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HomeMy WebLinkAbout4704 Contract Number. 4704 Vendor HARBORSIDE COMMONS II Subject: Lease - 245 4th Street, Suite 508 Department Econ Devel File Class LEG 12 -1 Begin Date 1/1/2008 End Date- 12/31/2012 Review Date 1/1/2012 Vault Date 2014 Comments Lease s 11/2 Renewal - 2010 month by month basis CLOSED 12/31/12' r � i Becky Hasart, Detector of Financial Services 345 a Street, Suite 600, Bremerton, WA 98337 ° Telephone 360 -473 -5722 ;Gym CO pnooff - - - - - becky hasart@cr bremerton we us Department of Financial Services November 1, 2012 Ron Sher and Stacy Piper 245 LLC Metrovation 10500 NE 8 Street, Suite 850 Bellevue, WA 98004 Re Lease of suites 508/509, 245 4 Street, Bremerton, WA This is to provide you with notice and to Inform you that we are terminating our lease agreement for the above mentioned property as of 12/31/2012 Thank you for accommodating us over the past few years Sincerely, Becky Hasart Director of Financial Service cc Charles Henderson, 245 4 Street Property Manager Roger Lubovich, Bremerton City Attorney Shannon, Bremerton City Clerk Alyce Fierro, Project Assistant, City of Bremerton Contract Number: 4704 Vendor: HARBORSIDE COMMONS II Subject: Lease - 245 4th Street, Suite 508 Department: Econ Devel File Class: LEG 12 -1 Begin Date: 1/1/2008 End Date: 12/31/2011 Review Date: 1/1/2012 Vault Date: Comments: Lease signed 11/24/08 Renewal - 2010 month by month basis ~ ~ f Ii I i GARY SEXTON REDEVELOPMENT PROJECTS ADMINISTRA TOR gary.sexton@cl.bremerton.wa.us November 24, 2008 Ron Sher and Susan Benton 245, LLC and Harborside Commons II, LLC 225 1 08th Avenue NE, Suite 520 Bellevue, WA 98004 Re: Lease: First Renewal of Suite 508/509 of 245 4th Street Building, Bremerton, WA. This is notice to exercise our option for the first renewal of the above mentioned space. If additional documents for signature are required, please send them to: AUn: Gary Sexton, Director of Economic Development City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Thank you, ry e Directo f Economic Development City of Bremerton Tel 380-473.5282 . Fax 380-473-5850 345 ett. Street, Suite 800 Bremerton WA 98337 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4704 HARBORSIDE COMMONS II Lease - 245 Fourth Street Suite 508 Econ Devel LEG 16-3 01/01/2008 12/31/2008 11/01/2008 Lease signed 3/19/08 LEASE THIS LEASE is made and entered into on this date /1/1t r ~ If, 20 d? between 245, LLC, a Washington limited liability company, and HARBORSIDE COMMONS II, LLC, a Washington limited liability company, as tenants in common (hereafter "Lessor") and CITY OF BREMERTON, a municipal corporation of the State of Washington (hereafter "Lessee"). WITNESSETH: 1. Lessor hereby leases, demises and lets to Lessee, and Lessee hereby leases, hires and takes from Lessor those certain premises (the "Premises") described as follows:. That portion of a building, being part of 245 Building in Bremerton, Washington (the "Building"), commonly known as 245 4th Street, described on Exhibit B, shown on the Site Plan marked Exhibit A, containing approximately 1,000 square feet, commonly known as Suite 508. Lessee takes the Premises in its "as is" condition and subject to all applicable zoning, municipal, county and state laws, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the leased Premises. Lessee has conducted its own investigation and has relied entirely thereon and upon those of its agents, representatives and consultants in evaluating said conditions. BUSINESS PURPOSE 2. The Premises are to be used for the purpose of conducting therein business offices for the Department of Economic Development and for no other business or purpose, without the written consent of Lessor. TERM 3. The term of this Lease shall be for one (1) year, and shall commence on the 1st day of January, 2008, and end on the 31 st day of December, 2008, inclusive. RENT 4. Commencing February 1, 2008 (the "Rent Commencement Date") Lessee covenants and agrees to pay the Lessor as rental for said Premises a minimum monthly rental of $1,166.67 in lawful money of the United States in advance on the 1st day of each calendar month of the lease term, to Lessor or to such other party or at such other place as the Lessor may hereafter designate. COMMON AREAS 5. Common Areas Defined - Lessor's Duties. Lessor agrees to operate and maintain during the term of this Lease, all Common Areas within the Building, including the structural portions of the Building and the boiler system. The term "Common Areas" as used in this Lease shall include parking areas, roadways, walkways, driveways, delivery areas, landscaped areas, public restrooms, outside walls, roof, and other areas, facilities and improvements provided by Lessor for the convenience and use of tenants of the Building, their employees, customers and invitees. Lessee agrees to comply with and observe all reasonable rules and regulations established by Lessor from time to time for the Building. Design and Operation of Common Area. The manner and method of operation, maintenance, service and repair of the Common Areas and the expenditures therefor, shall be in the sole and absolute discretion of Lessor. Lessor reserves the right from time to time to make changes in, additions to and deletions from the Common Areas and the purposes to which they are devoted. Lessee's Compliance With Rules. Lessee agrees to comply with such reasonable rules, regulations and charges for parking as Lessor may adopt from time to time for the orderly and proper operation of the Common Areas, including, without limitation, the removal, storage and disposal of refuse and rubbish. REPAIRS 6. The Premises have been inspected and are accepted by Lessee in their "as is" present condition, and Lessee will at all times keep the Premises neat, clean and in a sanitary condition, and except for reasonable wear and tear and damage by fire or other unavoidable casualty, will at all times preserve said Premises in as good repair as they now are or may hereafter be put to, repair and maintenance of lighting fixtures and any door lock changes. All repairs shall be at Lessee's sole cost and expense, except outside walls, roof and foundation, and Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender the said Premises without notice, and in a neat and clean condition, and will deliver up all keys belonging to said Premises to the Lessor or Lessor's agents. Lessor will replace any glass of all windows and doors as may become cracked or broken, unless due to Lessee's negligence which will then become Lessee's responsibility to promptly replace. ACCIDENTS 7. All personal property on said leased Premises shall be at the risk of Lessee. Lessor or Lessor's agents shall not be liable for any damage, either to person or property, sustained by Lessee or others, caused by any defects now in said Premises or hereafter occurring therein, or due to the building in which the leased Premises are situate, or any part or appurtenance thereof, becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer or steam pipes, or from any act or neglect of employees, co-tenants or other occupants of said building, or any other persons, including Lessor or Lessor's agent, or due to the happening of any accident from whatsoever cause in and about said building. Lessee agrees to defend and hold Lessor and Lessor's agent harmless from any and all claims for damages suffered or alleged to be suffered in or about the leased Premises by any person, firm or corporation. LESSEE'S INDEMNITY 8. Lessee shall indemnify and hold harmless Lessor against and from any and all claims, actions, damages, liability and expenses, including attorneys' fees, arising from or out of Lessee's use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the Premises. Lessee shall further indemnify and hold Lessor harmless from any and all claims. arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of the Lease, or arising from any act or negligence of the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all costs, damages, attorneys' fees. and liabilities incurred in defense of any such claim of any action or proceeding brought thereon, including any action or proceeding brought against Lessor by reason of such claim. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Lessor's negligence. Lessee shall give prompt notice to Lessor in case of casualty or accident in the Premises. LESSOR'S LIABILITY 9. Lessor shall not be liable for injury or damage which may be sustained by the person, goods, wares, merchandise or property of Lessee, its employees, invitees or customers, or by any other person in or about the Premises caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or from other sources unless such injury or damage was due to Lessor's negligence or due to the failure of any various utility lines, systems, equipment and/or facilities that Lessor is obligated to maintain. Lessee shall further indemnify and hold Lessor harmless from any and all such claims and from all costs, damages, attorneys' fees, and liabilities incurred in defense of any such claim or any action or proceeding brought thereon, including any action or proceeding brought against Lessor by reason of such claim. Lessor shall not be liable for any damages arising from any act or neglect of any other Lessee of the Building. CARE OF PREMISES 10. The Lessor shall not be called upon to make any repair of any kind upon said Premises, and said Premises shall at all times be kept and used in accordance with the laws of the State of Washington, and in accordance with all directions, rules \45\_Short Form.doc \45\CityBrem3a02.doc 03/12/2008 and regulations of the health officer, fire marshal, building inspector, or other proper officer of any pertinent and authorized public authority and will comply with and conform to all laws and ordinances and any and all lawful requirements and orders of any properly constituted governmental board of authority, at the sole cost and expense of said Lessee; and Lessee will permit no waste, damage or injury to the Premises. USE 11. The Lessee shall conduct and carry on in said Premises the business for which said Premises are leased, and shall not use the Premises for illegal purposes nor shall Lessee use the Premises as a residence. The Lessee agrees that no stock of goods will be carried or anything done in or about the Premises which will increase the present rate of insurance, provided, however, if the Lessee shall engage in such business with the consent of the Lessor, which business shall increase insurance rates, Lessee shall pay such increase. LIENS AND INSOLVENCY 12. Lessee shall keep the leased Premises and the property in which the leased Premises are situated, free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. In the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Lessee, then the Lessor may cancel this Lease at Lessor's option. ASSIGNMENT 13. Lessee shall not, without the written consent of the Lessor or Lessor's agents, let or sublet the whole or any part thereof, nor assign this Lease or any part thereof without the written consent of the Lessor, or Lessor's agents. In the event of any assignment so consented to, a minimum charge of twenty-five percent (25%) of one month's rent shall be made by Lessor or Lessor's agent for services in transferring or assigning this Lease, and shall be paid by Lessee. This Lease shall not be assignable by operation of law. If consent is once given by the Lessor to the assignment of this Lease, or any interest therein, Lessor shall not be barred from afterwards refusing to consent to any further assignment or subletting. ACCESS 14. Lessee will allow Lessor or Lessor's agents free access at all reasonable times to said Premises for the purpose of inspection or of making repairs, additions or alterations to the Premises or any property owned by or under the control of Lessor, but this right shall not be construed as an agreement on the part of the Lessor to make any repairs, all of such repairs to be made by the Lessee as aforesaid. The Lessor shall have the right to place and maintain "For Rent" signs in a conspicuous place on said Premises for thirty (30) days prior to the expiration of this Lease. POSSESSION 15. In the event of the inability of Lessor to deliver possession of the Premises, or any portion thereof, at the time of the commencement of the term of this Lease, neither Lessor nor Lessor's agents shall be liable for any damage caused thereby, nor shall this Lease thereby become void or voidable nor shall the term herein specified be in any way extended, but in such event, Lessee shall not be liable for any rent until such time as Lessor can deliver possession. If the Lessor shall deliver possession of the Premises to the Lessee prior to the commencement date of this Lease, Lessee agrees to accept same at such time and both Lessor and Lessee agree to be bound by all of the provisions and obligations hereunder during such prior period. FIRE AND OTHER CASUALTY 16. In the event the Premises are destroyed or damaged by fire, earthquake or other casualty to such an extent as to render the same untenantable in whole or in a substantial part thereof, it shall be optional with the Lessor to rebuild or repair the same; and after the happening of any such contingency, the Lessee shall give Lessor or Lessor's agents immediate written notice thereof. Lessor shall have not more than ninety (90) days after date of such notification to notify the Lessee in writing of Lessor's intentions to rebuild or repair said Premises, or the part so damaged as aforesaid, and if Lessor elects to rebuild or repair said Premises, Lessor shall prosecute the work of such rebuilding or repairing without unnecessary delay, and during such period the rent of said Premises shall be abated in the same ratio that that portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole of the leased Premises. If the Lessor shall fail to give the notice aforesaid, Lessee shall have the right to declare this Lease terminated by written notice served upon the Lessor or Lessor's agents. In the event the building in which the Premises hereby leased are located shall be destroyed or damaged by fire, earthquake or other casualty (even though the Premises hereby leased shall not be damaged thereby) to such an extent that in the opinion of Lessor it shall not be practicable to rebuild or repair, then it shall be optional with the Lessor to terminate this Lease by written notice serviced on Lessee within ninety (90) days after such destruction or damage. INSURANCE 17. Lessee's Duties. Lessee shall, at all times during the term hereof, at its expense, carry and maintain occurrence claim based insurance policies in the amounts and in the form hereafter provided: (a) Public Liability and Property Damage: Bodily injury liability insurance with limits of not less than One Million Dollars ($1,000,000) per person and One Million Dollars ($1,000,000) per occurrence insuring against any and all liability of the insured with respect to the Premises or arising from the maintenance, use or occupancy thereof, and property damage liability insurance with limits of not less than Five Hundred Thousand Dollars ($500,000) per occurrence. All such insurance shall specifically insure the performance by Lessee of the indemnity agreement as to liability for injury to or death of persons and loss of or damage to property contained in 9 11 "Accidents" of the Lease. Said insurance shall name Lessor as an additional insured, and shall provide that Lessor, although named as an insured shall nevertheless be entitled to recovery thereunder for any loss suffered by it, its agents, servants and employees by reason of Lessee's negligence. Said insurance shall be primary insurance as respects Lessor and not participating with any other available insurance. (b) Plate Glass: As may be applicable, Lessee shall, at its expense, carry and maintain plate glass insurance. (c) Lessee Improvements: Insurance covering all of Lessee's leasehold improvements, trade fixtures, merchandise and other personal property from time to time in the Premises in an amount not less than eighty percent (80%) of their full replacement cost from time to time, providing protection against any peril included within the classification "Fire and Extended Coverage", together with insurance against sprinkler damage vandalism and malicious mischief. The proceeds of such insurance shall, so long as this Lease remains in effect, be used to repair or replace the property damaged or destroyed. (d) Policy Form: All insurance to be carried by Lessee hereunder shall be in companies, on forms and with loss payable clauses satisfactory to Lessor and copies of such policies or certificates evidencing such insurance shall be delivered to Lessor within ten (10) days after delivery of possession of the Premises to Lessee and within thirty (30) days prior to the expiration date of each policy. No such policy shall be cancellable except after twenty (20) days advance written notice to Lessor. Lessee shall have the right to maintain required insurance under blanket policies provided that Lessor is named therein as an additional insured and that the coverage afforded Lessor will not be reduced or diminished by reason thereof. Notwithstanding any other provision hereof, Tenant shall have the right to self-insure for its property damage and casualty coverage insurance obligations. Such self-insurance may be brought within the coverage of a so-called umbrella, excess liability or blanket policy or policies of insurance carried and maintained by the Tenant; provided, however, that the Landlord shall be named as an additional insured thereunder as its interests may appear and that the coverage afforded the Landlord will not be reduced or diminished by reason of Tenant's right to self-insure or of its use of such umbrella, excess liability or blanket policy of insurance, and provided further that the requirements set forth herein are otherwise satisfied. Lessor's Remedy; Lessee's Insurance. If Lessee shall fail to procure and maintain any insurance policy required herein, Lessor may (but shall not be obligated to) procure the same on Lessee's behalf, and the cost of same shall be due with the next installment of rent, together with interest at the maximum rate permitted by law. Waiver of Subrogation. Any insurance carried by either party with respect to the Premises and property contained in the Premises or occurrences related to them shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Lessee shall upon request provide to Lessor written evidence from its insurer or insurance broker that such a clause is contained \45\_Short Form.doc \45\CityBrem3a02.doc 03/12/2008 in Lessee's insurance policy. Each party, notwithstanding any provisions of this Lease to the contrary, waives any right of recovery against the other for injury or loss due to hazards covered by insurance containing such clause or endorsement. PRIORITY OF LEASE AND ESTOPPEL CERTIFICATE 18. Priority of Lease. At Lessor's election, this Lease shall be either superior to or subordinate to any and all trust deeds, mortgages, or other security instruments, ground leases, or leaseback financing arrangements which may hereafter be executed covering the Premises and/or the land underlying the same or any part or parts of either thereof, and for the full amount of all advances made or to be made thereunder together with interest thereon, and subject to all the provisions thereof, all without the necessity of having further instruments executed by Lessee to effectuate the same. Lessee agrees to execute, acknowledge and deliver upon request by Lessor any and all documents or instruments which are or may be deemed necessary or proper by Lessor to more fully and certainly assure the superiority or the subordination of this Lease and to any such trust deeds, mortgages or other security instruments, ground leases, or lease backs. Provided, that if this Lease shall be subordinate, any person or persons purchasing or otherwise acquiring any interest at a foreclosure sale under said trust deed, mortgages or other security instruments, or by termination of said ground leases or lease backs, shall continue this Lease in full force and effect in the same manner as if such person or persons had been named as Lessor herein. This Lease shall continue in full