Agenda packet — Soledad City Council, March 19, 2025 (part 2 of 2)

ALLIED WORLD NATIONAL ASSURANCE COMPANY

PRIMARY ENVIRONMENTAL POLICY (PEP)

COMMERCIAL GENERAL LIABILITY, ENVIRONMENTAL AND PROFESSIONAL LIABILITY COVERAGE

TABLE OF CONTENTS

POLICY SECTIONS PAGE
SECTION I – COVERAGES
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY 8 COVERAGE C - MEDICAL PAYMENTS 11
COVERAGE D – GENERAL POLLUTION LIABILITY 12

1.a.(1) Hostile Fire and Building Equipment Liability

1.a.(2) Products Pollution and Exposure Liability

1.a.(3) Transported Cargo Pollution Liability

1.a.(4) Contractors Pollution Liability
COVERAGE E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY 13

1.a. Time Element Location Pollution Liability

1.b. Non-Owned Location Pollution Liability
COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY 14

1.a. Bodily Injury and Property Damage

1.b. On-Site Clean-up Costs Liability

1.c. Off-Site Clean-up Costs Liability
COVERAGE G – PROFESSIONAL LIABILITY 15

1.a. Professional Damages

1.b. Mitigation Expense Payments
SECTION I – COVERAGES E, F, AND G – COMMON INSURING AGREEMENT 15 SECTION I – COVERAGES D, E, F, AND G – COMMON EXCLUSIONS 16 SECTION I - COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS 21 SECTION II – WHO IS AN INSURED 22
SECTION III – LIMITS OF INSURANCE 23
SECTION IV – CONDITIONS 25
SECTION V – DEFINITIONS 31
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PRIMARY ENVIRONMENTAL POLICY (PEP)

COMMERCIAL GENERAL LIABILITY, ENVIRONMENTAL AND PROFESSIONAL LIABILITY COVERAGE Various provisions in this Policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

COVERAGES E, F, AND G OF THIS POLICY PROVIDE CLAIMS MADE AND REPORTED COVERAGE. CLAIM EXPENSE UNDER COVERAGES E, F, AND G REDUCE THE LIMITS OF INSURANCE.

Throughout this Policy the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Policy. The words “we”, “us” and “our” refer to the Company providing this insurance.

The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED.

Other words and phrases that appear in bold have special meanings. Refer to SECTION V – DEFINITIONS.

In consideration of the payment of premium, and in reliance upon the statements and information in the Application and all information submitted in support thereof, we agree to provide coverage as follows.

COVERAGE IS IN EFFECT IF AN APPLICABLE LIMIT IS SHOWN IN ITEM 3. OF THE DECLARATIONS.

SECTION I – COVERAGES

COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any occurrence and settle any claim or suit that may result.

But:
(1) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance as described in SECTION III – LIMITS OF INSURANCE.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS. b. This insurance applies to bodily injury and property damage only if:
(1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory;
(2) The bodily injury or property damage occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim, knew that the bodily injury or property damage had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 238
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c. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period.
d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim:
(1) Reports all, or any part, of the bodily injury or property damage to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the bodily injury or property damage; or
(3) Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.
e. Damages because of bodily injury include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the bodily injury.

2. Exclusions
This insurance does not apply to:
a. Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
b. Contractual Liability
Bodily injury or property damage for which the insured 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:
(1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage, provided:
(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and
(b) Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability
Bodily injury or property damage for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in:
(a) The supervision, hiring, employment, training, or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol;
if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraphs (1), (2), or (3) above.
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However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law, or any similar law.
e. Employer's Liability
Bodily injury to:
(1) An employee of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (1) above.

This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.

This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution
(1) Bodily injury or property damage which would not have occurred in whole or in part but for the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time;
(2) Any loss, cost, or expense arising out of any:
(a) Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or
(b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. 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 not being used to carry persons or property 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 the ownership, maintenance or use of aircraft or watercraft; or
(5) 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 where it is licensed or principally garaged; or
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(b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of mobile equipment.
(6) Bodily injury or property damage arising out of:
(a) The delivery of liquid product to a wrong receptacle or to a wrong address; or (b) The erroneous delivery of one liquid product for another product by an auto.

If, under (a) or (b), the bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery.

Operations that may require further service, maintenance, correction, repair, or replacement of performance at the wrong address or because of any error, defect, or deficiency, but which are otherwise completed, will be deemed completed.
h. Mobile Equipment
Bodily injury or property damage arising out of:
(1) The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured; or
(2) The use of mobile equipment in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
i. War
Bodily injury or property damage however caused, arising directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage to Property
Property damage to:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization, or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon if the property damage arises out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody, or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it.

Paragraphs (1), (3), and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven 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.

Paragraph (2) of this exclusion does not apply if the premises are your work and were never occupied, rented, or held for rental by you.

Paragraphs (3), (4), (5), and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard.
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k. Damage to Your Product
Property damage to your product arising out of it or any part of it. l. Damage to Your Work
Property damage to your work arising out of it or any part of it and included in the products-completed operations hazard.

This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy, or dangerous condition in your product or your work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products, Work, or Impaired Property
Damages claimed for any loss, cost, or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of:
(1) Your product;
(2) Your work; or
(3) Impaired property;
if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. o. Personal and Advertising Injury
Bodily injury arising out of personal and advertising injury. p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.

However, this exclusion does not apply to liability for damages because of bodily injury.

As used in this exclusion, electronic data means information, facts, or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
q. Recording And Distribution of Material Or Information in Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
r. Asbestos
Bodily injury or property damage arising from or based upon asbestos or asbestos-containing material. s. Lead
Bodily injury or property damage arising from or based upon the toxic properties of lead or leadcontaining products or materials. 242
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t. Microbial Matter
Bodily injury or property damage arising from or based upon microbial matter. u. Virus or Bacteria
Bodily injury or property damage arising from or based upon any virus or bacteria. v. Communicable Disease
Bodily injury or property damage arising from or based upon the actual or alleged transmission of a communicable disease.

This exclusion applies even if the claim against any insured alleges negligence or other wrongdoing in the:
(1) Supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease;
(2) Testing for a communicable disease;
(3) Failure to prevent the spread of the disease; or
(4) Failure to report the disease to authorities.
w. Radioactivity
Bodily injury or property damage arising from or based upon radiation, radioactivity, radioactive materials, or contamination, including but not limited to naturally occurring radioactive materials (commonly referred to as NORM, TNORM, or TENORM).
x. Insurance Afforded Under Other Coverages
Bodily injury or property damage for which insurance is afforded under SECTION I –COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, or G – PROFESSIONAL LIABILITY of this Policy or for which insurance is afforded under another Commercial General Liability, Pollution Liability, or Professional Liability policy issued to you by us or an affiliate of us, including, but not limited to, insurance provided for the defense of any claim or suit alleging bodily injury or property damage.
y. Employment-Related Practices
Bodily Injury to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person’s employment; or
(c) Employment-related practices, policies, acts, or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person; or
(2) The spouse, child, parent, brother, or sister of the person as a consequence of bodily injury to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed.

This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment, or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
z. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Bodily injury or property damage arising out of:
(1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
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Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE.

COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY

1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or suit that may result. But:
(1) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance as described in SECTION III – LIMITS OF INSURANCE.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period.

2. Exclusions
This insurance does not apply to:
a. Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge of Falsity
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Personal and advertising injury arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period
Personal and advertising injury arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts
Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. 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 liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach of Contract
Personal and advertising injury arising out of a breach of contract, except an implied contract to use another's advertising idea in your advertisement.
g. Quality or Performance of Goods – Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods, products, or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description of Prices
Personal and advertising injury arising out of the wrong description of the price of goods, products or services stated in your advertisement.
i. Infringement of Copyright, Patent, Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret, or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your advertisement.

However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress, or slogan.
j. Insureds in Media and Internet Type Businesses
Personal and advertising injury committed by an insured whose business is:
(1) Advertising, broadcasting, publishing, or telecasting; (2) Designing or determining the content of websites for others; or (3) An Internet search, access, content, or service provider.

However, this exclusion does not apply to Paragraph 29. a, b., and c. of personal and advertising injury under SECTION V - DEFINITIONS.

For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing, or telecasting.
k. Electronic Chatrooms or Bulletin Boards
Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.
l. Unauthorized Use of Another's Name or Product
Personal and advertising injury arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers.
m. Pollution
Personal and advertising injury arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at any time. n. Pollution-related
Any loss, cost, or expense arising out of any:
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(1) Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. o. War
Personal and advertising injury, however, caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
p. Recording And Distribution of Material or Information in Violation of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(3) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or PCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
q. Asbestos
Personal and advertising injury arising from or based upon asbestos or asbestos-containing material. r. Lead
Personal and advertising injury arising from or based upon the toxic properties of lead or lead-containing products or materials.
s. Microbial Matter
Personal and advertising injury arising from or based upon microbial matter. t. Virus or Bacteria
Personal and advertising injury arising from or based upon any virus or bacteria. u. Communicable Disease
Personal and advertising injury arising from or based upon the actual or alleged transmission of a communicable disease.

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Personal and advertising injury for which insurance is afforded under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, or G – PROFESSIONAL LIABILITY of this Policy or for which insurance is afforded under another Commercial General Liability, Pollution Liability, or Professional Liability policy issued to you by us or an affiliate of us, including, but not limited to, insurance provided for the defense of any claim or suit alleging personal and advertising injury.
x. Employment-Related Practices
Personal and advertising injury to a person arising out of any:
(1) Refusal to employ that person;
(2) Termination of that person’s employment; or
(3) Employment-related practices, policies, acts, or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person; or the spouse, child, parent, brother or sister of the person as a consequence of bodily injury to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is directed.

This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (1), (2), or (3) above occurs before employment, during employment, or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
y. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, or any other type of nonpublic information.

This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information.
z. Sexual Abuse or Molestation
Any liability arising out of:
(1) The actual, threatened, or alleged:
(a) sexual abuse;
(b) sexual molestation;
(c) sexual assault;
(d) sexual victimization;
(e) physical abuse;
(f) physical assault; or
(g) coercion to engage in sexual activities;
of any person by any employee, assistant, volunteer worker or member of any insured; (2) Any injury resulting from the actual, threatened, or alleged acts listed in subparagraphs (1) (a) through (1) (g) above; or
(3) The negligent employment; investigation; supervision; reporting to the proper authorities, or failure to so report, or retention, of any employee, assistant, volunteer worker or member of any insured whose conduct would be excluded by subparagraph (1) above.

COVERAGE C - MEDICAL PAYMENTS

1. Insuring Agreement
a. We will pay medical expenses as described below for bodily injury caused by an accident:
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(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the coverage territory and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, X-ray, and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing, and funeral services.

2. Exclusions
We will not pay expenses for bodily injury:
a. Any Insured
To any insured, except volunteer workers.
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers’ Compensation and Similar Laws
To a person, whether or not an employee of any insured, if benefits for the bodily injury are payable or must be provided under a workers' compensation or disability benefits law or similar law. e. Athletics Activities
To a person injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the products-completed operations hazard. g. Coverage A Exclusions
Excluded under Coverage A.

