072 Allianz Global Risks US Insurance Company. All rights reserved. Risk MmWmertt DMsl= REVIEwm&APPRMID BY: L Risk Management Analyst Allianz Ali (g) Cancellation or nonrenewal of one or more of the Primary Policies where such policies are not replaced without lapse. (h) A reduction in financial rating or grade of one or more insurers, insuring one or more Primary Policies based on an evaluation obtained from a recognized financial rating organization. B. SECTION V -CONDITIONS, C. CANCELLATION, 4. is deleted in its entirety and replaced by the following: 4. If this policy is cancelled, we will send the First Named Insured any premium refund due. The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rate if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund. All other terms and conditions of the policy remain unchanged. 178547 01 12 CA Copyright 02012 Alllanz Global Risks US Insmence Company. All rlghls reserveri. �� RiakxAmagementnlWelan BEvEayED&APPRovED By., Rh Management Analyst 00 Allianz ili War Liability Exclusion 178557 12 02 Policy Amendment - Umbrella Policy - Excess Liability Policy Any War exclusion in this policy, or attached to this policy by endorsement, is hereby removed and replaced with the following: This policy does not apply to any liability arising, directly or indirectly, out of: A. War, including undeclared or civil war; B. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or C. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. All other terms and conditions of the policy remain unchanged. 17855712 02 Copyright© 2002 Alllanz Global Risks US Insurance Company. All rights reserved. �, Risk Manegnnenklxliden x f�e 5 FRENEWE�&APPROVI3JRY: sl 0 tiWk6 ^. �KdtWF4 01 Risk PAanagewnt Analyst Allianz it Fiduciary or Representative Liability Exclusion 178561 05 03 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising out of the ownership, maintenance or use, including all related operations, of property for which you are acting in a fiduciary or representative capacity. All other terms and conditions of the policy remain unchanged. 1785610503 Copyright ® 2003 Allianz Global Risks US Insuranoa Company, All rights resawed. a RlskManapanentDNlelan a REVIEWED&APPROVED Br. " �11 Fnuswa �. k" `✓ Risk Management Analyst Allianz ili Silica Particles Exclusion 178575 05 04 CA Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any claim or liability arising, in whole or in part, directly or indirectly out of, or which is in any way related to, the "Silica hazard". As used in this exclusion, the term "Silica hazard" includes, but is not limited to, the actual or threatened exposure to, inhalation of or contact with, silicon dioxide, silica, silica products, silica fibers, silica dust, any other silica byproducts, and silica, whether alone or in combination with any substance, product or material. Without limiting the foregoing, this exclusion applies to every injury, damage, loss, cost or expense otherwise covered by this policy, if any. All other terms and conditions of the policy remain unchanged. 178575 05 04 CA Copyright B 2004 Alllanz Global Rlsks US Insurance Company. All rights resawed. « RiakManagemeetDMalon REVIEWED & APPRovm ay: �" Risk Management Analyst Allianz el' Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism Coverage; Cap on Insurer Participation in Payment of Terrorism Losses (Pursuant to Terrorism Risk Insurance Act) 178587 01 15 Policy Amendment - Umbrella Policy - Excess Liability Policy This Endorsement is attached to and made part of your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act, as amended, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act, as amended ("certified acts of terrorism"). The portion of your premiumattributable to such coverage is shown in the policy Declarations. This premium is based on the rates in effect at the time of policy issuance or policy anniversary and was calculated for the full term of the current policy period. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning on January 1 2018; 81 % beginning on January 1, 2019 and 80% beginning on January 1, 2020 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act, as amended, exceed $100 billion in a calendaryear, the Treasury shall not make any payment for any portion of the amount of such losses that exceed $100 billion. C. Cap on Insurer Participation in Payment of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act, as amended, exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, as amended, then we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. Possibility of Additional or Return Premium The premium for "certified acts of terrorism" coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act, as amended. If the federal program terminates or if the level or terms of federal participation change, the premium charge for "certified acts of terrorism' as shown in the Declarations of this policy may also change. If this policy contains a Conditional Exclusion, continuation of coverage for "certified acts of terrorism," or termination of such coverage, will be determined upon disposition of the federal program, subject to the terms and conditions of the Conditional Exclusion. If this policy does not contain a Conditional Exclusion, coverage for "certified acts of terrorism" will continue. In either case, when disposition of the federal program is determined, we will recalculate the premium charge made for those acts of terrorism covered by the Terrorism Risk Insurance Act, as amended, that remain covered by this policy after the disposition of the federal program. We will calculate the premium charge as follows: 1. We will calculate the pro -rated premium shown in the Declarations for "certified acts of terrorism" from the effective date of your policy to the date of expiration or change of the federal program. 