force and effect as aforesaid, and Lessee shall automatically become the Lessee of Lessor's successor in interest and shall attorn to said successor in interest. If requested, Lessee shall execute an attornment agreement satisfactory in form to said successor in interest. Lessee hereby irrevocably appoints Lessor as its attorney-in-fact, coupled with an interest to execute and deliver, for and in the name of Lessee, any document or instrument provided for in this Rider. The words "person" and "persons" as used herein or elsewhere in the Lease shall mean individuals, partnerships, firms, associations and corporations. Modifications Required bv Lender. It is understood by Lessee that during the term of this Lease, Lessor may place new or additional financing upon the Building and in that event, this Lease must be approved by the financing institution making such loans. Accordingly, if any such financial institution requires, as a condition to making of its loan, any non- substantive modification of this Lease, Lessee agrees to enter into an agreement so modifying this Lease. Estoppel Certificate. Lessee shall at any time and from time to time execute, acknowledge and deliver to Lessor, within ten (10) days after Lessor's request therefor, a written statement certifying as follows: (a) That the Lease is unmodified and in full force (or if there has been modification thereof, that the same is in full force as modified and stating the nature thereof); (b) That to the best of its knowledge, there are no uncured defaults on the part of Lessor (or if any such default exists, the specific nature and extent thereof); (c) The date to which any rents and other charges have been paid in advance, if any. If Lessee shall fail to execute and deliver any such statement to Lessor within ten (10) days after Lessor's written request therefor, Lessor may, as Lessee's attorney-in-fact coupled with an interest, execute said statement for and on behalf of Lessee, and in Lessee's name. NOTICES 19. Any notice required to be served in accordance with the terms of this Lease, shall be sent by registered or certified mail or by nationally recognized overnight carrier, the notice from the Lessee to be sent to the Lessor or Lessor's agents, and the notice from the Lessor to be sent to Lessee at the leased Premises. GOVERNMENTAL FEES 20. All fees due the city, county or state on account of any inspection made on said leased Premises by any officer thereof, shall be paid by Lessee. SIGNS 21. All signs or symbols placed in the windows or doors or elsewhere about the Premises, or upon any exterior part of the building, by the Lessee shall be subject to the prior written approval of the Lessor or Lessor's agents. In the event Lessee shall place signs or symbols on the exterior of said building, or in the windows or doors or elsewhere where they are visible from the street, that are not satisfactory to the Lessor or Lessor's agents, the Lessor or Lessor's agents may immediately demand the removal of such signs or symbols, and the refusal of the Lessee to comply with such demand within a period of twenty-four (24) hours will constitute a breach of this Lease, and entitle the Lessor to immediately recover possession of said Premises in the manner provided by law. Any signs so placed on the Premises shall be so placed upon the understanding and agreement that Lessee will remove same at the termination of the tenancy herein created and repair any damage or injury to the Premises and the Building caused thereby, and if not so removed by Lessee then Lessor may have same removed at Lessee's expense. ALTERATIONS 22. Lessee shall not make any alterations, additions or improvements in said Premises, without the consent of Lessor in writing first had and obtained, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Lessee, and at Lessor's sole discretion shall become the property of the Lessor, and shall remain in and be surrendered with the Premises as a part hereof at the termination of this Lease, without disturbance, molestation or injury, or at Lessor's election, Lessee shall remove all of the same prior to the termination of this Lease and at its own cost repair any damage to the Premises and the building caused by such removal. If the Lessee shall perform work with the consent of the Lessor, as aforesaid, Lessee agrees to comply with all laws, ordinances, rules and regulations of the pertinent and authorized public authorities. The Lessee further agrees to save the Lessor free and harmless from damage, loss or expense arising out of the said work. DEFAULT AND RE-ENTRY 23. If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this Lease upon giving the notice required by law, and re-enter said Premises, but notwithstanding such re-entry by the Lessor, the liability of the Lessee for the rent provided for herein shall not be extinguished for the balance of the term of the Lease, and Lessee covenants and agrees to make good to the Lessor any deficiency arising from a re-entry and re-letting of the Premises at a lesser rental than herein agreed to. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. Lessor shall have the right, in the event any installment of rent due from Lessee is not received by Lessor within five (5) days following the due date, to require Lessee to pay to Lessor an additional sum of ten percent (10%) of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies available to Lessor. RELOCATION 24. (Intentionally Deleted) HAZARDOUS MATERIALS 25. Lessee shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Premises by Lessee, its agents, employees, contractors or invitees, except for such Hazardous Material as is reasonably necessary to the conduct of Lessee's business permitted under the Lease. Any Hazardous Material permitted on the Premises as provided for herein, and all containers therefor, shall be used, kept, stored and disposed of in a manner that complies with all federal, state and local laws or regulations applicable to this Hazardous Material. Lessee hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage and disposal of Hazardous Material located on the Premises at any time during Lessee's possession thereof. COSTS AND ATTORNEY'S FEES 26. Should either party hereto institute any action or proceeding in court or in arbitration to enforce any provision hereof or for damages or for declaratory or other relief hereunder, the prevailing party shall be entitled to receive from the losing party, in addition to court and arbitration costs, such amount as the court or arbitrator shall adjudge to be reasonable as \4S\_Short Form.doc \4S\CityBrem3a02.doc 03/12/2008 attorneys' fees for services rendered to said prevailing party, and said amount may be made a part of the judgment or decision against the losing party. NON-WAIVER OF BREACH 27. The failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in anyone or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. REMOVAL OF PROPERTY 28. In the event of any entry in, or taking possession of, the leased Premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased Premises all personal property located therein, and may store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may then be due from Lessee to Lessor under any of the terms hereof, the balance, if any, to be paid to Lessee. HEIRS AND SUCCESSORS 29. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. HOLD-OVER 30. If the Lessee shall, with the written consent of Lessor, hold over after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month-to-month tenancy, which tenancy may be terminated as provided by the Laws of the State of Washington. During such tenancy Lessee agrees to pay to the Lessor the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the term, covenants, and conditions as herein specified, so far as applicable. RIDERS 31. The riders, if any, attached hereto, are made a part of this Lease by reference. OPTION TO RENEW 32. Provided that Lessee is not in default hereunder, either at the time of exercising an option to renew or upon the commencement of any renewal term, Lessor hereby grants to Lessee the option to renew this Lease for two (2) additional terms of one (1) year each ("Renewal Terms") on the same terms and conditions as are provided for in the Lease, except for term, which shall be extended pursuant to this paragraph, and for minimum rent, which shall be: First Renewal Term: Second Renewal Term: $1,166.67 per month $1,166.67 per month Each Renewal Term shall begin upon the expiration of the primary term or prior Renewal Term, as the case may be. The Renewal Terms set forth herein shall not be severable or separately assignable from this Lease. Lessee shall exercise a renewal option by delivering to Lessor written notice of its election to renew no later than one-hundred twenty (120) days prior to the expiration of the primary term or prior Renewal Term, as the case may be. Time is of the essence in the exercise of an option to renew, and Lessee's failure for any reason to exercise a renewal option within the time provided for herein shall constitute a waiver of Lessee's right to exercise such option. PARKING 33. No parking is provided under this Lease. TENANT IMPROVEMENTS 34. Lessor will contribute up to $12,500.00 for tenant improvements. In the event Lessee does not exercise the First Renewal Term, Lessee will reimburse Lessor sixty-seven percent (67%) of the tenant improvement allowance. In the event Lessee exercises the First Renewal Term but does not exercise the Second Renewal Term, Lessee will reimburse Lessor thirty-three percent (33%) of the tenant improvement allowance. IN WITNESS WHEREOF the parties hereto have executed this Lease the day and year first above written. LESSOR: 245, LLC and HARBORSIDE COMMONS II, LLC, as tenants in common Its p~jiliji~~ij M i ~"6frrdvr By ARGUS GROUP LTD., a Washington corpor . n, its Manager By ___ 225 108th Ave. N.E., Suite 520 Bellevue, WA 98004 425-990-1200 LESSOR NOTARY: STATE OF WASHINGTON ss. COUNTY OF KING I certifY that I know or have satisfactory evidence that RONALD SHER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the C.E.O. of Argus Group Ltd., Manager of 245, LLC and Harborside Commons II, LLC, as tenants in common, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. /l1A r~ /9 /)Ct?? INGRID ROWE STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXpiRES 05-25-11 ~/~ I~ir;J~~~ Notary Public in and for the Stat of Washington, residing at ~ y1z '< I. My appointment expires o? S Dated: \4S\_Short Form.doc \4S\CityBrem3a02.doc 03/12/2008 LESSEE NOTARY: ) ~ )ss. COUNTY 0 ;AA.J6J ) I I certify that I know or have satisfactory eVldence that. 'J!f1(:tt:A; ~t:rrn.J me, and said person acknowledged that he~2~~~1J.ed thisj.nstrument, oa.m stated tha instrument and acknowledged it as the -,;ar'~~'<J~ voluntary act of such party for the uses and p rposes mentioned m the mstru Dated: (3/t 'II/) 8 I STATE OF WASHINGTON is the person who appeared before /she was authorized to execute the to be the free and \1,11"""", ",\, v L L L"", "<" <l , '7 L'- " ,~ A ',\,.5-'. II . · D . ,--Ai" ",~ . . 'Y~''''' / V...~ OTA~;. ...t-\ .: . . -; - . . .. ~ : MAY 15, 2010: ~ :.Cf)' .~.: ... :..A... . <.... \7';.. PUBL1C .:/..,.OJ ..~~, ~ ... .. .__,0,~ " 0 ..... u\~" "III f:: WAS....\,'" 11111"'1\ II' 11\" ~i;:cf5~~y- ~e ofwashington~;ring at . ~~~~..(~ . My appointment expires~~S.t2..()J() \45\_Short Form.doc \45\CityBrem3a02.doc 03/12/2008 (4—Th C DATE(MM/DD/YYYY) . ACURO® CERTIFICATE OF LIABILITY INSURANCE 12/29/2016 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 CONTACT NAME: HUB Interntional Northwest LLC PHONE425-489-4500 FAX 425-485-8489 12100 NE 195th St. (A/C,Na,Ext): (AIC.No): Suite 200 E-MAIL ADDRESS:now.info@hubinternational.com now.info@/�hubinternational.com Bothell WA 98011 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company 25674 INSURED ARGUGRO-02 INSURER B: Sher GP, Inc. DBA Sher Partners INSURER C: 10500 NE 8th Street, Suite 1930 Bellevue WA 98004 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1623250431 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WD/ VD POLICY NUMBER (MM/DDIYYYY) IMM/DYYYY) A X COMMERCIAL GENERAL LIABILITY Y N 6305G629355TIL17 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) _ $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 POLICY JET X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N BA5G62935516CAG 1/1/2016 1/1/2017 Ea COMBINED SINGLE LIMIr $1,000,000 ANY AUTO BODILY INJURY(Per person) $ AUT OWNEDSCHEDULED SOSBODILYINJURY(Peraccident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ A UMBRELLA LIAB X OCCUR N N ZUP61M5951216NF 7/1/2016 1/1/2018 EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: 234 Pacific Avenue, Bremerton, WA 98337. Named Insured Includes: Harborside Commons LLC and Penney's Harborside LLC. City of Bremerton is Additional Insured with respect to General Liability as required by written contract per the attached endorsement form CGD467 07/13 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Broadened Named Insured I. Amended Bodily Injury Definition B. Blanket Additional Insured—Broad Form Vendors J. Bodily Injury To Co-Employees And Co-Volunteer C. Damage To Premises Rented To You Workers • Perils of fire, explosion, lightning, smoke, K. Aircraft Chartered With Crew water L. Non-Owned Watercraft—Increased From 25 Feet • Limit increased to $300,000 To 50 Feet D. Blanket Waiver Of Subrogation M. Increased Supplementary Payments E. Blanket Additional Insured — Owners, Managers • Cost of bail bonds increased to $2,500 Or Lessors Of Premises • Loss of earnings increased to $500 per day F. Blanket Additional Insured — Lessors Of Leased N. Knowledge And Notice Of Occurrence Or Offense Equipment - G. Incidental Medical Malpractice O. Unintentional Omission H. Personal Injury—Assumed By Contract P. Reasonable Force — Bodily Injury Or Property Damage - PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD ac - A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION II—WHO The following is added to SECTION 0 — WHO IS AN INSURED: IS AN INSURED: Any person or organization that is a vendor and Any organization, other than a partnership or that you have agreed in a written contract or joint venture, over which you maintain owner- agreement to include as an additional insured on ship or majority interest on the effective date this Coverage Part is an insured, but only with re- of the policy qualifies as a Named Insured. spect to liability for "bodily injury" or "property However, coverage for any such organization damage" that: will cease as of the date during the policy pe- a. 1s caused by an "occurrence"that takes place riod that you no longer maintain ownership of, after you have signed and executed that con- e= or majority interest in, such organization. tract or agreement; and 2. The following replaces Paragraph 4.a. of b. Arises out of "your products" which are dis- SECTION II—WHO IS AN INSURED: tributed or sold in the regular course of such vendor's business. a. Coverage under this provision is afforded •= only until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end of the to the following provisions: policy period, whichever is earlier, unless a. The limits of insurance provided to such ven- reported in writing to us within 180 days. dor will be the limits which you agreed to pro- CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 00897e COMMERCIAL GENERAL LIABILITY vide in the written contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tern- Coverage Part, whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay c. Lightning; damages by reason of the assumption of liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. the absence of the contract or agreement; (2) Any express warranty unauthorized by A separate limit of insurance applies to such damage to premises as described in Para- you; graph 6. of Section III —Limits Of Insurance. (3) Any physical or chemical change in "your products" made intentionally by such This insurance does not apply to damage to vendor; premises while rented to you, or temporarily (4) Repackaging, unless unpacked solely for occupied by you with permission of the owner, caused by: the purpose of inspection, demonstration, testing, or the substitution of parts under a. Rupture, bursting, or operation of ores- instructions from the manufacturer, and sure relief devices; then repackaged in the original container; b. Rupture or bursting due to expansion or (5) Any failure to make such inspections, ad- swelling of the contents of any building or justments, tests or servicing as vendors structure, caused by or resulting from wa- agree to perform or normally undertake to ter; perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines, or steam turbines. of"your products"; {6) Demonstration, installation, servicing or 2. The following replaces Paragraph 6. of SEC- repair operations, except such operations TION 111—LIMITS OF INSURANCE: performed at such vendor's premises in Subject to 5. above, the Damage To Prem- connection with the sale of "your prod- ises Rented To You Limit is the most we will ucts"; or pay under Coverage A for damages because (7) "Your products" which, after distribution of "property damage" to any one premises or sale by you, have been labeled or re- while rented to you, or temporarily occupied labeled or used as a container, part or in- by you with permission of the owner, caused gredient of any other thing or substance by fire, explosion; lightning; smoke resulting by or for such vendor. from such fire, explosion, or lightning; or wa- Coverage under this provision does not apply to: ter. The Damage To Premises Rented To a. Any person or organization from whom you You Limit will apply to all damage proximately caused by the same "occurrence", whether have acquired "your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- panying or containing such products; or plosion, or lightning; water; or any combine- b. Any vendor for which coverage as an addi- tion of any of these. tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A BODILY IN- this Coverage Part for Damage To Prem- JURY AND PROPERTY DAMAGE LIABIL- ises Rented To You Limit. ITY: Page 2 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the a. Is"bodily injury"or"property damage"caused definition of "insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or "advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any menta and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; (3) Lightning; a. The limits of insurance provided to such premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning; or written contract or agreement, or the limits (5) Water. shown on the Declarations of this Coverage Part, whichever are less. is not an "insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV— COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes (b) That is insurance for premises rented to place, or "personal injury" or "advertising you, or temporarily occupied by you with injury" caused by an offense that is corn- the permission of the owner; miffed, after you cease to be a tenant in D. BLANKET WAIVER OF SUBROGATION that premises; or The following is added to Paragraph 8., Transfer (2) Structural alterations, new construction or Of Rights Of Recovery Against Others To Us,• demolition operations performed by or on of SECTION IV — COMMERCIAL GENERAL LI- behalf of such premises owner, manager ABILITY CONDITIONS: or lessor. We waive any right of recovery we may have c. The insurance provided to such premises owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available ONIFINIMIN payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS "your products". We waive this right where you OF LEASE[) EQUIPMENT a= have agreed to do so as part of a written contract, executed by you prior to loss. The following is added to SECTION II —WHO IS AN INSURED: E. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES Any person or organization that is an equipment The following is added to SECTION Il — WHO IS lessor and that you have agreed in a written con- ^ AN INSURED: tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury", owner, manager or lessor and that you have "property damage", "personal injury" or "advertis- agreed in a written contract or agreement to ing injury"that: name as an additional insured on this Coverage a. Is"bodily injury" or"property damage" caused Part is an insured, but only with respect to liability by an "occurrence" that takes place, or "per- for "bodily injury", "property damage", "personal sonal injury" or"advertising injury" caused by injury" or"advertising injury"that: an offense that is committed, after you have CG D4 67 07 13 0 2013 The Travelers Indemnity Company.All right reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 006980 COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- "Good Samaritan services" means any emer- ment; and gency medical services for which no compen- b. Is caused, in whole or in part, by your acts or sation is demanded or received. omissions in the maintenance, operation or 3. The following is added to Paragraph 2.a.(1) of use by you of equipment leased to you by SECTION II—WHO IS AN INSURED: such equipment lessor. Unless you are in the business or occupation The insurance provided to such equipment lessor of providing professional health care services, is subject to the following provisions: Paragraphs (1)(a), (b), (c) and (d) above do a. The limits of insurance provided to such not apply to any "bodily injury" arising out of equipment lessor will be the limits which you any providing or failing to provide "incidental agreed to provide in the written contract or medical services" by any of your "employ- agreement, or the limits shown on the Decla- ees", other than an employed doctor. Any rations of this Coverage Part, whichever are such "employees" providing or failing to pro- less. vide "incidental medical services" during their work hours for you will be deemed to be act- b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or ing within the scope of their employment by You or performing duties related to the con- "property damage" caused by an "occur- duct of your business. rence"that takes place, or"personal injury"or "advertising injury" caused by an offense that 4. The following exclusion is added to Para- is committed, after the equipment lease ex- graph 2., Exclusions, of SECTION I — COV- pires. ERAGES —COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: c. The insurance provided to such equipment lessor is excess over any valid and collectible Sale Of Pharmaceuticals other insurance available to such equipment "Bodily injury" or "property damage" arising lessor, unless you have agreed in a written out of the willful violation of a penal statute or contract for this insurance to apply on a pri- ordinance relating to the sale of pharmaceuti- mary or contributory basis, cals committed by, or with the knowledge or G. INCIDENTAL MEDICAL MALPRACTICE consent of, the insured. 1. The following is added to the definition of"oc- 5. The following is added to Paragraph 5. of currence" in the DEFINITIONS Section: SECTION III—LIMITS OF INSURANCE: Unless you are in the business or occupation For the purposes of determining the applica- of providing professional health care services, ble Each Occurrence Limit, all related acts or "occurrence" also means an act or omission omissions committed in the providing or fail- committed in providing or failing to provide ing to provide "incidental medical services" to "incidental medical services"to a person. any one person will be considered one "oc- currence". 2. The following is added to the DEFINITIONS Section: 6. The following is added to Paragraph 4.b., Ex- cessCOM- "Incidental medical services" means: Insurance, of SECTION IV —MERCIAL GENERAL LIABILITY CONDI- a. Medical, surgical, dental, laboratory, x-ray TIONS: or nursing service or treatment, advice or This insurance is excess over any valid and instruction, or the related furnishing of collectible other insurance, whether primary, food or beverages; excess, contingent or on any other basis, that b. The furnishing or dispensing of drugs or is available to any of your "employees" for medical, dental, or surgical supplies or "bodily injury" that arises out of providing or appliances; failing to provide "incidental medical services" c. First aid; or to any person to the extent not subject to d. "Good Samaritan services". Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. Page 4 of 7 'J 2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY H. PERSONAL INJURY — ASSUMED BY CON- 3. The following replaces Paragraph 2.d. of TRACT SUPPLEMENTARY PAYMENTS — COVER- 1. The following replaces Exclusion e., Contrac- AGES A AND B: tual Liability, in Paragraph 2. of SECTION I d. The allegations in the "suit" and the in- - COVERAGES — COVERAGE B PER- formation we know about the "occur- SONAL AND ADVERTISING INJURY LI- rence" or offense are such that no conflict ABILITY: appears to exist between the interests of e. Contractual Liability the insured and the interests of the in- "Personal injury" or"advertising injury"for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract" in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a (2) Liability for damages because of municipality) under which you assume the "personal injury" assumed in a con- tort liability of another party to pay for tract or agreement that is an "insured "bodily injury," "property damage" or"per- contract", provided that the "personal sonal injury"to a third person or organiza- injury" is caused by an offense corn- tion. Tort liability means a liability that mitted subsequent to the execution of would be imposed by law in the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed in I. AMENDED BODILY INJURY DEFINITION an "insured contract", reasonable at- torneys fees and necessary litigation The following replaces the definition of "bodily in- expenses incurred by or for a party jury" in the DEFINITIONS Section: other than an insured will be deemed to be damages because of "personal "Bodily injury" means bodily injury, mental an- •= injury", that: guish, mental injury, shock, fright, disability, hu- (a) Liability to such party for, or for miliation, sickness or disease sustained by a per- m= the cost of, that party's defense son, including death resulting from any of these at has also been assumed in the any time. same "insured contract"; and J. BODILY INJURY TO CO-EMPLOYEES AND (b) Such attorney fees and litigation CO-VOLUNTEER WORKERS expenses are for defense of that The following is added to Paragraph 2.a.(1) of party against a civil or alternative SECTION II—WHO IS AN INSURED: dispute resolution proceeding in which damages to which this in- Paragraph (1)(a) above does not apply to "bodily surance applies are alleged, injury" to a co-"employee" in the course of the co- 2. The following replaces the third sentence of "employee's" employment by you or performing Paragraph 2. of SUPPLEMENTARY PAY- duties related to the conduct of your business. or MENTS—COVERAGES A AND B: to "bodily injury"to your other"volunteer workers" while performing duties related to the conduct of Notwithstanding the provisions of Paragraph your business. 2.b.(2)of Section I —Coverage A — Bodily In- K. AIRCRAFT CHARTERED WITH CREW jury And Property Damage Liability or Para- graph 2.e. of Section I — Coverage B — Per- The following is added to Exclusion g., Aircraft, sonal and Advertising Injury Liability, such Auto Or Watercraft, in Paragraph 2. of SECTION payments will not be deemed to be damages I — COVERAGES — COVERAGE A BODILY IN- because of "bodily injury", "property damage" JURY AND PROPERTY DAMAGE LIABILITY: or "personal injury", and will not reduce the This exclusion does not apply to an aircraft that limits of insurance. is: CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. C08981 COMMERCIAL GENERAL LIABILITY (a) Chartered with crew to any insured; e. The following provisions apply to Paragraph (b) Not owned by any insured; and a. above, but only for the purposes of the in- surance(c) Not beingused to carryany provided under this Coverage Part to person or prop- you or any insured listed in Paragraph 1. or 2. erty for a charge. of Section II —Who Is An Insured: L. NON-OWNED WATERCRAFT (1) Notice to us of such "occurrence" or of- 1. The following replaces Paragraph (2) of Ex- tense must be given as soon as practice- elusion g., Aircraft, Auto Or Watercraft, in ble only after the "occurrence" or offense Paragraph 2. of SECTION I — COVERAGES is known to you (if you are an individual), — COVERAGE A BODILY INJURY AND any of your partners or members who is PROPERTY DAMAGE LIABILITY: an individual (if you are a partnership or (2) A watercraft you do not own that is: joint venture), any of your managers who is an individual (if you are a limited liability (a) Fifty feet long or less; and company), any of your trustees who is an (b) Not being used to carry any person or individual (if you are a trust), any of your property for a charge. "executive officers" or directors (if you are 2. The following is added to Paragraph 2. of an organization other than a partnership, SECTION II—WHO IS AN INSURED: joint venture, limited liability company or trust) or any "employee" authorized by Any person or organization that, with your ex- you to give notice of an "occurrence" or press or implied consent, either uses or is re- offense. sponsible for the use of a watercraft that you do not own that is: (2) if you are a partnership, joint venture, lim- ited liability company or trust, and none of (1) Fifty feet long or less; and your partners, joint venture members, (2) Not being used to carry any person or managers or trustees are individuals, no- property for a charge. tice to us of such "occurrence" or offense M. INCREASED SUPPLEMENTARY PAYMENTS must be given as soon as practicable only after the "occurrence"or offense is known 1. The following replaces Paragraph 1.b. of by: SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- (a) Any individual who is: AGES: (i) A partner or member of any part- b. Up to $2,500 for cost of bail bonds re- nership or joint venture; quired because of accidents or traffic law (ii) A manager of any limited liability violations arising out of the use of any company; vehicle to which the Bodily Injury Liability (iii)A trustee of any trust; or Coverage applies. We do not have to fur- nish these bonds. (iv)An executive officer or director of any other organization; 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- that is your partner, joint venture AGES A AND B of SECTION I — COVER- member, manager or trustee; or AGES: (b) Any "employee" authorized by such d. All reasonable expenses incurred by the partnership, joint venture, limited li- ability company, trust or other organi- insured at our request to assist us in the zation to give notice of an "occur investigation or defense of the claim or "suit", including actual loss of earnings up rence" or offense. to $500 a day because of time off from (3) Notice to us of such "occurrence" or of- work. fense will be deemed to be given as soon N. KNOWLEDGE AND NOTICE OF OCCUR- as practicable if it is given in good faith as RENCE OR OFFENSE soon as practicable to your workers' compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: Page 6 of 7 *2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY in Paragraphs e.(1) or (2) above discov- relied upon in issuing this policy will not prejudice ers that the "occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tionaf premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble insurance laws or regulations. ment that provides limited coverage for "bod- P. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or The following replaces Exclusion a., Expected Or escape of "pollutants" which contains a re- Intended Injury, in Paragraph 2. of SECTION I— quirement that the discharge, release or es- COVERAGES — COVERAGE A BODILY IN- cape of "pollutants" must be reported to us JURY AND PROPERTY DAMAGE LIABILITY: within a specific number of days after its abrupt commencement, this Paragraph e. a. Expected or Intended Injury or Damage does not affect that requirement. "Bodily injury" or"property damage" expected O. UNINTENTIONAL OMISSION or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- The following is added to Paragraph 6., Repre- ily injury" or"property damage" resulting from sentations, of SECTION IV — COMMERCIAL the use of reasonable force to protect any GENERAL LIABILITY CONDITIONS: person or property. The unintentional omission of, or unintentional er- ror in, any information provided by you which we ow▪n= � 1,11111.1 0= =�▪ � O� m= nIMMO. o= CG D4 67 07 13 O 2013 The Travelers Indemnity Company.All right reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 006982 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or • limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to � the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- t age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Amended Bodily Injury Definition Z.' B. Blanket Additional Insured — Broad Form Vendors J. Bodily Injury To Co-Employees And Co-Volunteer C. Damage To Premises Rented To You Workers • Perils of fire, explosion, lightning, smoke, K. Aircraft Chartered With Crew water L. Non-Owned Watercraft— Increased From 25 Feet • Limit increased to$300,000 To 50 Feet D. Blanket Waiver Of Subrogation M. Increased Supplementary Payments • E. Blanket Additional Insured — Owners, Managers • Cost of bail bonds increased to $2,500 Or Lessors Of Premises • Loss of earnings increased to$500 per day ti F. Blanket Additional Insured — Lessors Of Leased N. Knowledge And Notice Of Occurrence Or Offense Equipment t.4* G. Incidental Medical Malpractice O. Unintentional Omission P. Reasonable Force — Bodily Injury Or Property O H. Personal Injury—Assumed By Contract Damage • PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS The following is added to SECTION II — WHO IS 1. The following is added to SECTION II —WHO AN INSURED: IS AN INSURED: Any person or organization that is a vendor and Any organization, other than a partnership or that you have agreed in a written contract or joint venture, over which you maintain owner- agreement to include as an additional insured on ".t ship or majority interest on the effective date this Coverage Part is an insured, but only with re- of the policy qualifies as a Named Insured. spect to liability for "bodily injury" or "property ti However, coverage for any such organization damage"that: will cease as of the date during the policy pe- a. Is caused by an "occurrence"that takes place hod that you no longer maintain ownership of, after you have signed and executed that con- or majority interest in, such organization. tract or agreement; and 2. The following replaces Paragraph 4.a. of b. Arises out of "your products" which are dis- SECTION II—WHO IS AN INSURED: tributed or sold in the regular course of such vendor's business. a. Coverage under this provision is afforded only until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end of the to the following provisions: policy period, whichever is earlier, unless a. The limits of insurance provided to such ven- reported in writing to us within 180 days. dor will be the limits which you agreed to pro- ' CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY vide in the written contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tern- Coverage Part, whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay damages by reason of the assumption of c. Lightning; liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or • damages that the vendor would have in e. Water. .�,• the absence of the contract or agreement; p (2) Any express warranty unauthorized by A separate limit of insurance applies to such damage to premises as described in Para- %) you; ;., graph 6. of Section III—Limits Of Insurance. 0.4 (3) Any physical or chemical change in "your ti products" made intentionally by such This insurance does not apply to damage to vendor; premises while rented to you, or temporarily (4) Repackaging, unless unpacked solely for occupied by you with permission of the the purpose of inspection, demonstration, owner, caused by: I. testing, or the substitution of parts under a. Rupture, bursting, or operation of pres- p instructions from the manufacturer, and sure relief devices; then repackaged in the original container; b. Rupture or bursting due to expansion or (5) Any failure to make such inspections, ad- swelling of the contents of any building or LO justments, tests or servicing as vendors structure, caused by or resulting from wa- .4 agree to perform or normally undertake to ter; perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines, or steam turbines. of"your products"; (6) Demonstration, installation, servicing or 2. The following replaces Paragraph 6. of SEC- ,. TION III — LIMITS OF INSURANCE: O repair operations, except such operations ••+ performed at such vendor's premises in Subject to 5. above, the Damage To Prem- connection with the sale of "your prod- ises Rented To You Limit is the most we will ucts"; or pay under Coverage A for damages because of "property damage" to any one premises(7) "Your products" which, after distribution '` or sale by you, have been labeled or re- while rented to you, or temporarily occupied labeled or used as a container, part or in- by you with permission of the owner, caused •,: gredient of any other thing or substance by fire; explosion; lightning; smoke resulting ^+w~„ by or for such vendor. from such fire, explosion, or lightning; or wa- Coverage under this provision does not apply to: ter. The Damage To Premises Rented To You Limit will apply to all damage proximately a. Any person or organization from whom you caused by the same "occurrence", whether I.., have acquired "your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- panying or containing such products; or plosion, or lightning; water; or any combina- b. Any vendor for which coverage as an addi- tion of any of these. tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — b. The amount shown on the Declarations of COVERAGES — COVERAGE A BODILY IN- this Coverage Part for Damage To Prem- JURY AND PROPERTY DAMAGE LIABIL- ises Rented To You Limit. ITY: Page 2 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the a. Is "bodily injury" or"property damage" caused definition of "insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or "advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any menta and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; O a. The limits of insurance provided to such y (3) Lightning; premises owner, manager or lessor will be ., (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the IV , plosion, or lightning; or written contract or agreement, or the limits "' (5) Water. shown on the Declarations of this Coverage Z Part, whichever are less. is not an "insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV — COMMERCIAL GENERAL 4 (1) Bodily injury" or "property damage"e" LIABILITY CONDITIONS:� caused by an "occurrence" that takes y • (b) That is insurance for premises rented to place, or "personal injury" or "advertising i"... you, or temporarily occupied by you with injury" caused by an offense that is com- O the permission of the owner; mitted, after you cease to be a tenant in '� D. BLANKET WAIVER OF SUBROGATION that premises; or �' The following is added to Paragraph 8., Transfer (2) Structural alterations, new construction or Of Rights Of Recovery Against Others To Us, demolition operations performed by or on ; • of SECTION IV — COMMERCIAL GENERAL LI- ., behalf of such premises owner, manager 4 ABILITY CONDITIONS: or lessor. We waive any right of recovery we may have c. The insurance provided to such premises owner, manager or lessor is excess over any ~ against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract Lor loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS "your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, executed by you prior to loss. The following is added to SECTION II — WHO IS o E. BLANKET ADDITIONAL INSURED — OWNERS, AN INSURED: MANAGERS OR LESSORS OF PREMISES Any person or organization that is an equipment Z lessor and that you have agreed in a written con- q The following is added to SECTION II —WHO IS tract or agreement to include as an additional in- AN INSURED: sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury", owner, manager or lessor and that you have "property damage", "personal injury" or "advertis- agreed in a written contract or agreement to ing injury"that; name as an additional insured on this Coverage a. Is "bodily injury" or"property damage" caused Part is an insured, but only with respect to liability by an "occurrence" that takes place, or "per- for "bodily injury", "property damage", "personal sonal injury" or "advertising injury" caused by injury"or"advertising injury" that: an offense that is committed, after you have CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- "Good Samaritan services" means any emer- ment; and gency medical services for which no compen- b. Is caused, in whole or in part, by your acts or sation is demanded or received. omissions in the maintenance, operation or 3. The following is added to Paragraph 2.a.