COVERAGE D – GENERAL POLLUTION LIABILITY

1. Insuring Agreements
a. We will pay loss that the insured becomes legally obligated to pay because of a claim for:
(1) Hostile Fire and Building Equipment Liability
(i) Bodily injury, property damage, or environmental damage caused by heat, smoke, or fumes from a hostile fire; or
(ii) Bodily injury sustained within a building and caused by smoke, fumes, vapor, or soot produced by or originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests. (2) Products Pollution and Exposure Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by your product, and included in the products-completed operations hazard; or 248
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(ii) Bodily injury or property damage caused by the ingestion, inhalation, or absorption of, or contact with, or exposure to, any fumes, dust, particles, vapors, liquids, or other substances that are or originate from your product, and included in the products-completed operations hazard. (3) Transported Cargo Pollution Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by cargo during transportation; or
(ii) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by misdelivery as a result of transportation of cargo. (4) Contractors Pollution Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by your work away from any location that is owned, rented, managed, or leased by the insured.
b. The insurance afforded under the Insuring Agreements of this COVERAGE D shall only apply if:
(1) The bodily injury, property damage, or environmental damage is caused by a pollution incident that takes place in the coverage territory; and
(2) The bodily injury, property damage, or environmental damage takes place during the policy period; and
(3) Prior to the policy period, no responsible manager knew that bodily injury, property damage, or environmental damage had occurred, in whole or in part. If such a responsible manager knew, prior to the policy period, that the bodily injury, property damage, or environmental damage occurred, then any continuation, change, or resumption of such bodily injury, property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period.
c. Bodily injury, property damage, or environmental damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any responsible manager, includes any continuation, change, or resumption of that bodily injury, property damage, or environmental damage after the end of the policy period.
d. Bodily injury, property damage, or environmental damage will be deemed to have been known to have occurred at the earliest time when any responsible manager:
(1) Reports all, or any part, of the bodily injury, property damage, or environmental damage to us or any other insurer;
(2) Receives a written or verbal demand or claim for loss because of the bodily injury, property damage, or environmental damage; or
(3) Becomes aware by any other means that bodily injury, property damage, or environmental damage has occurred or has begun to occur.
e. Damages because of bodily injury include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the bodily injury. f. We will have the right and duty to defend the insured against any claim for bodily injury, property damage, or environmental damage to which this insurance applies. We have the right to select legal counsel to defend the insured against any such claim. However, we will have no duty to defend the insured against any claim to which this insurance does not apply. We may, at our discretion, investigate any pollution incident and settle any claim that may result. But:
(1) The amount we will pay for loss is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when the applicable Limits of Insurance as described in SECTION III – LIMITS OF INSURANCE have been used up or tendered into court.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS.

COVERAGE E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY 249
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1. Insuring Agreements
a. Time Element Location Pollution Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution incident on, at, under, or migrating from a time element location, provided that:
(1) The insured establishes to our satisfaction that the pollution incident first commenced at an identifiable time and place during the policy period and is not a continuation or repetition of another incident or event;
(2) The insured discovers the pollution incident no later than twenty (20) days after it first commenced; (3) The pollution incident is reported to us, in writing, no later than eighty (80) days after it first commenced; and
(4) The pollution incident results in a claim for bodily injury, property damage, or environmental damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or within the sixty (60) day period immediately following the last day of the policy period.
b. Non-Owned Location Pollution Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury, property damage, or environmental damage resulting from a pollution incident on, at, under, or migrating from a non-owned location, provided that:
(1) The pollution incident commences on or after the retroactive date, if any; and (2) The pollution incident results in a claim for bodily injury, property damage, or environmental damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.

COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY

1. Insuring Agreements
a. Bodily Injury and Property Damage Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury or property damage resulting from a pollution incident on, at, under, or migrating from a scheduled location, provided that:
(1) The pollution incident commences on or after the retroactive date, if any; and (2) The pollution incident results in a claim for bodily injury or property damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable. b. On-Site Clean-up Costs Liability
We will pay cleanup costs and emergency response expense because of environmental damage resulting from a pollution incident on, at, or under the scheduled location provided that the pollution incident commences on or after the retroactive date, if any, and the:
(1) Pollution incident is first discovered during the policy period, and reported, in writing, to us and the appropriate governmental authority as required by environmental law, during the policy period; or (2) Pollution incident results in a claim for environmental damage on, at, or under a scheduled location, and the claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.

Our obligation to pay clean-up costs or emergency response expense under this paragraph b. does not include any clean-up costs or emergency response expense for the investigation, abatement, containment, treatment, removal, remediation, monitoring, or other activities conducted beyond the boundaries of a scheduled location, including any associated transportation and disposal activities, even if such costs are to avoid or mitigate a pollution incident on, at, or under a scheduled location. c. Off-Site Clean-up Costs Liability
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We will pay cleanup costs and emergency response expense because of environmental damage resulting from a pollution incident migrating from a scheduled location provided that the pollution incident commences on or after the retroactive date, if any, and the:
(1) Pollution incident is first discovered during the policy period, and reported, in writing, to us and the appropriate governmental authority as required by environmental law, during the policy period; or (2) Pollution incident results in a claim for environmental damage migrating from a scheduled location, and the claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.

Our obligation to pay clean-up costs or emergency response expense under this paragraph c. does not include any clean-up costs or emergency response expense for the investigation, abatement, containment, treatment, removal, remediation, monitoring, or other activities conducted on, at, or under a scheduled location, including any associated transportation and disposal activities, even if such costs are to avoid or mitigate a pollution incident migrating beyond the boundaries of a scheduled location.

COVERAGE G – PROFESSIONAL LIABILITY

1. Insuring Agreements
a. We will pay professional damages an insured becomes legally obligated to pay because of a claim resulting from an actual or alleged act, error, or omission in the rendering or failure to render professional services, provided that:
(1) The claim arises out of professional services rendered on or after the retroactive date, if any, and prior to the last day of the policy period; and
(2) The claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable. b. We will pay mitigation expense on behalf of the insured resulting from an act, error, or omission in professional services rendered by the insured, provided that:
(1) The professional services are rendered during the policy period or on or after the retroactive date, if any;
(2) The insured, during the policy period, provides us with immediate written notice of the act, error, or omission in professional services and the proposed mitigation action, if any, prior to incurring any mitigation expense; and
(3) All mitigation expense must be approved by us, in writing, prior to incurring any mitigation expense, and must not be afforded insurance under any other insuring agreement of the policy, including COVERAGE G, 1. a.

SECTION I – COVERAGES E, F, AND G – COMMON INSURING AGREEMENT

1. We will have the right and duty to defend the insured against any claim for bodily injury, property damage, environmental damage, or professional damages to which any of SECTION I – COVERAGES, COVERAGE E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY applies, by the payment of claim expense. We have the right to select legal counsel to defend the insured against any such claim. However, we will have no duty to defend the insured against any claim to which any of these coverages do not apply. We may, at our discretion, investigate any pollution incident or act, error or omission in the rendering or failure to render professional services, and settle any claim that may result.

But:
a. The amount we will pay for loss, cleanup-costs, emergency response expense, professional damages, mitigation expense, and any other amounts which may be afforded insurance under Coverages E, F, and G is limited as described in SECTION III – LIMITS OF INSURANCE; and b. Our right and duty to defend and continue to pay claim expense ends when the applicable Limit of Insurance as described in SECTION III – LIMITS OF INSURANCE has been used up or tendered into court.
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2. If a claim for bodily injury, property damage, environmental damage, professional damages, or discovery of pollution incident or act error or omission in the rendering or failure to render professional services, is reported to us during this policy period, then any and all subsequent claims or subsequent discoveries of pollution incidents or acts, errors or omissions in the rendering or failure to render professional services that result from the same, repeated, or continuous pollution incident or act, error or omission in the rendering or failure to render professional services reported to us during a continuous, uninterrupted renewal thereof issued by us to you providing substantially the same coverage, will be deemed to have been made during this policy period. All claims, arising from all such bodily injury, property damage, environmental damage or professional damages, or discoveries of pollution incidents or acts, errors, or omissions in the rendering or failure to render professional services shall be deemed to have arisen from one pollution incident or one act, error or omission in the rendering or failure to render professional services and shall be subject to the applicable Limits of Insurance of this policy.

3. Loss because of bodily injury includes loss claimed by any person or organization for the care, loss of services, or death resulting at any time from the bodily injury.

SECTION I – COVERAGES D, E, F, AND G – COMMON EXCLUSIONS Under SECTION I – COVERAGES – COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY, this insurance does not apply to claims, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, claim expense, or any other amount, injury, or damage for which insurance may be afforded under this policy:
a. Asbestos and Lead-Based Paint
Arising out of asbestos, asbestos-containing materials, or lead-based paint in, on, or applied to any building or other structure. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES:
(1) COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability;
(2) COVERAGES E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and FSCHEDULED LOCATION POLLUTION LIABILITY, for:
(a) A claim for bodily injury or property damage; or
(b) That portion of clean-up costs or emergency response expense for the remediation of soil, surface water, or groundwater that arises out of the inadvertent disturbance of asbestos or asbestos-containing materials or lead-based paint;
and
(3) COVERAGE G – PROFESSIONAL LIABILITY
b. Capital Improvement
Arising out of a pollution incident discovered, encountered, or identified, in whole or in part, in the course of performing, involving, or associated with a capital improvement at a scheduled location.

For the purpose of this exclusion, ‘capital improvement’ means any man-made change or alteration to any premises, site, or location including any activity undertaken to develop, renovate, repair, upgrade or improve such premises, site, or location, including but not limited to excavation, ditching, dredging, clearing, grading, drilling, boring, construction, demolition, dewatering or any other activity to develop, renovate, repair, upgrade or improve such premises, site or location.
c. Communicable Disease
Arising out of the actual or alleged transmission of a communicable disease.

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(4) Failure to report the disease to authorities.
d. Contractual Liability
Arising out of the insured’s assumption of liability in a contract or agreement.

This exclusion does not apply to liability:
(1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage, environmental damage or emergency response expense occurs subsequent to the execution of the contract or agreement. Solely with respect to the insurance afforded under SECTION I – COVERAGES - COVERAGES D - GENERAL POLLUTION LIABILITY, E - TIME-ELEMENT AND NONOWNED LOCATION POLLUTION LIABILITY, and F - SCHEDULED LOCATION POLLUTION LIABILITY, and for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be loss other than claim expense, provided:
(a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same insured contract; and
(b) Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. e. Criminal Fines, Penalties, and Assessments
Arising out of any criminal fine, criminal penalty, or criminal assessment. f. Damage to Conveyance
Arising out of property damage to any conveyance utilized during transportation. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability for claims made by thirdparty carriers for such property damage arising from the insured’s negligence. g. Damage to Property
Arising out of property damage to any property owned, leased, occupied by, or loaned to an insured including any costs or expenses incurred for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, or that is personal property in the care, custody or control of an insured. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability for real or personal property owned or leased by or in the care, custody, or control of your client.
h. Damage to Your Product
Arising out of property damage or environmental damage to your product arising out of it or any part of it after you have relinquished physical possession. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D. GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (2) Product Pollution and Exposure Liability.
i. Damage To Your Work
Arising out of any property damage or environmental damage to your work arising out of it or any part of it.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability, if the damaged work or the work out of which the loss arises was performed by your subcontractor. j. Discrimination
Arising out of any actual or alleged discrimination by an insured including but not limited to discrimination on the basis of race, creed, national origin, disability, age, marital status, sex, or sexual orientation unless a claim is based upon or arises out of the failure to make reasonable accommodations for a disability in violation of the American with Disabilities Act, 42. U.S.C. 112101, et seq., as amended. k. Dishonest Acts/Intentional Non-Compliance
Arising out of:
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(1) Any dishonest, fraudulent, criminal, intentional, or malicious act, error, or omission or those of a knowingly wrongful nature committed by or at the direction of any insured, however, this exclusion will not apply to an insured who did not commit, participate in or have knowledge of such conduct; or (2) Any intentional disregard of or deliberate, willful or dishonest non–compliance with any environmental law or any other statute, ordinance, regulation, order, judgment, decree, a notice of violation, instruction, or directive issued by or on behalf of any governmental body.

