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HomeMy WebLinkAboutT-6056 - Certificate of Insurance - 12/5/2017 '4`R CE1 CERTIFICATE OF LIABILITY INSURANCE 1/16/20Y7 11/16/2017 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: It the Certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s). PRODUCER A E. Sally Hayes Beecher Carlson Insurance Services, LLC PHONE 303-996-5413 FAX Not; 8000 E. Maplewood Ave. PCsMAIL .shayes@beechercarlson.com Suite 350 INSURER 8 AFFORDING COVERAGE NAM k Greenwood Village CO 80111 INSURERA:Llo rds of Landon Underwriters INSURED INSURER B Wathen Castanos Peterson Homes, Inc. INSURER C.- Suite 103 1446 Tollhouse Rd. INSURER D: INSURER E: Clovis CA 93611 INSURER F; COVERAGES CERTIFICATE NUMBERAshlan Hayes REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN&R_ TYPE OF INSURANCE P CY NUMBER POLICY EFF PW ICDY EXPYyyJ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 A CLAIMS-MADE ❑x OCCUR TQPREMIS E RENTED n $ 100,000 X LCC000163 5/17/2017 5/17/2020 MED EXP(Arty oneperson) S excluded PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GEN ERALAOt3REGATE $ 2,000,000 X POLICY❑PRO- JECT F—]LOC OTHER: PRODUCTS-COMPop AGG $ 2,000,000 AUTOMOBILE LIABILITY I 1NGLE LIMIT $ E cider ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED AUTOS 1pROPE�a DAMAGE il $ A UMBRELLA LIAB X OCCUR LCCX-000112 5/17/2017 5/17/2020 EACH OCCURRENCE $ 3,000,00o X EXCESS LIAR CIAIMsA%oE AGGREGATE S 3,000,00o DED I RETENTION S WORKERS COMPENSATION - ,� -[r r; TR TE ❑ AND EMPLOYERS'LIABILITY Y/H ANY PROPRIETORIPARTHERIEXECUTIVE Aper ���; E,L.EACH ACCIDENT s OFFICERIMEMBER EXCLUDED? ❑ N/A - IMandat�ory In NH) ��) arI1VB11 II yyea,deecribe under I fd �� EL DISEASE-EA EMPLOYE S DESCRf TION OF OPERATIONS below Zr E.L DISEASE-POUCY LIMIT S 51 nW DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks hedu[e,may be attached H more space In required) Re: Subdivision Agreement for Tract 6056, Ashlar Hayea Project City of Fresno, its officers, officials, agents, employees and volunteers are additional insureds as respects to General Liability Insurance per attached CG2012 0509. This insurance is primary and any other insurance maintained by the additonal insured named on the endorsement is excess and non-contributory. THIS IS A PROJECT SPECIFIC POLICY LIMITS AVAILABLE TO THIS PROJECT ONLY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 Fresno Street ACCORDANCE WITH THE POLICY PROVISIONS, Room 1030 Fresno, CA 93721-3620 AUTHORIZED REPRESENTATIVE Sally Hayea/SALHAY 'J; ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: LCC-000163 COMMERCIAL GENERAL LIABILITY ENDORSEMENT: 1 CG 2012 05 09 EFFECTIVE DATE: 7/20/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: Commercial General Liability SCHEDULE State Or Governmental Agency Or Subdivision Or Polit€cal Subd€vision: City of Fresno 2600 Fresno Street Fresno, CA 93721 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include 2.this insurance does not apply to: as an insured any state or governmental agency or a. "Bodily injury", Property damage"or"Personal subdivision or political subdivision shown in the and advertsiing injury"arising out of operations Schedule, subject to the following provisions: performed for the federal government state or munioipailty;or 1. This insurance applies only with respect to opertions b. "Bodily injury"or"Property damage"included performed by you or on your behalf for which the state or within the"Produts-completed operations governmental agency or subdivision or political hazard". subdivision has issued a permit or authorization It is understood and agreed that in the event of a Claim or"gulf" arising out of the Named insured's Negligence,this Insurance shall be primary and any other Insurance maintained by the additional insured named as the Third Party above shall be excess and non-contributory. CG 20 12 05 09 Copyright, Insurance Services Offices, Inc., 1997 Page 1 WATHCAS-02 MMAZZA A�vRo CERTIFICATE OF LIABILITY INSURANCE F�A�JMMIDDNYYY)111161201 11/16/2017 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 endorsementts). PRODUCER License#OE02096 CONTACT NAME: DiBuduo&DeFendis Insurance Brokers,LLC PHO No,Ext): 559 432-0222 FAX P.O.Box 5479 L(AoRL ) (A/c,Ne):(559)431-7941 Fresno,CA 93755-5479 —ESSl INSURERLS AFFORDINGC VERA E NAIC9 INSURERAMationwide Mutual Insurance Company .23787 INSURED INSURER B:To a Insurance Company 18031 Wathen Castanos Peterson Homes,Inc. INSURERC: 802 W.Pinedale Ave.,Suite 104 INSURER D: Fresno,CA 93711 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION HUMBER: 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. 'NSR AboL SUER POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,INSET VND POLICY NUMBER IMMn)DAMry) iMMQDlyyYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE k CLAIMS-MADE �– OCCUR DAMAGE TO RENTED PREMISE5(Eat@r1 )A .$ MED EXP(Any one p®rsor�L_ S —= PERSONAL&ADV INJURY $ _GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -S POLICY JECT LOC PRODUCTS-COMPIOP AGG OTHERS — .. .._ _ S A AUTOMOBILE LIABILITY CO BINEAVJ.EDDISINGLE LIMIT 1.060,000 X ANY AUTO X ACP3027161509 01/01/2017 01/01/2018 9ODILYINJURY{____persarlI OWNED SCHEDULED BODILY INJURY tAvacddanl) s AUTOS ONLY AUpTNOpSy�/ p �� AUTOS ONLY AUTOS ONLY SPepscGdeYntAIHAGE S S B UMBRELLA LIAB X OCCUR 5,000,00 EACH OCCVRREIVE_ 5 X EXCESS LIAB CLAIMS-MADE X XLfi8069fi20 01101/20 1/01/2018 AGGREGATE 5 , 0,000 DED X RETENTION$ OI WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILrTY YIN RISK MANAGEMENT IN 1GM STATU,TF . ER _ AANNYCPROOPRIIETgO�R�IPARTNEWEXECUTIVE E.L.EACH_ACCIDENT :S.. [IlnAndetDrylnHH] CtUDEO? �� NSA g � PI� EA DISEASE-EA EMPLOYEE:S I descrihe under r1p roved 11�11{ut�' E.L.DISEA E-POLICY LIMIT ESCRIPTIONOf OPERATIONS t�elew Sign = / DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLESACORD 101,Additional Remarks Schedule, ay he attached If mora space la uimdl Re:WC Ashlan Hayes,LLC Tract No.6056 Sub Sion "Excess Liability goes over Auto Liability and Employers Liability(Work Comp)*" The City of Fresno,its officers,officials,employees,agents and volunteers are named Additional Insured as respects Auto Liability per attached blanket policy form AC70050316. Primary Wording applies to Auto Liability per attached blanket policy form CA00011013(pg 9 of12). r7e. Excess Liability follows form with its underlying policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cit of Fresno its officers,officials,employees,a ants THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ' g ACCORDANCE WITH THE POLICY PROVISIONS. and volunteers 2600 Fresno Street,RM 1030 Fresno,CA 93721 AUTHORIZED REPRESENTATIVE 1I4 4�5 ACORD 25(2016/03) C 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM i SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Bail Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee—Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts—Leased Private PassengerTypes O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense—Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension -�> V. Transfer of Rights of Recovery Against Others To Us W. Section IV—Business Auto Conditions—Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004049 COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified agreement referenced in the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to is any conflict between the provisions of this an additional insured shall be primary and endorsement and the provision(s)of any state- any other valid and collectible insurance avail- specific endorsement also attached to this poli- able to the additional insured shall be non- cy, then the provision(s) of the state-specific contributory with this insurance. If the written endorsement shall apply instead of the provi- contract does not require this coverage to be sions of this endorsement that are in conflict, primary and the additional insured's coverage to but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible insur- into conformance with the state requirement(s) ance available to the additional insured. i contained in the provision(s)of the state-specific endorsement. E. SUPPLEMENTARY PAYMENTS — BAIL B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS The Named Insured shown in the Declarations is Supplementary Payments of SECTION II — amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows: venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds(including which you maintain ownership or majority (more