(1) of use by you of equipment leased to you by SECTION II—WHO IS AN INSURED: such equipment lessor. Unless you are in the business or occupation The insurance provided to such equipment lessor of providing professional health care services, is subject to the following provisions: Paragraphs (1)(a), (b), (c) and (d) above do a. The limits of insurance provided to such not apply to any "bodily injury" arising out of equipment lessor will be the limits which you any providing or failing to provide "incidental ,r. agreed to provide in the written contract or medical services" by any of your "employ- agreement, or the limits shown on the Decla ees", other than an employed doctor. Any rations of this Coverage Part, whichever are such "employees" providing or failing to pro- , less. vide "incidental medical services" during their work hours for you will be deemed to be act- b. The insurance provided to such equipment ingwithin the scope of their employment ti lessor does not apply to any "bodily injury" or p by .. „ you or performing duties related to the con- n property damage" caused by an 'occur duct of your business. rence"that takes place, or"personal injury" or "advertising injury" caused by an offense that 4. The following exclusion is added to Para o is committed, after the equipment lease ex- graph 2., Exclusions, of SECTION I — COV- 4•, Aires. ERAGES — COVERAGE A BODILY INJURY C. The insurance provided to such equipment AND PROPERTY DAMAGE LIABILITY: lessor is excess over any valid and collectible Sale Of Pharmaceuticals other insurance available to such equipment "Bodily injury" or "property damage" arising 'y lessor, unless you have agreed in a written out of the willful violation of a penal statute or ti contract for this insurance to apply on a pri- ordinance relating to the sale of pharmaceuti- mary or contributory basis. cals committed by, or with the knowledge or . G. INCIDENTAL MEDICAL MALPRACTICE consent of, the insured. O 1. The following is added to the definition of"oc- 5. The following is added to Paragraph 5. of ...4currence" in the DEFINITIONS Section: SECTION III—LIMITS OF INSURANCE: O Unless you are in the business or occupation For the purposes of determining the applica- of providing professional health care services, ble Each Occurrence Limit, all related acts or .. "occurrence" also means an act or omission omissions committed in the providing or fail committed in providing or failing to provide ing to provide "incidental medical services" to "incidental medical services"to a person. any one person will be considered one "oc- 2. The following is added to the DEFINITIONS currence". Section: 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- "Incidental medical services" means: MERCIAL GENERAL LIABILITY CONDI- " a. Medical, surgical, dental, laboratory, x-ray TIONS: or nursing service or treatment, advice or This insurance is excess over any valid and Z instruction, or the related furnishing of qcollectible other insurance, whether primary, food or beverages; excess, contingent or on any other basis, that b. The furnishing or dispensing of drugs or is available to any of your "employees" for medical, dental, or surgical supplies or "bodily injury" that arises out of providing or appliances; failing to provide "incidental medical services" c. First aid; or to any person to the extent not subject to d. "Good Samaritan services". Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. Page 4 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY H. PERSONAL INJURY — ASSUMED BY CON- 3. The following replaces Paragraph 2.d. of TRACT SUPPLEMENTARY PAYMENTS — COVER- 1. The following replaces Exclusion e., Contrac- AGES A AND B: tual Liability, in Paragraph 2. of SECTION I d. The allegations in the "suit" and the in- - COVERAGES — COVERAGE B PER- formation we know about the "occur- SONAL AND ADVERTISING INJURY LI- rence" or offense are such that no conflict ABILITY: appears to exist between the interests of e. Contractual Liability the insured and the interests of the in- "Personal injury"or "advertising injury" for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract" in the DEFINITIONS Section: p exclusion does not apply to: f. That part of any other contract or agree- s (1) Liability for damages that the insured ment pertaining to your business (includ- ywould have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a (2) Liability for damages because of municipality) under which you assume the O "personal injury" assumed in a con- tort liability of another party to pay for tract or agreement that is an "insured "bodily injury," "property damage" or "per- contract", provided that the "personal sonal injury"to a third person or organiza- injury" is caused by an offense corn- tion. Tort liability means a liability that 4.. mitted subsequent to the execution of would be imposed by law in the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed in I. AMENDED BODILY INJURY DEFINITION O an "insured contract", reasonable at- torneys fees and necessary litigation The following replaces the definition of "bodily in- 'ft' expenses incurred by or for a party jury" in the DEFINITIONS Section: r other than an insured will be deemed "Bodily injury" means bodily injury, mental an- to be damages because of "personal guish, mental injury, shock, fright, disability, hu- t..)' injury", provided that: ;,r miliation, sickness or disease sustained by a per- (a) Liability to such party for, or for son, including death resulting from any of these at ft, the cost of, that party's defense has also been assumed in the any time. V same "insured contract"; and J. BODILY INJURY TO CO-EMPLOYEES AND (b) Such attorney fees and litigation CO-VOLUNTEER WORKERS expenses are for defense of that The following is added to Paragraph 2.a.(1) of party against a civil or alternative SECTION II—WHO IS AN INSURED: dispute resolution proceeding in '� which damages to which this in- Paragraph (1)(a) above does not apply to "bodily '� surance applies are alleged. injury" to a co-"employee" in the course of the co- ".t "employee's" employment by you or performing '� 2. The following replaces the third sentence of duties related to the conduct of your business, or Paragraph 2. of SUPPLEMENTARY PAY- 1,... MENTS—COVERAGES A AND B: to "bodily injury" to your other "volunteer workers" ft., while performing duties related to the conduct of '` Notwithstanding the provisions of Paragraph your business. O 2.b.(2) of Section I — Coverage A — Bodily In- C4 jury And Property Damage Liability or Para- K. AIRCRAFT CHARTERED WITH CREW graph 2.e. of Section I — Coverage B — Per- The following is added to Exclusion g., Aircraft, sonal and Advertising Injury Liability, such Auto Or Watercraft, in Paragraph 2. of SECTION payments will not be deemed to be damages I — COVERAGES — COVERAGE A BODILY IN- because of "bodily injury", "property damage" JURY AND PROPERTY DAMAGE LIABILITY: or "personal injury", and will not reduce the This exclusion does not apply to an aircraft that limits of insurance. is: CG D4 67 07 13 ©2013 The Travelers Indemnity Company.At right reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY (a) Chartered with crew to any insured; e. The following provisions apply to Paragraph (b) Not owned by any insured; and a. above, but only for the purposes of the in- surance provided under this Coverage Part to (c) Not being used to carry any person or prop- you or any insured listed in Paragraph 1. or 2. erty for a charge. of Section II-Who Is An Insured: L. NON-OWNED WATERCRAFT (1) Notice to us of such "occurrence" or of- 1. The following replaces Paragraph (2) of Ex- fense must be given as soon as practica- clusion g., Aircraft, Auto Or Watercraft, in ble only after the "occurrence" or offense Paragraph 2. of SECTION I - COVERAGES is known to you (if you are an individual), - COVERAGE A BODILY INJURY AND any of your partners or members who is PROPERTY DAMAGE LIABILITY: an individual (if you are a partnership or � : joint venture), any of your managers who ,r• (2) A watercraft you do not own that is: is an individual (if you are a limited liability O (a) Fifty feet long or less; and company), any of your trustees who is an -.., (b) Not being used to carry any person or individual (if you are a trust), any of your y property for a charge. "executive officers"or directors (if you are 2. The following is added to Paragraph 2. of an organization other than a partnership, I. SECTION II-WHO IS AN INSURED: joint venture, limited liability company or trust) or any "employee" authorized by Any person or organization that, with your ex- you to give notice of an "occurrence" or press or implied consent, either uses or is re- offense. i sponsible for the use of a watercraft that you O (2) If you are a partnership,joint venture, lim- Zi do not own that is: ited liability company or trust, and none of (1) Fifty feet long or less; and your partners, poi t venture members, (2) Not being used to carry any person or managers or trustees are individuals, no- property for a charge. tice to us of such "occurrence" or offense 41 •rte., M. INCREASED SUPPLEMENTARY PAYMENTS must be given as soon as practicable only 0-4after the "occurrence"or offense is known 1. The following replaces Paragraph 1.b. of by: SUPPLEMENTARY PAYMENTS - COVER- (a) Any individual who is: :*, AGES A AND B of SECTION I - COVER- ., AGES: (i) A partner or member of any part- b. Up to $2,500 for cost of bail bonds re- nership or joint venture; Z quired because of accidents or traffic law (ii) A manager of any limited liability violations arising out of the use of any company; vehicle to which the Bodily Injury Liability (iii) A trustee of any trust; or p Coverage applies. We do not have to fur- nish these bonds. (iv) An executive officer or director of any other organization; 2. The following replaces Paragraph 1.d. of that is your partner, joint venture SUPPLEMENTARY PAYMENTS - COVER- member, manager or trustee; or AGES A AND B of SECTION I - COVER- AGES: (b) Any "employee" authorized by such Od. All reasonable expenses incurred by the partnership, joint venture, limited H- Z insured at our request to assist us in the ability company, trust or other organi- Z investigation or defense of the claim or zation to give notice of an "occur- "suit", including actual loss of earnings up rence"or offense. to $500 a day because of time off from (3) Notice to us of such "occurrence" or of- work. fense will be deemed to be given as soon N. KNOWLEDGE AND NOTICE OF OCCUR- as practicable if it is given in good faith as RENCE OR OFFENSE soon as practicable to your workers' compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV - COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: Page 6 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY in Paragraphs e.(1) or (2) above discov- relied upon in issuing this policy will not prejudice ers that the 'occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ole insurance laws or regulations. ment that provides limited coverage for "bod- P. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or The following replaces Exclusion a., Expected Or escape of "pollutants" which contains a re- Intended Injury, in Paragraph 2. of SECTION I — quirement that the discharge, release or es- COVERAGES — COVERAGE A BODILY IN- cape of "pollutants" must be reported to us •.,• JURY AND PROPERTY DAMAGE LIABILITY: within a specific number of days after its abrupt commencement, this Paragraph e. a. Expected or Intended Injury or Damage ,`J, does not affect that requirement. "Bodily injury" or "property damage" expected O. UNINTENTIONAL OMISSION or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- The following is added to Paragraph 6., Repre- ily injury" or "property damage" resulting from sentations, of SECTION IV — COMMERCIAL the use of reasonable force to protect any GENERAL LIABILITY CONDITIONS: person or property. The unintentional omission of, or unintentional er- ror in, any information provided by you which we ti . .V V• ti ti •v !ti CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. ACORD TM EVIDENCE OF COMMERCIAL PROPERTY INSURANCE 12iz9i2o1 ) THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER NAME,CONTACT PHONE 425-489-4500 COMPANY NAME AND ADDRESS NAIC NO: 25674 PERSON AND ADDRESS C•No.Ext): FAX (A/C,No): 425-485-8489 Travelers Property Casualty Company of America E-MAIL ADDRESS:now.info@hub international. Bothell, WA-Hub International Northwest 12100 NE 195th St. Suite 200 CODE: SUB CODE: AGENCY IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH CUSTOMER ID#: NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Sher GP, Inc. DBA Sher Partners 6305G629355TIL17 10500 NE 8th Street, Suite 1930 — Bellevue, WA 98004 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 01/01/2017 01/01/2018 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: Harborside Commons, LLC; Penney's Harborside LLC PROPERTY INFORMATION(Use additional sheets if more space is required) LOCATION/DESCRIPTION 234 Pacific Avenue, Bremerton, WA 98337 COVERAGE INFORMATION CAUSE OF LOSS FORM BASIC BROAD X SPECIAL OTHER COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 51,421,045 DED: 10,000 YES NO BUSINESS INCOME/RENTAL VALUE X If YES, LIMIT:1,600,000 Actual Loss Sustained #of months: BLANKET COVERAGE X If YES,indicate amount of insurance on properties identified above: $ TERRORISM COVERAGE X Attach signed Disclosure Notice/DEC IS COVERAGE PROVIDED FOR"CERTIFIED ACTS"ONLY? x If YES, SUB LIMIT: DED: IS COVERAGE A STAND ALONE POLICY? x If YES, LIMIT: DED: DOES COVERAGE INCLUDE DOMESTIC TERRORISM? x If YES, SUB LIMIT: DED: COVERAGE FOR MOLD x If YES, LIMIT: DED: MOLD EXCLUSION(If"YES",specify organization's form used) X CGF-241 REPLACEMENT COST X AGREED AMOUNT X COINSURANCE x If YES, EQUIPMENT BREAKDOWN(If Applicable) X If YES, LIMIT:Bldg Limit DED: 10,000 LAW AND ORDINANCE -Coverage for loss to undamaged portion of building x If YES, LIMIT:Bldg Limit DED: -Demolition Costs X If YES, LIMIT:2,500,000 DED: -Incr.Cost of Construction X If YES, LIMIT:2,5 0 0,0 0 0 DED: EARTHQUAKE(If Applicable) x If YES, LIMIT: DED: FLOOD(If Applicable) x If YES, LIMIT: DED: WIND/HAIL(If Separate Policy) X If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION PRIOR TO LOSS X REMARKS-Including Special Conditions(Use additional sheets if more space is required) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 10 DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST,IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS LENDER SERVICING AGENT NAME AND ADDRESS City of Bremerton 345 6th Street Suite 600 Bremerton WA 98337 MORTGAGEE X Evidence Only AUTHORIZED REPRESENTATIVE• LOSS PAYEE �,V( ACORD 28(2003/10) ©ACORD CORPORATION 2003 0' / p K .• � - Client#:790316 SHERPARTI (4 10 DATE(MM/DD ) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/31/2014 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). ECI!'V/ED PRODUCER CONTACT Christine Yahn • HUB Intl Insurance Serv.Inc PHONE FAX (A/C,No,Ext):925 866 7050 (A/C No): 925 265 9001 License#0757776 FEB 0 EMAIL 3000 Executive Parkway Suite 300 201 ADDREss: Christine.Yahn@Hubinternational.com San Ramon,CA 94583 INSURER(S)AFFORDING COVERAGE NAIL# city of Bremerf011INSURERA:Travelers Indemnity Co of CT 25658 INSURED Argus Group Ltd.dba:Sher Partnerf it" Attorney's Oft ceURER B:Travelers Property Casualty Ins 36161 INSURER C: 10500 N.E.8th Street,#850 Bellevue,WA 98004 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X 6301E161194 01/31/2014 01/01/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 • CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: • PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY PROT X LOC $ JEC B AUTOMOBILE LIABILITY BAI EI61194 01/31/2014 01/01/2015i CEa OMBIaccidNEDent)SINGLE LIMIT $1,000,000 ( •_ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ B UMBRELLA LIAB X OCCUR EX1E161194. 01/31/2014 01/01/2O15EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$O $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY-PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:234 Pacific Avenue,Bremerton,WA 98337. Named Insured Includes: Harborside Commons LLC and Penney's Harborside LLC.City of Bremerton is named as Additional Insured with respect to General Liability as required by written contract per the attached. • • CERTIFICATE HOLDER CANCELLATION Cityof Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED,� X REPRESENTATIVEPR o!!< B L— ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2666212/M2666163 AU41 t Policy #6301E161194 Effective 1/31/14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERNATIONAL XTEND ENDORSEMENT FOR SERVICE INDUSTRIES. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured J. Amended Bodily Injury Definition B. Blanket Additional Insured — Broad Form K. Bodily Injury to Co-Employees and Co- Vendors Volunteer Workers C. Limited Worldwide Liability Coverage — In- L. Aircraft Chartered with Crew demnity Basis M. Non-Owned Watercraft — Increased from 25 D. Damage To Premises Rented To You feet to 50 feet • Perils of fire, explosion, lightning, smoke, N. Increased Supplementary Payments water • Cost of bail bonds increased to$2,500 • Limit increased to$300,000 • Loss of earnings increased to $500 E. Blanket Waiver of Subrogation per day F. Blanket Additional Insured—Owners, Manag- O. Knowledge and Notice of Occurrence or ers or Lessors of Premises Offense G. Blanket Additional Insured — Lessors of P. Unintentional Omission Leased Equipment Q. Reasonable Force— Bodily Injury or Property H, Incidental Medical Malpractice Damage I. Personal Injury—Assumed by Contract R. Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees PROVISIONS 2. The following replaces Paragraph 4.a. of A. BROADENED NAMED INSURED SECTION II—WHO IS AN INSURED: 1. The following is added to SECTION 11—WHO a. Coverage under this provision is afforded 1S AN INSURED: only until the 180th day after you acquire or form the organization or the end of the Any organization, other than a partnership or policy period, whichever is earlier, unless joint venture, over which you maintain owner- reported in writing to us within 180 days. ship or majority interest on the effective date B. BLANKET ADDITIONAL INSURED — BROAD of the policy qualifies as a Named Insured. FORM VENDORS However, coverage for any such organization will cease as of the date during the policy pe- The following is added to SECTION II —WHO IS riod that you no longer maintain ownership of, AN INSURED: or majority interest in, such organization. Any person or organization that is a vendor and that you have agreed in a written contract or CG D4 67 12 08 ©2008 The Travelers Companies,Inc. Page 1 of 9 COMMERCIAL GENERAL LIABILITY agreement to include as an additional insured on gredient of any other thing or substance this Coverage Part is an insured, but only with re- by or for such vendor. spect to liability for "bodily injury" or "property Coverage under this provision does not apply to: damage"that: a. Any person or organization from whom you a. Is caused by an"occurrence"that takes place have acquired "your products", or any ingre- after you have signed and executed that con- dient, part or container entering into, accom- tract or agreement;and panying or containing such products;or b. Arises out of "your products" which are dis- b. Any vendor for which coverage as an addi- tributed or sold in the regular course of such tional insured specifically is scheduled by en- vendor's business. dorsement. The insurance provided to such vendor is subject C. LIMITED WORLDWIDE LIABILITY COVERAGE to the following provisions: —INDEMNITY BASIS a. The limits of insurance provided to such ven- 1. The following replaces the definition of "cov- dor will be the limits which you agreed to pro- erage territory"in the DEFINITIONS Section: vide in the written contract or agreement, or thelimits shown in the Declarations of this "Coverage territory"means: Coverage Part,whichever are less. a. The United States of America (including b. The insurance provided to such vendor does its territories and possessions), Puerto not apply to: Rico and Canada; (1) "Bodily injury" or "property damage" for b. International waters or airspace, but only which the vendor is obligated to pay if: damages by reason of the assumption of (1) The "bodily injury" or "property dam- liability in a contract or.agreement. This age" is caused by an "occurrence" exclusion does not apply to liability for that takes place;or damages that the vendor would have in (2) The "personal injury" or "advertising the absence of the contract or agreement; injury" is caused by an offense corn- (2) Any express warranty unauthorized by mitted; you; in the course of travel or transportation (3) Any physical or chemical change in"your between any places included in Para- products" made intentionally by such graph a.above;or vendor; c. All other parts of the world except the (4) Repackaging, unless unpacked solely for "prohibited area", but only if the injury or the purpose of inspection, demonstration, damage arises out of: testing, or the substitution of parts under (1) Goods or products made, sold, han- instructions from the manufacturer, and died or distributed by you, or services then repackaged in the original container, provided by you to your customers or (5) Any failure to make such inspections, ad- clients, In the territory described in justments, tests or servicing as vendors Paragraph a. above; agree to perform or normally undertake to (2) The activities of a person whose perform in the regular course of business, home is in the territory described in in connection with the distribution or sale Paragraph a. above, but is away for a of"your products"; short time on your business; or (6) Demonstration, installation, servicing or (3) "Personal injury" or "advertising in- repair operations, except such operations jury" offenses committed through the performed at such vendor's premises in Internet or similar electronic means of connection.. with the sale of "your prod- ucts"; or communication; (7) "Your products" which, after distribution provided that the insured's responsibility to or sale by you, have been labeled or re- merits damages is determined in a'suit on the labeled or used as a container, part or in- merits brought anywhere in the world except Page 2 of 9 ©2008 The Travelers Companies,Inc, CG•D4 67 12 08 • COMMERCIAL GENERAL LIABILITY the "prohibited area", or in a settlement we INJURY LIABILITY is replaced by agree to. • the phrase "We will indemnify the in- With respect to"occurrences"that take place, sured for....". or "personal injury" or "advertising injury" of- (2) You must arrange to defend the in- tenses committed within the territory de- sured against, and investigate or set- scribed in Paragraph c. above, the following tie,any claim or"suit". conditions apply: (3) Neither you nor any other involved (I) This insurance is excess over any valid insured will make any settlement and collectible other insurance available without our consent. to the insured, whether primary, excess, (4) We will pay expenses incurred with contingent or on any other basis. our consent for your defense of the insured against any "suit" seeking (ii) This insurance is not a substitute for damages for "bodily injury", "property compulsory admitted insurance" in any damage", "personal injury" or"adver- country or jurisdiction included in Para- tising injury" to which this insurance graph c. above, regardless of whether applies. this insurance would qualify as "compul- sory admitted insurance" in such country (5) We may, at our discretion, participate or jurisdiction or is accepted by the ap- in defending the insured'against,or in propriate authorities as proof of"compul- the settlement of,any claim or"suit". sory admitted insurance". 2. The following is added to the DEFINITIONS You agree to maintain "compulsory ad- Section: mitted insurance" at the limits required by "Prohibited area" means any country or juris- law. Your failure to do so will not invali- diction while any trade sanction, embargo, or date the coverage provided for such "oc- similar regulation imposed by the United currences" or offenses, but we will only States of America applies to and prohibits the be liable to the same extent we would transaction of business with or within such have been liable had you maintained country or jurisdiction. "compulsory admitted insurance". D. DAMAGE TO PREMISES RENTED TO YOU For purposes of this Paragraph (ii), 1. The following replaces the last paragraph of "compulsory admitted insurance" means Paragraph 2., Exclusions, of SECTION I — insurance that is: COVERAGES - COVERAGE A BODILY IN- (1) Required to be in-force to satisfy the JURY AND PROPERTY DAMAGE LIABIL- legal requirements of a specific coun- ITY: try or jurisdiction;and Exclusions c.through n.do not apply to dam- (2) Issued by an insurance fund adminis- age to premises while rented to you, or tern- tered by such country or jurisdiction porarily occupied by you with permission of • or issued by an insurer licensed or the owner,caused by: permitted by law to do business in a. Fire; such country or Jurisdiction. b. Explosion; (iii)With respect to defending the insured c. Lightning; against, or the investigation or settlement of, any claim or"suit" brought against the d. Smoke resulting from such fire,explosion, insured,the following will apply: or lightning; or (1) The phrase "We will pay....." in the e. Water. first sentence of Paragraph 1.a. of A separate limit of insurance applies to such SECTION I — COVERAGES — COV- damage to premises as described in Para- ERAGE A BODILY INJURY AND graph 6.of Section III—Limits Of Insurance. PROPERTY DAMAGE LIABILITY This insurance does not apply to damage to and Paragraph 1.a. of SECTION I — premises while rented to you, or temporarily COVERAGES — COVERAGE B occupied by you with permission of the PERSONAL AND ADVERTISING owner, caused by: CG D4 67 12 08 ©2008 The Travelers Companies,Inc. Page 3 of 9 COMMERCIAL GENERAL LIABILITY • a. Rupture, bursting, or operation of pres- 5. The following replaces Paragraph 4.b.(1)(b) sure relief devices; of SECTION IV—COMMERCIAL GENERAL b. Rupture or bursting due to expansion or LIABILITY CONDITIONS: swelling of the contents of any building or (b) That is insurance for premises rented to structure, caused by or resulting from wa- you, or temporarily occupied by you with ter; the permission of the owner; c. Explosion of steam boilers, steam pipes, E. BLANKET WAIVER OF SUBROGATION steam engines,or steam turbines. The following is added to Paragraph 8., Transfer 2. The following replaces Paragraph 6. of SEC- Of Rights Of Recovery Against Others To Us, TION III—LIMITS OF INSURANCE: of SECTION IV— COMMERCIAL GENERAL LI- . ABILITY CONDITIONS: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will We waive any right of recovery we may have pay under Coverage A for damages because against any person or organization because of of "property damage" to any one premises payments we make for injury or damage arising while rented to you, or temporarily occupied out of premises owned or occupied by or rented by you with permission of the owner, caused or loaned to you; ongoing operations performed by you or on your behalf, done under a contract by fire; explosion; lightning; smoke resulting with that person or organization; "your.work"; or from such fire, explosion, or lightning; or wa- "your products". We waive this right where you ter. The Damage To Premises Rented To have agreed to do so as part of a written contract, You Limit will apply to all damage proximately executed by you prior to loss. caused by the same "occurrence", whether F. BLANKET ADDITIONAL INSURED —OWNERS, such damage results from fire; explosion; MANAGERS OR LESSORS OF PREMISES lightning; smoke resulting from such fire, ex- plosion, or lightning; water, or any combing- The following is added to SECTION II —WHO IS tion of any of these. AN INSURED: The Damage To Premises Rented To You Any person or organization that is a premises Limit will be the higher of: owner, manager or lessor and that you have agreed in a written contract or agreement to a. $300,000;or name as an additional insured on this Coverage b. The amount shown on the Declarations of Part is an insured, but only with respect to liability this Coverage Part for Damage To Prem- for "bodily injury", "property damage", "personal ises Rented To You Limit. injury"or"advertising injury"that: 4. The following replaces Paragraph a. of the a. Is"bodily injury"or"property damage"caused definition of"insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or"advertising injury" caused by an offense that is committed, after you have a. A contract for a lease of premises. How- signed and executed that contract or agree- ever, that portion of the contract for a ment; and lease of premises that indemnifies any b. Arises out of the ownership, maintenance or person or organization for damage to use of that part of any premises leased to premises while rented to you, or tempo- you. rarily occupied by you with permission of the owner,caused by: The insurance provided to such premises owner, manager or lessor is subject to the following pro- (1) Fire; visions: (2) Explosion; a. The limits of insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning;or written contract or agreement, or the limits shown on the Declarations of this Coverage (5) Water. Part,whichever are less. is not an"insured contract"; b. The insurance provided to such premises owner, manager or lessor does not apply to: • Page 4 of 9 ©2008 The Travelers Companies,Inc. CG D4 67 12 08 COMMERCIAL GENERAL LIABILITY (1) "Bodily injury" or "property damage" "advertising injury" caused by an offense that caused by an "occurrence" that takes is committed, after the equipment lease ex- place, or "personal injury" or "advertising pires. injury" caused by an offense that is corn- c. The insurance provided to such equipment mated, after you cease to be a tenant in lessor is excess over any valid and collectible that premises;or other insurance available to such equipment (2) Structural alterations, new construction or lessor, unless you have agreed in a written demolition operations performed by or on contract for this insurance to apply on a pri- behalf of such premises owner, manager mary or contributory basis. or lessor. H. INCIDENTAL MEDICAL MALPRACTICE c. The insurance provided to such premises 1. The following is added to the definition of"oc- owner, manager or lessor is excess over any currence"in the DEFINITIONS Section: valid and collectible other insurance available Unless you are in the business or occupation to such premises owner, manager or lessor, unless you have agreed in a written contract of providing professional health care services, for this insurance to apply on a primary or "occurrence" also means an act or omission contributory basis. committed in providing or failing to provide "incidental medical services"to a person. G. BLANKET ADDITIONAL INSURED —LESSORS OF LEASED EQUIPMENT 2. The following is added to the DEFINITIONS Section: The following is added to SECTION II —WHO IS AN INSURED: "Incidental medical services"means: Any person or organization that is an equipment a. Medical, surgical,dental, laboratory,x-ray lessor and that you have agreed in a written con- or nursing service or treatment, advice or tract or agreement to include as an additional in- instruction, or the related furnishing of sured on this Coverage Part is an insured, but food or beverages; only with respect to liability for "bodily injury", b. The furnishing or dispensing of drugs or "property damage", "personal injury" or "advertis- medical, dental, or surgical supplies or ing injury"that: appliances; a. Is"bodily injury"or"property damage"caused c. First aid;or by an "occurrence" that takes place, or "per- d. "Good Samaritan services". sonal injury" or"advertising injury" caused by an offense that is committed, after you have "Good Samaritan services" means any emer- signed and executed that contract or agree- gency medical services for which no compen- merit;and sation is demanded or received. b. Is caused, in whole or in part, by your acts or 3. The following is added to Paragraph 2.a.(1)of omissions in the maintenance, operation or SECTION II—WHO IS AN INSURED: use by you of equipment leased to you by Unless you are in the business or occupation such equipment lessor. of providing professional health care services, The insurance provided to such equipment lessor Paragraphs (1)(a), (b), (c) and (d) above do is subject to the following provisions: not apply to any "bodily injury" arising out of a. The limits of insurance provided to such any providing or failing to provide "incidental medical services" by any of your "employ- equipment lessor will be the limits which you ees", other than an employed doctor. Any agreed to provide in the written contract or such "employees" providing or failing to pro- agreement, or the limits shown on the Decla- vide "incidental medical services" during their rations of this Coverage Part, whichever are work hours for you will be deemed to be act- less. ing within the scope of their employment by b. The insurance provided to such equipment you or performing duties related to the con- lessor does not apply to any "bodily injury" or duct of your business. "property damage" caused by an "occur- 4. The followingexclusion is added to Para- rence"that takes place,or"personal injury"or graph 2., Exclusions, of SECTION I —COV- CG 04 67 12 08 020D8 The Travelers Companies,inc. Page 5 of 9 • COMMERCIAL GENERAL LIABILITY ERAGES—COVERAGE.A BODILY INJURY mitted subsequent to the execution of AND PROPERTY DAMAGE LIABILITY: the contract or agreement. Solely for Sale Of Pharmaceuticals the purposes of liability assumed in an "insured contract", reasonable at- "Bodily injury" or "property damage" arising torneys fees and necessary litigation out of the willful violation of a penal statute or expenses incurred by or for a party ordinance relating to the sale of pharmaceuti- other than an insured will be deemed cals committed by, or with the knowledge or to be damages because of "personal consent of,the insured. injury",provided that: 5. The following is added to Paragraph 5. of (a) Liability to such party for, or for SECTION III—LIMITS OF INSURANCE: the cost of, that party's defense For the purposes of determining the applica- "insured contract has also been assumed in the ble Each Occurrence Limit, all related acts or same ; and omissions committed in the providing or fail- (b) Such attorney fees and litigation ing to provide"incidental medical services"to expenses are for defense of that any one person will be considered one "oc- party against a civil or alternative currence": dispute resolution proceeding in which damages to which this in- 6. The following is added to Paragraph 4.b., Ex- surance applies are alleged. cess Insurance, of SECTION IV — COM- 2. The following replaces the third sentence of MERCIAL GENERAL LIABILITY CONDI- Paragraph 2. of SUPPLEMENTARY PAY- TIONS: MENTS—COVERAGES A AND B: This insurance is excess over any valid and Notwithstanding the provisions of Paragraph collectible other insurance, whether primary, 2.b.(2) of Section I—Coverage A— Bodily In- excess, contingent or on any other basis,that jury And Property Damage Liability or Para- is available to any of your "employees" for graph 2.e. of Section I — Coverage B — Per- "bodily injury" that arises out of providing or sonal and Advertising Injury Liability, .such failing to provide"incidental medical services" payments will not be deemed to be damages to any person to the extent not subject to because of"bodily injury", "property damage" Paragraph 2.a.(1) of SECTION II —WHO IS or "personal injury", and will not reduce the AN INSURED. limits of insurance. I. PERSONAL INJURY — ASSUMED BY CON- 3. The following replaces Paragraph 2.d. of TRACT SUPPLEMENTARY PAYMENTS — COVER- 1. The following replaces Exclusion e., Contrac- AGES A AND B: tual Liability, in Paragraph 2, of SECTION I d. The allegations in the "suit" and the in- - COVERAGES — COVERAGE B PER- formation we know about the "occur- SONAL AND ADVERTISING INJURY LI- rence"or offense are such that no conflict ABILITY: • appears to exist between the interests of e. Contractual Liability the insured and the interests of the in- demnitee; "Personal injury" or"advertising injury"for which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract"in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability,for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement;or connection with work performed for a (2) Liability for damages because of municipality)under which you assume the "personal injury" assumed in a con- tort liability of anotherparty to pay for tract or agreement that is an "insured "bodily injury,""property damage" or"per- contract", provided that the "personal sonal injury"to a third person or organiza- injury" is caused by an offense corn- tion. Tort liability means a liability that Page 6 of 9 ©2008 The Travelers Companies,Inc. CG D4 67 12 08 COMMERCIAL GENERAL LIABILITY would be imposed by law in the absence (1) Fifty feet long or less;and of any contract or agreement. (2) Not beingused to carry any person or J. EXTENSION OF COVERAGE — BODILY IN- property for a charge. JURY N. INCREASED SUPPLEMENTARY PAYMENTS The following replaces the definition of "bodily 1. The following replaces Paragraph 1.b. of injury"in the DEFINITIONS Section: SUPPLEMENTARY PAYMENTS — COVER- "Bodily injury" means bodily injury, mental an- AGES A AND B of SECTION I — COVER- guish, mental injury, shock, fright, disability, hu- AGES: miliation, sickness or disease sustained by a per- b. Up to $2,500 for cost of bail bonds re- son,including death resulting from any of these at quired because of accidents or traffic law any time. violations arising out of the use of any K. BODILY INJURY TO CO-EMPLOYEES AND vehicle to which the Bodily Injury Liability CO-VOLUNTEER WORKERS Coverage applies. We do not have to fur- The following is added to Paragraph 2.a.