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HomeMy WebLinkAboutProperty #: P18-011 - 3/13/2018 P18-011 ACCESS LICENSE AND INDEMNITY AGREEMENT This Access License and Indemnity Agreement (hereinafter "Agreement") is made by and between Phoenix Cement Company, a division of the Salt River-Pima Maricopa Indian Community dba Salt River Materials Group ("PHOENIX CEMENT") and the City of Glendale, a municipal corporation organized under the laws of the State of Arizona(hereinafter"Glendale") and their respective employees, consultants, contractors, agents, assigns and successors in interest, and is effective this 13 day of cY1jt'cA-‘ 2018 ("Effective Date"). WHEREAS, Glendale currently owns the following real property in Glendale, Arizona, generally located at the intersection of 115th Avenue and Glendale Avenue, which is legally described in Exhibit 1 ("Property"); WHEREAS, by letter dated April 4, 2017, PHOENIX CEMENT requested access to a portion of the Property to reduce on road hauling to support certain operational activities, and the City has agreed to grant access to that portion of the Property identified in Exhibit 1 as License Area in accordance with the terms and conditions of this Agreement; THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, and with the intent to be legally bound, PHOENIX CEMENT and Glendale hereby covenant and agree as follows: DEFINITIONS As used in this Agreement,the following terms shall have the meaning set forth below: a) "Contractor" means any Contractor and/or its subcontractors retained by PHOENIX CEMENT to haul truckloads onto and/or across the Property. b) "Environmental Condition" means any condition with respect to soil, surface water or groundwater at, from or below the Property or other conditions present at the Property. Such conditions need not be in violation of Environmental Laws (as herein defined) or require remedial action and/or could result in claims, demands, and/or liabilities to third parties, including but not limited to governmental entities. c) "Environmental Laws" shall include, without limitation, federal, state, local, and regional statutes, rules, regulations, and the common law relating to all environmental media (i.e., air, soil and water), including, without limitation, the Arizona Environmental Quality Act, contained in Title 49 of the Arizona Revised Statutes, as amended; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Section 6901, et seq. ("RCRA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. Section 1801, et seq. ("HMTA"); the Clean Air Act, as amended, 42 U.S.C. Section 7401, et seq.; the Emergency Planning and Community Right-To-Know Act of 1986, as amended, 42 U.S.C. Section 11001 et seq. ("EPCRA"); the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. Section 136, et seq.; the Clean Water Act, as amended, 33 U.S.C. Section 1251, et seq.; the National Environmental Policy Act, as amended, 42 U.S.C. Section 4321, et seq.; the Occupational Safety and Health Act, as amended, 29 U.S.C. Section 651 et seq.; the Endangered Species Act, as amended, 16 U.S.C. Section 1531, et seq.; the Rivers and Harbors Act of 1899, as amended, 33 U.S.C. Section 401 et seq.; the Oil Pollution Act of 1990, as amended; the Pollution Prevention Act of 1990, as amended; the Safe Drinking Water Act, as amended, 42 U.S.C. Section 300[f] et seq.; the Toxic Substances Control Act, as amended, 7 U.S.C. Section 136 et seq. ("TSCA"); any regulations promulgated under or pursuant to any of the foregoing; and all other federal, state, and local laws, ordinances, statutes, codes, rules, regulations, orders, and decrees now in effect relating to the release or threat of release of Hazardous Material at or from the Property. d) "Haul Activities"means the activities, including ingress and egress of truck traffic, to be performed on PHOENIX CEMENT's behalf that may change, alter, minimize exacerbate, or otherwise affect any physical condition, including any Environmental Condition, of the Property as it existed on the Effective Date of this Agreement between the