bonds for related traffic law violations) i than 50%) interest; if there is no other similar in- required because of an "accident"we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision is afforded until the 180`h F. SUPPLEMENTARY PAYMENTS — LOSS OF day after you acquire or form the organization or EARNINGS the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED Supplementary Payments of the SECTION II — AUTOS COVERED AUTOS LIABILITY COVERAGE is revised as follows: The following is added to paragraph A.1. Who Is (4) All reasonable expenses incurred by the "in- An Insured of SECTION II — COVERED AUTOS sured" at our request, including actual loss LIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" time off from work. while using a covered"auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF hire or borrow in your business or your per- OTHERS EXTENSION sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, 1. The. Care, Custody or Control Exclusion of PERMIT OR AGREEMENT SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION II — COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage Any person or organization that you are re- is excess over any other valid and collectible quired to name as an additional insured in a insurance. written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION III — "property damage" occurrence is an "insured" PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such c. We will pay up to $500 for your property that is lost or damaged as a result of a person or organization is an insured only to covered "loss", without applying a de- the extent that person or organization qualifies le. Coverage i as an "insured" under A.1. Who is an Insured of other excess over any o SECTION II — COVERED AUTOS LIABILITY other valid and collectible insurance. COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004050 COMMERCIAL AUTO AC 70 05 03 16 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that The following paragraph is added to SECTION II is out of service because of its: — COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: C. Servicing; (7) Prejudgment interest awarded against the d. "Loss";or "insured" on that part of the judgment we pay. If we make an offer to pay the appli- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS,AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION II 1. We will pay up to: — COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own of replaced as follows; the private passenger type, or A. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own that the"insured"arising out of and in the course of the fellow "employee's" employment or is not of the private passenger type, while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "insured" who occupies a er, the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered"auto" designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one "au- Collision Coverages. to" you own is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered"auto". coverages provided are extended to "autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max- up to a limit of$100,000. The deductible will be imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties,for your covered"auto"less: owned auto for that coverage. Any Compre- a. The amount paid under SECTION III — hensive deductible does not apply to fire or lightning. PHYSICAL DAMAGE COVERAGE of K. TEMPORARY SUBSTITUTE AUTOS — this policy; and PHYSICAL DAMAGE COVERAGE b. Any: The following is added to paragraph C. Certain 1) Overdue lease/loan payments at the Trailers, Mobile Equipment And Temporary time of the"loss"; Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physi- lessor; cal Damage Coverage: 4) Costs of extended warranties, Credit Any "auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004051 COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous No deductible applies to glass if the glass is re- leases. paired, in a manner acceptable to us, rather than 2. This coverage only applies to a "loss"which replaced. is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered"au- Collision coverage. to" for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- "auto"Is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto"because of"loss"to a covered "auto". PARTS — LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION III — PHYSICAL DAMAGE apply to this coverage. COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred 4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the"loss"and ending, regardless of the ger type covered "auto" where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days: least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered The following are added to the Deductible provi- "auto"and return it to you. sion of SECTION III — PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form issued by following amounts: this company applies to the same"accident", the a. Necessary and actual expenses following applies: incurred. 1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve"autos"available to you the smaller(or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" involves amount of your rental reimbursement ex- two or more covered "autos", only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III — PHYSICAL DAMAGE applied to the"accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q. EXPANDED TRANSPORTATION EXPENSE applies if you carry Comprehensive or Specified Paragraph AA.a. of SECTION III — PHYSICAL Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow- and does not extend coverage to any covered "autos" for which you do not carry such ing: coverage. We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004052 i COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. ment manufacturer or other sources in- We will only pay for those covered "autos" for cluding non-original equipment manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment. when the covered"auto"is returned to use or we pay for its"loss". 5. If we offer to pay the actual cash value of the damaged or stolen property, we will R. EXTRA EXPENSE—STOLEN AUTOS value auto advertising wraps, paint customi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to $5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto" to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition. S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III — PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III — PHYSICAL is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident"is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a"new vehicle." or stolen property as of the time of the In the event of a total "loss" to your new ve- "loss", or hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle" purchase 2. $1500 is the most we will pay for "loss" in price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the time of"loss", is: b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers'dealership;or . b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment;or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total "loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip- AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004053 COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements U. PHYSICAL DAMAGE COVERAGE applies only when the "accident' or EXTENSIONS "loss"is known to: Under SECTION III — PHYSICAL DAMAGE (1) You, if you are an individual; COVERAGE, A. Coverage, Coverage Exten- (2) A partner, if you are a partnership; sions, b. Loss of Use Expenses is replaced by (3) A member, if you are a limited liability the following: company;or b. Loss of Use Expenses (4) An executive officer or insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an "insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or "suit' will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or"suit' is known (1) Other than collision if the Declarations to: indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered"auto"; (2) A partner, if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liability company;or Causes of Loss Coverage is provided (4) An executive officer or insurance for any covered"auto";or manager, if you are a corporation. (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto." X. HIRED CAR—COVERAGE TERRITORY However, the most we will pay for any Item (5) of the Policy Period, Coverage Territory expenses for loss of use is $50 per day, to a