(1) of nish these bonds. SECTION II WHO IS AN INSURED: 2. The following replaces Paragraph 1.d. of Paragraph (1)(a) above does not apply to "bodily SUPPLEMENTARY PAYMENTS — COVER- Injury"to a co"employee"in the course of the co- AGES A AND B of SECTION I — COVER- "employee's" employment by you or performing AGES: duties related to the conduct of your business, or d. All reasonable expenses incurred by the to"bodily injury"to your other"volunteer workers" insured at our request to assist us in the while performing duties related to the conduct of investigation or defense of the claim or your business. "suit", including actual loss of earnings up L. AIRCRAFT CHARTERED WITH CREW to $500 a day because of time off from work. The following is added to Exclusion g., Aircraft, O. KNOWLEDGE AND NOTICE OF OCCUR- Auto Or Watercraft,in Paragraph 2.of SECTION I — COVERAGES — COVERAGE A BODILY IN- RENCE OR OFFENSE JURY AND PROPERTY DAMAGE LIABILITY: The following is added to Paragraph 2., Duties In This exclusion does not apply to an aircraft that The Event of Occurrence, Offense, Claim or is: Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: (a) Chartered with crew to any insured; e. The following provisions apply to Paragraph (b) Not owned by any insured;and a. above, but only for the purposes of the in- (c) Not being used to carry any person or prop- surance provided under this Coverage Part to erty for a charge. you or any insured listed in Paragraph 1.or 2. M. NON-OWNED WATERCRAFT of Section II—Who Is An Insured; 1. The following replaces Paragraph (2) of Ex- (1) Notice to us of such "occurrence" or of- elusion g., Aircraft, Auto Or Watercraft, in fense must be given as soon as practica- Paragraph 2. of SECTION I —COVERAGES ble only after the "occurrence" or offense — COVERAGE A BODILY INJURY AND is known to you (if you are an individual), PROPERTY DAMAGE LIABILITY: any of your partners or members who Is (2) A watercraft you do not own that is: an individual (if you are a partnership or (a) Fifty feet long or less; and joint venture), any of your managers who is an individual (if you are a limited liability (b) Not being used to carry any person or company), any of your trustees who is an property for a charge. individual (if you are a trust), any of your 2. The following is added to Paragraph 2. of "executive officers"or directors (if you are SECTION 11—WHO IS AN INSURED: an organization other than a partnership, Any person or organization that,with your ex- joint venture, limited liability company or press or implied consent, either uses or is re- trust) or any "employee" authorized by sponsible for the use of a watercraft that you you to give notice of an "occurrence" or do not own that Is: offense. CG D4 67 12 08 ©2006 The Travelers Companies,Inc. Page 7 of 9 COMMERCIAL GENERAL LIABILITY (2) If you are a partnership,joint venture,lir- we relied upon in issuing this policy will not preju- ited liability company or trust,and none of dice your rights under this insurance. However, your partners, joint venture members, this provision does not affect our right to collect managers or trustees are Individuals, no- additional premium or to exercise our rights of tice to us of such "occurrence" or offense cancellation or nonrenewal in accordance with must be given as soon as practicable only applicable insurance laws or regulations. after the"occurrence"or offense is known Q. REASONABLE FORCE — BODILY INJURY OR by: PROPERTY DAMAGE (a) Any individual who is: The following replaces Exclusion a., Expected Or (I) A partner or member of any part- Intended Injury, in Paragraph 2.of SECTION I— nership or joint venture; COVERAGES — COVERAGE A BODILY IN- (ii) A manager of any limited liability JURY AND PROPERTY DAMAGE LIABILITY: company; a. Expected or Intended Injury or Damage (iii)A trustee of any trust;or "Bodily injury" or"property damage" expected (iv)An executive officer or director of or intended from the standpoint of the in- any other organization; sured. This exclusion does not apply to "bod- ilythat is yourpartner, joint venture injury" or"property damage" resulting from the use of reasonable force to protect any member,manager or trustee;or person or property. (b) Any "employee" authorized by such R. TRANSPORTATION EXPENSES FOR REPA- partnership, joint venture, limited Ii- TRIATION OR RELOCATION OF INJURED OR ability company,trust or other organi- SICK EMPLOYEES nation to give notice of an "occur- 1. The following is added to SUPPLEMENTARY rence"or offense. (3) Notice to us of such "occurrence" or of- PAYMENTS — COVERAGE A AND B of SECTION I—COVERAGES: fense will be deemed to be given as soon as practicable if it is given in good faith as We will reimburse you for the reasonable soon as practicable to your workers' "transportation expenses"that you incur,over compensation insurer. This applies only if and above "normal transportation costs", for you subsequently give notice to us of the the repatriation or relocation of any of your in- "occurrence" or offense as soon as prac- jured, diseased, sick or deceased."employ- ticable after any of the persons described ees". But only if: in Paragraphs e.(1) or (2) above discov- a. The injury, disease, sickness, or death ers that the "occurrence" or offense may occurred during the policy period and result in sums to which the insurance while such "employee" was employed or provided under this Coverage Part may assigned to work by you anywhere in the apply. world other than: However, if this policy includes an endorse- (1) The United States of America (includ- ment that provides limited coverage for "bod- ing its territories and possessions), ily injury" or "property damage" or pollution Puerto Rico and Canada;and costs arising out of a discharge, release or escape of "pollutants" which contains a re- (2) Any country or jurisdiction in the quirement that the discharge, release or es- "prohibited area"; cape of "pollutants" must be reported to us b. The relocation or repatriation is neces- within a specific number of days after its sary in the opinion of competent medical abrupt commencement, this Paragraph e. authorities;and does not affect that requirement. c. The relocation or repatriation is from the P. UNINTENTIONAL OMISSION country where the injury, disease, sick- The following is added to Paragraph 6., Repre- Hess, or death occurred to a destination sentations, of SECTION IV — COMMERCIAL in another country. GENERAL LIABILITY CONDITIONS: The most we will pay as reasonable "trans- The unintentional omission of, or unintentional portation expenses" for the repatriation or re- error in, any information provided by you which location of any one of your "employees" is Page 8 of 9 ©2008 The Travelers Companies,Inc. CG D4 67 12 08 f COMMERCIAL GENERAL LIABILITY $25,000. The most we will pay as reasonable 3. The following is added to the DEFINITIONS "transportation expenses" for the repatriation section: or relocation of all of your "employees" is "Normal transportation costs" means the $50,000. These payments will not reduce the costs of transporting your"employee" in good limits of insurance. health, and in conformance with your busi- , 2. The following is added to Paragraph 4.b., Ex- ness travel policy, from the country of injury, cess Insurance, of SECTION IV — COM- disease, sickness, or death to the country of MERCIAL GENERAL LIABILITY CONDI- relocation or repatriation. TIONS: "Transportation expenses" includes the fol- This insurance is excess over any valid and lowing expenses: collectible other insurance, whether primary, a. ' Costs of embalming to meet United excess, contingent or on any other basis,that States standards;and is available for the reasonable"transportation expenses" that you incur, over and above ' b. All reasonable expenses of transportation "normal transportation costs",for the repatria- to return the remains of the deceased to tion or relocation of any of your injured, dis- the country of burial or funeral. eased, sick or deceased"employees". CG D4 67 12 08 ©2008 The Travelers Companies,Inc. Page 9 of 9 Client#:790316 SHERPARTI DIYYYY) ACORD,-. CERTIFICATE OF LIABILITY INSURANCE o1/0DATE(M6/2014 M/DM/D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 RECEIVED CONTACT HUB Intl Insurance Serv. Inc PHONEFAX (A/C,No,Ext):925 866 7050 (q/C,No); 925 265 9001 License.#0757776 E-MAIL ADDREss 3000 Executive Parkway Suite 300 JAN 16 2014 : INSURERS)AFFORDING COVERAGE NAIC# San Ramon,CA 94583 INSURER A:Zurich American Ins.Company 16535 INSURED City of Bremerton INSURER B: Argus Group, Ltd.dba:Sher Pa � ttorney's Office INSURER C: 10500 N.E.8th Street,#850 - Bellevue,WA 98004 INSURER D INSURER E: INSURER F: L COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEI DW HAVE BEEN ISSUED TO TH ISURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON`:ITION OF ANY CONTRACT OP. .IER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE .FFORDED BY THE POLICIES I BRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW MAY HAVE BEEN REDUCED F 'AID CLAIMS. INSR TYpE OF INSURANCE W ADDL SUBR POLICY EFF ' •LICY EXP LIMITS LTR INSR VD POI. (UMBER SMMIDD/YYYY1 4/DD/YYYY) A GENERAL LIABILITY X CP05543" . (0 01/01/20V = 1/31/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) _$10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE _$2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY PRO-T X LOC $ JEC A AUTOMOBILE LIABILITY CPO554324800 01/01/2013 01/31/2014Ea COMBaccidINEDent)SI $NGLELIMIT 1,000,000 • ( X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUTNONOS-OWNED PRO(Per acciPERTY dent)DAMAGE $ A x UMBRELLA LIAB X OCCUR AUC554335200 01/01/2013 01/31/2014 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION WC554325900 01/01/2013 01/31/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITYTORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIV__Y-141.. E.L.EACH ACCIDENT $1000,000' OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under . DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:234 Pacific Avenue, Bremerton,WA 98337. Named Insured Includes: Harborside Commons LLC and Penney's Harborside LLC.City of Bremerton is named as Additional Insured with respect to General Liability as required by written contract per the attached. • • CERTIFICATE HOLDER CANCELLATION Cityof Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 . AUTHORIZED REPRESENTATIVE HO ©1988-2010 ACORD CORPORATION.All rights reserved. . ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2619254/M2619238 AU41 Policy #CP0554324800 General Liability Supplemental Coverage Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the.following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following changes apply to this Coverage Part. However,endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General.Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section li—Who Is An Insured: Any organization of yours, other than a partnership or joint venture,which is not shown in the Declarations,and over which you maintain an ownership interest of more than 50%of such organization as of the effective date of this Coverage Part,will qualify as a Named Insured. However, such organization will not qualify as.a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part;or c. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II—Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II—Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture,and over which you maintain an ownership interest of more than 50%of such organization,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 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired formed the organization;anization;and g , c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 1 of 13 2. The last paragraph of Section II—Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status—Employees Paragraph 2.a.(1)of Section II—Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business,or your "employees", other than either your"executive officers"(if you are an organization other than a partnership,joint venture or limited liability company)or your managers(if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these"employees"or"volunteer workers"are insureds for: (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 employment 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: Paragraphs(1)(a)and(1)(d)do not apply to your"employees"or"volunteer workers",who are not employed by you or volunteering for you as health care professionals,for"bodily injury"arising out of "Good Samaritan Acts"while the"employee"or"volunteer worker"is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs(1)(a),(b)and (c)do not apply to any"employee"designated as a supervisor or higher in rank,with respect to"bodily injury"to co-"employees". As used in this provision, "employees"designated as a supervisor or higher in rank means only"employees"who are authorized by you to exercise direct or indirect supervision or control over"employees"or"volunteer workers"and the manner in which work is performed. D. Additional Insureds—Lessees of Premises Section II—Who Is An Insured is amended to include as an insured any person or organization who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply: (1) To liability arising out of such person's or organization's sole negligence; or Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 2 of 13 (2) After the person or organization ceases to lease or rent premises from you. E. Additional Insured—Vendors The following change applies if this Coverage Part provides insurance to you for"bodily injury"and"property damage"included in the"products-completed operations hazard": Section II—Who Is An Insured is amended to include as an insured any person or organization(referred to below as vendor)who you have agreed in a written contract or written agreement, prior to loss,to name as an additional insured, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional provisions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which,after distribution or sale by you, have been labeled or relabeled or used as a container,,, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into,accompanying or containing such products. 3. This insurance does not apply to any of"your products"for which coverage is excluded under this Coverage Part. F. Additional Insured—Managers, Lessors or Governmental Entity Section II—Who Is An Insured is amended to include as an insured any person or organization who is a manager;; lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract,written agreement or permit, but only with respect to liability for"bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by: Includes copyrighted material of Insurance Services Office, Inc.,with its permission. U-GL-1345-A(09/08) Page 3 of 13 a. Your acts or omissions;or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you;or c. Maintenance,operation or use by you of equipment leased to you by such person or organization. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage"or offense that caused "personal and advertising injury"; b. To any person or organization: (1) For"bodily injury","property damage"or"personal and advertising injury"arising out of its sole negligence; (2) Included as an insured under Paragraph 3.of Section II—Who Is An Insured; c. To any lessor of equipment if the"occurrence"or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The"occurrence"or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The"bodily injury", "property damage"or"personal and advertising injury"arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor;or (c) The premises are excluded under this Coverage Part. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2., Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by"specific perils"to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section III—Limits Of Insurance. 2. Paragraph 6. of 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 Afor damages because of"property damage"to any one premises while rented to you, or in the case of damage by one or more"specific perils"to any one premises,while rented to you or temporarily occupied by you with permission of the owner. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09108) Page 4 of 13 H. Broadened Contractual Liability Definition 9.in Section V—Definitions is replaced by the following: 9. "Insured contract"means: 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"specific perils"to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance,to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for"bodily injury", "property damage", or"personal and advertising injury"arising out of the offenses of false arrest, detention or imprisonment,to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving,or failing to prepare or approve, maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;or (2) Under which the insured, if an architect,engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1)above and supervisory, inspection, architectural or engineering activities. I. Definition—Specific Perils The following definition is added to Section V—Definitions: "Specific perils"mean: a. Fire; b. Lightning; c. Explosion; d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; I. Leakage from fire extinguishing equipment, including sprinklers; or Includes copyrighted material of Insurance Services Office,Inc.,with its permission. ' U-GL-1345-A(09/08) Page 5 of 13 j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage—Personal and Advertising Injury 1. Exclusion e.of Section;:i Coverage B—Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement;or (2) Liability for"personal and advertising injury"if: (a) The"personal and advertising injury"arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement;and (c) The"personal and advertising injury"occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"personal and advertising injury"described in Paragraph(a)above, provided: (i) Liability to such party for, or for the cost of,that party's defense has also been assumed in the same written contract or written agreement;and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d.of Section I—Supplementary Payments—Coverages A And B is replaced by the following: d. The allegations in the"suit"and the information we know about the"occurrence"or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f.of Section I—Supplementary Payments—Coverages A And B: Notwithstanding the provisions of Paragraph 2.e.(2)of Section I—Coverage B—Personal And Advertising Injury Liability,such payments will not be deemed to be damages for"personal and advertising injury"and will not reduce the limits of insurance. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 6 of 13 K. Supplementary Payments The following changes apply to Supplementary Payments-Coverages A and B: Paragraphs 1.b.and 1.d. are replaced by the following: b. Up to$2,500 for the 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. 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. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short-Term The paragraph directly following Paragraph(6)in Exclusion j. of Section I-Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs(1),(3)and(4)of this exclusion do not apply to"property damage"to premises(other than damage by"specific perils"),'including"property damage"to the contents of such premises,rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III-Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion j.of Section I-Coverage A-Bodily Injury And Property Damage Liability: Paragraphs(3)and(4)of this exclusion do not apply to"property damage"arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III-Limits Of Insurance: Subject to Paragraphs 2.,3.and 5.above,the most we will pay under Coverage A for damages because of"property damage"to property loaned to you or personal property in the care,custody or control of the insured arising out of the use of an elevator at premises you own,rent or occupy is$25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Sectionl-Coverage A-Bodily Injury And Property Damage Liability: Paragraph (4)of this exclusion does not apply to"property damage"to equipment you borrow from others at a jobsite. b. The following is added to Section III-Limits Of Insurance: Subject to Paragraphs 2.,3.and 5. above, the most we will pay under Coverage A for damages because of"property damage"to equipment you borrow from others at a jobsite is$25,000 per"occurrence. M. Expected or Intended Injury or Damage Exclusion a.of Sectional`-Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 7 of 13 a. Expected Or Intended Injury Or Damage "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. N. Definition—Bodily Injury Definition 3. in Section V—Definitions is replaced by the following: 3. "Bodily injury"means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock,fright or death sustained by that person which results from that bodily injury, sickness or disease. O. Insured Status—Amateur Athletic Participants t. Section II—Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodily injury"to: (1) Your"employee", "volunteer worker"or any person you sponsor while participating in such amateur athletic activities;or (2) You,any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company)while participating in such amateur athletic activities;or b. "Property damage"to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your"employee", "volunteer worker"or any person you sponsor;or (2) You,any partner or member(if you are a partnership or joint venture), orany member(if you are a limited liability company). P, Non-Owned Aircraft and Watercraft Exclusion g.of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury"or"property damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and"loading or unloading". 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"occurrence"which caused the"bodily injury"or"property damage"involved the ownership, maintenance, use or entrustment to others of any aircraft,"auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 8 of 13 (b) Not being used to carry persons for a charge; (3) Parking an"auto"on, or on the ways next to, premises you own or rent, provided the"auto"is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract"for theownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you,with a paid and licensed crew,and is not owned in whole or in part by an insured;or (6) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of,a land vehicle that would qualify under the definition of"mobile equipment"if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3)of the definition of "mobile equipment". Q. Definitions—Leased Worker,Temporary Worker and Labor Leasing Firm 1. Definitions 10.and 19. in Section V--Definitions are replaced by the following: 10. "Leased worker" means a person leased to you by a"labor leasing firm"under a written agreement between you and the"labor leasing firm",to perform duties related to the conduct of your business. "Leased worker"does not include a"temporary worker". 