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HomeMy WebLinkAboutPW17-383 - Original - Sun Vista LLC - Lease Agreement for Parking - 06/28/2017 Return Address: ., A1 I City Clerk's Office City of Kent —M 111 220 Fourth Avenue South 20170728000047 Kent, WA 98032 AC,Ier.&'I t4f ROC U1 00 I i F�66 Mv� KING,UAMY VIR Please Print or type information WASHINGTON STATE RECORDER'S Cover Sheet (IWW6s,04) Document Title(s)(or transactions contained therein): (all areas applicable to your document must be filled in) 1. License Agreement Between the City of Kci Lazd Sun Vista LLC Reference Number(s) of Documents assigned or released: N/A Crantor(s) (Last name, first name, initials) I. City of Kent, Washington Grantee(s) (Last name first,then first name and initials) 1. Sun Vista LLC Legal description (abbreviated: i.e. lot,block,plat or section,township, range) The north 60 feet of Lot 13 and the north 60 feet of the west 5 feet of Lot 12, Kennedy's Addition to Kent as recorded in Volume 63 of Plats, page 51, records of King County, Washington. Assessor's Property Tax Parcel/Account Number King County'Tax Parcel No. 382300-0125 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND SUN VISTA L.L.C. PARTIES THIS LICENSE AGREEMENT ("License") is between the City of Kent, a Washington Municipal Corporation ("City"), and Sun Vista L.L.C., a Washington limited liability company ("Licensee"). RECITALS 1. The City owns certain real property identified as King County Tax Parcel 382300-0125 ("City Property"), a vacant lot located on Weiland Street in Kent, King County Washington, a legal description of which is attached as Exhibit A. 2. Licensee owns a parcel of real property adjacent to the City Property located at 1254 Weiland Street, Kent, and identified as King County Tax Parcel 809170-0005. 3. Licensee has been using the City Property for many years for tenant vehicle parking and would like to continue using the City Property for such parking. 4. It is the intent of the Parties to enter into a License agreement with appropriate terms and conditions so as to allow Licensee to use the City Property for tenant parking. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date (the "Term") of this agreement to use the real property described in Exhibit A for parking for Licensee's tenants, employees and invitees. 2. Fee and Renewal. Licensee agrees to pay the City a fee of two thousand five hundred dollars ($2,500) in consideration for the City's grant of this License which must be paid within 30 days of the execution of this Agreement. Any applicable taxes due as a result of this agreement shall be the responsibility of Licensee. Licensee shall also be responsible for the cost of any lighting on the City Property. The City and Licensee agree that this License shall be renewable at the end of the Term at the option and request of the Licensee, for up to six (6) LICENSE AGREEMENT-- P a g e 1 (between City of Kent and Sun Vista L.L.C.) additional periods of five (5) years each, with each subsequent five-year term under the same terms and conditions and requiring the same fee. The City, however, is under no obligation to accept such a request. 3. Maintenance and Restoration. The City is providing the City Property in "as is" condition to Licensee. At its sole cost, Licensee shall at all times (1) be responsible for any maintenance of the City Property, including any pedestrian walkways and drainage facilities, (2) keep the City Property in neat, clean and in a good, orderly, and safe condition, and (3) keep the City Property in accordance with all applicable laws, ordinances, rules, and regulations. Upon revocation, termination or expiration of this License, Licensee shall restore the City Property to its original condition prior to the issuance of the License, reasonable wear and tear excepted, unless the City agrees, in writing, to accept the City Property in an altered condition. Such restoration obligation shall survive the expiration date of this License. 4. Revocation and Termination. This License does not grant an estate in the land described as the City Property; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the City Property. As a License upon real property, it is revocable at the will of the City. 5. Permits Required. The City's grant of this License does not release Licensee from any obligations to obtain applicable local, state, and federal permits necessary to use the Property as intended. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. 6. Compliance with Laws. The Licensee agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Licensee's business or to the City Property, and Licensee also agrees to ensure the same in regards to its tenants. 7. Indemnification. Licensee waives any and all claims and unconditionally releases the City of Kent and any of its officers, employees, or volunteers from any responsibility and liability whatsoever that may arise as a result of any injury, death, property damage, or other loss or claim that Licensee or its agents, assigns, employees, heirs, or volunteers may suffer due to Licensee's access to or use of the City Property. Further, Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents or assigns. The provisions of this Section 7 LICENSE AGREEMENT-- P a g e 1 2 (between City of Kent and Sun Vista L.L.C.) shall survive the expiration or termination of this Agreement. 