This exclusion does not apply to an insured’s non-compliance with any law or regulation based on: (i) an insured’s reasonable and good faith reliance upon the written advice of qualified outside counsel received in advance of such non-compliance; or (ii) the reasonable and good faith efforts to mitigate a pollution incident that results in emergence response expense provided coverage under the policy. l. Divested Property
Arising out of a pollution incident on, at, under, or migrating from a time-element location or scheduled location, where such pollution incident commenced after the time such location was sold, given away or abandoned by an insured, or was condemned.
m. Electronic Services
Arising out of any failure to prevent unauthorized access to or use of an electronic system or program, unless such unauthorized access arises out of any act, error, or omission in the rendering of or failure to render professional services by you.
n. Employer's Liability
Arising out of any bodily injury to:
(1) An employee of an insured if such bodily injury arises out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) To the spouse, child, parent, brother, sister, member of the household or any relation of such employee, including a leased worker and a temporary worker, who has a right to make a claim against an insured as a consequence of bodily injury described in paragraph (1) above.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability for liability assumed by the insured under an insured contract executed prior to the date such injury occurs as a result of your work for such contract.
o. Expected or Intended Injury or Damage
Arising out of any injury or damage that is expected or intended from the standpoint of a responsible manager. p. Failure to Maintain Insurance
Arising out of the actual or alleged failure to advise or require or failure to effect and maintain any policy of insurance, suretyship, or bond.
q. Faulty Workmanship
Arising out of the cost to repair or replace any faulty workmanship performed in whole or in part by any insured or anyone for whom any insured is legally responsible, including but not limited to faulty assembly, construction, erection, fabrication, installation, remediation, dismantling, excavation, or manufacturing.

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(1) Any claim made by any insured against any other person or entity that is also an insured under this Policy; or
(2) Any claim brought against any individual or entity or its subrogees or assignees:
(a) That wholly or partially owns or operates you;
(b) In which you have an ownership interest in excess of twenty-five percent (25%); (c) That is controlled or operated by you; or
(d) In which you are an officer or director.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability to a client of the named insured that the named insured has agreed by written contract to name as an additional insured on this policy but only with respect to loss caused by your work. s. Known Pollution
Arising out of a pollution incident that occurred, in whole or in part, prior to the first day of the policy period and was known by, or reported to, a responsible manager prior to the first day of the policy period. Any continuation, change or resumption of such pollution incident will be deemed to have been known by a responsible manager prior to the first day of the policy period.

This exclusion does not apply to:
(1) A pollution incident that is specifically identified and scheduled as an exception to this exclusion in a Scheduled Pollution Incident endorsement attached to this policy; or (2) Insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability and COVERAGE G – PROFESSIONAL LIABILITY.
t. Material Change in Use
Arising out of a change in the use of or operations at a scheduled location from that which you disclosed to us, in writing, prior to the first day of the policy period, where such change materially increases the likelihood or extent of a pollution incident, bodily injury, property damage, environmental damage, loss or claim, in relation to the disclosed use or operations, unless we consent to such change in writing. u. Nuclear
Arising out of any radioactive, toxic, or explosive properties of Source Materials, Special Nuclear Materials, or By-Product Materials as defined in the Atomic Energy Act and for which the United States Department of Energy or any other government authority or agency has indemnified the insured or for which the Price Anderson Act provides protection for the insured.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (1) Hostile Fire and Building Equipment Liability, (2) Products Pollution and Exposure Liability, and (3) Transported Cargo Pollution Liability, COVERAGE E -TIME- ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY.
v. Prior Claims or Incidents
Arising out of a claim, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, an actual or alleged wrongful act, error or omission in the rendering or the failure to render professional services, or other circumstances:
(1) Reported by you or on your behalf under any policy not issued by us or any entity affiliated with us prior to the first day of the policy period or the first day of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof; or
(2) Known by, or reported to, a responsible manager prior to the first day of the policy period or the first day of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof.

Any continuation, change or resumption of such claim, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, actual or alleged wrongful act, error or omission in the rendering or the failure to render professional services or other circumstances will be deemed to have been known by or reported to, a responsible manager prior to the first day of the policy period. 255
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w. Related Entities
Arising out of any claim by an entity or individual that:
(1) Is an affiliate of an insured;
(2) An insured controls, manages, operates, or holds more than twenty-five percent (25%) ownership interest in;
(3) Which controls, manages, operates, or holds more than a twenty-five percent (25%) ownership interest in an insured; or
(4) Is controlled or managed by an insured.
x. Trademark or Copyright Infringement
Arising out of any infringement, misappropriation, or violation of copyright, patent, service marks, trademarks, trade secrets, title, or other proprietary or licensing rights or intellectual property of any products, technologies, or services by any insured.
y. Transportation
Arising out of the ownership, maintenance, use, operation, entrustment to others, or loading or unloading of any auto, railcar, train, watercraft, or aircraft beyond the boundaries of a time-element location, non-owned location, or scheduled location, or beyond the boundaries of a job site where your work is performed by you or on your behalf. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D- GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a.(3) Transported Cargo Pollution Liability.
z. Underground Storage Tanks
Arising out of any underground storage tank. Except for SECTION I – COVERAGES – COVERAGE E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements a. Time Element Location Pollution Liability, this exclusion does not apply to an underground storage tank:
(1) Whose existence is not known by or reported to any responsible manager prior to the policy period; (2) That is scheduled onto this policy by endorsement;
(3) Which has been closed, abandoned in place, or removed prior to the commencement of the policy period in accordance with environmental law at the time of such closure, abandonment, or removal; or (4) That is an oil/water separator, stormwater collection system, or flow-through process tank located partially in the ground.
aa. War
Arising out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
bb. Warranty / Guarantee
Arising out of any express warranty or guarantee unless liability would have attached by law to the insured in the absence of such warranty or guarantee.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability and COVERAGE G – PROFESSIONAL LIABILITY for any warranty or guarantee by the insured that your work or the insured’s professional services are in conformity with the generally accepted standard of care or a legal obligation that would be applicable in the absence of such warranty or guarantee. cc. Waste Brokering Services
Arising out of any consultation and arrangement for the transportation, disposal, or treatment of waste or recyclable materials, products, or other materials.
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This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D -

GENERAL POLLUTION LIABILITY, COVERAGE E -TIME- ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, and COVERAGE G – PROFESSIONAL LIABILITY but only to the extent that such consultation and arrangement for waste or recyclable materials, products, or other materials is disclosed to us, in writing, as insured professional services in the application or supplemental materials in support of the application. dd. Waste Disposal
Arising out of a pollution incident on, at, under, or migrating from any location to which waste or recyclable materials, products, or other materials have been delivered beyond the boundaries of any site where your work is being performed.

This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE E - TIME ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, b. NonOwned Location Pollution Liability. ee. Workers’ Compensation and Similar Laws
Arising out of any obligation of the insured under workers’ compensation, disability benefits or unemployment compensation law, or any similar law.

SECTION I - COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS

1. We will pay, with respect to any claim we investigate or settle, or any suit against an insured we defend:
a. All expenses we incur.
b. Up to $1,000 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.
c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance.

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 for damages or claim for loss or suit, including actual loss of earnings up to $500 a day because of time off from work.
e. All court costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured.
f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

These payments will not reduce the limits of insurance.

Our right and duty to defend and continue to pay supplementary payments end we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; or (ii) the General Aggregate Limit has been used up or tendered into court.

2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met:
a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract;
d. The allegations in the suit and the information we know about the occurrence or pollution incident are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
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e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement, or defense of the suit; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the suit;
(c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related to the suit; and (b) Conduct and control the defense of the indemnitee in such a suit.

Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; (ii) the General Aggregate Limit has been used up or tendered into court; or (iii) the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met.

SECTION II – WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture, or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

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), or to your members (if you are a limited liability company); or
(b) For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph(1)(a) above; or (c) Arising out of his or her providing or failing to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage to property:
(a) Owned, occupied, or used by you; or
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(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy.

3. Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only: (i) until the ninetieth (90th) day after you acquire or form the organization or the last day of the policy period, whichever is earlier; (ii) provided that you give us written notification within ninety (90) days of the date of such acquisition or formation or before the last day of the policy period, whichever is earlier; and (iii) an additional premium to be charged at our discretion, determined by us, is paid when due;
b. SECTION I – COVERAGES, COVERAGES A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY do not apply to bodily injury, property damage, environmental damage, emergency response expense, professional damages or mitigation expense, or any other amounts for which insurance is afforded under those Coverages that occurred before you acquired or formed the organization; and
c. SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization.

4. a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage, or personal and advertising injury:
(1) Arising out of any occurrence or pollution incident that takes place after the equipment lease expires or you cease to be a tenant; or
(2) Arising out of structural alterations, new construction, or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver.

5. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage, or personal and advertising injury arising out of their financial control of you caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations.

SECTION III – LIMITS OF INSURANCE

1. The Limits of Insurance shown in Item 3. of the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or suits brought; or
c. Persons or organizations making claims or bringing suits.

2. The General Aggregate Limit is the most we will pay for the sum of:
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a. Damages under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of bodily injury or property damage included in the products-completed operations hazard;
b. Damages under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY;
c. Medical expenses under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS; d. Loss under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY, except loss because of bodily injury, property damage, or environmental damage included in the products-completed operations hazard; and e. Professional damages and mitigation expense under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY.

3. The Products-Completed Operations Aggregate Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages, and under COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (2) Products Pollution and Exposure Liability, and a. (4) Contractors Pollution Liability for loss because of bodily injury, property damage, and environmental damage included in the products-completed operations hazard.

4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Under Coverage B, all damages arising out of the same, related, repeated, or continuous offense are deemed to arise out of one offense.

5. Subject to Paragraph 2. or 3. above, whichever applies:
a. The Each Occurrence Limit is the most we will pay for the sum of:
(1) All damages under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and
(2) Medical expense under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS; because of all bodily injury and property damage arising out of any one occurrence provided, however, that subject to the foregoing, the Medical Expense Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS for the sum of all medical expenses because of bodily injury sustained by one person. Under Coverages A and C, all damages and medical expenses arising out of the same, related, repeated, or continuous occurrence are deemed to arise out of one occurrence.
b. (1) The Each Pollution Incident Limit shown for SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY is the most we will pay for the sum of all loss (including clean-up costs and emergency response expense) under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY because of all bodily injury, property damage, and environmental damage arising out of any one pollution incident. Under Coverages D, all loss (including clean-up costs and emergency response expense), or any combination thereof, arising out of the same, related, repeated, or continuous pollution incident are deemed to arise out of one pollution incident. (2) The Each Pollution Incident Limit shown for SECTION I – COVERAGES, COVERAGES E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY is the most we will pay for the sum of all loss (including cleanup costs and emergency response expense) under SECTION I – COVERAGES, COVERAGES E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY because of all bodily injury, property damage, and environmental damage arising out of any one pollution incident. Under Coverages E, and F, all loss (including clean-up costs and emergency response expense), or any combination thereof, arising out of the same, related, repeated, or continuous pollution incident are deemed to arise out of one pollution incident.
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c. The Each Act, Error, or Omission Limit is the most we will pay for the sum of all professional damages and mitigation expense, combined, under SECTION I - COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY because of all professional damages and mitigation expense arising out of any one act, error, or omission in the rendering or failure to render professional services provided, however, subject to the foregoing, the Mitigation Expense Limit is the most we will pay under SECTION I - COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY for the sum of all mitigation expense.