Parties. e) "Hazardous Material(s)" means, without limitation, any hazardous waste, solid waste or toxic materials, hazardous substances, pollutants, or contaminants located at or emanating from the Property, as defined in the applicable Environmental Laws described herein. TERMS AND CONDITIONS 1. PHOENIX CEMENT hereby expressly agrees to comply, and to ensure that its Contractor complies,with all Environmental Laws in performing the Haul Activities at, on or across the License Area. 2. In consideration of the foregoing provision, Glendale hereby grants PHOENIX CEMENT and any Contractor the right to enter and access the License Area for the purpose of conducting the Haul Activities during the term of this Agreement. Glendale is not granting a right • to enter and access or conduct any other activities on the remainder of the Property beyond the License Area. 3. PHOENIX CEMENT shall follow standard industry practices for assuring sufficient clearance of all utilities, lines and other structures prior to undertaking any Haul Activities at, on or across the License Area. PHOENIX CEMENT will also comply with all relevant federal, state and City motor vehicle and traffic laws during the course of its activities at, on or across the License Area. 4. Glendale understands that the Haul Activities will, among other things, disturb vegetation and soil on the License Area. PHOENIX CEMENT shall restore any disturbed land to substantially the same condition as existed prior to PHOENIX CEMENT's Haul Activities. Such restoration shall include restoring any feature of the License Area or Property, including any pavement, asphalt, concrete, soil, vegetation, utility, line, structure or other permanent fixture to its preexisting condition. at PHOENIX CEMENT's sole expense. All restoration work shall be conducted according to standard industry practices. 5. City shall not be responsible, and makes no warranties or representations about the security for, any vehicles, equipment, tools and other materials of PHOENIX CEMENT or Contractor used, stored, or related to the Haul Activities on the License Area. The safety and responsibility for any vehicles, equipment, tools and other materials used on the License Area, or left on the Property at the conclusion of each day, are the sole responsibility of PHOENIX CEMENT or Contractor. J 6. PHOENIX CEMENT agrees to procure and maintain, until all of its obligations, including any warranty periods under this Agreement, are satisfied, insurance against claims for injury to persons or damage to the License Area or Property which may arise from or in connection with the performance of the Haul Activities hereunder by PHOENIX CEMENT and/or its Contractor. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City of Glendale in no way warrants that the minimum limits contained herein are sufficient to protect PHOENIX CEMENT from liabilities that might arise out of the performance of the activities under this Agreement by PHOENIX CEMENT, its agents, representatives, employees or Contractors, and PHOENIX CEMENT is free to purchase such additional insurance as may be determined necessary. a. MINIMUM SCOPE AND LIMITS OF INSURANCE: PHOENIX CEMENT shall provide coverage with limits of liability not less than those stated below: 1. Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability and XCU coverage. • General Aggregate $2,000,000 • Products—Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Damage to Rented Premises (if applicable) $ 100,000 • Each Occurrence $1,000,000 A. The policy shall be endorsed to include the following additional insured language: "The City of Glendale, and directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of PHOENIX CEMENT." Such additional insured shall be covered to the full limits of liability purchased by PHOENIX CEMENT, even if those limits of liability are in excess of those required by this Agreement. B. Policy shall contain a waiver of subrogation in favor of the "City of Glendale, and its directors, officers, officials, agents and employees" for losses arising from work performed by or on behalf of PHOENIX CEMENT. 