8. Insurance. Licensee shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference and shall provide proof of such insurance to the City. 9. No Assignment. This License grants to Licensee a personal privilege to use the City Property for the particular purpose set forth herein. Licensee cannot assign the rights under this License to any other party, or extend the use of the City Property other than for the specific and limited use set forth herein. If Licensee attempts to assign the rights granted under this License, or if Licensee exceeds the scope of this License, City may treat Licensee as a trespasser. 10. Venue and Jurisdiction. This License shall be construed in accordance with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 7. 11. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: CITY: LICENSEE: City of Kent Sun Vista L.L.C. Attn: Director of Public Works Attn: John O'Neil 220 Fourth Avenue South 2825 80`h Avenue SE, #203 Kent, WA 98032 Mercer Island, WA 98040 12. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. This agreement shall be effective upon the last day executed ("Effective Date"). LICENSE AGREEMENT-- Page 13 (between City of Kent and Sun Vista L.L.C.) I 13. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 14. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Licensee. IN WITNESS, this License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE: SUN VISTA�L.L.C. By: E OOKE By:John W. O'Neil' .. Its: r Title: Manager Date: Date: LICENSE AGREEMENT-- P a g e 4 (between City of Kent and Sun Vista L.L.C.) STATE OF WASHINGTON ) ss. I COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. oil y w a AqA f fi NOTARY PUBLIC, in and for the State i .41 M 4� of Washington, residing at f✓Z 4"WASH " a My appointment expires - Z� 01111\<9\\4e��" LICENSE AGREEMENT-- Page 5 (between City of Kent and Sun Vista L.L.C.) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that ^ ey ( ` I )"'. I is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the Sun Vista L.L.C., and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Dated: "7 I -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. HE M0, (Signature) 10 NOTARY PUBLIC, in and fort State ,, �lop, 4. � of Washington, residing at 14wp,,,""P* My appointment expires -'/./Ve)'/' �1 LICENSE AGREEMENT-- Page 6 (between City of Kent and Sun Vista L.L.C.) I Exhibit A Legal Description The north 60 feet of Lot 13 and the north 60 feet of the west 5 feet of Lot 12, Kennedy's Addition to Kent as recorded in Volume 63 of Plats, page 51, records of King County, Washington. EXHIBIT B INSURANCE REQUIREMIENTS FOR LICENSE AGREEMENT Insurance The Licensee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Licensee's operation and use of the City Property. A. Minimum Scope of Insurance Licensee shall obtain insurance of the types described below: 1„ Commercial General Liabiliit)t insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Licensee's Commercial General Liability insurance policy using ISO Additional Insured Form CG 20 11 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Licensee shall maintain the following insurance limits: 1. Commerglill g@13eral Liabilityinsurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1. The Licensee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Licensee's insurance and shall not contribute with it. 2. The Licensee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Licensee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Licensee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. F. Waiver of Subrogation Licensee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. LICENSE AGREEMENT BETWEEN THE CITY OF KENT AND SUN VISTA L.L.C. PARTIES THIS LICENSE AGREEMENT ("License") is between the City of Kent, a Washington Municipal Corporation ("City"), and Sun Vista L.L.C., a Washington limited liability company ("Licensee"). RECITALS 1. The City owns certain real property identified as King County Tax Parcel 382300-0125 ("City Property"), a vacant lot located on Weiland Street in Kent, King County Washington, a legal description of which is attached as Exhibit A. 2. Licensee owns a parcel of real property adjacent to the City Property located at 1254 Weiland Street, Kent, and identified as King County Tax Parcel 809170-0005. 3. Licensee has been using the City Property for many years for tenant vehicle parking and would like to continue using the City Property for such parking. 4. It is the intent of the Parties to enter into a License agreement with appropriate terms and conditions so as to allow Licensee to use the City Property for tenant parking. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date (the "Term") of this agreement to use the real property described in Exhibit A for parking for Licensee's tenants, employees and invitees. 2. Fee and Renewal. Licensee agrees to pay the City a fee of two thousand five hundred dollars ($2,500) in consideration for the City's grant of this License which must be paid within 30 days of the execution of this Agreement. Any applicable taxes due as a result of this agreement shall be the responsibility of Licensee. Licensee shall also be responsible for the cost of any lighting on the City Property. The City and Licensee agree that this License shall be renewable at the end of the Term at the option and request of the Licensee, for up to six (6) LICENSE AGREEMENT-- Page I 1 (between City of Kent and Sun Vista L.L.C.) additional periods of five (5) years each, with each subsequent five-year term under the same terms and conditions and requiring the same fee. The City, however, is under no obligation to accept such a request. 