Under Coverage G, all professional damages and mitigation expense, or both combined, arising out of the same, related, repeated, or continuous acts, errors, or omissions in the rendering or the failure to render professional services are deemed to arise out of one act, error, or omission in the rendering or failure to render professional services.

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of property damage to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner.

7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS for all medical expenses because of bodily injury sustained by any one person.

8. The Limits of Insurance apply in excess of the Deductible amounts shown in Item 3. of the Declarations. The Deductible applies to all damages, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, or claim expense arising out of any one applicable occurrence, offense, pollution incident or act, error or omission in the rendering or failure to render professional services, regardless of the number of persons or organizations who sustain damages, loss, clean-up costs, emergency response expense, professional damages, mitigation expense or claim expense.

We may pay any part or all of the Deductible amount to effect a settlement of any claim, damages, loss, cleanup costs, emergency response expense, professional damages, mitigation expense or claim expense and upon notification to you, you shall promptly reimburse us for such part of the Deductible.

9. When we present a settlement offer to the insured that is acceptable to a claimant and within the applicable Limits of Insurance or Deductible, and the insured rejects the proposed settlement of the claim for the amount of the settlement offer, our duty to defend the claim shall end and the insured shall defend the claim at the insured’s own expense. In that event, our liability shall not exceed the amount of the settlement offer that was rejected by the insured, plus the amount of claim expense incurred up to and including the date of such rejection by the insured, less any outstanding Deductible amounts. For the purpose of this paragraph, rejection of the proposed settlement offer includes the insured’s failure to accept, in writing, the proposed settlement offer within five (5) calendar days of the insured’s receipt of such offer.

10. Subject to SECTION IV - CONDITIONS,12. Multiple Coverages, if the same claim, pollution incident, occurrence, offense, or act, error, or omission in the rendering or failure to render professional services results in coverage under more than one Insuring Agreement of this policy, only the highest Deductible under all Insuring Agreements applicable to the claim, pollution incident, occurrence, offense, or act, error or omission in the rendering or failure to render professional services shall apply.

SECTION IV – CONDITIONS

1. Assignment
This Policy may not be assigned without our prior written consent, which shall not be unreasonably withheld.

Assignment of interest under this Policy shall not bind us until our consent is endorsed thereon.

2. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve us of our obligations under this policy and shall not relieve an insured of its obligations under this policy.

3. Cancellation
a. The first Named Insured shown in Item 1. of the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. When such first Named Insured cancels this Policy, we will return premium to such first Named Insured on a short rate basis subject to the minimum earned premium, if any, shown in an endorsement to the policy.
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b. We may cancel this Policy by mailing or delivering to such first Named Insured written notice of cancellation at least:
(1) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium or your failure to reimburse us for any Deductible amount paid by us; or (2) Ninety (90) days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to such first Named Insured's last mailing address known to us. Notice of cancellation will state the effective date and hour of cancellation. The policy period will end on that date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

4. Changes
This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in Item 1. of the Declarations is authorized to make changes in the terms of this Policy with our written consent. This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy.

5. Currency
All reimbursement shall be made in United States currency at the rate of exchange prevailing on:
a. The date of judgment if a judgment is rendered;
b. The date of settlement if settlement is agreed upon with our written consent; or c. The date legal expenses are paid.

6. Duties In The Event of Occurrence, Offense, Claim, Suit, Pollution Incident or Act, Error, or Omission a. You must see to it that we are notified as soon as practicable of an occurrence, offense, pollution incident or act, error or omission in the rendering or failure to render professional services to which coverage under any of this insurance may apply. To the extent possible, notice should include:
(1) How, when, and where the occurrence, offense, pollution incident or act, error, or omission in the rendering or failure to render professional services took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence, offense, pollution incident or act, error or omission in the rendering, or failure to render professional services. b. If a claim is made or a suit is brought against any insured, you must:
(1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable.

You must see to it that we receive written notice of the claim or suit as soon as practicable. c. All notifications are to be made to the address shown in Item 1. of the Declarations or via email at [email protected].
d. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the claim or suit;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim, pollution incident, act, error, or omission in the rendering or failure to render professional services or defense against the suit; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury, damage, loss, or professional damages to which this insurance may also apply; and
(5) Update us regarding any requested information that is not available at the time of the request but subsequently becomes available.
e. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our prior consent, provided, however, this provision does not apply for emergency response expense for which you are entitled to recover under this policy. f. With respect to any pollution incident or environmental damage, the insured must:
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(1) Submit, for our approval, all proposed work plans prior to submittal to any regulatory agency or duly licensed scientist or engineer authorized by law to oversee the investigation and clean-up of a pollution incident;
(2) Submit, for our approval, any bid or contract regarding any investigation, removal, response or cleanup action or activity prior to the submission, execution, or issuance of such bid or contract; and (3) Forward progress reports in connection with any investigation, removal, response, or clean-up action or activity at reasonable intervals and always prior to submitting such reports to any regulatory agency or duly licensed scientist or engineer that is authorized by law to review and approve such reports.

This paragraph f. does not apply to any investigation, removal, response, or clean-up action or activity for which you are entitled to recover emergency response expense under this policy. g. If we are prohibited under applicable law from investigating, defending or settling any such claim, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. h. We have the right, but not the duty, to assume direct control of any clean-up, investigation, abatement, containment, treatment, removal, remediation, monitoring, or disposal activities to which this insurance applies. In the event we exercise such right, all amounts we incur which are loss, clean-up costs or emergency response expense, or any other amounts for which coverage may be afforded under this policy will reduce the applicable Deductible and Limit of Insurance according to SECTION III - LIMITS OF INSURANCE.

7. Economic and Trade Sanctions
If affording insurance under this Policy would be in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control (“OFAC”), then such insurance will be null and void.

8. Extended Reporting Periods – Coverages E - NON-OWNED LOCATION POLLUTION LIABILITY only, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY If this policy is canceled by the first Named Insured shown in Item 1. of the Declarations or not renewed, and such first Named Insured has not purchased or obtained other insurance to replace the insurance afforded by this policy, the following provisions apply under Coverages E - NON-OWNED LOCATION POLLUTION LIABILITY only, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY:
a. Automatic Extended Reporting Period
The insured is entitled to a ninety (90) day Automatic Extended Reporting Period, commencing on the date and at the time that the policy period ends. When the insured is entitled to the ninety (90) day Automatic Extended Reporting Period, the insured has the right to report to us, in writing, during this ninety (90) day Automatic Extended Reporting Period:
(1) A claim first made against the insured during the policy period; or (2) A claim first made against the insured during the ninety (90) day Automatic Extended Reporting Period, if such claim results from: (i) under SECTION I – COVERAGES, COVERAGE E - NON-OWNED LOCATION POLLUTION LIABILITY only, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY: a pollution incident first discovered and reported to us, in writing, during the policy period; or (ii) under SECTION I – COVERAGES, COVERAGE G - PROFESSIONAL LIABILITY: an act, error, or omission in the rendering or failure to render professional services first discovered and reported to us, in writing during the policy period.

When the ninety (90) day Automatic Extended Reporting Period applies, a claim reported to us, in writing, during this ninety (90) day period will be deemed to have been made on the last day of the policy period. b. Optional Extended Reporting Period
(1) The first Named Insured shown in Item 1. of the Declarations shall be entitled to purchase an Optional Extended Reporting Period of up to thirty-six (36) months, commencing on the date and at the time the policy period ends, provided that:
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(a) Within thirty (30) days of such cancellation or non-renewal, we receive written notice from such first Named Insured of its election to purchase an Optional Extended Reporting Period for a specific period of not more than thirty-six (36) months; and
(b) Such first Named Insured pays, prior to the commencement of the Optional Extended Reporting Period and in accordance with our payment terms, the additional premium charged by us, and upon payment, we will issue an endorsement providing for such Optional Extended Reporting Period. (2) The additional premium charged for the Optional Extended Reporting Period will not be more than two hundred (200%) percent of the total policy premium.
(3) When such first Named Insured is entitled to and purchases the Optional Extended Reporting Period, the insured has the right to report to us, in writing, during the specified Optional Extended Reporting Period, a claim first made against the insured during such Optional Extended Reporting Period, provided the claim results from a pollution incident or act, error or omission in the rendering or failure to render professional services first discovered and reported to us, in writing, during the policy period. Any claim so reported will be deemed to have been made on the last day of the policy period. c. If the Optional Extended Reporting Period is purchased by such first Named Insured in accordance with the preceding paragraphs, the Automatic Extended Reporting Period becomes a part of and is not in addition to, the purchased Optional Extended Reporting Period. d. When applicable, the Automatic Extended Reporting Period and Optional Extended Reporting Period do not operate to increase any limit of insurance under this policy, extend the policy period or change the scope of coverage provided.
e. For the purpose of this section, the quotation of different terms and conditions by us shall not be construed as a non-renewal of this policy.

9. Headings
The descriptions in the headings and sub-headings of this Policy are inserted solely for convenience and do not constitute any part of the terms or conditions of this Policy

10. Independent Counsel
In the event the insured is entitled by law to select independent counsel, the attorneys’ fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the claim or suit arose or is being defended.

Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claims or suits similar to the one pending against the insured, and to require such counsel have errors and omissions insurance coverage. As respect any such counsel, the insured agrees that counsel will timely respond to our requests for information regarding the claim or suit.

Furthermore, the insured may at any time, by the insured’s signed consent, freely and fully waive the right, if any, to select independent counsel.

11. Inspections and Surveys
a. At any time during normal business hours with reasonable advance written notice, we have the right to:
(1) Make inspections and surveys of and monitor and audit books, records, services, proper ties, and activities as far as they relate to the subject matter of this Policy; (2) Give you reports on the conditions we find; and
(3) Recommend changes.
b. We are not obligated to make any inspections, surveys, reports, or recommendations, and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public and we do not warrant that conditions:
(1) Are safe or healthful; or
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(2) Comply with laws, regulations, codes, or standards.

This applies not only to us but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, reports, or recommendations. c. We may modify, amend or delete any of the terms and conditions of this Policy, including the right to charge additional premium and the right to cancel, rescind or void this Policy, if any inspection or survey reveals any material risk, hazard or condition that was not previously disclosed by you in the Application or supplemental materials, or which deviates from the information disclosed in the Application or supplemental materials.

12. Multiple Coverages
A claim or suit, or part thereof, for which we have accepted coverage or coverage has been alleged or held to apply under one insuring agreement in this policy shall not be covered under any other insuring agreement in this policy.

13. Legal Action Against Us
No person or organization has a right under this Policy:
a. To join us as a party or otherwise bring us into a suit asking for damages or loss from an insured; or b. To sue us on this Policy unless there has been full compliance with all of its terms.

A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages or loss that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative.