2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Agreement. • Combined Single Limit(CSL) $1,000,000 A. The policy shall be endorsed to include the following additional insured language: "The City of Glendale, and its directors, officers, officials, agents and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of PHOENIX CEMENT, involving automobiles owned, leased, hired or borrowed by PHOENIX CEMENT." Such additional insured shall be covered to the full limits of liability purchased by the PHOENIX CEMENT, even if those limits of liability are in excess of those required by this Agreement. B. Policy shall contain a waiver of subrogation endorsement in favor of the "City of Glendale, its directors, officers, officials, agents and employees" for losses arising from work performed by or on behalf of PHOENIX CEMENT. 3. Worker's Compensation and Employers' Liability • Workers' Compensation Statutory • Employers' Liability Each Accident $1,000,000 Disease—Each Employee $1,000,000 Disease—Policy Limit $1,000,000 A. Policy shall contain a waiver of subrogation endorsement in favor of the "City of Glendale, its directors, officers, officials, agents and employees" for losses arising from work performed by or on behalf of PHOENIX CEMENT. B. This requirement shall not apply to: Separately, Each PHOENIX CEMENT or Contractor exempt under A.R.S. § 23-901, AND when such PHOENIX CEMENT or Contractor executes the appropriate waiver (Sole Proprietor/Independent Consultant) form. b. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsedto contain, the following provisions: 1. PHOENIX CEMENT's policies shall stipulate that the insurance afforded the PHOENIX CEMENT shall be primary insurance and that any self-insurance, insurance or excess insurance carried by its agents, officials, employees or the City of Glendale shall be excess and not contribute to it. 2. Coverage provided by PHOENIX CEMENT shall not be limited to the liability assumed under the indemnification provisions of this Agreement. c. NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this Agreement in the insurance policies above shall require (30) days written notice to the City of Glendale. Such notice shall be sent directly to the Department. d. ACCEPTABILITY OF INSURERS: PHOENIX CEMENT's insurance shall be placed with companies licensed in the State of Arizona or hold approved non- admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an "A.M. Best" rating of not less than A- VII. The City of Glendale in no way warrants that the above-required minimum insurer rating is sufficient to protect PHOENIX CEMENT from potential insurer insolvency. e. VERIFICATION OF COVERAGE: PHOENIX CEMENT shall furnish the City of Glendale with certificates of insurance (ACORD form or equivalent) as required by this Agreement. The certificates for each insurance policy are to be signed by an authorized representative. All certificates and endorsements are to be received and approved by the City of Glendale before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Agreement, or to provide evidence of renewal, is a material breach of this Agreement. All certificates required shall be sent directly to the Department. The City of Glendale project/contract number and project description are to be noted on the certificate of insurance. The City of Glendale reserves the right to require complete copies of all insurance policies required by this Agreement at any time. f. CONTRACTORS: PHOENIX CEMENT's certificate(s) shall include all Contractors as insureds under its policies or PHOENIX CEMENT shall furnish to the City of Glendale separate certificates for each Contractor. All coverages for Contractors shall be subject to the minimum requirements identified above. PHOENIX CEMENT may at its discretion furnish as partial coverage for a Contractor, certificates with lesser limits of liability than the minimum amounts identified above, provided that PHOENIX CEMENT also includes said Contractor as insured under PHOENIX CEMENT's insurance for all amounts exceeding such lesser limits of liability. g. APPROVAL: Any modification or variation from the insurance requirements in this Agreement shall be made by the contracting agency in consultation with City's Risk Manager. Such action will not require a formal contract amendment, but may be made by administrative action. 