3. Maintenance and Restoration. The City is providing the City Property in "as is" condition to Licensee. At its sole cost, Licensee shall at all times (1) be responsible for any maintenance of the City Property, including any pedestrian walkways and drainage facilities, (2) keep the City Property in neat, clean and in a good, orderly, and safe condition, and (3) keep the City Property in accordance with all applicable laws, ordinances, rules, and regulations. Upon revocation, termination or expiration of this License, Licensee shall restore the City Property to its original condition prior to the issuance of the License, reasonable wear and tear excepted, unless the City agrees, in writing, to accept the City Property in an altered condition. Such restoration obligation shall survive the expiration date of this License. 4. Revocation and Termination. This License does not grant an estate in the land described as the City Property; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the City Property. As a License upon real property, it is revocable at the will of the City. 5. Permits Required. The City's grant of this License does not release Licensee from any obligations to obtain applicable local, state, and federal permits necessary to use the Property as intended. Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the City. 6. Compliance with Laws. The Licensee agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Licensee's business or to the City Property, and Licensee also agrees to ensure the same in regards to its tenants. 7. Indemnification. Licensee waives any and all claims and unconditionally releases the City of Kent and any of its officers, employees, or volunteers from any responsibility and liability whatsoever that may arise as a result of any injury, death, property damage, or other loss or claim that Licensee or its agents, assigns, employees, heirs, or volunteers may suffer due to Licensee's access to or use of the City Property. Further, Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents or assigns. The provisions of this Section 7 LICENSE AGREEMENT-- Page 12 (between City of Kent and Sun Vista L.L.C.) shall survive the expiration or termination of this Agreement. 8. Insurance. Licensee shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference and shall provide proof of such insurance to the City. 9. No Assignment. This License grants to Licensee a personal privilege to use the City Property for the particular purpose set forth herein. Licensee cannot assign the rights under this License to any other party, or extend the use of the City Property other than for the specific and limited use set forth herein. If Licensee attempts to assign the rights granted under this License, or if Licensee exceeds the scope of this License, City may treat Licensee as a trespasser. 10. Venue and Jurisdiction. This License shall be construed in accordance with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 7. 11. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: CITY: LICENSEE: City of Kent Sun Vista L.L.C. Attn: Director of Public Works Attn: John O'Neil 220 Fourth Avenue South 2825 801h Avenue SE, #203 Kent, WA 98032 Mercer Island, WA 98040 12. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. This agreement shall be effective upon the last day executed ("Effective Date"). LICENSE AGREEMENT-- Page 13 (between City of Kent and Sun Vista L.L.C.) 13. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. 14. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Licensee. IN WITNESS, this License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE: SUN VISTA,L.L C. _-----r By: E OOKE By:. John W. O'Ntll Its: r Title: Manager Date: , ' Date:_ 5 2/" / "/ LICENSE AGREEMENT-- p a g e 4 (between City of Kent and Sun Vista L.L.C.) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. z r NOTARY PUBLIC, in and for the State y -a 0 g of Washington, residing at c / Y My appointment expires t LICENSE AGREEMENT-- P a g e 5 (between City of Kent and Sun Vista L.L.C.) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that ' K)& is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the Sun Vista L.L.C., and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. Dated: `7I `w -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. tZ :. �nnwxrhrAeah a' �G � '&�nI� Nmer A,,„,x� .. .:" fir;, ✓l`.:� (Signature) �e NOTARY PUBLIC, in and for State ,w0101 of Washington, residing at .w My appointment expires 3z; LICENSE AGREEMENT— P a g e 6 (between City of Kent and Sun Vista L.L.C.) Exhibit A Legal Description The north 60 feet of Lot 13 and the north 60 feet of the west 5 feet of Lot 12, Kennedy's Addition to Kent as recorded in Volume 63 of Plats, page 51, records of King County, Washington. i EXHIBIT B INSURANCE REQUIREMENTS FOR LICENISE AGREEMENT Insurance The Licensee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Licensee's operation and use of the City Property. A. Minimum Scope of Insurance Licensee shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Licensee's Commercial General Liability insurance policy using ISO Additional Insured Form CG 20 11 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Licensee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance 1. The Licensee's insurance coverage shall be primary insurance with respect to the City. Any Insurance or self-insurance coverage maintained by the City shall be excess of the Licensee's insurance and shall not