GeneralConditionss replaced by the following: maximum of$1,500.The insurance provided (5) Anywheren theworldif a covered"auto' is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driverfor a period of 30 days or less;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered "auto' subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any "accident' be- covered "auto' and you are unable to enter cause of payments we make for damages such"auto' , or under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto' as a re- OCCURRENCE sult, SECTION IV— BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004054 COMMERCIAL AUTO AC 70 05 0316 4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of Z. CANCELLATION CONDITION cancellation at least 60 days before the ef- fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION — CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion. AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission ACP BA 30-2-7161509 L80N R 17089 INSURED COPY AC7005031600 0001 47 0004055 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto'you don't stolen property; own, the insurance provided by this b. Return the stolen property, at our expense. Coverage Form is excess over any other We will pay for any damage that results to collectible insurance. However, while a the"auto"from the theft; or covered "auto" which is a "trailer" is connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered"auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is o e " organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we 2. Concealment, Misrepresentation Or Fraud will pay only our share. Our share is the This Coverage Form is void in any case of proportion that the Limit of Insurance of our fraud by you at any time as it relates to this Coverage Form bears to the total of the Coverage Farm. It is also void if you or any limits of all the Coverage Forms andpolicies covering on the same basis. other "insured", at any time, intentionally conceals or misrepresents a material fact 6. Premium Audit concerning: a. The estimated premium for this Coverage a. This Coverage Form; Form is based on the exposures you told us b. The covered"auto"; you would have when this policy began.We will compute the final premium due when c. Your interest in the covered"auto";or we determine your actual exposures. The d. A claim under this Coverage Form. estimated total premium will be credited 3. Liberalization against the final premium due and the first Named Insured will be billed for the If we revise this Coverage Form to provide balance, if any. The due date for the final more coverage without additional premium premium or retrospective premium is the charge, your policy will automatically provide date shown as the due date on the bill. If the additional coverage as of the day the the estimated total premium exceeds the revision is effective in your state. final premium due, the first Named Insured 4. No Benefit To Bailee—Physical Damage will get a refund. Coverages b. If this policy is issued for more than one We will not recognize any assignment or grant year, the premium for this Coverage Form any coverage for the benefit of any person or will be computed annually based on our organization holding, storing or transporting rates or premiums in effect at the beginning property for a fee regardless of any other of each year of the policy. provision of this Coverage Form. CA 00 01 1013 ©Insurance Services Office, Inc., 2011 Page 9 of 12 ACP BA 30-2-7161509 L80N R 17089 INSURED COPY CA0001101300 0001 47 0004034 ACR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/2/2017 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). PRODUCERNTAC7 Arthur J. Gallagher& Co. P,A,MeONE Nicole Caske. FAx Insurance Brokers of CA. Inc Lic #0726293 _(Arc,.Nn.Exu 559 256 6517MOIR 45 E. River Park Place W, Ste 605 Ap RE53:Nicole_Caskey@ajg.com Fresno CA 93720 iNSURERM AFFORDING COVERAGE NAICo INSUItERA.-CYPreSS Insurance Company CA 10855 INSURED WATHCAT-01 INSURER B: Wathen Castanos Peterson Homes, Inc. INSURERC: 802 W. Pinedale Suite 104 Fresno CA 93711 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:458774144 REVISION NUMBED: 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 INSRTYPE OF INSURANCE —fAODL SUBRI POLICY EFF P40LICY EXP LTR i INSO WVD POLICY NUMBER iMMtDDIYYYY1 (MWDDNYYYL LIMITS COMMERCIAL GENERAL LIABILITY 41S M,I]N�t' RI EACH OCCURRENCE $ CLAIMS-MADE F7OCCUR 9V1� n I , I3AMx 5 1Mw $ -MEM A proV d w' 69 LJ 1 MED EXP An oneet!29 $ "! �J -PERSON"A I Y $ GEN'L AGGREGATE LIMIT APPLIES PER: L RELATE $ POLICY PRO ❑ PRODUCTS-COMPIOPAGG $ JECT LOC _ OTHER: s. .4 N1 D AUTOMOBILE LIABILITYcdd IN LIMIT $ _(Ee a ) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED AUTOS ONLY AUTOS ONLY $Per amdert UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED i I RETENTIONS S A WORKERS COMPENSATION WAWC805348 1/1/2017 1/1/2018 AND EMPLOYERS'LIABILITY YIN X PER STATUTE I I ERN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERJMEMQER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $1,000,000 (Mandatoryfchat in and EL.DISEASE-EAEMPLD $1,000.000 II ye8,descnte under OESCRIPTiDN OF OPERATIC NS below E L.DISEASE-POLICY LIMIT 1 S 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Waiver of Subrogation applies to certificate holder, as respects to the Workers Compensation policy. RE:ACP Tract 6056 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2600 Fresno Street,ROOM 4064 ACCORDANCE WITH THE POLICY PROVISIONS. Fresno CA 93721-3620 AUTHORIZED REPRESENTATIVE Gam% ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04106 (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement Is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 1992.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 01-01-2017 Policy No. WAWC805348 Endorsement No. Insured Premium$ Insurance Company Cypress Insurance Company Countersigned by WC 99 04 10B (Ed.9-14) NOTICE: 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT N THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357 OR INTERNET WEB SITE WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU MAY ALSO CONTACT THE NAIC'S INTERNET WEB SITE AT WWW.NAIC.ORG. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF i APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV. 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. D-2 (Effective January 1, 2017) POLICY NUMBER: LCCX-000112 COMMERCIAL GENERAL LIABILITY ENDORSEMENT: 2 CG 20 12 05 09 EFFECTIVE DATE: 7/20/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided underthe following Excess SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Fresno 2600 Fresno Street Fresno, CA 93721 i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11—Who Is An Insured is amended to include 2 this insurance does not apply to: as an insured any state or governmental agency or a. "Bodily injury", Property damage" or"Personal subdivision or political subdivision shown in the and advertsiing injury"arising out of operations Schedule, subject to the following provisions: performed for the federal government state or municipality; or 1.This insurance applies only with respect to opertions b. 'Bodily injury"or"Property damage" included performed by you or on your behalf for which the state or within the"Produts-completed operations governmental agency or subdivision or political hazard" subdivision has issued a permit or authorization It is understood and agreed that in the event of a Claim or"suit",this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party above shall be excess and non-contributory. CG 20 12 05 09 Copyright, Insurance Services Offices, Inc., 1997 Page 1 "The cost of the insurance coverage provided herein ir}cludes a fee to a wholesale intermediary in addition to the premium charges.'