7. PHOENIX CEMENT acknowledges the risks associated with the Haul Activities and agrees that City shall bear no responsibility or liability for any damage, loss, interference or personal injury or death suffered by PHOENIX CEMENT, Contactor or any other person or third party resulting in whole or in part arising from the acts, omissions or negligence of PHOENIX CEMENT or Contractor. 8. PHOENIX CEMENT covenants and agrees that to the fullest extent permitted by law, PHOENIX CEMENT must defend, indemnify, and hold harmless City and its elected officials, officers, employees and agents (each, an "Indemnified Party," collectively, the "Indemnified Parties") for, from, and against any and all claims, demands, actions, damages, judgments, settlements, personal injury (including sickness, disease, death, and bodily harm), property damage (including loss of use), infringement, governmental action and all other losses and expenses, including attorneys' fees and litigation expenses (each, a "Demand or Expense" collectively "Demands or Expenses") asserted by a third-party (i.e. a person or entity other than City or PHOENIX CEMENT) and that arises out of actual or alleged bodily injury or personal injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of PHOENIX CEMENT or any of PHOENIX CEMENT's directors, officers, agents, employees, volunteers or Contractors. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of PHOENIX CEMENT to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. 9. Term. The Term of this Agreement is one year. It begins on the Effective Date and expires on the one year anniversary of the Effective Date. The Parties may, however, extend the Term for 4 one-year renewal terms in a formal extension or amendment, signed by both parties. Notwithstanding the duration of the initial Term and any renewal Term, the City may immediately terminate PHOENIX CEMENT's and any Contractor's right to enter and access the License Area for the failure to comply with any obligation under this Agreement. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed below: PHOENIX CEMENT: BUYER: 1-110— CITY OF GLENDALE, ARIZONA a mu 'cipal c orat ii 1 -,Cid 07 �' Cro By (//. 4 /tu Ci anager ATTEST: Clerk APPROVED AS TO FORM: • • ytto -y June 16,2017 O Job No.:2017-2014-430-Glendale-JFL O ' 0 O , (z) 1.4 LEGAL DESCRIPTION • "Proposed 50-foot strip License Area(City of Glendale Property)" (in A strip of land 50 feet in width the North line being parallel to the South line of - ! parcel 2,of the lands described in document No.:19981031647,recorded in the Maricopa County Recorder's Office,Maricopa County;Arizona and more ,I particularly described as follows: al 2 c4.1 ;—Io The South 50.00 foot of the East half of the West half of the Southeast quarter of aE t..cm Section 12,Township 2 North,Range 1 West of the Gila and Salt River Meridian, o Pg79: Maricopa County,Arizona. t,4 ea Parcel contains 0.7421 acres more or less. 44 2 4—) LAN0 s e4 • ssf 4—) ••• 4' 4, f4, ti 33873 9 -46 MARTIN ETCHEVER-1 Con ••7 • 0 ase4--4> azy/za,„ 0 (1) P.O.Box 2701 Cottonwood,AZ 86326 (928)239-9525 voice (928)239-9525 fax www.sgslandsurveying.com Page 1 of 1 DALandProjectst201612014430-Glendale-IFIALegal-Desd5Oft-Lease-2-06-201712017-2014430-Glendale4FL-50Ft-West- RI.doc LICENSE EXHIEIT DRAWN BY: M.T.E. SHEET: 1 of 1 Located off of Glendale Rd. SCALE: 1 INCH = 300 FEET E 1 4,.Cor�^ near the Airport / JOB No.: 2017-2014-430 Sec. 12 DATE: JUNE 15, 2017 Located in Section 12, T 2 N, R 1 W, G&SRB&M, Maricopa County, Arizona So u th west Geographic Services P.O. Box 2701 Cottonwood, Az. 86326 (928) 239-9525 EXPIRES 6/30/2017 501 -55-004G N A° --- SG '— / 33873 .�MAIM T. I� LICENSE EXHIBIT N p ETCHEVER / (O C N oX �./ CN} N 9N�!nem // Ii:. !T ?