2. We will calculate the pro -rated premium charge for acts of terrorism that remain covered for the policy period that remains in effect from the expiration or change of the federal Program to the anniversary or expiration date of your policy. 3. We will add the amount determined in D.1. above to the amount determined in D.2. above. Such premium will be your revised annual premium for coverage for acts of terrorism. 178587 01 15 Copyright© 2015 Allianz Global Risks US Insurance Company. NI rlghls reserved Includes copyrighted material of Insurance Services Office , Inc., with its permission, a" lUalaManagemenLDlWelpn Sr )i REVIEWED & APPROVED BY: i� �Iaa�ctae �. V:E�aaeci Risk Management Analyst Allianz ill a. If the revised annual premium determined above is an additional premium, this additional premium may be waived by us for the remainder of the policy term. b. If the revised annual premium determined above is a return premium, we will refund this amount to you. All other terms and conditions of the policy remain unchanged. I T8587 01 15 Copyright© 2015 Allianz Global Risks US Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. �, „, RiekManugernentDivielon . �REVIEWED F APPROVED BY: OF Risk Management Analyst Abuse, Assault, and Molestation Exclusion 178701 0398 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any: A. Liability arising directly or indirectly out of any actual, alleged or threatened: 1. Sexual abuse, sexual assault, sexual molestation, sexual harassment or sexual misconduct; 2. Physical abuse, physical assault, physical battery; 3. Mental abuse; or 4. Child molestation; B. Injury to any person who is so abused, assaulted, battered, molested or harassed; or C. Liability for: 1. Failing to prevent or deter any of the above; or 2. Negligently hiring or supervising any persons who cause or contribute to any of the above. All other terms and conditions of the policy remain unchanged. 178701 03 98 Copyright 01998 Allianz Global Risks US Insurance Company. All rights reserved. $n. R7ekMvlagementDMelon g6�, I �f�, RenexEo & MPRovm Br. , fast wr•e P. (<anral Risk Management Analyst Allianz ili Cross Suits Exclusion 178730 03 98 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising out of a claim or Suit by one Named Insured, against another Named Insured. All other terms and conditions of the policy remain unchanged. 178730 03 98 Copyright B 1998 Miami Global Risks US Insurance Company. NI rights rsserved �'^' /: �' RlakManagementDIMI. REVIEVED & APPROVIED BY. r'4.[4fYrN�E h. VrK1VIFe4G Risk Managemen t Analyst of EMT MI( 01 Directors and Officers Exclusion 178740 0413 Policy Amendment - Umbrella Policy - Excess Liability Policy This policy does not apply to any liability arising out of any "wrongful act." As used in this endorsement, "wrongful act" means any actual or alleged error or misstatement or misleading statement or act or omission or neglect or breach of duty by any director, officer, trustee, governor, regent, commissioner, committee member, managing member or member of any board of managers or any board of directors, or any similar governing body, of any organization of any Insured in the discharge of their duties, individually or collectively, or any matter claimed against them solely by reason of being directors or officers. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the offense which caused the damages involved the rendering of or failure to render any professional service. All other terms and conditions of the policy remain unchanged. 170740 04 13 Copyright ® 2013 Alllanz Global Rlsk US Insurance Company. All rights reserved. ,7`yI"1 REVIEWED &APPROVED BY: RM Management Analyst Allianz Q Lead Exclusion 178771 0398 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising in whole or in part, out of or in any way related to "Lead". As used in this exclusion, the term "Lead" includes but is not limited to, lead, lead products, lead contained in paint, and lead contained in any products or materials. All other terms and conditions of the policy remain unchanged. 178771 03 98 Copyrlght®1998 Allianz Global Risks US Insurance Company. All nghls amerved. R1ek MmagviawA Dlvision + r % RE�BEWED&APPROVm By., ai� , � Rn Ew >as, �' Risk Management Analyst Professional Services Exclusion 178794 0413 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising out of the rendering of or failure to render any "professional' services. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the offense which caused the damages involved the rendering of or failure to render any professional service. As used in this endorsement, a "professional' service is one arising out of a vocation, calling, occupation, or employment involving specialized knowledge, labor, or skill. It also means relating to or characteristic of a learned profession that often requires special licensing by an agency or society with such authority. All other terms and conditions of the policy remain unchanged. 178➢94 0413 Copyright ® 2013 Alllanz Global Risks US Insurance Company. All rights reserved. Ali RlWED & APPRa VEMO on @REVIEWED&APPROVe7 RY: ------� Risk Management Analyst Allianz oli Watercraft Exclusion 178819 10 01 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising out of the ownership, maintenance, operation, use, entrustment to others, loading or unloading of any watercraft. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that Insured. All other terms and conditions of the policy remain unchanged. 17881g 10 01 Copyright © 2001 Alllanz Global Risks US Insurance Company. NI rights reserved. a S Risk Maro MDADMilun f REVIEWED&❑AP'PIRovED By. i`; F-11 rYNQ Y�iek�2�FG ��- Risk Management Analyst Allianz 'li Fungi or Bacteria Exclusion 178950 04 02 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to: A. Any claims or liability arising, in whole or in part, out of, resulting from, caused by, or in anyway related to "fungi" or bacteria; or B. The cost to test for, monitor, abate, mitigate, remove, dispose of or remediate "fungi" or bacteria. This exclusion applies regardless of any other cause, event, material, product or building component that contributed concurrently or in any sequence to such liability. However, this exclusion does not apply to bacteria that is, is on, or contained in, a good or product intended for human ingestion. "Fungi" is defined to include but is not limited to fungus, mildew, mold or resulting spores and byproducts, including mycotoxins or allergens. However, "fungi" does not include "fungi" intended for human ingestion. All other terms and conditions of the policy remain unchanged. 178950 N 02 Copyright 02002 Alllanz Global Rlaks US Insurance Company. All rights reserved. Risk MonagentenE DMston REvIEwEo&APPRCoYvym Br !�4lli4�llBP'�j �ARFC:T.0 �, Y+4eMtM. Fla Management Analyst Allianz ili Exclusion of Other Acts of Terrorism Committed Outside the United States 178980 01 15 Policy Amendment - Umbrella Policy - Excess Liability Policy A. The policy does not apply to any liability arising, directly or indirectly, out of any "other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the coverage territory. However, this exclusion applies only when one or more of the following are attributed to such act: 1. The total of insured damage to all types of property exceeds $2.5,000,000 (valued in US dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ; or 3. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an 'other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. As used in this endorsement: "Other act of terrorism" means a violent actor an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not certified as a terrorist act pursuant to the Terrorism Risk Insurance Act, as amended. Multiple incidents of an 'other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss or damage, which would otherwise be excluded under this Coverage Part or Policy. All other terms and conditions of the policy remain unchanged. 178980 01 15 Copyright @ 2015 Alllanz Global Risks US Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Offlce, Inc., with its permission. „ RIA MansgmneraDivislmt ym.�REVIEWED&AP`P`eReO//V�� DBY�. "�J Risk Management Analyst Exclusion of Punitive Damages Related to a Certified Act of Terrorism 178985 01 15 Policy Amendment - Umbrella Policy - Excess Liability Policy A. The policy does not apply to any damages arising, directly or indirectly, out of any "certified act of terrorism" that are awarded as punitive damages. B. As used in this endorsement, "certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, as amended, to be an act of terrorism pursuant to such Act, as amended. The criteria contained in the Terrorism Risk Insurance Act, as amended, for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributableto all types of insurance subject to the Terrorism Risk Insurance Act, as amended; and 2. The act resulted in damage: a. Within the United States (including its territories and possessions and Puerto Rico); or b. Outside the United States in the case of: (1) An air carrier (as defined in Section 40102 of title 49, United States code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States) regardless of where the loss occurs; or (2) The premises of any United States mission; and 3. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss or damage, which would otherwise be excluded under this Coverage Part or Policy. All other terms and conditions of the policy remain unchanged. 178085 01 15 Copyright © 2015 Manz Global Risks US Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Rlak Marlagxmlant D[Wslon `"' 7 REVIEWED&APPROr BW �-` Risk Management Analyst Allianz ila Sale and Disposal Liability Exclusion 178999 01 04 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising out of "lockout" or the sale, removal or disposition of "customer's" property as a result of "sale and disposal operations". The meaning of the terms "lockout", "customer" and "sale and disposal operations" contained in Primary Insurance applies to this policy. All other terms and conditions of the policy remain unchanged. 