contribute with it. 2. The Licensee's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (Continued) D. Acceptability of Insurers i Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Licensee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Licensee. The City shall be named as an Additional Insured on the Amendatory Endorsement provided by the Insurer. F. Waiver of Subrogation Licensee and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. ATE(MMU AC 06/12/2017017 CERTIFICATE OF LIABILITY INSURANCE ° YY' /12 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 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 endoraermenl-20.s PRODUCER WAg877030 16-343-232.3 NTACT AssuredPartners of Washington, LLC dba MOM PWpkr )TAX """""" -- ---- AssuredPartners of Wash. Ins. Agency, LLC CA Lic OK61066 WC AD Fxh ____. --. ...1.1?�'p,.MRk.... .... E-MAIL 1325 Fourth Avenue, Suite 2100 ADDRESS ,�,, Seattle, WA 98101 .,,,, "" "INSUflrR(S)A&FORDING OOVFRAGE NAICN .,,,...... ......... ...... INSURERA:� CONTINENTAL WESTERN INS CO 10804 .............. ........ . .. .... ._._.._._ n __ ..-. INSURED INSURER B. Colony Specialty Ins. Co./ Great Americo re Sun Vista, LLC ...... ... ....... INSURER C y 2825 Both Ave SE Suite 203 INSURER D; Mercer Island, WA 98040 INSURER E; INSURER F- COVERAGES CERTIFICATE NUMBER: 50082311 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES 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 HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, .- ..... .... INSR A L UBR` .... ________ _.._._._.._.. POLICY EHE �(JLICV ---_- LTR TYPE OF INSURANCE N P wvn POLICY NUMBER IM 1MInm15/1 10/15/17 YVY" IANDD/YYYY LIMITS A GENERAL LIABILITY X CPA294616826 0" 0/ EAeHOrcuaRr Ncr $ 1,000,000 X O MMERGIAI GENERAL LIABILITY hAOMF rnINNIHO, f, I HI idir bdl'i'.a qxc nee - $300,000 � A AIMS MADE � X,COOCUR MELEXP(AnVp prep") $ 10,000 X WA Stop Gap PE RSONAI A ADV INJURY $ 1,000,000 ____. ........,. GFNFRAI AGGREGAIE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PI R TRODUf TS-COMPIOPAGG $ 2,000,000 POLICY PR0. X IJ7i9 $ if 0 A AUTOMOBILE LIABILITY ICPA294616826 10 15/1 10/15/17 O(DO N]IMINI L;AT It,.I,e,uls'sni $ 1.000.P00 X ANY AUTO I BODILY INJURY(Per pe sot) Is BU OWNED -- SCHEDUI FO BODILY INJURY(F er accldenq $ ----,AUTOS AUTOS X F IRED AL os X n�roswNED I wAvDFII,RoY'0,VBASF $ X $500 Comp ad $1,000 Coll'. � ...__. B X UMBRELLA LIAR X OCCUR AR64607111/EXC4223998 01/01/1- 01/01/18 TALL OGCiJkIM UC( 5,D00,0a0 EXCESS LIAB CLAIM,MADE iA(;f'Rt I'41E $ 5,000,000 DED I X... RFTFNTION S 10,000 $ - WORKERS COMPENSATION WC STATU- OTH- ANO EMPLOYERS LIABILITY YIN rnRV-!ML- R ANY PROPRIETORIPAR I NFWEXECUTIVE FL EACH ALGNtNI �$ OFFICERIMEMBER FXCI UIJED? ❑ NIA "" .I ' ardi in if yes yes,Describe under - .._ , W SE EA EMPLOYLC, nFSOFIPTION OF OPFRATIGNS MIn- LL DISEASE POLICY LIMIT I$ 1 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORO 101,Additional Remarks Schedule,if more space is required) Sun Vista Apartments The certificate holder is included as an additional insured as their interest may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE y/fir/,.,I[w/ Jjr}��,, Kent, WA 98032 A�/IyG 6"."T+r'+ USA .r(/�,Y ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD robertatansay 50082311 Policy No CPA294616826 COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance ....___........................................Y___ A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included _.._._..........m....... —__.—..._. C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments $10,000 _.............._... .. ....................._ F. Mobile Equipment Redefined Included _._ _.. G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability ""hncludedmmmm- Company And Extended Period Of Coverage H...._..__.. Who Is An Insured—Amendment Included I. Non-Owned Watercraft (Increased to maximum length of less than 51 .____. _____ Included feet) ..............._._.........._.. ......__ _ -__..........�.... J. Supplementary Payments— Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 ................ .......... K. Unintentional Omission Or Unintentional Error In Disclosure Included ........,..._ _._.__ L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included _............................. co-in The above is a summary only. Please sult the specific provisions that follow for complete information on the extensions provided The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II —Who Is An Insured is amended effective during the term of this to include as an insured any person or policy, and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs additional insured prior the "bodily A.1.c.(1) through AA.c.S) below when you and such person or organization have agreed injury", "property damage" or "per- in writing in a contract or agreement that sonal and advertising injury". such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured. organization included as an additional (q) Lessor Of Leased Equipment insured by a separate endorsement issued by us and made a part of this Any person(s) or organization(s) policy or coverage part, from whom you lease equipment but c. Only the following persons or organi- only with respect to liability for"bodily zations are additional insureds under this injury", "property damage" or "per- provision, with coverage for such sonal and advertising injury" caused,additional insureds limited as provided in whole or in part, by your herein: maintenance, operation or use of equipment leased to you by such (1) Managers Or Lessors Of Premises person(s) or organization(s). A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends. following additional exclusions This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises. Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or struction or demolition operations Authorizations Relating To performed by or on behalf of Premises such additional insured Any state, municipality, govern- (2) Mortgagee, Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability as mortgagee, assignee, or receiver (a) This insurance applies only with and arising out of the ownership, respect to: maintenance, or use of a covered (i) The following hazards for premises by you which the state, municipality, This insurance does not apply to governmental agency or structural alterations, new con- subdivision or other political struction or demolition operations subdivision has issued a performed by or on behalf of such permit or authorization in additional insured. connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies. An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions: entrances, coal holes, This insurance does not apply to: driveways, manholes,marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land or decorations and (b) Structural alterations, new con- similar exposures; or struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (1) "Bodily injury" or "property j (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance, assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization. agreement; (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury", "property dam- thorized by you; age"or"personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization demonstration, testing, or thes) with substitution of parts under I controlling interest in the Named instructions from the manu- nsured but only with respect to their liability arising out of: facturer, and then repackaged in the original (a) Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the This insurance does not apply to vendor has agreed to make structural alterations, new con- or normally undertakes to make in the usual course of struction or demolition operations performed by or for such person(s) business, in connection with the distribution or sale of the or organization(s). products; (7) Co-Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product, (8) Vendors (vii) Products which, after distri- bution or sale by you, have (a) Any persons) or organization(s) been labeled or relabeled or (referred to as vendor), but only used as a container, part or with respect to "bodily injury" or "property damage" arising out of ingredient of any other thing "your products" which are or substance by or for the vendor; or distributed or sold in the regular course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sale negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III — Limits Of omissions or those of its Insurance: employees or anyone else The most we will pay on behalf of the acting its behalf. Haw- ever, thisis exclusion does not additional insured is the amount of insurance. apply to: a. Required by the written contract or (1.1) The exceptions written agreement, or contained in Sub- b. Available under the applicable Limits Of i paragraphs (iv) or (vi), Insurance shown in the Declarations, or whichever is less. (1.2) Such inspections, ad- justments, tests or This endorsement shall not increase the servicing as the applicable Limits Of Insurance shown in the vendor has agreed to Declarations. make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of business, in con- Exclusion 2.a. Expected Or Intended Injury of nection with the Section I — Coverage A — Bodily Injury And distribution or sale of Property Damage Liability is deleted and the products. replaced by the following: (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- 'Bodily injury" or"property damage" expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured. This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force to protect containing such products persons or property. 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply: Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following: insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as not apply, soon as practicable of an 'occurrence" or an offense which may result in a claim only (1) To "bodily injury" or "property when the 'occurrence" or offense is known damage" included within the to, "products-completed operations hazard"; or (1) You, if you are an individual, (2) To "bodily injury', "property damage" (2) A partner, if you are a partnership, or "personal and advertising injury' (3) A manager, if you are a limited liability arising out of the sole negligence of company, or such additional insured, (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include. insured will not be broader than that which you are required to provide by the (i) How, when and where the 'occurrence" written contract or written agreement. or offense took place; CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses, and lightning, explosion, "smoke", or leakage (iii) The nature and location of any injury or from automatic fire protective systems, damage arising out of the "occurrence" while rented to you or temporarily or offense. occupied by you with permission of the owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, This limit will apply to all damage Smoke, Or Leakage From Automatic Fire proximately caused by the same event, Protective Systems) whether such damage results from fire, lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part, then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV — last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following is deleted and replaced by the following. Exclusions c.through in. do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner, permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section III — Limits Of deleted and replaced by the following: Insurance. 