$,�),,;t3a_t]� LLOYD'S _ Excess Liability Policy PIONEER PROGRAMS INSURANCE SOLUTIONS,LLC One Lime Street London EC3M 711A Policy Number: LCCX-000112 This Declarations page is attached to and forms part of the Commercial General Liability Policy[form LLOYDS-EX] Please Read The Policy Carefully. In reliance on the representations and warranties made by you In the application for this insurance and any supplementary materials submitted therewith, and in consideration of the deposit premium to be paid by you on or before the effective date of this policy, and your future payment by the date due of any installment premiums and/or other premiums due under the policy, all such payments to be made to us, or to our authorized representative, In valid funds, it is agreed that we wlli provide you with the insurance described herein, subject to the limits, terms, exclusions, and conditions of the policy and any endorsements thereto. [1]Named Insured and Mailing Address premium $67,155.00 Wathen Castanos Peterson Homes,Inc. Broker Fee $2,500.00 802 Pinedale,Suite 104 Surplus Lines Tax $2,014.65 Fresno,CA 93710 Stamping Office Fee $134.31 Tota 1 $71,803.96 [2]Policy Period From 1 17 to 05/17/2020 all days at 12:01 a.m. standard time at your mailing address shown above [3]Company Insurance Is provided by certain UNDERWRITERS AT LLOYD'S,LONDON: Market Reference Number. B 1333ECB 150122 Syndicate Perce ntaae Chaucer 1084 32.92% Renaissance Re 1458 30.18% Aspen Re 4711 16.46% Liberty 4472 14.27% Barbican 1955 06.17% [4]Coverage LIMITS OF INSURANCE: COVERAGE IS PROVIDED ONLY IF A LIMIT IS SHOWN BELOW General Aggregate Limit. $ 3,000,000 Products-Completed Operations Aggregate Limit.................... $ 3,000,000 Each Occurrence Limit.. . . $ 3,000,000 �5�Premium Computation Premium......................................................................... $ 67.155.00 Policy Minimum Premium................................................... $ 16,788.75 Premium charge for coverage of certified acts of terrorism.. $ OR NA Coverage for certified acts of terrorism has been rejected TOTAL POLICY PREMIUM $ 67,155.00 3.000% California State Tax $ 0.200% California Stamping Fee $ TOTAL $ 67,155.00 Estimated Exposure Rate Base $20.300.000 Rate: $3.3081 Per$1000 of Total Cost SCHEDULE OF UNDERLYING INSURANCE See Schedule A—Schedule of Controlling Underlying Insurance INCONSIDERATION OF T14E PAYMENT OF THE PREMIUMS,AND SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY,WE AGREE TO PROVIDE THE INSURED WITH THE INSURANCE AS STATED IN THIS POLICY.THESE DECLARATIONS TOGETHER WTH THE COMMON POLICY CONDITIONS,COVERAGE FORM(S)AND ENDORSEMENTS ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE REFERENCED POLICY. XS100 Pioneer Programs 1201 S.Lake Avenue, Suite 806 1 Pasadena,CA 91101 Page 1 of 2 NO FLAT CANCELLATIONS PERMfiTED LLOYD'S Excess Liability Policy AIONF:FR PROGRAMS INSURANCE SOLUTIONS,LLC One Lime Street London EC3M 7HA Policy Number: LCCX-000112 DECLARATIONS PAGE(continued) ADDITIONAL NAMED INSUREDS: WC Ashlan Hayes,LLC IN THE EVENT OF A CLAIM UNDER THE INSURANCE DESCRIBED IN THIS POLICY, PLEASE NOTIFY: PREMIER CLAIMS MANAGEMENT, LLC 2020E NORTH TUSTIN AVE. SANTA ANA,CA 92705 P.888-683-2266 IMPORTANT!Please carefully examine your policy as it may contain significant coverage modifications or exclusions. IF this policy Is a renewal,it may not contain the same precise terms and conditions as the prior policy. Dated at 05/17/2017 PIONEER PROGRAMS INSURANCE SOLUTIONS,LLC By 464,,hman President&CEO (Authorized Representative of Correspondent) XS 100 Pioneer Programs 1201 S. Lake Avenue, Suite 806 1 Pasadena,CA 91101 Page 2 of 2 i Policy No.: LCCX-000112 EXTENSION OF DECLARATIONS ENDORSEMENTS FORM NUMBER FORM DESCRIPTION COMMERCIAL GENERAL LIABILITY 175 CA SLA D-2 010117 CA SLA Form D-2 145 XS100 090116 XS Declaration Page 004x DEC-EX-2-14-XS 060515 XS Schedule of Forms 174xs LSW1001 022616 Several Liability Notice 146 Schedule Lloyds-UL 012015 schedule of Controlling Underlying Limits 147 LLOYDS - EX 021315 Excess Liability Coverage Form 153 SGL26 03 13-XS 022217 Named Insured Endorsement 151 SGL2-2 01 17 XS 010317 Minimum Premium (25%, 18 mths) , Premium Audit and Minimum Retained Premium THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONSAND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. IN CONSIDERATION OF THE PAYMENTOF THE PREMIUMS,AND SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY,WE AGREE TO PROVIDE THE INSURED WITH THE INSURANCE AS STATED IN THIS POLICY. THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE FORM(S)AND ENDORSEMENTS ISSUED TO FORM A PARTTHEREOF,COMPLETE THE ABOVE REFERENCED POLICY. DEC-EX-2-14-XS Page 1 of 1 SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. LSW 1001 (Insurance)08194 SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This Schedule forms a part of your Policy No. LCCX-000112 Coverage only applies in excess of those policies and limits scheduled below: B.Commercial General Insurance Company: Certain Underwriters at Lloyds ® Primary ❑ Excess Liability Effective from: 05/17/2017 to 05/17/2020 Policy Number: LCC-000163 $2,000,000 General Aggregate Limit(Other than ProdlCompleted Ops) $2,000,000 Prod/Completed Ops Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Each Occurrence Limit Coverage Trigger: ®Occurrence ❑Claims Made Defense Costs: ❑Within Limits ®Outside Limits Schedule LLOYDS - UL Page 1 EXCESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Policy the words"you"and"your"refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as a Named Insured under this Policy.The words"we,""us"and"our"refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the "Controlling Underlying Insurance." Other words and phrases that appear in quotation marks in this Policy have special meaning. Refer to Section IV — Definitions. Other words and phrases that are not defined under this Policy but defined in the "controlling underlying insurance"will have the meaning described in the Policy of"controlling underlying insurance." The insurance provided under this Policy will follow the same provisions, exclusions and limitations that are contained in the applicable"controlling underlying insurance," unless otherwise directed by this insurance To the extent such provisions differ or conflict, the provisions of this Policy will apply However, the coverage provided under this Policy will not be broader than that provided by the applicable"controlling underlying insurance." There may be more than one"controlling underlying insurance" policy listed in the Declarations and there may be terms and provisions in those respective policies which are in conflict, and which are not superseded by the provisions of this Policy. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" policy applicable to the particular"event"for which a claim is made or"suit"is brought will apply. SECTION I—COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" that you become legally obligated to pay as damages because of"bodily injury,""property damage,"and"personal and advertising injury" to which this insurance applies at the "Designated Project(s)" provided "controlling underlying insurance" also applies or would apply but for the exhaustion of its applicable Limits of Insurance; We will have the right to participate in the defense of claims or"suits"against you seeking damages because of "bodily injury," "property damage," "personal and advertising injury" to which this insurance may apply. We will have a duty to defend such claims or"suits"when the applicable limit of insurance of the-"controlling underlying insurance" has been exhausted by payment of judgments, settlements, and any cost or expense subject to such limit of insurance. We may, at our discretion, investigate or settle any"suit". However, vve will have no duty to defend the insured against any "suit" seeking damages for which insurance under this Policy does not apply But: (1) The amount we will pay for"ultimate net loss" is limited as described in Section II — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this Policy. However, if the policy of"controlling underlying insurance" specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settlements under this Policy b. This insurance applies to "ultimate net loss" that is subject to an applicable "retained limit." If any other limit, such as a sublimit, is specified in the"controlling underlying insurance,"this insurance does not apply to "ultimate net loss" arising out of that other limit, unless that limit is specified in the Declarations under the Schedule of "controlling underlying insurance." C. Any additional insured under any policy of"controlling underlying insurance" will automatically be an additional insured under this Policy. 