178990 01 04 Copyright O 2004 Alllam Global Risks US Insurance Company. All rights reserved. m RiskMmag>,mentDtvisiml REVIEWED APPROVED BY. J7vcwM.e+Rna Risk Management Analyst Violation of Statutes Exclusion (E-Mails, Fax, Phone Calls or Other Methods of Recording or Distribution of Material or Information) 179033 05 09 Policy Amendment - Umbrella Policy - Excess Liability Policy The policy does not apply to any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate: A. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or B. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or C. The Fair Credit Reporting Act (FCRA), and any amendment of our addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or D. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. All other terms and conditions of the policy remain unchanged. 179033 05 09 Copyright© 2009 Alliance Global Risks US Insurance Company. Al rights reserved. ,a, wekMm,agementotWelon &REVIEWED&APPROVED BY.' F4Apk,14 L R, V Rlsk Management Analyst Allianz ili Additional Policy Provisions 179051 1207 Policy Amendment — Excess Liability Policy A. SECTION II —DEFENSE AND EXPENSE OF CLAIMS AND SUITS, B. PAYMENT OF EXPENSES, subsection 1.c. (1) is replaced by the following: (1) Costs taxed against any Insured in the Suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. B. SECTION IV —EXCLUSIONS, D. EMPLOYMENT PRACTICES, is replaced by the following: D. EMPLOYMENT PRACTICES 1. To any liability arising out of any employment -related or personnel practices, policies, acts or omissions. This includes, but is not limited to: a. Refusal to employ; b. Termination of employment; c. Coercion, criticism, demotion, failure to promote, evaluation, reassignment, discipline, defamation, self -defamation, harassment, humiliation, discrimination, libel, slander, false arrest or imprisonment, violation of a person's right of privacy, or malicious prosecution; or d. Any consequential injury or damages as a result of a., b. or c. above. 2. This exclusion applies: a. To all claims, demands, charges, complaints or Suits by any person(s) or organization(s) for damages because of such injury or liability, including damages for care and loss of services, whether such injury -causing event occurs before employment, during employment or after employment; b. Whether any Insured may be held liable as an employer or in any other capacity either directly or indirectly related to employment; and c. To any obligation to share damages with or repay someone else who must pay damages because of such injury or liability. All other terms and conditions of the policy remain unchanged. 179051 1207 Copyright ® 2007 Allianz Global Rlsks US Insurance Company. All rights reserved. Riele -& RENEW�EMaAm gF44"el R. G tLwea@ Risk Management Analyst Communicable Diseases and Viruses - Absolute Exclusion 179054 09 07 Policy Amendment - Umbrella Policy - Excess Liability Policy This policy does not apply to any claim or liability arising, in whole or in part, directly or indirectly out of, or which is in any way related to any communicable disease, virus or any variant, strain, adaptation or mutation thereof. Without limiting the foregoing, this exclusion applies to every injury, damage, loss, cost or expense otherwise covered by this policy, if any. All other terms and conditions of the policy remain unchanged. 1790M 09 W Copyright ® 2007 Alllanz Global Risks US Insurance Company. All rights reserved. Rtek MrotagenumEDtylelan REVIEWED&MPROVM ev: `:�--� Risk Management Analyst Allianz ili Access or Disclosure of Confidential or Personal Information and Data -Related Exclusion 179087 05 14 Policy Amendment — Umbrella Policy — Excess Liability Policy This policy does not apply to any liability arising out of: A. Access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or B. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described above. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. All other terms and conditions of the policy remain unchanged. 179087 0514 Copylght02014 Alllam, Global Risks US Insurance Company. All rights resorved. � RlekMulagenlentDivieton EEREmle 6&pAP'PIR,,o�/v��m� By. p"MdtvW tc,, V ,(dr'Ea/G Risk Management Analyst I. l a 1- t f f IMF 1 About Allianz Your insurance company is part of the I` Allianz Group -an organization with - a I)5 year history of partnering with - clientsanddeliveringexceptional --' - Insurance products around the world. f. Allianz is the world's largest property & casualty insurance company by revenue and has one of the strongest financial ratings of the leading global property& casualry insurers. The - strength of its financial ratings and quality of its people make Allianz the insurer of choice for thousands of _ mid -size businesses and the majority of Global Fortune 500' companies. 1 Allianz is also ranked "one of the world's r most admired companies' by Fortune and "one of the top 100 global brands' by lnterbrand. I J agcs.alllanz.com