14. Notice of Possible Claim Under SECTION I – COVERAGES, COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, AND COVERAGE G – PROFESSIONAL LIABILITY a. If during the policy period, the responsible manager first becomes aware of a possible claim under SECTION I – COVERAGES, COVERAGE F– SCHEDULED LOCATION POLLUTION LIABILITY, and COVERAGE G – PROFESSIONAL LIABILITY, the responsible manager must provide written notice to us during the policy period containing all the information required under paragraph b. below. Any possible claim that subsequently becomes a claim made against you and reported to us within five (5) years after the end of the policy period of this Policy or any continuous, uninterrupted renewal thereof shall be deemed to have been first made and reported during the policy period of this policy. Such claim shall be subject to the terms, conditions, and limits of coverage of the policy under which the possible claim was reported. b. It is a condition precedent to the coverage afforded by this Policy that written notice under paragraph a. above, contains all of the following information:
(1) The cause of the pollution incident or act, error, or omission in the performance of professional services;
(2) The scheduled location where the pollution incident took place or the location where the act, error, or omission took place;
(3) The bodily injury, property damage, environmental damage, emergency response expense, professional damages, or mitigation expense which has resulted or may result from such pollution incident or act, error or omission in the rendering or failure to render professional services; (4) The insured(s) which may be subject to the claim and any potential claimant(s); (5) All engineering information available on the pollution incident or act, error, or omission in the rendering or failure to render professional services, and any other information that we deem reasonably necessary; and
(6) The date and circumstances by which the insured first became aware of the possible claim.

15. Other Insurance
If other valid and collectible insurance is available to the insured for any injury, damage, loss, cost, or expense we cover under this Policy, our obligations are limited as follows:
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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. However, in the event that a written contract, agreement, or permit requires this insurance to be primary for any person or organization with whom you agreed to insure in an insured contract, we will not seek contribution from any other insurance issued to such person or organization.
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 Fire, Extended Coverage, Builders’ Risk, Installation Risk, or similar coverage for your work;
(ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(iii) That is insurance purchased by you 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; or (iv) If the damages or loss arises out of the maintenance or use of aircraft, autos, train, railcar or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY; or
(v) With respect to SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY; or
(vi) That is a project-specific insurance policy, contractor-controlled insurance program, ownercontrolled insurance program, consolidated (wrap-up) insurance program, or any other similar insurance or program.
(b) Any other primary insurance available to you covering liability for damages or loss arising out of the premises or operations, or the products-completed operations hazard, for which you have been added as an additional insured.
(2) When this insurance is excess, we will have no duty under SECTION I – COVERAGES, COVERAGES A, B, D, E, F, or G to defend the insured against any claim or suit if any other insurer has a duty to defend the insured against that claim or suit. If no other insurer defends, we will undertake to do so under COVERAGES A or B, but we will be entitled to the insured’s rights against all other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the damages, loss, or professional damages or any other amounts provided insurance under the policy, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the damages, loss, professional damages, or any other amounts provided insurance under the policy in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all the other insurance. (4) We will share the remaining damages, loss, professional damages or any other amounts provided insurance under the policy, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limit of Insurance shown in the Declarations.
c. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the damages or loss remains or the full amount of the damages has been paid, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

16. Premiums and Deductible
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The first Named Insured shown in Item 1. of the Declarations:
a. Is responsible for the payment of all premiums;
b. Will be the payee for any return premiums we pay; and c. Is responsible for the payment of all Deductibles.

17. Representations
a. By accepting this policy, you agree:
(1) The statements and information in the Application and other supplemental materials submitted to us are accurate and complete and are material to our underwriting of this policy; (2) The statements and information provided are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Misrepresentation, concealment, breach of a term or condition, or violation of any duty under this Policy by one insured shall not prejudice the interest of coverage for another insured under this Policy. Provided, however, that this condition shall not apply to any insured who is a parent, subsidiary, or affiliate of the first Named Insured.
c. The unintentional failure by you or any insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this Policy.

18. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought.

19. Service of Suit
In the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied World National Assurance Company, 199 Water Street, 24th Floor, New York, New York 10038 or his or her representative, and that in any suit instituted against us upon this Policy, we will abide by the final decision of such court or of any appellate court in the event of an appeal.

Further, pursuant to any statute of any state, territory, or district of the United States which makes provision, therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this Policy of insurance.

20. Transfer of Rights of Recovery Against Others to Us If the insured has the right to recover all or part of any payment we have made under this Policy, those rights are transferred to us. At our request, the insured will bring a suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization in a written contract or agreement prior to the occurrence, pollution incident, or act, error or omission in the rendering of or failure to render professional services that are the subject of the claim or suit against the insured, we waive any right of recovery we may have under this Policy against such person or organization.

21. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our prior written consent, which shall not be unreasonably withheld or delayed, except in the case of the death of an individual named insured.

If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having 267
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proper temporary custody of your property will have your rights and duties but only with respect to that property.

SECTION V – DEFINITIONS

1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products, or services for the purpose of attracting customers or supporters. For the purposes of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding websites, only that part of a website that is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement.

2. Auto means:
a. A land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.

However, auto does not include mobile equipment.

3. Bodily injury means physical injury, sickness, building-related illness, mental anguish, shock, or emotional distress, or disease sustained by a person, including death resulting from any of these.

4. Cargo means the insured’s goods, products, merchandise, supplies, or waste transported by the insured or by third-party carriers properly licensed to transport such goods, products, merchandise, supplies, or waste.

5. Claim means:
a. Under SECTION I – COVERAGES, COVERAGES A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and B – PERSONAL AND ADVERTISING INJURY LIABILITY a demand received by the insured alleging liability or responsibility on the part of the insured; and b. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY, a demand seeking a remedy and alleging liability or responsibility on the part of the insured; and
c. Under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY, a demand seeking a remedy and alleging liability or responsibility on the part of the insured.

6. Claim expense under SECTION I – COVERAGES, COVERAGES E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F - SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY means reasonable and necessary fees and expenses authorized by us and incurred in the investigation and defense of a claim for any applicable bodily injury, property damage, environmental damage, or professional damages to which any of the coverage provided by this insurance applies. Claim expense does not include any fees for counsel retained by the insured without our written consent, any cost or charge incurred by the insured in assisting in the investigation or defense of a claim, including salaries and wages of the insured’s in-house counsel or other employee, or any mitigation expense.

7. Clean-up costs mean reasonable and necessary expenses (including restoration costs and legal expenses), incurred with our prior written consent, which consent shall not be unreasonably withheld or delayed, to investigate, abate, contain, treat, remove, remediate, monitor, or dispose of soil, surface water, groundwater or other contaminated media, but only:
a. To the extent required by environmental law; or
b. For those costs that have been incurred by the government or any political subdivision of the United States of America (including its territories and possessions), Puerto Rico, and Canada for which you are legally liable; or
c. With respect to Legionella pneumophilia and microbial matter, in the absence of a. or b. above, to the extent recommended by an environmental professional.

Clean-up costs do not include emergency response expense or costs, charges, or expenses for goods or services of an insured or its parent, subsidiary, or affiliate. 268
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8. Conveyance means any auto, railcar, train, watercraft, or aircraft. Conveyance does not include pipelines.

9. Coverage territory means:
a. Anywhere in the world, provided the insured’s responsibility to pay damages or loss for bodily injury, property damage or environmental damage, cleanup costs, emergency response expense, professional damages, or any other amount, injury, or damage for which coverage may be afforded under this policy is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico, Canada or the Gulf of Mexico; or b. The United States of America (including its territories and possessions), Puerto Rico, Canada, or the Gulf of Mexico, if the insured’s responsibility to pay damages or loss for bodily injury, property damage or environmental damage, cleanup costs, emergency response expense, professional damages, or any other amount, injury or damage for which coverage may be afforded under this policy Is not determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico, Canada or the Gulf of Mexico
We assume no responsibility for furnishing certificates or evidence of insurance or bonds, and we will not be liable for any fine or penalty imposed on you for failing to comply with insurance laws.

10. Emergency response expense means reasonable and necessary costs, charges, or expenses which qualify as cleanup-costs incurred by you: (a) on an emergency basis, to remediate a pollution incident that is an imminent and substantial threat to human health or the environment; and (b) for the period of no more than seven (7) consecutive days beginning on the day that the pollution incident was first discovered. Such emergency response expense does not include any profit element of any insured.

11. Employee includes a leased worker and a temporary worker.

12. Environmental damage means contamination of the soil, soil vapor, the atmosphere, any watercourse or body of water (including groundwater) or plant or non-human animal life, buildings, or other structures that result in clean-up costs, and under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability and a. (4) Contractors Pollution Liability, and under COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, also that may result in emergency response expense.

13. Environmental law means any federal, state, provincial, municipal, or other local law, statute, ordinance, rule, guidance document, regulation, administrative order, and directive and all amendments thereto, including state voluntary clean-up or risk-based corrective action guidance, related to environmental damage.

14. Environmental professional means an individual approved and designated by us in writing who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both, who meet minimum qualifications, and who maintain specified levels of errors and omissions insurance coverage acceptable to us.

15. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document.

16. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.

17. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because:
a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment, or removal of your product or your work or your fulfilling the terms of the contract or agreement.

18. Insured contract means the following:
a. With regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE D – GENERAL POLLUTION LIABILITY, insured contract means:
(1) A contract for a lease of premises. However, that portion of the contract for a lease of premises excess of thirty (30) consecutive days that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract;
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(2) A sidetrack agreement;
(3) Any easement or license agreement;
(4) An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
(5) An elevator maintenance agreement;
(6) 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 environmental damage to a third person or organization, provided that such written agreement is signed by you prior to the discovery of the bodily injury, property damage or environmental damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph (6) does not include that part of any contract or agreement:
(i) 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
(ii) 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 (i) above and supervisory, inspection, architectural or engineering activities. b. With regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, insured contract means that part of any written contract or agreement, that is scheduled as an Insured Contract by endorsement attached to the policy, under which you assume the tort liability of another party to pay for bodily injury, property damage, or environmental damage to a third person or organization, provided that such written contract or agreement is signed by you prior to the discovery of the bodily injury, property damage, or environmental damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

19. Leased worker means a person leased to you by a labor leasing firm under an 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.

20. Loading or unloading means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto a conveyance; b. While it is in or on a conveyance; or
c. While it is being moved from a conveyance to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the conveyance.

21. Loss means:

Solely with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY and F – SCHEDULED LOCATION POLLUTION LIABILITY:
a. Monetary awards or settlements of compensatory damages for bodily injury, property damage, or environmental damage and where allowable by law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments for bodily injury or property damage; b. Monetary judgments, award or settlement for medical monitoring costs and environmental monitoring costs, provided that such monitoring is the result of physical bodily injury for which you are determined to be legally liable;
c. Clean-up costs provided, however, that lossdoes not include clean-up costs with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE F - SCHEDULED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, a. Bodily Injury and Property Damage Liability; 270
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d. Claim Expense solely with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY and FSCHEDULED LOCATION POLLUTION LIABILITY; and e. Emergency response expense solely with regard to the insurance afforded under SECTION I COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability and a. (4) Contractors Pollution Liability, and under COVERAGE F- SCHEDULED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, b. OnSite Clean-up Costs Liability and c. Off-Site Clean-up Costs Liability.

22. Microbial matter means any organism of the kingdom Fungi including spores and mycotoxins released by such organism and Legionella pneumophilia, whether or not such microbial matter is living.

23. Misdelivery means the delivery of any cargo that is liquid product into a wrong receptacle or to a wrong address or the erroneous delivery of one liquid product for another.