2. The paragraph immediately after Sub- a. A contract for a lease of premises. paragraph j.(6) of Paragraph 2. Exclusions However, that portion of the contract for of Section I — Coverage A — Bodily Injury a lease of premises that indemnifies any And Property Damage Liability is deleted person or organization for 'damage by and replaced by the following: fire, lightning, explosion, "smoke" or leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an .smoke", or leakage from automatic fire "insured contract". protective systems) to premises, including 6. As used in this Provision D. Legal Liability — the contents of such premises, rented to you Damage To Premises Rented To You. for a period of seven or fewer consecutive days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section III — Limits Of or"hostile fire". Insurance. E. MEDICAL PAYMENTS 3. Paragraph 6. of Section III — Limits Of Insurance is deleted and replaced by the If Coverage C — Medical Payments is not following: otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of Insurance, to the greater of: a. $300,000, or a. $10,000, or It. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph Elf) of Definition 12. "Mobile d for damages because of "property equipment" of Section V— Definitions is deleted damage" to premises while rented to and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc„ Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for: of insureds already covered under this (a) Snow removal; nsurance; (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing; or liability companies who have established a date of formation as recorded within (c) Street cleaning, the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization; and COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section II —Who Is An Insured formation as recorded within a written is deleted and replaced by the following: partnership agreement or partnership certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or The last paragraph of Section II — Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following: are a corporation, No person or organization is an insured with respect to the conduct of an b. Majority interest of more than 50% as a es p y general partner of a newly acquired or a. Current partnership or limited liability formed partnership; and/or company, unless otherwise provided for c. Majority interest of more than 50% as an under Paragraph 3. of Section II — Who Is An Insured; owner of a newly acquired or formed limited liability company, It. Current joint venture, or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company, organization However, for these organiza- that is not shown as a Named Insured in the tions: Declarations. (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I — Coverage A partnership or limited liability company, —Bodily Injury And Property Damage Liability or the end of the policy period, whichever is deleted and replaced by the following: is earlier; (2) A watercraft you do not own that is: (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does (a) Less than 51 feet long; and not apply to "bodily injury" or 'property (b) Not being used to carry persons or damage" that occurred before you property for a charge. acquired or formed the organization, SUPPLEMENTARY PAYMENTS — INCREASED partnership or limited liability company; LIMITS (iii) Section I — Coverage B — Personal And Advertising Injury Liability does Section I — Supplementary Payments — not apply to 'personal and advertising Coverages A And B is changed as follows: injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000, and liability company; 2. The limit shown in Paragraph 1.d. for loss of (iv) Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from $250 a day to$1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial If we adopt a mandatory attachment form change General Liability Conditions: which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we implement additional premium or to exercise our right of the change in your state. This liberalization cancellation or non-renewal clause does not apply to changes implemented through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF the Commercial General Liability form CG0001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. paragraph 2.a.