19. "Temporary worker"means a person who is furnished to you to support or supplement your work force during"employee"absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short-term workload conditions. "Temporary worker"does not include a"leased worker''; 2. The following definition is added to Section V—Definitions: "Labor leasing firm"means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization;or c. Temporary help service. R. Definition—Mobile Equipment Paragraph f.of Definition 12.in Section V—Definitions is replaced by the following: f. Vehicles not described in Paragraph a., b.,c.or d.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds,are not"mobile equipment"but will be considered "autos"; (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing;or (c) Street cleaning; Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 9 of 13 • (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying,welding, building cleaning, geophysical exploration,lighting and well servicing equipment. S. Definitions—Your Product and Your Work Definitions 21. and 22. in Section V—Definitions are replaced by the following: 21. "Your product":, a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name;or (c) A person or organization whose business or assets you have acquired;and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness,quality,durability, performance, use, handling, maintenance,operation or safety of"your product";and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work,services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness,quality,durability, performance, use, handling, maintenance,operation or safety of"your work"; and (2) The providing of or failure to provide warnings or instructions. T., Priority Condition The following paragraph is added to Section III—Limits Of Insurance: In the event a claim is made or"suit"is brought against more than one insured seeking damages because of"bodily injury"or"property damage"caused by the same"occurrence"or"personal and advertising injury"caused by the same offense,we will apply the Limits of Insurance in the following order: Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 10 of 13 (a) You; (b) Your"executive officers", partners, directors, stockholders, members, managers(if you are a limited liability company)or"employees"; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence,Offense,Claim or Suit Condition The following paragraphs are added to Paragraph 2., Duties In The Event Of Occurrence,Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II — Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or"suit"does not imply that you also have such knowledge. In the event that an insured reports an"occurrence"to the workers compensation carrier of the Named Insured and this"occurrence"later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such"occurrence"to us at the time of the"occurrence"shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a.and 4.b.(1)of the Other Insurance Condition of Section IV.-:Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then,we will share with all that other insurance by the method described in Paragraph c. below. This insurance is primary insurance as respects our coverage to the additional insured person or organization where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event,we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance,whether primary,excess,contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for"your work"; (ii) That is property insurance purchased by you(including any deductible or self insurance portion thereof)to cover premises rented to you or temporarily occupied by you with permission of the owner; Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A.(09/08) Page 11 of 13 (iii)That is insurance purchased by you (including any deductible or self insurance portion thereof)to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (iv) If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g. of Section I—.Coverage A—Bodily Injury And Property Damage Liability; or (v) That is property insurance(including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others at a jobsite; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own,rent or occupy. (b) Any other primary insurance(including any deductible or self insurance portion thereof)available to the insured covering liability for damages arising out of the premises,operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance,whether primary, excess, contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or"suitTM. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV—Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy;or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U-GL-1345-A(09/08) Page 12 of 13 ., - X. Waiver of Right of Subrogation Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring"suit"or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss,we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed,whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Y. Liberalization Condition The following condition is added to Section IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. U-GL-1345-A(09/08) Page 13 of 13 d • • OP ID:AU ACO/ D° DATE(MM/DDIYYYY) EVIDENCE OF COMMERCIAL PROPERTY INSURANCE 01/06/2014 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED.BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT.CONSTITUTE A CONTRACT BETWEEN • THE ISSUING INSURER(S),AUTHORIZED REPRESENT V P�g��(')yj��)gU�� D THE ADDITIONAL INTEREST. PRODUCER NAME, PHONE 925-866-7050 �'�^- Y NAME AND ADDRESS NAIC NO:16535 • _QQr�TACT PERSQN ANP ADDRESS (A/C,No,Ext): HUB International.Insurance Zurich American Ins Company License.#0757776 . • _ "_ _ P.O.Box'5076 San Ramon,.CA 94583-1328 • - - -- - JAN 13 �... . Bruce A.Ricci . . -866-8275 Cityof Brerrei-ton' . 925 FAX E-MAIL , IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH _AIC I. : ADDRESS: City Attorney's Office CODE: SUB CODE: POLICY TYPE AGENCYPro Property CUSTOMER ID#: SHERPAR P Y NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Argus Group Ltd. CP0554324800 dba:Sher Partners 10500 N.E.8th Street,#850 . EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL Bellevue,WA 98004 01/01/13 01/31/14 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: Harborside Commons LLC Penney's Harborside LLC PROPERTY INFORMATION(Use REMARKS on page 2,if more space is required) DKI BUILDING OR ❑ BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION 234 Pacific Avenue Bremerton,WA 98337 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD I X SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $141777173 DED: 10000 YES NO N/A . . ® BUSINESS INCOME ❑ RENTAL VALUE X If YES,LIMIT: 844,200 Actual Loss Sustained;#of months: BLANKET COVERAGE X If YES,indicate value(s)reported on property identified above:$ 10,400,000 TERRORISM COVERAGE X Attach Disclosure Notice/DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES,LIMIT: DED: FUNGUS EXCLUSION(If"YES",specify organization's form used) X REPLACEMENT COST X • AGREED VALUE X COINSURANCE X If YES, EQUIPMENT BREAKDOWN(If Applicable) X If YES,LIMIT: 141,777,173 DED: 10,000 ORDINAtJCE OR LAW -Coverage for loss to undamaged portion of bldg X -Demolition Costs X ! If YES,LIMIT: DED: -Incr.Cost of Construction X If YES,LIMIT: DED: EARTH MOVEMENT(If Applicable) X If YES,LIMIT: DED: FLOOD(If Applicable) X If YES,LIMIT: DED: WIND/HAIL(If Subject to Different Provisions) X If YES,LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE X HOLDER PRIOR TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE • DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST MORTGAGEE CONTRACT OF SALE LENDER SERVICING AGENT NAME AND ADDRESS LENDERS LOSS PAYABLE X Evidence only NAME AND ADDRESS City of Bremerton 345 6th Street,#600 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ACORD 28(2009/12) Page 1 of 2 ©2003-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD - • EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS-Including Special Conditions(Use only if more space is required) ACORD 28(2009/12) Page 2 of 2 i-( Y .. j 4io • _. .OP ID:AU ACORD° DATE(MM/DD/YYYY) `,....-,.- EVIDENCE OF COMMERCIAL PROPERTY INSURANCE 01/31/2014 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. , PRODUCER NAME, PHONE 925-866'7050 COMPANY NAME AND ADDRESS _ _ , NAIC NO:25658 C r�TACT PERSQN AND ADDRESS (AIC,No,Ext): HUB International Insurance Travelers Indemnity Co of CT _ License#0757776 .. P.O.Box 5076 RECEIVE" • San Ramon,CA 94583-1328" - /n�y •ndtd.. • Bruce A.Ricci J ft ` I1j�f ' r FEB 12 2014 Vi/ (A/C,FAX No): ADDRESS:A DRESS: IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EA, CODE: SUB CODE: POLICY TYPE AGENCY City of Bremertor Property CUSTOMER ID#: SHERPAR City Attorneys OffICp AN NUMBER P Y POLICY NUMBER NAMED INSURED AND ADDRESS NO Argus Group Ltd. • dba:Sher Partners 6301 E161194 10500 N.E.8th Street,#850 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL Bellevue,WA 98004 • • 01/31/14 01/01/15 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: • Harborside Commons LLC Penney's Harborside LLC PROPERTY INFORMATION(Use REMARKS on page 2,if more space is required) IX BUILDING OR ❑ BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION 7 234 Pacific Avenue Bremerton,WA 98337 . 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD X SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $46961794 DED: 10000 -- " YES NO N/A ® BUSINESS INCOME ❑ RENTAL VALUE X If YES,LIMIT: 344,200 Actual Loss Sustained;#of months: • BLANKET COVERAGE X If YES,indicate value(s)reported on property identified above:$ 10,400,000 TERRORISM COVERAGE X Attach Disclosure Notice/DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? X LIMITED FUNGUS COVERAGE X If YES,LIMIT: DED: FUNGUS EXCLUSION(If"YES",specify organization's form used) X CGD2430102 . REPLACEMENT COST X AGREED VALUE X COINSURANCE X If YES, % EQUIPMENT BREAKDOWN(If Applicable) X If YES,LIMIT: 46,961,794 DED: 10,000 ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg X -Demolition Costs X If YES,LIMIT: DED: -Incr.Cost of Construction X If YES,LIMIT: DED: EARTH MOVEMENT(If Applicable) X If YES,LIMIT: DED: FLOOD(If Applicable) X If YES,LIMIT: DED: WIND/HAIL(If Subject to Different Provisions) X If YES,LIMIT: DED: PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE X _ HOLDER PRIOR TO LOSS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY.PROVISIONS. ADDITIONAL INTEREST _ MORTGAGEE CONTRACT OF SALE LENDER SERVICING AGENT NAME AND ADDRESS LENDERS LOSS PAYABLE X Evidence only NAME AND ADDRESS City of Bremerton 345 6th Street,#600 . Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE Q,I... ,--- ?rte...,..," ACORD 28(2009/12) . .Page 1 of 2 ©2003-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -- " • EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS-Including Special Conditions(Use only if more space is required) ACORD 28(2009/12) Page 2 of 2 Lb 6 ACORDTM EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE( D 1/6/2016mYY ) THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER NAME,CONTACT PHONE COMPANY NAME AND ADDRESS NAIC NO: 25674 PERSON AND ADDRESS AA/C. AX (A/C,No}: 425-485-8489 Travelers Property Casualty Company of America ADDRESS:Anow.info©hubinternational. Bothell, WA-Hub International Northwest 12100 NE 195th St. Suite 200 CODE: SUB CODE: AGENCY IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH CUSTOMER ID#: NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Sher GP, Inc. DBA Sher Partners 6305G629355TIL16 10500 NE 8th Street, Suite 1930 Bellevue, WA 98004 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 01/01/2016 01/01/2017 TERMINATED IF CHECKED ADDITIONAL NAMED INSUREDIS) THIS REPLACES PRIOR EVIDENCE DATED: Harborside Commons, LLC; Penney's Harborside LLC PROPERTY INFORMATION(Use additional sheets if more space is required) LOCATION/DESCRIPTION 234 Pacific Avenue, Bremerton, WA 98337 COVERAGE INFORMATION CAUSE OF LOSS FORM BASIC BROAD X SPECIAL OTHER COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 853,037,875 DED: 10,000 YES NO BUSINESS INCOME/RENTAL VALUE X If YES, LIMIT:1,524,000 Actual Loss Sustained #of months: BLANKET COVERAGE X If YES,indicate amount of insurance on properties identified above: $10,400,000 TERRORISM COVERAGE X Attach signed Disclosure Notice/DEC IS COVERAGE PROVIDED FOR"CERTIFIED ACTS"ONLY? x If YES, SUB LIMIT: DED: IS COVERAGE A STAND ALONE POLICY? x If YES, LIMIT: DED: DOES COVERAGE INCLUDE DOMESTIC TERRORISM? x If YES, SUB LIMIT: DED: COVERAGE FOR MOLD x If YES, LIMIT: DED: MOLD EXCLUSION(If"YES",specify organization's form used) X CGF-241 REPLACEMENT COST X AGREED AMOUNT X COINSURANCE x If YES, EQUIPMENT BREAKDOWN(If Applicable) X If YES, LIMIT: 53,037,875 DED: 10,000 LAW AND ORDINANCE -Coverage for loss to undamaged portion of building x If YES, LIMIT:2,500,000 DED: -Demolition Costs X If YES, LIMIT:2,500,000 DED: -Incr.Cost of Construction X If YES, LIMIT: DED: EARTHQUAKE(If Applicable) x If YES, LIMIT: DED: FLOOD(If Applicable) x If YES, LIMIT: DED: WIND/HAIL(If Separate Policy) X If YES, LIMIT: 53,037,875 DED: 10,000 PERMISSION TO WAIVE SUBROGATION PRIOR TO LOSS X REMARKS-Including Special Conditions(Use additional sheets if more space is required) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 1 0 DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST,IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS LENDER SERVICING AGENT NAME AND ADDRESS City of Bremerton 345 6th Street Suite 600 Bremerton WA 98337 MORTGAGEE X Evidence Only AUTHORIZED REPRESENTATIVE•//,V(q..o_I • LOSS PAYEE ACORD 28(2003/10) ©ACORD CORPORATION 2003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART ' = ENDATORY ENDORSEMBIT LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE FORM - The following is added to the LOSS CONDITIONS- (1) Pays any premium due under this Loss Payment provision as indicated by an 5r In the Coverage Part at our request If you Schedule below: have failed to do so: A. LOSS PAYABLE (2) Submits a signed,sworn proof of toss For Covered Property In which both you and a within 60 days after receiving notice Loss Payee shown In the Schedule below have an from us of your failure to do so;and Insurable interest,we will: (3) I-las notified us of any change In own- 1. Adjust losses with you;and ership, occupancy or substantial 2. Pay any? claim for loss or damage jointly to change yes. In risk known to the Loss you and the Loss Payee, as Interests may appear. All of the terms of this Coverage Part will B. LENDER'S LOSS PAYABLE then apply directly to the Loss Payee. 1. The Loss Payee shown In the Schedule below d. If we pay the Loss Payee for any loss or damage and deny payment to you be- is a creditor, Including a mortgagehotder or trustee,whose interest In Covered Property is facause of your acts or because you have established by such written instruments as: • ite to with the terms of this Coverage Part: a. Warehouse receipts: (1) The Loss Payee's rights will be trans- b. A contract for deed: (erred to us to the extent of the c. Bills of lading: amount we pay;and d. Financing statements;or (2) The Loss Payee's rights to recover the full amount of the Loss Payee's e. Mortgages, deeds of trust, or security claim will not be Impaired. agreements. in which both you and a At our optitheon,we may pay to the Loss 2. For Covered Property Payee whole principal on the debt Loss Payee have an Insurable interestplus any accrued Interest. In this a. We will pay for covered toss or damage to event, you wit pay your remaining each Loss Payee in their order of prece- debt to us. dance,es Interests may appear. 3. If we cancel this policy, we will give written b. The Loss Payee has the right to receive notice to the Loss Payee at least: loss payment even If the Loss Payee has a. 10 days before the effective date of can- started foreclosure or similar action on the collation If we cancel for your non-pay- Covered Property. ment of premium;or c. If we deny your claim because of your b. 30 days before the effective date of can- acts or because you have failed to comply dation if we cancel for any other reason. with terms of this Coverage Part,the Loss 4, if we sled not to renew title Payee will still I have the right to receive 4. we will loss payment If the Loss Payee: give written notice to the Loss Payee at least 10 days before the expiration date of this pol- icy. DX T3 79 03 98 Page 1 of 2 POLICY NUMBER: ISSUE DATE: - - C. CONTRACT OF SALE b. Pay any claim for loss or damage Jointly 1. The Loss Payee shown in the Schedule below to you and the Loss Payee, ea Interest Is a person or organization you have entered may appear. a contract with for the sale of Covered Prop- 3. The following Is added to the OTHER INSUR- erty. ANCE Condition: 2. For Covered Property In which both you and For Covered Property that Is the subject of a the Loss Payee have an Insurable Interest,we contract of sale, the word you Includes the will: Loss Payee. a. Adjust losses with you;and D. SCHEDULE Prem. Bldg. No. No. Dom-caption of Property Lose Payee(Nome l Adddress) AS PER ACORD 28 Low Leaders Contract Payeblo Loss Payable of Sats !Fields,:,eas Applic&ibla: DX13899388 • ACORO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/6/2016 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 CONTACT NAME: HUB Interntional Northwest LLC PHONE 425-489-4500 FAX 425-485-8489 12100 NE 195th St. (A/C,No,Ext): (A/C,No): Suite 200 E-MAIL -M ess:now.info@hubinternational.com Bothell WA 98011 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company 25674 INSURED ARGUGRO-02 INSURER B: Sher GP, Inc. DBA Sher Partners INSURER C: 10500 NE 8th Street,Suite 1930 Bellevue WA 98004 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:650512256 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY Y N 6305G629355TIL16 1/1/2016 1/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $2,000,000 POLICY PRO X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N BA5G62935516CAG 1/1/2016 1/1/2017 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A UMBRELLA LIAB X OCCUR N N YSFEX5G629355TIL15 1/1/2016 . 