�! E2, W2, SE4 SECTION 12 TOWNSHIP 2 NORTH RANGE 1 WEST SE4, SE4 w SECTION 12 -L q`' N 501 -55-012C TOWNSHIP 2 NORTH ^o M OWNER: CITY OF RANGE 1 WEST I'� o GLENDALE o 0o z RECORDING No.: 501 -55-004E 1 9981 031 647 OWNER: PARCEL #2 GLENDALE/115 LLC 0 50' LICENSE AREA RECORDING No.: 0.7421 acres± 20130430919 50' LICENSE AREA w N 32,325 sq.ft.± PARCEL #1 1 .4842 acres± _m 6 L.,_ 4) N00°31'09"Eo S/S0O3O'O2W ° cn S00°28'11"W 50.00 / 50.00 050.00 v Lo N-1 S89009'33"E 646.47' N89°09'33"W 1293.06' w N89-09'33' W 646.52' N89°09'33' W f1293.03' 1117 N897 5'17"W N897 5.'39"W 1293.03' R2 Fot 646.52' R2 Col C.tA/ �►��10r CERTIFICATE OF LIABILITY INSURANCE DATE(MMM1DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NNemec 2325 E.Camelbeck Road tAlo NNo,Eats; (Arrcc.Nob Suita600 E-MAILss: Phoenix,AZ 85016 Aitr1:Phoenix.CertRequesiBmarshram 1 F:212.948-4384 INSURER(S)AFFORDING COVERAGE NAIC/I 417834STND-GAWUA-17.19 - INSURER A:Hudson Insurance Co 25054 INSUREDSall River Materials Group INSURER B:NIA �A 8800E Chaparral Road,Suite 155 INSURER C: Scofsdale,AZ 85250 INSURER 0: INSURER E: INSURER F: , COVERAGES CERTIFICATE NUMBER: LOS-002365260-05 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDiYYYTY) (EFF MMIIODIYYYYi UMITS A X COMMERCIAL GENERAL LIABILITY NAA00014.17 07/0112017 07/0112019 EACH OCCURRENCE 5 10,000,000 DAMAGE TO RENTED CLAIMS-MADE ElOCCUR PREMISES iEecommence) 5 10,000,000 X $250,000 SIR MED EXP(My one person) $ _ _ PERSONAL L ADV INJURY S 10,000,000 GENL AGGREGATE LIMIT APPUES PERT GENERAL AGGREGATE _S RPOUCY❑cm El LOC PRODUCTS•COMP/OP AGO S OTHER 5 A AUTOMOBILE LIABILITY NAA00014.17 0710112017 0710112019 martin t:remoLELIMIT S 10,000,000 lEe ecetdon11 -„ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per ecddent) S AUTOS ONLY AUTOS x HIRED ONLY X AUTOS PROPERTY DAMAGE $ X $250,000 SIR ComplColI Deductible S 250,000 UMBRELLALiAB H OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE S DED I - RETENTIONS S A WORKERS COMPENSATION HAA00014.17 0710112017 0710112019PER x OTH- AND EMPLOYERS'UASILITY I STATUTE I I 'SIR;$ 250.000'' ER ANYPROPRIETOMPARTNERIEXECUTIVE Y!N 1,000,000 OFFICERIMEMBEREXCLUDED? N/A E.L.EACHACCIDENi S (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000 Iryyas,desesiboundor DESCRIPTIONOFOPERATIONSbOIOW El.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OFOPERATIONS ILOCATIONS IVEHICLES(ACORD 101,Additional Remiche Sobeskaa,may be alta chid If mom apace Is raquIrod) The Cly of Glendale,and directors,officers,officials,agents end employees are named as Additional Insured(except lorworkers'compensation)where required by wrillen contract and coverage is primary and non •conhfbulory as per attached Additional Insured Endorsement 30 Day Notice of cancellatonln Favor of City of Glendab applies as per the attached endorsement.Waiver of Sublogatlon is afforded per pdiey form Rev.ALA 001(0712016)Condition 0.Waiver of Subrogation:This policy shat not be invalidated if the'assured',by written agreement,has waived or shall waive Its right of recovery hom any party for'lose and/or 'expense'Covered hereunder,provided that any such waiver is made prior to the happening of the'occurrence'giving rise to such'loss'andlor'expense. CERTIFICATE HOLDER CANCELLATION City of Glendale SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Engineering Department THE EXPIRATION DATE THEREOF, NOTICE WiLL BE DELIVERED IN 5850 W.Glendale Avenue,Suite 315 ACCORDANCE WITH THE POLICY PROVISIONS. Glendale,AZ 85301 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Janet K Mitchell >‘—/7i ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD (!g) HUDSON INSURANCE GROUP® SOVEREIGN NATION ALL LiNES AGGREGATE INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Assured: Policy Number. Effective date Endorsement#: of change: Salt River Materials Group NAA00014-17 11-15-17 3 ADDITIONAL ASSURED- PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: INSURING AGREEMENT A. -GENERAL LIABILITY INSURING AGREEMENT F. -AUTOMOBILE LIABILITY This endorsement identifies person(s)or organization(s)who are"Assureds"under