24. Mitigation expense means the cost and expense incurred by the insured in connection with an act, error or omission in the rendering or failure to render professional services prior to claim made or suit brought against the insured:
a. That is deemed by us to be reasonable and necessary to prevent professional damages; and b. That reduce or avoid the insured’s potential liability to third parties for professional damages covered under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY of the Policy; and c. That includes, but is not limited to, third-party consultation regarding disputed design flaws, additional reviews and inspections, forensic analysis of designs, and any other costs to remedy the deficiency; and d. Which in our sole discretion will prevent a future claim or suit.

Mitigation expense does not include: overhead, markup, profit, consequential damages, or cost or expense incurred by the insured for materials supplied or services performed by the insured, unless such costs, charges, or expenses are incurred with our prior written consent.

25. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers, or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers, or rollers; e. Vehicles not described in Paragraphs a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraphs 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 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;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
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(3) Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well servicing equipment.

However, mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.

26. Natural resource damage means physical injury to or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), any state, local or provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe.

27. Non-owned location means:
a. Any location that is scheduled in a Non-Owned Locations endorsement attached to this policy; or b. For any location other than a location scheduled in a Non-Owned Locations endorsement attached to this policy, non–owned location means any location:
(1) That is situated within the United States of America (its territories or possessions) or Canada; (2) That was not at any time owned, occupied, operated, managed, or leased by an insured or an affiliate of an insured;
And provided further, for each location described in paragraphs a. and b. above, such location must also be either:
(1) A location or warehouse utilized for the storage or distribution of your goods or your product for a period not exceeding ninety (90) consecutive days and is not a location of a purchaser or user of your product; or
(2) A treatment, storage, or disposal facility utilized by or on behalf of you for waste or recyclable material generated from work or operations on or at a time-element location or scheduled location, from your work, or from your product provided that:
(a) Such location is properly licensed to accept and dispose of such waste or recyclable materials and is in compliance with all applicable environmental law at the time such waste or recyclable materials were sent to such location; and
(b) Prior to the latter of the time waste or recyclable material was first sent to such location by the insured or on their behalf, and on the first day of the policy period, such location or any part thereof, was not subject to:
(i) A Federal information request under Section 104 (e) of the Comprehensive, Environmental Response Compensation and Liability Act or Section 3007 (a) of the Resource Conservation and Recovery Act, or a state or local equivalent request; (ii) A consent order, consent decree, or corrective action under environmental law, (iii) Being listed or proposed to be listed on the federal National Priorities List (NPL) or any state or local equivalent;
(iv) Current or pending remedial activities required by the laws of Canada or the Province of such location, if the location is situated in Canada; and
(iv) Bankruptcy or financial insolvency and is not owned or operated by a bankrupt or financially insolvent person or entity.

28. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.

29. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses:
a. False arrest, detention, or imprisonment;
b. Malicious prosecution;
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c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; e. Oral or written publication, in any manner, of material that violates a person's right to privacy; f. The use of another's advertising idea in your advertisement; or g. Infringing upon another's copyright, trade dress, or slogan in your advertisement.

30. Policy Period means the period of time stated in Item 2. of the Declarations however, if the policy is canceled in accordance with SECTION IV – CONDITIONS, 3. Cancellation, the policy period ends on the effective date of such cancellation.

31. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarbons, low-level radioactive material and waste, medical or infectious or pathological waste, waste materials, electromagnetic fields, Legionella pneumophilia, and microbial matter.

32. Pollution incident means:
a. The discharge, emission, seepage, migration, dispersal, release, or escape of any pollutants into or upon the land, or any structure on land, the atmosphere including indoor air, or any watercourse or body of water including groundwater, provided such conditions are not naturally present in the environment in the concentration or amounts discovered;
b. The presence of microbial matter on, at, or within buildings or structures; and c. The presence of pollutants, whether contained or uncontained, that have been illegally disposed of or abandoned at a time-element location or scheduled location, by parties other than an insured, provided such disposal or abandonment is unknown to any insured.

33. Possible claim means:
a. under SECTION I – COVERAGES, COVERAGE F- SCHEDULED LOCATION POLLUTION LIABILITY: a pollution incident that you first discover during the policy period that you reasonably expect may result in a claim; or
b. under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY: an act, error, or omission in the rendering or the failure to render professional services that you first discover during the policy period that you reasonably expect may result in a claim.

34. Products-completed operations hazard:
a. Includes all bodily injury, property damage, or environmental damage occurring away from premises you own or rent and arising out of your product or your work except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed; (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site;
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.

Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed.
b. Does not include bodily injury, property damage, or environmental damage arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment, or abandoned or unused materials.

35. Professional damages means:
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a. Monetary judgment, awards, or settlement of compensatory damages; b. Punitive, exemplary, or multiplied damages for which the insured is legally liable but only where insurance coverage for such fines and penalties is allowable by law; c. Civil fines or penalties assessed against a third party other than the insured for which the insured is legally liable but only where insurance coverage for such fines and penalties is allowable by law; d. Civil fines or penalties assessed against the insured but only where insurance coverage for such fines and penalties is allowable by law; and
e. Claim expense associated with items a. through d. above.

Professional damages does not include: (1) Injunctive or equitable relief; (2) The return or offset of fees charges, or commissions for services rendered or contracted to be provided; (3) Costs and expenses incurred by the insured to redo, change, supplement or fix the insured’s work or services, including redesign; (4) Any of the insured’s overhead, mark-up or profit; (5) Consequential damages; or (6) Liquidated damages.

36. Professional services means those services and activities performed for a fee by you or those acting on your behalf, including but not limited to, architect, engineer, consultant, inspector, technician and surveyor services that you or those acting on your behalf are qualified to perform for others and consistent with your corporate statements of professional qualifications or specifically defined by endorsement attached to the policy.

Professional services include ordinary technology services provided for others in the course of rendering professional services described above. Such technology services include the design, development, programming, analysis, training, use, hosting, management, support, and maintenance of any building information management, software, database, internet service, or website including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

37. Property damage means:
a. Physical injury to or destruction of tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY, this paragraph a., includes the diminished value of the tangible property that is physically injured;
b. Loss of use of tangible property that is not physically injured or destroyed arising out of physical injury to or destruction of other tangible property. All such loss of use shall be deemed to occur at the time of the applicable occurrence, pollution incident or act, error or omission in the rendering or failure to render professional services that caused it; and
c. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E– TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY, property damage includes natural resource damage.

Property damage does not include environmental damage.

For the purposes of this insurance, electronic data is not tangible property.

As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

38. Responsible manager means you, your manager or supervisor responsible for environmental affairs, control or compliance, or any other employee authorized by you to give or receive notice of a pollution incident or claim.

39. Restoration costs mean reasonable and necessary expenses incurred by you with our written consent to repair or replace damaged real or personal property when such damage occurs because of clean-up costs to which this insurance applies. Restoration costs shall not exceed the replacement cost of such real or personal property. If repair or replacement results in kind or quality exceeding that of the real or personal property before it was damaged, whether at your option or not, we will not pay for the amount of the betterment. 274
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40. Retroactive date means the date indicated in ITEM 5. of the Declarations or on an endorsement attached to this policy, if any, applicable to a specified coverage. If the term “NONE” appears with respect to a retroactive date then a retroactive date shall not be applicable. If no entry appears, then the retroactive date is the first day of the policy period.

41. Scheduled location means a location listed on the Scheduled Locations endorsement attached to this Policy.

42. Suit means a civil proceeding in which damages or loss because of bodily injury, property damage, personal and advertising injury, or environmental damage to which this insurance applies are alleged or in which professional damages because of an act, error, or omission in the rendering or failure to render professional services are alleged. Suit includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

43. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions.

44. Time-element location means a location that is:
a. Owned or occupied by or rented or leased to you;
b. Not also considered a non-owned location or scheduled location; and provided that coverage for environmental damage is only afforded for a time-element location situated within the United States of America (its territories or possessions) or Canada.

45. Transportation means the movement of cargo beyond the boundaries of a location owned or occupied by or rented, or leased to you, including loading or unloading of cargo in a conveyance by the insured or a thirdparty carrier properly licensed to transport such cargo from the time of movement from the point of origin until delivery to the final destination. Transportation includes the movement, including loading or unloading, of cargo into, onto, or from a conveyance but no longer applies when the cargo is off-loaded from the conveyance.

46. Underground storage tank means any tank that has at least ten (10) percent of its volume below ground at the inception of the policy period, or installed thereafter including associated underground piping connected to the tank. An underground storage tank does not include a storage tank situated in an underground structure (such as a basement, cellar, mine shaft, or tunnel) if such storage tank is situated upon or above the surface of the floor and the entire surface areas of the tank can be visually inspected.

47. Volunteer worker means a person who is not your employee, who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their work performed for you.

48. 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, or use 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.

49. Your work:
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a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts, or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and
(2) The providing of or failure to provide warnings or instructions. 276
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Endorsement No: 15
This endorsement, effective: November 30, 2024
(at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations)
forms a part of Policy No: 0311-5936
Issued to: Holloway Environmental, LLC
by: Allied World National Assurance Company
PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION

SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Any organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage.

Solely with respect to the insurance afforded under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, it is agreed that the following is added to SECTION IV – CONDITIONS, 15. Other Insurance:

Primary and Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured shown in the Schedule under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

All other terms and conditions of this policy remain unchanged.

By:

Joseph Cellura
Title: President, North American Casualty Division
Date: January 3, 3024
277
Third Coast Insurance Company - RSTUM
POLICY NUMBER: COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s): As required by written contract so long as the contract was entered into prior to the date of loss.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 TC-CRO001661-24
Holloway Logistics, LLC
11/30/2024
278
TC-CRO001560-23
11/30/2023
Third Coast Insurance Company - RSTUM
POLICY NUMBER:

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Holloway Logistics, LLC

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph of Section -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph of Section - Covered Autos
Coverages of the Auto Dealers Coverage Form.
© Insurance Services Office, Inc., 2011 279
City of Soledad – Water Reclamation Facility
Biosolids Disposal Alternatives
`
FINAL | O c t o b e r 2024
280
City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES | FINAL |October 2024 | i
Contents

1.0 Purpose 5

2.0 Introduction 5

2.1 Service Area Background / Overview 5

2.2.1 Previous Plant Configuration 6

2.2.2 New Plant Configuration 6

3.0 Sludge Process 8

3.1 Continue Existing Sludge Drying Practice 10

3.2 Direct Haul Thickened Sludge to Compost Facility 10

4.0 Conclusions and Recommendations 11
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City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES | FINAL |October 2024 | i
Tables
Table 1 Historical Sludge Quantities Hauled
Table 2 Existing Sludge Process Versus Direct Hauling
Figures
Figure 1 New Plant Configuration
Figure 2 Solids Process Diagram
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City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES | FINAL |October 2024 | i
Abbreviations
AAF annual average flow
ft feet
City City of Soledad
mgd million gallons per day
O&M operation and maintenance
ppd pounds per day
psf/yr pounds per square feet per year
RAS return activated sludge
sq ft square feet
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FINAL|October 2024 | 5
City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES |

1.0 Purpose
The purpose of this Technical Memorandum is to present an alternatives analysis for existing biosolids management and disposal versus the direct disposal of sludge generated right at the existing dewatering facilities. With a recent dramatic increase in solids disposal costs at the local landfill and the current need to replace all the solids handling equipment (due to age and condition), a solids disposal alternatives analysis study was viable at this juncture.