(1)(d) of Section II — Who Is Of Rights Of Recovery Against Others To Us An Insured does not apply to a physician, of Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work"and nursing services. included in the 'products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed in a written and collectible insurance whether such contract or written agreement that any right of i h recovery is waived for such person or insurance is primary, excess, contingent on any other basis. Any payments by us will organization. This waiver applies only to the follow Paragraph 4.b. of Section IV — person(s) or organization(s) agreed to in the Commercial General Liability Conditions. written contract or written agreement and is subject to those provisions, This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a. above, the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section It -Who is An Insured is amended to insured only applies to the extent include as an additional insured any persons) permitted by law; and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such persons) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy, additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract insured is limited as follows or agreement to provide for such additional insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with respect to following times: liability for "bodily injury", "property damage" or "personal and advertising (1) When any Named Insured(s) work injury" caused in whole or in part by: called for in the written contract has (11 Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) (2) The acts or omissions of those acting work done at a job site has been on behalf of the Named Insured; completed if the written contract calls for work at more than one job site in the performance of the Named Insureds work for the additional insured(s) specified 13) When that part of any Named Insure in the written contract provided the Insured(s) work done at a job site has contract or agreement requires you to been put to its intended use by any provide the additional insured such person or organization other than the coverage and is: Named Insured or those acting on the Named Insured(s) behalf. I. Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy, and otherwise complete, will be treated as ii. Was executed prior to the "bodily completed njury "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CG endorsement, the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Pagel of 3 Office, Inc., with its permission 3. Exclusions b. Available under the applicable Limits of With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" This endorsement shall not increase the arising out of: applicable Limits of Insurance shown in the Declarations. a. The rendering of or failure to render any professional services by you or on your 5. Other Insurance behalf, but only with respect to either or For purposes of this endorsement, the both of the following operations following is added to the Section IV - (1) Providing engineering, architectural or Commercial General Liability Conditions, 4. surveying services to others in your Other capacity as an engineer, architect or Insurance condition and supersedes any surveyor, and provision to the contrary (2) Providing, or hiring independent This insurance is excess of all other professionals to provide, engineering, insurance available to an additional architectural or surveying services in insured whether on a primary, excess, connection with construction work you contingent or any other basis. But, if perform. required by a written contract or written agreement to be primary and b. Subject to Paragraph C. below, noncontributory, this insurance will be professional services include primary to and will not seek contribution (1) Preparing, approving, or failing to from any insurance on which the additional insured is a Named Insured. prepare or approve, maps, shop drawings, opinions, reports, surveys, No other coverage or limit in the policy field orders, change orders, or applies to loss or damage insured by this drawings and specifications, and coverage. (2) Supervisory or inspection activities B. The following coverage is added performed as part of any related CONTRACTUAL LIABILITY -RAILROADS architectural or engineering activities. c. Professional services do not include 1. With respect to operations performed for a services within construction means, Railroad within 50 feet of railroad property, the methods, techniques, sequences and definition of "insured contract" in Section V - procedures employed by you or performed Definitions is replaced by the following: by or for the construction manager, its 9. "Insured Contract" means: employees or its subcontractors in a. A contract fora lease of remises. connection with your ongoing operations. p However, that portion of the contract This exclusion applies even if the claims for a lease of premises that against any insured allege negligence or other indemnifies any person or wrongdoing in the supervision, hiring, organization for damage by fire to employment, training or monitoring of others premises while rented to you or by that insured, if the "occurrence" which temporarily occupied by you with caused the "bodily injury" or "property permission of the owner is not an damage", or the offense which caused the "insured contract"; "personal and advertising injury", involved the rendering of, or the failure to render, any b. A sidetrack agreement; professional architectural, engineering or c. Any easement or license agreement, surveying services. d. An obligation, as required by 4. Limits of Insurance ordinance, to indemnify a municipality, With respect to the insurance afforded to these except in connection with work for a additional insureds, the following is added to municipality; Section III -Limits Of Insurance e. An elevator maintenance agreement, If coverage provided to the additional insured f. That part of any other contract or is required by a contract or agreement, the agreement pertaining to your business most we will pay on behalf of the additional (including an indemnification