1/1/2017 EACH OCCURRENCE $20,000,000 X EXCESS LIAB CLAIMS-MADE • AGGREGATE $20,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under • DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:234 Pacific Avenue,Bremerton,WA 98337. Named Insured Includes: Harborside Commons LLC and Penney's Harborside LLC.City of Bremerton is Additional Insured with respect to General Liability as required by written contract per the attached endorsement form CGD467 07/13 • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 Bremerton WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to • the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- t age description only: Limitations and exclusions may apply to these coverages. Read all the provisions of this en- • dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Amended Bodily Injury Definition B. Blanket Additional Insured—Broad Form Vendors J. Bodily Injury To Co-Employees And Co-Volunteer .'5, C. Damage To Premises Rented To You Workers • Perils of fire, explosion, lightning, smoke, K. Aircraft Chartered With Crew water L. Non-Owned Watercraft— Increased From 25 Feet • Limit increased to$300,000 To 50 Feet D. Blanket Waiver Of Subrogation M. Increased Supplementary Payments • E. Blanket Additional Insured — Owners, Managers • Cost of bail bonds increased to$2,500 Or Lessors Of Premises • Loss of earnings increased to$500 per day ti F. Blanket Additional Insured — Lessors Of Leased N. Knowledge And Notice Of Occurrence Or Offense Equipment C* G. Incidental Medical Malpractice O. Unintentional.Omission P. Reasonable Force — Bodily Injury Or Property . O H. Personal Injury—Assumed By Contract Damage • PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS The following is added to SECTION II —WHO IS 1. The following is added to SECTION II—WHO AN INSURED: IS AN INSURED: ;4) Any person or organization that is a vendor and Any organization, other than a partnership or that you have agreed in a written contract or joint venture, over which you maintain owner- agreement to include as an additional insured on ship or majority interest on the effective date this Coverage Part is an insured, but only with re- of the policy qualifies as a Named Insured. spect to liability for "bodily injury" or "property However, coverage for any such organization damage"that: will cease as of the date during the policy pe- a. Is caused by an "occurrence"that takes place riod that you no longer maintain ownership of, after you have signed and executed that con- or majority interest in, such organization. tract or agreement; and 2. The following replaces Paragraph 4.a. of b. Arises out of "your products" which are dis- SECTION II—WHO IS AN INSURED: tributed or sold in the regular course of such vendor's business. a. Coverage under this provision is afforded only until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end of the to the following provisions: policy period, whichever is earlier, unless a. The limits of insurance provided to such ven- reported in writing to us within 180 days. dor will be the limits which you agreed to pro- CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. .4 COMMERCIAL GENERAL LIABILITY . vide in the written contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part,whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion; which the vendor is obligated to pay damages by reason of the assumption of c. Lightning; liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e. Water. .V the absence of the contract or agreement; p (2) Any express warranty unauthorized by A separate limit of insurance applies to such damage to premises as described in Para • - y you; graph 6. of Section III—Limits Of Insurance. IV (3) Any physical or chemical change inyour products" made intentionally by 'such This insurance does not apply to damage to N, vendor; premises while rented to you, or temporarily • (4) Repackaging, unless unpacked solely for occupied by you with permission of the the purpose of inspection, demonstration, owner, caused by: testing, or the substitution of parts under a. Rupture, bursting, or operation of pres- p instructions from the manufacturer, and sure relief devices; then repackaged in the original container; b. Rupture or bursting due to expansion or (5) Any failure to make such inspections, ad- swelling of the contents of any building or justments, tests or servicing as vendors structure, caused by or resulting from wa- agree to perform or normally undertake to ter; . •*4perform in the regular course of business, c. Explosion of steam boilers, steam pipes, in connection with the distribution or sale steam engines, or steam turbines. of"your products"; N• (6) Demonstration, installation, servicing or 2. The following replaces Paragraph 6. of SEC- •O repair operations, except such operations TION HI—LIMITS OF INSURANCE: performed at such vendor's premises in Subject to 5. above, the Damage To Prem- connection with the sale of "your prod- ises Rented To You Limit is the most we will ucts"; or pay under Coverage A for damages because (7) "Your products" which, after distribution of "property damage" to any one premises or sale by you, have been labeled or re- while rented to you, or temporarily occupied �O labeled or used as a container, part or in- by you with permission of the owner, caused •*4 gredient of any other thing or substance by fire; explosion; lightning; smoke resulting by or for such vendor. from such fire, explosion, or lightning; or wa- '" Coverage under this provision does not apply to: ter. The Damage To Premises Rented To "'0 You Limit will apply to all damage proximately v a. Any person or organization from whom you caused by the same "occurrence", whether p have acquired "your products", or any ingre- such damage results from fire; explosion; dient, part or container entering into, accom- lightning; smoke resulting from such fire, ex- 0 panying or containing such products; or C:Zplosion, or lightning; water; or any combina- b. Any vendor for which coverage as an addi- tion of any of these. tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — b. The amount shown on the Declarations of 9 p COVERAGES — COVERAGE A BODILY IN- this Coverage Part for Damage To Prem- JURY AND PROPERTY DAMAGE LIABIL- ises Rented To You Limit. ITY: Page 2 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. p. 1 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the a. Is "bodily injury"or"property damage" caused definition of "insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or "advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any menta and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- .e...1 ro- •:• visions: (2) Explosion; O a. The limits of insurance provided to such y (3) Lightning; premises owner, manager or lessor will be `" (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning; or written contract or agreement, or the limits C (5) Water. shown on the Declarations of this Coverage Part, whichever are less. is not an "insured contract"; b. The insurance provided to such premises 4. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: s. of SECTION IV COMMERCIAL GENERAL O LIABILITY CONDITIONS: (1) "Bodily injury"ryor "property damage" caused by an "occurrence" that takes •� (b) That is insurance for premises rented to place, or "personal injury" or "advertising 4 you, or temporarily occupied by you with injury" caused by an offense that is corn- L0 the permission of the owner; mitted, after you cease to be a tenant in "4 ' D. BLANKET WAIVER OF SUBROGATION that premises; or ~" The following is added to Paragraph 8., Transfer (2) Structural alterations, new construction or Of Rights Of Recovery Against Others To Us, demolition operations performed by or on Ci* behalf of such premises owner, manager ;,r of SECTION IV — COMMERCIAL GENERAL LI- or lessor. O ABILITY CONDITIONS: c. The insurance provided to such premises We waive any right of recovery we may have owner, manager or lessor is excess over any 0 against any person or organization because of valid and collectible other insurance available + payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. ' with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS 7.4 "your products". We waive this right where you OF LEASED EQUIPMENT "0 have agreed to do so as part of a written contract, 0 executed by you prior to loss. The following is added to SECTION II — WHO IS C E. BLANKET ADDITIONAL INSURED — OWNERS, AN INSURED: MANAGERS OR LESSORS OF PREMISES Any person or organization that is an equipment 0 lessor and that you have agreed in a written con- =.•%1 The following is added to SECTION II —WHO IS tract or agreement to include as an additional in- AN INSURED: sured on this Coverage Part is an insured, but Any person or organization that is a premises only with respect to liability for "bodily injury", owner, manager or lessor and that you have "property damage", "personal injury" or "advertis- agreed in a written contract or agreement to ing injury"that: name as an additional insured on this Coverage a. Is "bodily injury"or"property damage"caused Part is an insured, but only with respect to liability "per- for "bodily injury", "property damage", "personal by an "occurrence" that takes place, orsonal injury" or "advertising injury" caused by injury"or"advertising injury"that. an offense that is committed, after you have CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- "Good Samaritan services" means any emer- ment; and gency medical services for which no compen- b. Is caused, in whole or in part, by your acts or sation is demanded or received. omissions in the maintenance, operation or 3. The following is added to Paragraph 2.a.(1)of use by you of equipment leased to you by SECTION II—WHO IS AN INSURED: • such equipment lessor. Unless you are in the business or occupation The insurance provided to such equipment lessor of providing professional health care services, is subject to the following provisions: Paragraphs (1)(a), (b), (c) and (d) above do a. The limits of insurance provided to such not apply to any "bodily injury" arising out of equipment lessor will be the limits which you any providing or failing to provide "incidental agreed to provide in the written contract or medical services" by any of your "employ- Cagreement, or the limits shown on the Decla- ees", other than an employed doctor. Any rations of this Coverage Part, whichever are such "employees" providing or failing to pro- less. vide "incidental medical services" during their work hours for you will be deemed to be act- 4 b. The insurance provided to such equipment ing within the scope of their employment by lessor does not apply to any "bodily injury" or0. you or performing duties related to the con- "property damage" caused by an "occur- duct of your business. 0 rence"that takes place, or"personal injuryor "advertising injury" caused by an offense that 4. The following exclusion is added to Para- • ., .r.. is committed, after the equipment lease ex- graph 2., Exclusions, of SECTION I — COV- pires. ERAGES— COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: ,, c. The insurance provided to such equipment lessor is excess over any valid and collectible Sale Of Pharmaceuticals other insurance available to such equipment "Bodily injury" or "property damage" arising 'IV lessor, unless you have agreed in a written out of the willful violation of a penal statute or "►+ contract for this insurance to apply on a pri- ordinance relating to the sale of pharmaceuti- mary or contributory basis. cals committed by, or with the knowledge or • •,;;. G. INCIDENTAL MEDICAL MALPRACTICE consent of, the insured. 01. The following is added to the definition of"oc- 5. The following is added to Paragraph 5. of ti currence" in the DEFINITIONS Section: SECTION III—LIMITS OF INSURANCE: 40 Unless you are in the business or occupation For the purposes of determining the applica- of providing professional health care services, ble Each Occurrence Limit, all related acts or 4. '` "occurrence" also means an act or omission omissions committed in the providing or fail- 4. committed in providing or failing to provide ing to provide "incidental medical services" to ;,a "incidental medical services"to a person. any one person will be considered one "oc- '^) currence". V 2. The following is added to the DEFINITIONS Section: 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- `, "Incidental medical services"means: MERCIAL GENERAL LIABILITY CONDI- 0 a. Medical, surgical, dental, laboratory, x-ray TIONS: fi or nursing service or treatment, advice or This insurance is excess over any valid and 0 instruction, or the related furnishing of food or beverages; collectible other insurance, whether primary, excess, contingent or on any other basis, that b. The furnishing or dispensing of drugs or is available to any of your "employees" for medical, dental, or surgical supplies or "bodily injury" that arises out of providing or appliances; failing to provide "incidental medical services" c. First aid; or to any person to the extent not subject to d. "Good Samaritan services". Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. Page 4 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY H. PERSONAL INJURY — ASSUMED BY CON- 3. The following replaces Paragraph 2.d. of TRACT SUPPLEMENTARY PAYMENTS — COVER- 1. The following replaces Exclusion e., Contrac- AGES A AND B: tual Liability, in Paragraph 2. of SECTION I d. The allegations in the "suit" and the in- - COVERAGES — COVERAGE B PER- formation we know about the "occur- SONAL AND ADVERTISING INJURY LI- rence" or offense are such that no conflict ABILITY: appears to exist between the interests of e. Contractual Liability the insured and the interests of the in- "Personal injury"or"advertising injury"for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured 'r,,' liability in a contract or agreement. This contract" in the DEFINITIONS Section: C exclusion does not apply to: f. That part of any other contract or agree- ') (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality in contract or agreement; or connection with work performed for a 0 • (2) Liability for damages because of municipality) under which you assume the O "personal injury" assumed in a con- tort liability of another party to pay for •••4 tract or agreement that is an "insured "bodily injury," "property damage" or"per- contract", provided that the "personal sonal injury"to a third person or organiza- n. o injury" is caused by an offense corn- tion. Tort liability means a liability that 4,� mitted subsequent to the execution of would be imposed by law in the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed in O an "insured contract", reasonable at- I. AMENDED BODILY INJURY DEFINITION 4 torneys fees and necessary litigation The following replaces the definition of"bodily in- '^' expenses incurred by or for a party jury" in the DEFINITIONS Section: other than an insured will be deemed "Bodily injury" means bodily injury, mental an- to be damages because of "personal C' injury", provided that: guish, mental injury, shock, fright, disability, hu- ;r miliation, sickness or disease sustained by a per- p (a) Liability to such party for, or for son, including death resulting from any of these at ; the cost of, that party's defense has also been assumed in the any time. +O same "insured contract"; and J. BODILY INJURY TO CO-EMPLOYEES AND WI (b) Such attorney fees and litigation CO-VOLUNTEER WORKERS R r. expenses are for defense of that The following is added to Paragraph 2.a.(1) of party against a civil or alternative SECTION II—WHO IS AN INSURED: dispute resolution proceeding in •••••4 which damages to which this in- Paragraph (1)(a) above does not apply to "bodily ' surance applies are alleged. injury" to a co-"employee" in the course of the co- `^s "employee's" employment by you or performing '02. The following replaces the third sentence of v duties related to the conduct of your business, or Paragraph 2. of SUPPLEMENTARY PAY- to"bodily injury" to your other"volunteer workers" p MENTS—COVERAGES A AND B: while performing duties related to the conduct of Notwithstanding the provisions of Paragraph your business. C 2.b.(2) of Section I — Coverage A— Bodily In- CZ jury And Property Damage Liability or Para- K. AIRCRAFT CHARTERED WITH CREW graph 2.e. of Section I — Coverage B — Per- The following is added to Exclusion g., Aircraft, sonal and Advertising Injury Liability, such Auto Or Watercraft, in Paragraph 2. of SECTION payments will not be deemed to be damages I — COVERAGES — COVERAGE A BODILY IN- because of "bodily injury", "property damage" JURY AND PROPERTY DAMAGE LIABILITY: or "personal injury", and will not reduce the This exclusion does not apply to an aircraft that limits of insurance. is: CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • COMMERCIAL GENERAL LIABILITY (a) Chartered with crew to any insured; e. The following provisions apply to Paragraph (b) Not owned by any insured; and a. above, but only for the purposes of the in- surance provided under this Coverage Part to (c) Not being used to carry any person or prop- you or any insured listed in Paragraph 1. or 2. erty for a charge. of Section II-Who Is An Insured: L. NON-OWNED WATERCRAFT (1) Notice to us of such "occurrence" or of- 1. The following replaces Paragraph.(2) of Ex- fense must be given as soon as practica- clusion g., Aircraft, Auto Or Watercraft, in ble only after the "occurrence" or offense Paragraph 2. of SECTION I COVERAGES is known to you (if you are an individual), - COVERAGE A BODILY INJURY AND any of your partners or members who is PROPERTY DAMAGE LIABILITY: an individual (if you are a partnership or (2) A watercraft you do not own that is: p. joint venture), any of your managers who is an individual (if you are a limited liability O (a) Fifty feet long or less; and company), any of your trustees who is an r" (b) Not being used to carry any person or individual (if you are a trust), any of your y property for a charge. "executive officers"or directors (if you are 0 2. The following is added to Paragraph 2. of ti an organization other than a partnership, p • SECTION II-WHO IS AN INSURED: joint venture, limited liability company or trust) or any "employee" authorized by Any person or organization that, with your ex- you to give notice of an "occurrence" or press or implied consent, either uses or is re- offense. i.'' sponsible for the'use of a watercraft that you o (2) If you are a partnership,joint venture, lim- 4. do not own that is: ited liability company or trust, and none of 'y (1) Fifty feet long or less; and your partners, joi t venture members, O (2) Not being used to carry any person or managers or trustees are individuals, no- property for a charge. tice to us of such "occurrence" or offense M. INCREASED SUPPLEMENTARY PAYMENTS must be given as soon as practicable only • 0.-4 after the "occurrence"or offense is known 1. The following replaces Paragraph 1.b. of by: SUPPLEMENTARY PAYMENTS - COVER- (a) Any individual who is: ;�, AGES A AND B of SECTION I - COVER- 0 AGES: (i) . A partner or member of any part- b. Up to $2,500 for cost of bail bonds re- nership or joint venture; p quired because of accidents or traffic law (ii)-A manager of any limited liability 4fty violations arising out of the use of any .company; vehicle to which the Bodily Injury Liability (iii)A trustee of any trust; or L Coverage applies. We do not have to fur- nish these bonds. (iv)An executive officer or director of ,,A any other organization; „� 2. The following replaces Paragraph 1.d. of 4'" SUPPLEMENTARY PAYMENTS - COVER- that is your partner, joint venture "0 AGES A AND B of SECTION I - COVER- member, manager or trustee; or v AGES: (b) Any "employee" authorized by such O d. All reasonable expenses incurred by the partnership, joint venture, limited li- ability company, trust or other organi- insured at our request to assist us in the "occur- "suit",investigation or defense of the claim or zation to give notice of an including actual loss of earnings up rence"or offense. to $500 a day because of time off from (3) Notice to us of such "occurrence" or of- work. fense will be deemed to be given as soon N. KNOWLEDGE AND NOTICE OF OCCUR- as practicable if it is given in good faith as RENCE OR OFFENSE soon as practicable to your workers' compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION 'IV - COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: Page 6 of 7 ©2013 The Travelers Indemnity Company.All right reserved. CG D4 67 07 13 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • • is COMMERCIAL GENERAL LIABILITY in Paragraphs e.(1) or (2) above discov- relied upon in issuing this policy will not prejudice ers that the "occurrence" or offense may your rights under this insurance. However, this result in sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble insurance laws or regulations. ment that provides limited coverage for "bod- P. REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or The following replaces Exclusion a., Expected Or escape of "pollutants" which contains a re- Intended Injury, in Paragraph 2. of SECTION I — quirement that the discharge, release or es- COVERAGES — COVERAGE A BODILY IN- V, cape of "pollutants" must be reported to us JURY AND PROPERTY DAMAGE LIABILITY: within a specific number of days after its abrupt commencement, this Paragraph e. a. Expected or Intended Injury or Damage does not affect that requirement. "Bodily injury" or"property damage" expected "'' O. UNINTENTIONAL OMISSION or intended from the standpoint of the in- .... sured. This exclusion does not apply to "bod- The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL ily injury" or"property damage" resulting from GENERAL LIABILITY CONDITIONS: the use of reasonable force to protect any person or property. The unintentional omission of, or unintentional er- r. ror in, any information provided by you which we ti •v •y V. ^1 ••V °^4 ti 'ti !w ti CG D4 67 07 13 ©2013 The Travelers Indemnity Company.All right reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office,Inc.with its permission.