Coverage Part 1.This endorsement does not alter coverage provided in Coverage part 1. SCHEDULE - Name of Person(s)or Organization(s): City of Glendale,its directors,officers,officials,agents and employees 5850 West Glendale Avenue,Glendale,AZ 85301 RE: Access License and Indemnity Agreement for reduction of on road hauling activities Each person or organization shown in the Schedule Is an"Assured"for Uabllity coverage,but only to the extent that person or organization qualifies as an Assured under General Provisions,Section A.1.: A. ASSURED: It is agreed that the unqualified word Assured,wherever used In this Policy,includes not only the Named Assured as stated in the Declarations but also: 1. any official,trustee,employee or volunteer of the Named Assured while acting within the scope of his duties as such,and any person,organization,trustee or estate to whom the Named Assured is obligated by virtue of a legally binding contract or agreement to provide insurance such as Is afforded by this Policy,but only in respect of operations performed by or on behalf of the Named Assured. it Is further agreed that when insurance coverage is afforded by this policy for the above Additional Assured(s),It shall be primary insurance as respects any claim,loss or liability arising out trite Named Assured's operations and any other Insurance maintained by the above named entitles shall be excess only and not contributing with this Insurance. Authorized Representative All other Terms and Conditions remain the same. Rev.(Ed.10112) 1/27/2016 . _. 4 ._ :. HUDSON 04 - INSURANCE GROUP HUDSON INSURANCE COMPANY SOVEREIGN NATION ALL LINES AGGREGATE INSURANCE POLICY POLICY CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Assured: Policy Number: Effective date Endorsement#: of change: Salt River Materials Group NAA00014-17 11-15-17 3 Itis understood and agreed that Conditions Applicable to Coverage Parts IA,IB and 11—Item F is amended as follows: In the event of non-payment of premium by the'Assured°,"Hudson"will give ten(10)days'notice of cancellation,in writing,sent certified mail to the"Assured'and all coverage afforded by this policy will terminate ten(10)days after the mailing of such notice. Notwithstanding the aforementioned,"Hudson'may elect to cancel this policy at any time upon ninety(90)days'written notice to the "Named Assured',otherwise this policy automatically expires at the end of the"policy period". Should Hudson send notice of cancellation as outlined above,it is agreed that the following Additional Assured will be provided 10 days notification in the event of Notice of Cancellation due to non-payment of premium and 30 days notification of such Notice of Cancellation being sent to the Assured for any other reason. City of Glendale 5850 West Glendale Avenue Glendale,AZ 85301 Authorized Representative All other Terms and Conditions remain the same. (Ed.10/07) 11/15/17 '."' J ,�"'+��@ m � t�i � Cca •'tE.1 ,, • ,-...---.—..-4,,4"..,-i • i/ . `s.+x? '''''*"':A'2 --**`l � 4 Ti• t �` `yv�r" .1"... a,. '-3`^a�y .t iJ4' �`C�� lti�� `Yg"• lit r a. # ▪ ♦ ,,,,? .. _�,yam. f } - 'C .y.r .."' + S i�(` .3 -• .1dr,Puo,5131 i .ear; ;� t . 5*� ' !'�:�. it_ ''' t'',s 1?v r" +` y ."'T°. 1{ r.."- '2' . -- . .. .mY'+.r aga"�r,. =-ea .. ;•'{��� f :' r 5-0.SQA 4 * "� '.,! '. ► e. k f • s.•.* •s, 4+ ..1:„...,-,�' e 1 . 1. 'Y lI P,¢ . ..f • �•' 2 �lwj�•,•.-1,y'` I:,.,, ,h. �f�i[ ,�.. 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"-:,,,,,1,,,,...,; '-- fi..,4„.„.„0,11-(..g.f.,,...t,;,!;,•!;.,: ,.,:.:, .,,, -_,.,--,‘; %-- ACCESS LICENSE p FOR SALT RIVER MATERIALS GROUP a10 115TH AVENUE SOUTH OF GLENDALE AVENUE GLEND.tE Recorded by: OFFICIAL RECORDS OF City Clerk's Office MARICOPA COUNTY RECORDER FONTES City of Glendale ELECTRON C RECORDING 5850 West Glendale Avenue 20180187873,03/13/2018 12:37, Glendale, Arizona 85301 ALIAPHXCEMENTCO-14-1-1--,N CITY OF GLENDALE, ARIZONA DOCUMENT TO BE RECORDED: Access License and Indemnity Agreement with Phoenix Cement Company (Agreement P18-011) (PLEASE DO NOT REMOVE — THIS IS PART OF THE OFFICIAL DOCUMENT)