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 required by the contract, less any amounts payable by any "controlling underlying insurance." Additional insured coverage provided by this insurance will not be broader than coverage provided by the"controlling underlying insurance." LLOYDS-EX(02115) Page 1 of 10 d. This insurance applies to"ultimate net loss" in excess of the "retained limit"that you become legally obligated to pay as damages because of"bodily injury," "property damage," "personal and advertising injury" only if, prior to the policy period, no insured listed under—Who Is an Insured in any"controlling underlying insurance" and no employee authorized by you to give or receive notice of an occurrence or claim, knew that the "bodily injury," "property damage,""personal and advertising injury" had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the "bodily injury,""property damage," "personal and advertising injury" occurred, then any continuation, change or resumption of such "bodily injury," "property damage,""personal and advertising injury" during or after the policy period will be deemed to have been known prior to the policy period. e. "Bodily injury," "property damage," and "personal and advertising injury" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under—Who Is An Insured in any "controlling underlying insurance," or by any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that"bodily injury," "property damage," and"personal and advertising injury"after the end of the policy period. g. "Bodily injury," "property damage,"and "personal and advertising injury"will be deemed to have been known to have occurred at the earliest time when any insured listed under — Who Is An Insured in any "controlling underlying insurance"or any employee authorized by you to give or receive notice of an occurrence or claim: (1) Reports all, or any part, of the damages because of"bodily injury," "property damage," or"personal and advertising injury"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of"bodily injury," "property damage," or"personal and advertising injury"; or (3) Becomes aware by any other means that'bodily injury," "property damage," or"personal and advertising injury"has occurred or has begun to occur. h. Subject to Section II — Limits of Insurance paragraph 6 below and the terms and conditions of the "controlling underlying insurance"and this Policy, this insurance applies to"ultimate net loss" in excess of the"retained limit" that you become legally obligated to pay as damages because of "bodily injury" and "property damage" if the "bodily injury"or"property damage"occurs after the policy period but: (1) Within 10 years of the substantial completion of the development, construction or improvement of real property on the project; or (2) Within the statute of limitations in the state in which the covered exposure is located,whichever is less. The substantial completion of the development shall commence on one of the following dates, whichever occurs f rst: (1) The date of final inspection by the applicable public agency; (2) The date the valid notice of completion was recorded; (3) The date of use or occupation of the improvement; or (4) One year after termination or cessation of work on the improvement. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Policy. In addition, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Policy. Insurance provided under this Policy does not apply to: a. Policy Period Limitation Any claim for damages covered by "controlling underlying insurance" during any period of time prior to or subsequent to the policy period of this Policy. LLOYDS-EX Page 2 of 10 b. Prior Notice Any claim for damages based on or directly or indirectly arising out of any matter, fact, circumstance, situation, transaction, "occurrence", "bodily injury," "property damage," or "personal and advertising injury" when notice thereof has been given to any insurer prior to the effective date of this Policy. C. Renewed Or Replacement "Controlling Underlying Insurance" Any claim for damages covered under a renewed or replacement policy of"controlling underlying insurance'that would not have been covered by the "controlling underlying insurance"that\vas in force at the inception of this Policy, unless coverage therefore has been provided by endorsement to this Policy. d. Sublimits In "Controlling Underlying Insurance" Any claim for damages that is covered under a sublimit of any "controlling underlying insurance" or would have been covered but for the exhaustion of the sublimit of liability of the"controlling underlying insurance." e. Terrorism Any "bodily injury," "property damage," or "personal and advertising injury" caused directly by or as a consequence of a "certified act of terrorism" or "other act of terrorism," including any action not otherwise excluded under the War and Military Action exclusion that is taken by a government or sovereign power (de jure or de facto) in controlling, preventing, suppressing, retaliating against or in any way responding to a"certified act of terrorism" or "other act of terrorism." Such damages because of "bodily injury," "property damage," or "personal and advertising injury" is excluded regardless of any other cause or "occurrence" that contributes concurrently or in any sequence to the loss, even if the act of a "certified act of terrorism" or "other act of terrorism," that causes or results in the "bodily injury," "property damage," or "personal and advertising injury" itself is itself a cause of loss that is otherwise insured against under this Policy. f. War "bodily injury," "property damage," or "personal and advertising injury", however caused, arising, directly or indirectly,out of: (1) War, including undeclared or civil war; (2) 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 (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Workers'Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II—LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of: (a) Insureds, (b) Claims made or"suits"brought; (c) Persons or organizations making claims or bringing"suits"; or (d) Limits available under any"controlling underlying insurance"and/or"underlying insurance." 2. The Limits of Insurance as shown in the Declarations will apply as follows: (a) This insurance only applies in excess of the"retained limit." (b) The General Aggregate Limit stated in the Declarations is the most we will pay for: 1. The sum of all "ultimate net loss" for all covered damages for "bodily injury" and "property damage' except "ultimate net loss"arising out of damages included in the"products-completed operations hazard"; and LLOYDS-EX Page 3 of 10 2. The sum of all"ultimate net loss"for all covered damages for"personal and advertising injury." (c) The Products-Completed Operations Aggregate Limit stated in the Declarations is the most we will pay for the sum of all "ultimate net loss"for all "bodily injury"or"property damage" included within the "products-completed operations hazard" (d) The General Aggregate Limit and the Products-Completed Operations Aggregate Limit only applies to "bodily injury" or "property damage" and "personal and advertising injury" that is subject to an aggregate limit of insurance under the"controlling underlying insurance" (e) Subject to Paragraph 2.(b)and 2.(c) above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under this Policy because of all "bodily injury," "property damage," "personal and advertising injury"arising out of any one"occurrence". (f) If the Limits of Insurance of the"controlling underlying insurance"are reduced by defense expenses by the terms of that policy, any payments for defense expenses we make will reduce our applicable Limits of Insurance in the same manner. (g) Subject to Paragraph 2.(b)above,the"personal and advertising injury"limit stated in the Declarations is the most we will pay for the sum of "ultimate net loss" for covered damages because of all "personal and advertising injury"sustained by any one person or organization 3. If any policy period of the"controlling underlying insurance" begins prior to, or extends beyond the policy period of this Policy, payment of losses covered by the "controlling underlying insurance" for damages because of "bodily injury," "property damage," or"personal and advertising injury"occurring before or after the policy period of this Policy shall not be deemed to reduce or exhaust the Limits of Insurance of the"controlling underlying insurance." 4. The Aggregate Limits of the"controlling underlying insurance,"where applicable, shall be unimpaired at the attachment date of this Policy, and for the purpose of this insurance only, damages because of"bodily injury," "property damage," or"personal and advertising injury"to which this insurance applies, taking place during the term of this Policy, shall be considered in determining the extent of any exhaustion of the"controlling underlying insurance"aggregate limits. 