Loading...
PIA No. 2006-13 Clarification - McCarthy Gilroy, LLC1 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: ) Shawna Freels City Clerk ) City of Gilroy ) 7351 Rosanna Street ) Gilroy, CA 95020 ) DOCUMENT: 21236976 illliVl'N�'YI�IV�IIWIIIIV! � 36.00 Pages: � AMT PAID 36.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CLARIFICATION OF PROPERTY IMPROVEMENT AGREEMENT NO. 2006-13 Tract 9570 — McCarthy Business Park APN 841 -17 -093 McCarthy Gilroy, LLC RDE # 005 7/13/2011 12 :05 PM CLARIFICATION TO PROPERTY IMPROVEMENT AGREEMENT This Clarification to Property Improvement Agreement ( "Clarification of Agreement ") is entered into as of this J, 1A day of June, 2011, by and between the City of Gilroy, a municipal corporation (herein called the "City ") and McCarthy Gilroy L.L.C. (aka McCarthy Gilroy, LLC), a real property owner, developer or subdivider (herein called the "Developer "). WHEREAS City and Developer have entered into that certain Property Improvement Agreement No. 2006 -13, made and entered into as of August 7, 2006 relating to Tract 9570 — McCarthy Business Park, recorded in the Santa Clara County Recorder's Office on September 5, 2006 as document number 19092370 (the "Property Improvement Agreement "); and WHEREAS the Property Improvement Agreement was recorded against that certain real property known as Tract 9570 — McCarthy Business Park, Santa Clara County APN: 841 -17- 093, and more particularly described on Exhibit A, which is incorporated herein; WHEREAS City and Developer have realized that their full intent regarding reimbursement of development impact fees was not accurately stated in the Property Improvement Agreement; and WHEREAS Developer is required by condition 3 of Tentative Map number 02 -04 (the "Tentative Map "), covering a portion of the McCarthy Business Park, to make an offer of dedication to the City of certain real property, which is described in the Exhibit A which is attached hereto and incorporated (the "Luchessa Dedication Property"); and WHEREAS the City desires that the Luchessa Dedication Property be dedicated to the City at the present time, prior to approval of said final map, and Developer is willing to make said dedication at this time; NOW THEREFORE, in consideration of the foregoing recitals and mutual covenants contained herein, the parties agree as follows: (1) For clarification purposes, Section 8, subparagraph 8 of the Property Improvement Agreement, which reads as follows: 8. Any reimbursements due the Developer, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement. is hereby deleted and replaced with the following Section 8, subparagraph 8: 8. Any reimbursements due the Developer, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement. All reimbursement rights are personal to McCarthy Gilroy, LLC, and do not run with the land. This expiration shall not apply to any Traffic Improvement Fund (TIF) reimbursement. The right of Developer to a TIF reimbursement is conditioned on the City's continuation of its existing TIF policy. The amount of such \ALFW6656.4 -1- 052411- 04706110 reimbursement under the present TIF policy is One Million Five Hundred Eighteen Thousand Five Hundred Sixty -Five Dollars and Fifty - Eight Cents ($1,518,565.58). (2) Within ten days following the execution of this Clarification of Agreement and its approval by the City Council of City, Developer shall undertake all actions and execute appropriately all documents necessary or convenient (including a deed of dedication) to cause the dedication of the Luchessa Dedication Property to the City. (3) The Property Improvement Agreement remains in full force and effect subject only to this Clarification of Agreement. IN WITNESS WHEREOF, the City has executed this Clarification of Agreement as of JuIl , 2011 ATTEST: i� � Cl O GILROY aW na Freels Thorhas Haglund City Clerk CITY ADMINISTRATOR APPROVED AS TO FORM: l CITY ATTORNEY IN WITNESS WHEREOF Owner has executed this Clarification of Agreement as of June J 1 2011. McCARTHY GILROY, LLC, a California limited liability company, By: McCARTHY GP, LLC, a California limited liability comply its Manager so JoseplyWcCarthy, its 1ALFI836656.4 -2- 052411- 04706110 EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT -OF -WAY DEDICATION All that certain Real Property situate in the City of Gilroy, County of Santa Clara, State of California, being a portion of Parcel A as shown upon that certain Map entitled "Tract 9570 McCarthy Business Park", recorded in Book 805 of Maps, Pages 29 through 35, Santa Clara County records, described as follows: A strip of land 80.00 feet in width, more particularly described as follows: Beginning at an angle point in the northwesterly line of said Parcel A, said point being the most southerly corner of Camino Arroyo as shown on said Map, thence along the prolongation of the southwesterly line of Camino Arroyo, South 32 °05'40" East, 272.03 feet; Thence along the arc of a tangent curve to the left having a radius of 2,440.00 feet, through a central angle of 14 °42'35 ", an arc distance of 626.43 feet to the southeasterly line of said Parcel A; Thence along said line of Parcel A, North 57 °55'30" East, 82.82 feet; Thence leaving said line along the arc of a non - tangent curve to the right having a radius of 2,360.00 feet, the center of which bears North 42 °41'05" East, through a central angle of 15 °13'15 ", an arc distance of 626.94 feet to the prolongation of the northeasterly line of Camino Arroyo; Thence along said prolongation North 32 °05'40" West, 272.38 feet to the easterly corner of Camino Arroyo as shown on said Map; Thence South 57 °39'22" West, 80.00 feet to the Point of Beginning. Containing an area of 1.65 acres, more or less. As shown on the plat attached hereto and made a part hereof. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. Andre S. 'Giafer, hS 8005 Date 13 PARCEL A 808 —M -29 c� z 0 z 0 0 cn w N O O m I N J N O w S57 °39'22 "W r- 80.00' z w N O Cat O N J N W O rl I - Ir N N O I O Qo w -? o mmUl PARCEL A 805 -M -29 RIGHT -OF -WAY - DEDICATION ±1.65 ACRES N I N P.O.B. 4� I 01 o o (R) LEGEND EXISTING RIGHT -OF -WAY NEW RIGHT -OF -WAY LINE CENTERLINE EXISTING PARCEL LINE POINT OF BEGINNING RADIAL BEARING 0 0 o � Ij N W � C3? 5» E R 111.92' 82.82' N57 °55'30 "E 0 150 300 PARCEL 2 PARCEL 2 607 -M -48 686 -M -44 PLAT TO ACCOMPANY DESCRIPTION EXHIBIT "A" GILROY, CALIFORNIA SCALE IN FEET: 1 = 150 1\ 1 RUGGERI-JENSEN -AZAR ENGINEERS ■ PLANNERS ■ SURVEYORS 8055 C,HWwNC3 ARROYO GILRQIY CA 95020 PHONE; ;;4081" 843 --0:M' FAX: (400 S48--002 SCALE: DATE: JOB NO.: i" = 150' 06/21/2011 004068 ---------------------------------------------------------------------- - - - - -- Parcel name: RW- North: 10924.3514 Line Course: S 32 -05 -40 E North: 10693.8948 Curve Length: 626.43 Delta: 14 -42 -35 Chord: 624.71 Course In: N 57 -54 -20 E RP North: 11990.3069 End North: 10211.5020 Line Course: N 57 -55 -30 E North: 10255.4818 Curve Length: 626.94 Delta: 15 -13 -15 Chord: 625.10 Course In: N 42 -41 -05 E RP North: 11990.3069 End North: 10736.4001 Line Course: N 32 -05 -40 W North: 10967.1532 Line Course: S 57 -39 -22 W North: 10924.3533 East : 14586. Length: 272.03 East Radius: Tangent: Course: Course Out: East East Length: 82.82 East Radius: Tangent: Course: Course Out: East East Length: 272.38 East Length: 80.00 East Perimeter: 1960.60 Area: 71,911 1.65 8568 14731.3908 2440.00 314.94 S 39 -26 -57 E- S 43 -11 -45 W- 16798.4940 15128.3284 15198.5063 2360.00 315.33 N 39 -42 -18 W- S 57 -54 -20 W- 16798.5006 14799.1712 14654.4513 14586.8631 Mapcheck Closure - (Uses listed courses, radii, and deltas)- Error Closure: 0.0066 Course: N 73 -12 -27 E• Error North: 0.00189 East : 0.00627 Precision 1: 297,060.61 ' DREW S. GAL CHAFER a No. 8005 • N Exp.12/31 /tz `Q �'9T Opts F0 CALF ALL - PURPOSE ACKNOWLEDGMENT State of n 44 A__ ) County of 5C / On one_ �1 ��� before me, S /�tP�ohti_ � NO�uf f �bA , Date Here Insert Name and Title of Officer Personally appeared SD.S e 1011 P - He 5�J. ELMENHURST Commission #t 1608268 Notary Public - California Santa Clara County Comm. M res An 2, 2012 of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person() whose name0r) is /ere subscribed to the within instrument and acknowledged to me that he /sbe*iey executed the same in his /herftheir authorized capacity(+es&), and that by his /herkheir Signature* on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 4D Document Date: -� %A/lam ZA 1 2D Number of Pages: Signer(s) Other Than Named Above: _T Capacity(ies) Claimed by Signer(s) Signer's Name:.)O k A. ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner—[] Limited ❑ General ❑ Attorney -in -Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conserva r [y� Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: i Top of thumb here CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ; fo YiD�CI D O-ro -, On per; IN AtONZO Commission # 1931989 -.i Notary Public - Cal Santa Clara County my Comm. 29 res A r 15.2015 Place Notary Seal Above who proved to me on the basis �ofatisfactory evidence to be the person(y whose name('] i,SJa e: subscribed to the within instrury)ent and ackr5_o— wledged to me that De she' i y executed the s me i hi hokheir authorized capacity(I and that b hIS/ erf#iei signature on the instrumen{ the person(jo or the entity upon behalf of which the person(�I acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h d and offici seal. Signature Signature of Notary P i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of A Title or Type of Doc Document Date: . / .I ) CtV I I Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .p of 0 2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 A� O® CERTIFICATE OF LIABILITY INSURANCE DATE (MA /DDYYY) IY 6/30/2016 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 endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 One Almaden Boulevard, Suite 960 CONTACT NAME: PHONE FAX E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC • San Jose CA 95113 INSURER A: Federal Insurance Company 20281 $1,000,000 INSURED INSURER B:West American Insurance Company 44393 McCarthy Gilroy, LLC McCarthy GP, LLC, Managing Partner 15425 Los Gatos Blvd, #102 INSURER C: $5,000 INSURER D INSURER E: $1,000,000 Los Gatos CA 95030 INSURER F: $2,000,000 PRODUCTS - COMP /OP AGG COVERAGES CERTIFICATE NIIMBFR. 746231552 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. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR Y BKW1656607930 711/2016 7/1/2017 EACH OCCURRENCE $1,000,000 PRE�EMISES (E occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY F-I PRO JECT [X] LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO E AUTOSNED ALITOSULED X HIRED AUTOS X NON -OWNED AUTOS BKW1656607930 7/1/2016 7/1/2017 Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAZE-- Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 79895148 7/1/2016 7/1/2017 EACH OCCURRENCE $25,000,000 AGGREGATE s25,000,000 DED X RETENTION$NIL $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUI IVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A STATUTE I I ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I s DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Corner of Highway 152 and Cameron Blvd, Gilroy, CA Additional Insured: The City of Gilroy, its Officers, Officials, Representatives, Agents, Employees and Volunteers CERTIFICATE HOLDER CANCELLATION The City of Gilroy 7351 Rosanna St. Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,4*J6,e,9, ® 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 11� 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. 11� However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a, of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". mom (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, —� hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i� However: t� 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. -_ I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: -- An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- -•• fer Of Rights Of Recovery Against Others To Us: _.... We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree - ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8