2.0 Introduction

2.1 Service Area Background / Overview
The City of Soledad is a city in Monterey County, California with a population of approximately 25,000. The City incorporated in 1921 and it is in the Salinas Valley approximately 21 miles southeast of Salinas. The City provides water, sewer, garbage, graffiti abatement and street lighting services to the residents of Soledad. The City owns and operates a water reclamation facility (WRF) that serves the City, the Soledad State Correctional Training Facility and Salinas Valley Prisons, a winery belonging to The Wine Group, and a Dole Food processing facility. The facility currently receives wastewater, treats, and disposal of approximately 3.5 million gallons per day (mgd). The wastewater treatment plant was constructed in 2010 and consists of an extended aeration activated sludge treatment plant (capable of denitrification). Final effluent is discharged to the former percolation ponds. Biosolids generated through the activated sludge process is dewatered to approximately 15 percent solids and then truck transported to adjacent drying beds for further solar and wind drying/dewatering. The dried sludge is ultimately hauled away, to a local landfill, at approximately 90+ percent solids.

2.1.1 Previous Plant Configuration
Prior to 2010, the City of Soledad consisted of headworks and a series of facultative/oxidation, aerated and percolation/evaporation ponds. The largest influent pond included mechanical surface aerators (electrically operated) for providing oxygen transfer. These series of primary treatment ponds, polishing ponds and infiltration ponds encompassed 164 acres. Below is the WRF Facility aerial prior to 2009.
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City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES | New Plant Configuration
In 2010, The City of Soledad upgraded the 3.0 mgd aerated lagoons-percolation and evaporation ponds system to a 5.5. million gallons per day (mgd) biological nutrient removal facility with tertiary filtration and disinfection. Most sewage is transferred to the plant via gravity sewers mains with the exception of the California Department of Correction which pumps prison sewage flow just upstream of the WRF. Although the city retained all 164 acres, the new Water Reclamation Facilities (WRF) plant processes and administration building was built on approximately 12 acres. Separately, the City utilizes approximately 10 acres of ponds for solar/wind drying sludge generated in the thickening process. The City currently maintains 110 acres of effluent infiltration/evaporation disposal ponds for final effluent disposal.

The biological nutrient removal process with clarifiers is capable of denitrifying the influent wastewater nitrogen. A portion of treated, settled flow is returned (returned activated sludge-RAS) to the head of the aeration basin and a smaller portion is periodically wasted to sludge stabilization basins. These basins also receive both septic tank waste and chemical toilet waste for the region. The sludge stabilization basins include intense aeration and serve as a WAS thickening basin for feeding the Screw Presses. WAS (waste activated sludge) is a previously viable biological component of the treatment process; where once reaching a certain inventory index, must be removed from the process.

3.0 Sludge Process
As mentioned in the previous section, the Soledad WRF consists of an Extended Aeration Activated Sludge Plant capable of denitrification. The solids process consists of waste activated sludge pumping, two sludge stabilization basins, feed pumps to the screw presses, two screw presses, sludge conveyor belts, transfer dump truck, and 10 acres of solar sludge beds for final drying. The solids process flow diagram is shown in Figure 2 below.

Figure 2 City of Soledad Solids Process Flow Diagram -
The solids wasted from the activated sludge process are pumping into the sludge stabilization basins for further treatment. The basins function as aerobic digesters with heavy surface aeration. Septic tank waste and chemical toilet waste, from the Monterey County region, are accepted at the plant and introduced directly to the sludge stabilization basins. Two sludge feed pumps pull treated liquid sludge from the basins and pump to the screw press flocculation tank; where it is paired up with a dewatering agent known as polymer. The screw press operation is essentially operated 24-yours per day seven days a week. The sludge is thickened from about 2-4 percent solids to approximately 15-16 percent solids. Once thickened, the sludge is loaded from the ground through use of a skip loader and delivered by dump truck onto designated drying bed. The solar dried sludge reaches +85 % solids content. Operations staff manage the sludge process as follows:
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City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES |

1. Monitor the screw press equipment operations and fix any breakdowns and disruptions

2. Manage the transfer of the thickened sludge to the drying beds by loading the dump truck with dewatered sludge (by use of a loader) and/or driving the dump truck to the sludge drying bed for dump.

3. Manage the drying operation thru development of rows of sludge periodic churning of the sludge with heavy “brown bear” equipment, and ultimately loading trucks for final sludge disposal. The sludge drying operation requires a minimum of 90 days of solar drying for meeting 503 regulations. The sludge drying and managing is typically longer.

4. Administration coordinates with a contract hauler to haul the dried sludge to the local Johnson Canyon Landfill. Administration also processes the landfill invoices for payment.

The amount of sludge hauled to a landfill varies from year to year. The sludge hauled between 2020 to 2023 is shown below.

Table 1 Historic Sludge Quantities Hauled
Year Estimated Quantity
Tons**
2020 730
2021 751
2022 953
2023 988
Total 3422
Average 856
‘** Tons of landfill weight tickets
Note: The 2022 and 2023 solids did not get as dry as the as 2020 and 2021 sludge. Therefore, more tons were hauled.

Managing the drying bed operation involves significant operators time and heavy equipment to be maintained. The City requested a sludge disposal alternatives analysis as a result of several concerns with the costs to continue the existing sludge drying operations including:

1. Regulations to Landfills restrict the disposal of organic biosolids. As a result, the local landfill costs to continue accepting the sludge increased significantly.

2. The equipment to manage the drying operation is at the end of its useful life and the WRF is at a point where the equipment needs to be replaced with new equipment. The heavy equipment includes 1) a skip loader with Aerator attachment, 2) larger caterpillar with aerator attachment (to comply with current exhaust requirements) and 3) 5 yard dump truck to transport sludge to the dying areas.
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City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES |

3. Diesel fuel costs continue to rise in California
As a result of the cost increase factors above for the City to continue the sludge disposal at the local land fill and the need to replace outdated major equipment, The City explored the costs of continuing the sludge management practices in comparison to direct disposal of thickened sludge right from the screw press to a licensed sludge facility. The disposal options that were explored and are summarized in the following sections include:

3.1 Continue existing Sludge drying practice
The existing sludge drying process is described above in Section 3.0. The process is labor intensive and requires the use of heavy equipment that must be properly maintained. Due to the age of existing heavy equipment, the City is at the point whereby most of the sludge handling equipment needs to be replaced. The equipment replacement costs are over a million dollars. The screw press thickening process operates continuously 24 hours per day, 7 days per week unless equipment is down for maintenance. Operations staff monitors the sludge production and periodically load the sludge onto a dump truck, transport and dump the sludge in the solar sludge drying beds, develop sludge wind rows with heavy equipment.

The older dried wind rows are periodically churned, by heavy equipment, to properly dry the entire volumes. Since there are numerous wind rows and any given time the operations staff devotes time to these efforts. As a part of this study, the existing process was evaluated in order to determine a cost comparison to direction hauling the thickened sludge described below. The annual costs for continued operations of sludge processing is calculated to be approximately $414,500 per year. Table 2 below shows the annual costs to continue the existing sludge processing for solar drying and hauling to local landfill.

3.2 Direct haul thickened sludge to compost facility
As an alternative to continue the sludge processing utilizing the solar drying beds, the option of direct haul to a compost facility was explored. This option would involve the dumping (or loading) of thickened sludge into 22 yard bins (supplied by composter). With the direct hauling of thickened sludge (at 14-15%), larger tons of sludge would be required to be hauled. There is more moisture in sludge at 14-15% than the solar dried sludge of 85% + solids. The licensed hauler would periodically deliver an empty sludge bin and haul away a full bin. The costs for hauling and disposal was approximately $61 to $90 per ton for Holloway Environmental and Synagro, respectively. For purposes of this study, a $65/ton was used for the analysis. HE indicated that they would work with local haulers for the loading and hauling of sludge. The annual costs for direct hauling of thickened solids and sludge to Holloway facility is calculated to be approximately $332,400 per year. Table 2 below shows the costs to direct haul to the Holloway Environmental facility in Lost Hills. 289
FINAL|October 2024 | 11
City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES | Table 2 Existing sludge process Versus Direct Hauling thickened sludge Existing Sludge Hauling
Operation
Annual Costs ($)
Direct Hauling Thickened
Sludge
A n n u a l C o s t ( $ )
$414,500 $ 332,400
Notes:

Holloway Environmental quoted a $60.14/ton hauling cost for 2023.

4.0 Conclusions and Recommendations
The City of Soledad will realize an annual savings of $82,100 should they decide to direct haul the thickened sludge to HE in Kern County. The savings is determined by comparing the costs between continued sludge handling operation (screw press thickening with further drying for reduction in moisture) and direct hauling of thickened sludge at 14-15% solids. The analysis assumed that the City would be hauling out 740 tons of dried sludge per year. This is the average of 2020 and 2021 sludge hauling values. With the existing sludge handling equipment for sludge transporting and solar/air drying operations at the end of its useful life, purchase and finance costs of new equipment is included in the analysis. The cost savings is highly dependent on the rising diesel fuel costs and the costs to direct haul at $65/ton. Should these variable costs change up or down, the cost analysis may need to be re-calculated. 290
FINAL|October 2024 | 12
City of Soledad Water Reclamation Facility| BIOSOLID DISPOSAL ALTERNATIVES |

APPENDIX
A – Thickening and Drying Operations - Existing
B – Thickening and Direct Haul
291
City of Soledad Appendix A
Existing Biosolids Disposal Management
Biosolids Disposal Alternative

1. 14% solids is dumped just south of the existing Screw Press Area

2. Sludge is loaded onto dump truck F650 (5 yds) and then hauled over to the sluge beds

3. Sludge is windrowed in Sludge beds and Aerated with large and small Brown Bears

4. Sludge is allowed to solar dry over 3 months to ~85%+ solids

5. Sludge is periodically hauled away to landfill by contract hauler

6. Sludge tipping fee is charged by Johnson Canyon Landfill (Salinas Valley Solids Waste Authority) Estimated Costs fo Existing Operations
Salary Annual Costs
Cost/Year Percent of FTE
Personel - Operators and Maintenace - Salary + Benefits $ 95,600.00 1.7 $ 162,520 Equip.Costs Equip Pymnt/Yr Maintenance/Yr
CAT D299 Skip Loader with Aerator Attachment $ 198,900 $ 27,100 $ 7,500 $ 34,600 CAT 9.3 Tier 4, 350HP, with 39Dx12 ft aerator (3950) $ 813,400 $ 110,800 $ 15,400 $ 126,200 Dump Truck - F650 dump truck $ 85,000 $ 11,600 $ 8,000 $ 19,600 Total Fuel Costs gal/month Gal/Year $/Gal Yearly Cost
130 1560 7 $ 10,920.00
Cost to Haul Sludge in 2022
Ave ( 20-21) $/Ton -
Kieth Day Trucking Tons Hauled 740 17 $ 12,580
Johnson Canyon Landfill Tipping Costs/Ton 740 65 $ 48,100 (at ~84% +solids) 82
Subtotal Costs $ 414,500 1.25
Notes:

Most Recent Landfill/Hauler costs $/Ton
Hauler Costs $ 16.38
Landfill Costs $ 64.75
Disposal Subtotal $ 81.13
Equipment Purchase Costs
Annual Finance
Cost for New Equipment Costs Payment
small Cat 299D $ 120,000.00 Web search..2020 CAT
Brown Br R31-10 Aerator for 299D $ 78,900.00 by BBC
subtotal $ 198,900.00 $ 27,100
Large CAT C9.3 Tier 4F 350HP diesel
Brown Br 3950 Aerator (39"Dx12ft)
subtotal $ 813,400.00 (BBC quote 1.22.21 x 1.15%) $ 111,000 F650 Dump Truck $ 85,000.00 (2022 MSRP = $68.8K) $ 11,600 Financing Payment of Equipment is calculated at 10 years payments @ 6.5 % interest Estimated Fuel Consumption, gal/month 130
Large Tractor (JOHN DEER..617R ) $ 225,000.00 by BBC
Brown Br PTOPA35E-10.5 $ 64,400.00 by BBC
subtotal $ 289,400.00 $ 39,400
292
City of Soledad Appendix B
Direct Biosolids Hauling at 15% solids
Biosolids Disposal Alternative

1. 14% solids is dumped just south of the existing Screw Press Area

2. Stockpile upto 22 yards for direct Hauling by Slude composting facility

3. Compost Facility is Holloway Environmental in Lost Hills, CA Salary Annual
Cost/Year % of FTE Costs
Operator - Salary + Benefits $ 95,600.00 0.3 $ 28,680
Annual Sludge to be Hauled 2022 Est Tons Compost $$ Costs to Haul (at ~85%) at 14% $$/ton per year
Tons and Hauling/tipping costs 740 4193.3 65 $ 272,567
Yearly Pymt Maint.