5. Two or more claims arising out of the same, related or continuing "occurrence" resulting in damages because of"bodily injury," "property damage," or "personal and advertising injury' shall be considered a single "occurrence" for the purposes of the Each Occurrence Limit. The damages because of"bodily injury," "property damage," or"personal and advertising injury"shall be deemed to have occurred at the time the first such damages occurred 6. The General Aggregate Limit, and the Products-Completed Operations Aggregate Limit, apply for the entire policy period as set forth in the"controlling underlying insurance"and constitute the maximum we will pay regardless of: (a) The length of time of the policy period; (b) The length of time such"bodily injury"or"property damage"occurs after the expiration date of this policy, or (c) The number of"occurrences", claimants, insureds, claims, "suits" or causes of such "bodily injury" or"property damage",even if such"bodily injury"or"property damage"is continuous and progressively worsening. SECTION III—CONDITIONS The following conditions apply In addition, the conditions applicable to any "controlling underlying insurance" are also applicable to the coverage provided under this Policy unless superseded by the following conditions. 1. Appeals If the"underlying insurer"or insured elects not to appeal a judgment in excess of the amount of the "retained limit,"we may do so at our own expense We will also pay for taxable court costs, pre and post judgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II —Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Or Insolvency Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Policy LLOYDS-EX Page 4 of 10 b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the"underlying insurer"will not relieve us of our obligations under this Policy. However, insurance provided under this Policy will not replace any "underlying insurance" in the event of bankruptcy or insolvency of the"underlying insurer."The insurance provided under this Policy will apply as if the "underlying insurance"were in full effect and recoverable 3. Cancellation a. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium, or (2) 30 days before the effective date of cancellation if we cancel for any other reason C. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. e. If this Policy is cancelled, we will send the first Named Insured any premium refund due If we cancel, the refund will be pro rata If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Policy with our consent. This Policy's terms can be amended or waived only by endorsement. 5. Duties In The Event Of A Claim, "Occurrence," Or"Suit" a. You must see to it that we are notified as soon as practicable of an "occurrence," regardless of the amount, which may result in a claim under this Policy. To the extent possible, notice should include: (1) How,when and where the"occurence"took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any damage because of"bodily injury'' or"property damage" arising out of the "occurrence." b. If a claim is made or"suit"is brought against any insured, you must: (1) Immediately record the specifics of the claim or"suit"and the date received; and (2) notify us as soon as practicable You must see to it that we receive written notice of the claim or"suit"as soon as practicable. C. You and any other insured involved must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit",- (2) suit';(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of damages because of"bodily injury"or"property damage"to which this insurance may also apply. d. No insured will,except at that insured's own cost,voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid,without our consent. LLOYDS-EX Page 5 of 10 6. Examination Of Your Books And Records I We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. 7. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any"underlying insurance"and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Policy. 8. Legal Action Against Us No person or organization has a right under this Policy:To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or to sue us on this Policy unless all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured, but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, "controlling underlying insurer"and the claimant or the claimant's legal representative. 9. Loss Payable Liability under this Policy does not apply to a given claim unless and until: The insured, the "controlling underlying insurer"and all"underlying insurers"have become obligated to pay the"retained limit'; and the obligation of the insured to pay the"ultimate net loss" in excess of the"retained limit" has been determined by a final settlement or judgment or written agreement among the insured, claimant, "controlling underlying insurer" (or a representative of one or more of these) and us. 10. Maintenance Of/Changes To "Controlling Underlying Insurance" Any"controlling underlying insurance"must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such"controlling underlying insurance"that results from damages because of"bodily injury,""property damage,"or"personal and advertising injury"to which this insurance applies. Such exhaustion or reduction is not a failure to maintain"controlling underlying insurance."Failure to maintain "controlling underlying insurance"will not invalidate insurance provided under this Policy, but insurance provided under this Policy will apply as if the"controlling underlying insurance"were in full effect. The first Named Insured must notify us in writing, as soon as practicable, if any "controlling underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "controlling underlying insurance"is changed. 11. Other Insurance a. Except as provided in b, below, this insurance is excess over, and shall not contribute with any other insurance, including any"underlying insurance" and "controlling underlying insurance"whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Policy. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers When this insurance is excess over other insurance,we will pay only our share of the"ultimate net loss"that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Policy; and (2) The total of all deductible and self-insured amounts under all that other insurance. b. This insurance is not excess over any policy of insurance, other than the "controlling underlying insurance,"that is issued to the Named Insured under this policy, and that does not specifically provide coverage for the Designated Project Site, as shown in the Limitation of Coverage To Designated Premises Or Project form CG2144 attached to the"controlling underlying insurance." LLOYDS-EX Page 6 of 10 i This insurance is not excess over any policy of insurance, other than the "controlling underlying insurance,"that is issued to a "contractor," as that term is defined in the"controlling underlying insurance,"to whom the Named Insured has promised to procure insurance under a wrap-up program with respect to the Designated Project Site, as shown in the Limitation of Coverage To Designated Premises Or Project form CG2144 attached to the "controlling underlying insurance." 12. Transfer of Defense a. Defense Transferred To Us When the limits of"controlling underlying insurance" have been exhausted, in accordance with the provisions of "controlling underlying insurance," we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or"suits"seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insurance" had the applicable limit not been exhausted. Where the settlement of any "suit" defended by the "controlling underlying insurer" results, or will result, in the exhaustion of the"controlling underlying insurance,"and will also require the payment of a portion of the Limits of Insurance under this Policy in order to effectuate the settlement, we will have the right, but not the duty, to defend the insured with respect to that"suit," and will be under no obligation to have the defense transferred to us. Where the satisfaction of any judgment entered against the insured in a "suit" defended by the "controlling underlying insurer" results, or will result, in the exhaustion of the"controlling underlying insurance," and will also require the payment of a portion of the Limits of Insurance under this Policy in order to effectuate the satisfaction of that judgment,we will have the right, but not the duty,to defend the insured with respect to that"suit,"and will be under no obligation to have the defense transferred to us. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Policy of any outstanding claims or "suits" seeking damages to which this insurance applies and which would have been covered by the"controlling underlying insurance"had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Policy, we will cooperate in the transfer of control to the insured and its designated representative. 13. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property 14. When We Do Not Renew If we decide not to renew this Policy,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non-renewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV—DEFINITIONS The definitions applicable to any "controlling underlying insurance" also apply to this insurance. In addition, the following Definitions apply: 1. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a"certified act of terrorism" include the following: a. The act resulted in insured losses in excess of$5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and LLOYDS-EX Page 7 of 10 b. 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. 3. "Controlling underlying insurance" means any policy of insurance or self-insurance listed in the Declarations under the Schedule of "controlling underlying insurance," for the limits and periods indicated and shall include all endorsements attaching to such policies. It also includes any policies issued by the same "Controlling Underlying Insurer"to replace those policies during the term of this insurance that provide: a. At least the same policy limits; and b. The same hazards insured against except as modified by general program revisions or agreed to by us in writing. 4. "Controlling underlying insurer' means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of"controlling underlying insurance' 5. "Designated Projects)" means the premises or project(s) listed on the endorsement entitled Limitation of Coverage to Designated Premises or Project on the"controlling underlying insurance." 6. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 7. "Other act of terrorism" means any violent act that is dangerous or destructive to human fife, property or infrastructure, whether actual or threatened, and whether committed by one or more persons acting alone or in connection with any group or organization. The act must not be certified as a "certified act of terrorism" pursuant to the federal Terrorism Risk Insurance Act and the act must contain one or more of the following criteria: a. The act is intended to influence, coerce or protest against the actions, behavior or policies of any government or sovereign power(de jure or de facto)or any segment of the government or sovereign;or b. To further any political, ideological, economic, religious or social aim,objective or cause;or C. To disrupt any segment of the global economy or the economy of any country or political state. 8. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your"advertisement", or g. Infringing upon another's copyright,trade dress or slogan in your"advertisement" 9. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it 10. "Products-completed operations hazard" means all damages because of "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of"your product'or"your work"except: a. Products that are still in your physical possession; or b. Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. LLOYDS-EX Page 8 of 10 (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed "Products-completed operations hazard" does not include damages because of "bodily injury" and "property damage"arising out of: (1) The transportation of property, unless the damages because of "bodily injury' and "property damage" arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the'loading or unloading"of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate Limit. 11. "Retained limit' means the available limits of "underlying insurance," 'controlling underlying insurance" and self- insured amounts applicable to any claim covered by this Policy. 12. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" and "personal and advertising injury'to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent;or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the"controlling underlying insurer"consent 13. "Underlying Insurance" means the following: In instances when the"controlling underlying insurance"provides insurance to persons or organizations who are signed enrolled participating members of a wrap-up to perform work at a "Designated Project,"and there are also non-enrolled subcontractors, architects, soils engineers or any other engineers, surveyors or consultants, real estate agents, mortgage brokers, vendors, suppliers, material dealers performing work on the "Designated Project," and other non-enrolled persons or organizations that make deliveries to or from the "Designated Project" site (hereafter collectively referred to as "non-enrolled parties"), and any non-enrolled party is required to obtain primary additional insured coverage for an insured under this Policy, such primary additional insured coverage protecting an insured shall also be deemed "underlying insurance." 14. "Underlying Insurer" means a company that issues a policy of insurance qualifying as"underlying insurance." 15. "Ultimate net loss" means the total sum, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Settlements,judgments, binding arbitration; or b. Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the 'controlling underlying insurance" specifies that limits are reduced by defense expenses. 16. "Your product" means any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. You; b. Others trading under your name; or C. A person or organization whose business or assets you have acquired;and "Your product" also means containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products and: LLOYDS-EX Page 9 of 10 a. Includes, warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product'; and b. The providing of or failure to provide warnings or instructions. C. Does not include vending machines or other property rented to or located for the use of others but not sold. 17. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. It also includes: a. Warranties or representations made at anytime with respect to the fitness, quality, durability, performance or use of"your work,"and b. The providing of or failure to provide warnings or instructions. LLOYDS-EX Page 10 of 10 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED This insurance modifies insurance provided under the following: Excess Liability Policy It is agreed that the Common Policy Declarations,XS100, Named Insured is amended to read as follows: Wathen Castanos Peterson Homes, Inc. WC Ashlan Hayes, LLC and any organization, including a subsidiary, controlled company, corporation, enterprise,firm, partnership over which you maintain ownership or majority interest of over 50%, is an insured. However, a. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; b. coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization;and C. any and all indemnity and/or defense under this policy shall only apply as respects the Designated Project Site All "Contractors" and sub-tier "Contractors" are also Named Insureds, if the first Named Insured contracts with them to furnish insurance on their behalf, but only with respect to the Designated Project shown in the Limitation of Coverage to Designated Premises or Project,form CG 2144 0798. Contractor" means any individual, partnership, firm or corporation who is a signed participating member of a wrap- up, prior to commencement of work by the"Contractor"and prior to a loss or occurrence at the project site, to perform work at the Designated Project Site unless such entity is specifically excluded from the project. A"Contractor" shall not include any architects, real estate agents, mortgage brokers, soil engineers, or any other engineer, surveyor or consultant, vendors, suppliers, material dealers and other persons or organizations that make deliveries to or from the Designated Project Site shown in the Limitation of Coverage to Designated Premises or Project, form CG 2144 0798. Contractor" means any individual, partnership, firm or