of a insured is the amount of insurance municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 09 16 Office, Inc., with its permission which you assume the tort liability of pay settlements or judgments will be reduced, and another party to pay for "bodily injury" may be exhausted, by defense expenses. or property damage" to a third person The following is added to paragraph 14. "Personal or organization. Tort liability means a and advertising injury" SECTION V - liability that would be imposed by law DEFINITIONS OF COMMERCIAL GENERAL in the absence of any contract or agreement. LIABILITY COVERAGE FORM: Paragraph f. does not include that part h. "Non-employment discrimination" means of any contract or agreement: violation of a person's civil rights with (1) That indemnifies an architect, respect to such person's race, color, engineer or surveyor for injury or national origin, religion, gender, marital damage arising out of. status, age, sexual orientation or preference, physical or mental condition, (a) Preparing, approving or failing or any other protected class or to prepare or approve maps, characteristic established by any federal, shop drawings, opinions, state or local statutes, rules or regulations. reports, surveys, field orders, "Non-employment discrimination" does not change orders or drawings include violation of civil rights arising out of and specifications; or past, present or prospective employment. (b) Giving directions or Any obligation to the insured to pay "non- instructions, or failing to give employment discrimination" liability damages them, if that is the primary on your behalf applies only to the amount of cause of the injury or damage; damages in excess of $5,000 deductible as (2) Under which the insured, if an the result of any one offense regardless of the architect, engineer or surveyor, number of persons or organizations who assumes liability for an injury or sustain damages because of the offense. damage arising out of the The most we will pay for all damages for "non- insured's rendering or failure to employment discrimination" is $15,000 annual render professional services, aggregate. No other liability to pay sums or including those listed in Paragraph perform acts or services is covered. (1) above and supervisory, inspection, architectural or Supplementary Payments -Coverage A and engineering activities. B do not apply to non-employment discrimination. 2. Other Insurance D. AGGREGATE LIMITS OF INSURANCE For purposes of this endorsement, the The General Aggregate Limit under SECTION III - Commercial General Liability following is added to the Section IV- LIMITS OF INSURANCE applies separately to Conditions, 4. Other Insurance condition each of your: and supersedes any provision to the 1. Projects away from premises owned by or contrary: rented to you. This insurance is excess of all other 2. "Locations" owned by or rented to you. insurance that is Railroad Protective Liability or similar coverage for"your work" "Location" means premises involving the same performed for a Railroad. But, if required or connecting lots, or premises whose by a written contract or written agreement connection is interrupted only by a street, to be primary and noncontributory, this roadway, waterway or right-of-way of a insurance will be primary to and will not railroad, seek contribution from any insurance on When paragraph B. Construction Project which the Railroad is a Named Insured. General Aggregate Limit on form CL CG 00 20 is No other coverage or limit in the policy a part of this policy, then this endorsement applies to loss or damage insured by this CL CG 05 29 paragraph D. Aggregate Limits Of coverage. Insurance does not apply. C. The following coverage is added NON-EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liability for "Non- employment discrimination" coverage available to CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission • a u' a I 'n 'n Y M '.,: �., M' A ., M YM M � 114 ��� I.II�j IIII �q IIIIIIIIIIIIIIIIIII IIIIII w i I I w u i � ml ul� .,V� aim i uMiIN Nlllill Ilil � � IIII IIIIIImmUlllu U uuI�IMuu�l�V � VUII IIU Uw........ UIIW mom I M U I W P I oo�pp VV ��III'll i�� �u II to I � i � IIIM m x m ,. � �, u M � .. � II M UU9�°, ���I P III��� '�✓!1uw d I Iil� uo��i�l �,... M M UN IUt �I oim � M W m M W W VI'W m uw Ouw WI 0 IIII iM im w M II• a u mm �w• 0« MI M MI ::M I "' Po "" «M M M M�. M M 'w. ® w��^ a '" II® M M .�� IIV 0 w ® � •w IN q` lip k �I IUm ml � _IUU IIIM IIIIII WUI I I@.,J,IIUIVUU m �� � I m m coa w M w Via' sae c o d Mv 44 � � 1� ". d� �� k I It , A � i- p p y Wnsu nNa ro u I � {�' .:�( "nr.� . _ ....._ _ 5<9 IY...J� 'L.�LrIA E dh. n A, OI I\I C,p� This is to be rcorrnpaietedl by Urn Contract Manager 1prAorr to submission to City CCierrks ©ffffucce, AH peorPtiono are to he cvnnpuetedl Bff you have questions, ,please contact City Clairk's (Office.. Vendor Numbs arra 7D Edwatr Is Number Contract Number: F l This is assigned by City Clerk's Office Project Name: ��F� dal ?"T �__._..LL.-G ®escriptiom C7 Interlocal Agreement [I Change Order El Amendment ❑ Contract (]4 other:— Lt �` '�j g z;,wp Cantrsactt Effective Date.- 6' _ ri u Termination Date- Contract Reflawavi Ho uc:e (Days). � .................._. Number of days required notice for termination or renewal or amendment Contva(A., iviaanagv (�LJ�4: v fG D p��ufurmeuatm _ a can a � __—. Contract Amount: „ _.._ Approvai ^ uthavilty; ❑ Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, pa rc;eu number, tax icd, etcc.]e