corporation who is a signed participating member of a wrap- up, prior to commencement of work by the "Contractor" and prior to a loss or occurrence at the project site, unless such entity is specifically excluded from the project.A "Contractor"shall not include any real estate agents, mortgage brokers, soil engineers, structural engineers or any other engineer, surveyor or consultant, vendors, suppliers, material dealers and other persons or organizations that make deliveries to or from the Designated Project Site shown in the Limitation of Coverage to Designated Premises or Project,form CG 2144 0798. Contractor" means any individual, partnership, firm or corporation who is a signed participating member of a wrap- up, prior to commencement of work by the "Contractor" and prior to a loss or occurrence at the project site, unless such entity is specifically excluded from the project. A"Contractor"shall not include any real estate agents, mortgage brokers, soil engineers, vendors, suppliers, material dealers and other persons or organizations that make deliveries to or from the Designated Project Site shown in the Limitation of Coverage to Designated Premises or Project, form CG 2144 0798. F] Contractor" means any individual, partnership, firm or corporation who is a signed participating member of a wrap- up, prior to commencement of work by the "Contractor" and prior to a loss or occurrence at the project site, unless such entity is specifically excluded from the project. A"Contractor"shall not include any real estate agents, mortgage brokers, vendors, suppliers, material dealers and other persons or organizations that make deliveries to or from the Designated Project Site shown in the Limitation of Coverage to Designated Premises or Project,form CG 2144 0798. Contractor" means any individual, partnership, firm or corporation who is a signed participating member of a wrap- up, prior to commencement of work by the"Contractor"and prior to a loss or occurrence at the project site,to perform work at the Designated Project Site unless such entity is specifically excluded from the project. A "Contractor" shall not include any architects, real estate agents, mortgage brokers, soil engineers, or any other engineer, surveyor or consultant, vendors, suppliers, material dealers, crane operators, demolition contractors and other persons or organizations that make deliveries to or from the Designated Project Site shown in the Limitation of Coverage to Designated Premises or Project,form CG 2144 0798 SGL26 03 13-XS (2-17) Includes copyright material from Insurance Services Office, Inc. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT AND MINIMUM RETAINED PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following: EXCESS LIABILITY COVERAGE FORM The following additional policy Conditions supersede any other policy conditions and the Named Insured hereby agrees that the total policy premium and minimum earned premium(s) due for this policy shall be calculated in accordance with the following: 1. The total policy premium shown on the Declarations is a provisional premium only and is subject to adjustment in accordance with the audit provisions of this policy. If the sum of the audit premium is less than the minimum preniium for the policy period, we will not return the excess amount to the Named Insured. If the sum of the audit premium is greater than the minimum premium for the policy period,we will request the additional premium that is due from the Named Insured. 2. If the Named Insured fails to pay the additional audit premium when it is due, we may cancel this policy by mailing or delivering to the producer of record and the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation for nonpayment of premium. 3. If this policy is cancelled for nonpayment of the audit premium, then the additional periods of time in Paragraph A. 3 of the POLICY TERM ENDORSEMENT shall not apply. In the event of such cancellation, the policy shall only cover "bodily injury" or"property damage" as set forth in Paragraphs A. 1 and 2 of the POLICY TERM ENDORSEMENT through the effective date of the cancellation 4. If the Company or the Named Insured cancels the coverage to which this endorsement applies,the following will be in effect: a. for policies that are in effect for less than twelve(18) months,the premium we retain will not be less than 25%of the minimum and deposit premium. b. for policies that are in effect for twelve(18)or more months,the premium we retain will be 100% of the minimum and deposit premium. SGL2-2 01 17 XS Includes copyright material from Insurance Services Office, Inc. Page 1 of 1 Subdivision Agreement Final Map of Tract No. 6056 Page 11 b. Subdivider's obligations underthe preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability,fines, penalties,forfeitures,costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or authorized volunteers. C. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs "a" and "b" of this Section. Notwithstanding the preceding sentence, any subcontractor who is a"design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs "a" and "b" of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties,forfeitures, costs and damages(whether in contract,tort or strict liability,including but not limited to personal injury,death at anytime and property damage),and from any and all claims, demands and actions in law or equity(including reasonable attorney's fees and litigation expenses)that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. e. This Section shall survive termination or expiration of this Agreement. 11. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than"A-VII"in Best's Insurance Rating Guide,or(ii)authorized by City's Risk Manager. The following policies of insurance are required: Subdivision Agreement Final Map of Tract No. 6056 Page 12 a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office(ISO)Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability(including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $5,000,000 aggregate for products and completed operations, and $10,000,000 general aggregate. b. COMMERCIAL AUTOMOBILE LIABILITY insurance,which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C. WORKERS' COMPENSATION insurance as required under the California Labor Code. d. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any self-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage,except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(les) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an Subdivision Agreement Final Map of Tract No. 6056 Page 13 occurrence form and shall name City, its officers, officials,agents,employees and volunteers as an additional insured. Such policy(ies)of insurance shall be endorsed so Subdivider's insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage,either(i)the policy(ies)shall be endorsed to provide not less than a five (5)year discovery period, or(ii)the coverage shall be maintained for a minimum of five (5)years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers,officials, agents, employees and volunteers. Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement. Subdivider shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them. If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for the City, or his/her designee, may order that the Subdivider, or its contractors or subcontractors, immediately Subdivision Agreement Final Map of Tract No. 6056 Page 14 discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers,officials,employees,volunteers and agents in accordance with the terms of each of the preceding paragraphs,except that the subcontractors'certificates and endorsements shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor. 12. The Subdivider and his subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor. 13. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to Section 2-11 of the City Standard Specifications, entitled"Materials Acceptance Testing." Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by the Subdivider. 14. The Subdivider shall complywith Street, Plumbing, Building, Electrical,Zoning Codes and any other codes or ordinances of the City. 15. It shall be the responsibility of the Subdivider to coordinate all work done by his contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of the City be placed in the position of making decisions that are the responsibility of the Subdivider. It shall