Loader - Cat 299D $ 16,400 8000 $ 24,400
Gal Gal/Year $/gal
Fuel Consumption 80 960 7 $ 6,720
Total Costs/Year $ 332,400
NOTE:

Equipment Purchase/Finance Costs
Annual Finance
Cost for New Equipment Costs Payment
Cat 299D $ 120,000.00 Web search..2020 CAT
subtotal $ 120,000.00 $ 16,400
F650 Dump Trk $ 85,000 F650 Dump truck $ 11,600
Financing Payment of Equipment is calculated at 10 years payments @ 6.5 % interest Estimated Fuel Consumption, gal/month 80
$/Ton
Synagro Composting-Haul and Tipping 90
Holloway Environmental - Haul and Tipping 61
Annual Sludge to be Hauled 2022 Est Tons Compost $$ Costs to Haul (at ~85%) Dry Tons at 14% $$/ton per year
Tons and Hauling/tipping costs 740 4933.3 4193.3 61 $ 255,793 293
SUBJECT: Resolution No. 6211, A Resolution of the City Council of the City of Soledad Approving and Accepting the 2024 General Plan and Housing Annual Progress Reports and Authorizing their Submittal to The State of California Department of Housing and Community Development and The Governor’s Office of Planning and Research
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Beatriz Trujillo, Community and Economic Development Director and Ariana Mora, Senior Planner
MEETING DATE: March 19, 2025

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council of the City of Soledad consider and adopt Resolution No6211, "Approving and Accepting The 2024 General Plan and Housing Annual Progress Report and Authorizing their Submittal to The State of California Department of Housing and Community Development and The Governor’s Office of Planning and Research." Executive Summary
Pursuant to California Government Code Sections 65400 and 65700 et seq, local planning agencies shall prepare and submit annual reports on the status of the General Plan and the Housing Element to show progress on implementation of these documents to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by the 1st of April each calendar year. These reports cover the 2005-2025 General Plan, which was adopted in 2005, and the 2023-2031 Housing Element, which was adopted in August 2024, and the implementation activities for both the General Plan and Housing Element during the 2024 calendar year. (Different reports containing information about the General Plan and/or the Housing Element are generated for submission to OPR and HCD.) The Planning Commission reviewed and approved these reports on February 20, 2025, and they will now be considered for approval by the City Council for submission to HCD and OPR prior to or by April 1, 2025.

Background
Since 1969, the State of California has required that all local government agencies adequately plan to meet the housing needs of everyone in their community. California’s local governments shall meet this requirement by adopting housing plans (aka housing elements) as part of their “general plan”. General 294
plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and shall include seven elements: land use, transportation, conservation, noise, open space, safety, and housing. Pursuant to Government Code Section 65400(b), California requires local jurisdictions/agencies to provide annual reports on the general plan and the housing element to their legislative body, the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD). All jurisdictions must provide OPR and HCD with a separate General Plan (GP) and Housing Element (HE) Annual Progress Reports (APR) by April 1 of each calendar year, as stated in Government Code Sections 65400 and 65700.

The General Plan and the Housing Element APRs are reports that provide information to the City’s legislative bodies and the State about the progress made in implementing the most recent General Plan and Housing Element. They also inform the public about the community's goals and how they are being met. The Planning Commission has reviewed and recommended the APRs for approval to the City Council. The Housing Element has its APR overseen by HCD and prepared by the Community and Economic Development Department – Housing Division. The Draft General Plan APR for 2024 is included as Exhibit “A” and the Draft Housing Element APR for 2024 is included as Exhibit “B”.

There is no standardized form or format for preparing the General Plan APR, nor does it require the incorporation of all General Plan Elements. The General Plan APR objective is to provide enough information for decision-makers to assess how the General Plan is being implemented during the reporting period and should help provide enough information to identify necessary “course adjustments” and/or modifications to the Plan and the means to improve local implementation.

Similarly, the Housing Element APR assesses and reports the strategies to address housing needs, affordability, and development. This collection of data encompasses information about proposed housing projects, details on approvals or permissions granted for housing development, records of authorized constriction and the number of housing units completed.

Review & Analysis
General Plan Annual Progress Report (APR) for 2024
This annual report provides information on the status and implementation of the General Plan in regard to housing and development. The four basic purposes of the annual report are as follows:

To provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies and implementation measures.

Provide information to identify necessary course adjustments or modifications to the General Plan as a means to improve implementation.

To provide a clear correlation between land use decisions made during the reporting period, and the goals, policies and implementation measures in the General Plan.

To provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

This 2024 Soledad General Plan APR provides local legislative bodies and the public with information about the implementation of the City's General Plan and progress in meeting the community’s goals.

The APR focuses on a 12-month reporting calendar year (2024), explaining how land use decisions relate to adopted goals, policies, and implementation measures of the 2005 General Plan and what the City of Soledad can improve or modify in its upcoming 2025 General Plan Update.

Some 2024 GENERAL PLAN Summary Highlights include:
295
Continued the 2045 General Plan Update called Siempre Soledad. It is expected that the General Plan Update for 2045 will be adopted towards the end of 2026.

Awarded $85,000 through REAP 2.0 to help accelerate housing production and facilitate compliance with the 6th Cycle Housing element. Work will be focused on Downtown Soledad.

Continued the Front Street Rehabilitation Project in Downtown Soledad by adding murals to enhance downtown vibrancy
Obtain an USDA Rural Administration Grant of $50,000 to go towards the development of the Shipping Container Village
Entered in partnership with the Monterey County Business Council (MCBC) to establish a Satellite Office for the Small Business Development Center (SBDC) in Soledad Worked to finalize a Purchase Sales Agreement between Agha Development to purchase a 4.56 Acre lot proposed to create 100 affordable housing units.

New Ladder Truck for CalFire/City of Soledad Fire Department New Commercial Development
Dutch Bros
Panda Express
Tractor Supply
Quick Quack Car Wash
Holiday Inn Hotel
Soledad Community Center Improvements
Traffic Management and Enforcement Engagement for the Soledad Active Transportation Plan Also includes the Safe Routes To School Plan
Launch of the MST Circulator Bus
Housing Element Annual Progress Report (APR) for 2024
The purpose of the Housing Element APR is to track and monitor progress in addressing the City’s housing needs, goals, and policies. HCD has specific reporting requirements for the Housing Element, which consists of a series of tables such as demonstrating and exhibiting the City’s progress in meeting its Regional Housing Needs Allocation (RHNA) numbers. These RHNA numbers are determined by HCD and then provided to the local regional area of government, Association of Monterey Bay Area Governments (AMBAG). AMBAG then determines the RHNA for the individual jurisdiction within its planning area. Table 1 provides the City’s RHNA summary for 2015 to 2022 cycle and the new 6th Cycle for the 2023-2031 reporting period.

Table 1. City of Soledad 2015-2022 Annual Progress Report Summary RHNA 5th Cycle Allocation Numbers
Income
Level
RHNA
Allocation
by Income
Level
2015 2016 2017 2018 2019 2020 2021 2022
Total
Units
(all
years)
Very Low 46 4 4
Low 30 6 15 21
Moderate 35 2 41 43
Above
Moderate
80 3 83 79 131 60 12 21 149 538
296
Resolution No. 6211
Total
RHNA
191
Total
Units
3 83 79 131 60 12 29 209 606
Table 2. City of Soledad 2023-2031 Annual Progress Report Summary RHNA 5th Cycle Allocation Numbers
Income Level RHNAAllocation
by Income Level
2023 2024 Total Units to Date
(all years)
Very Low 100 0
Low 65 6 6
Moderate 183 18 18
Above Moderate 376 99 82 181
Total RHNA 724
Total Units 123 205
Some 2024 Housing Element APR highlights include:

Building Permits Issued: 62 housing related building permits; of these building permits, 41 were for Accessory Dwelling Units (ADUs), 21were for Single-Family Dwelling Units, and 14 Single Family Dwelling Units.

Certificates of Occupancy: 82 units approved/finalized.

Homeownership of Inclusionary Housing Units: 14 affordable units from Las Viviendas project have been purchased by low- and moderate-income households.

Financial Considerations
No direct costs are associated with this item; nonetheless, failure to submit the report within sixty (60) days of the April 1st deadline could make the City ineligible for certain State grant programs.

Alternatives
Approve the resolution and report with modifications; or Reject the proposed resolution and reports
Planning/CEQA
The proposed reports are not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378). Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this is not a project. No environmental assessment is required.

Public Notice Requirements
None required
Attachment(s):
297
Exhibit A
Exhibit B
Attachment A
298
RESOLUTION NO. 6211

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING AND ACCEPTING THE 2024 GENERAL PLAN AND HOUSING

ANNUAL PROGRESS REPORTS AND AUTHORIZE ITS SUBMITTAL TO THE

STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR’S OFFICE OF PLANNING AND

RESEARCH
WHEREAS, the City of Soledad (City) adopted the General Plan in 2005 and the Housing Element in 2018; and
WHEREAS, Section 65400 (a) (2) of the California Government Code requires the City to provide an annual report addressing the status of the General Plan progress made toward implementing its goals and policies to the Governor’s Office of Planning and Research (OPR); and WHEREAS, Section 65400 of the California Government Code requires the City to provide an annual report on the jurisdiction’s status and progress in implementing its housing element using forms and definitions adopted by the California Department of Housing and Community Development (HCD)
WHEREAS, Staff has prepared the General Plan Annual Progress Report for the calendar year 2024 (GP APR) and Housing Element Annual Progress Report (HE APR) as stated pursuant to Gov Code 65400 et seq for submission to the HCD and OPR by April 1, 2025; and WHEREAS, the Planning Commission of the City of Soledad recommended approval for the 2024 General Plan Annual Progress Report and Housing Element Annual Progress Report on February 20, 2025, during a Special Meeting hereby accurately reflecting the City’s progress in implementing the 2005 General Plan and the 2023-2031 Housing Element; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Soledad accepts the 2024 General Plan Annual Progress Report provided as Exhibit “A” and the 2024 Housing Element Annual Progress Report provided as Exhibit “B” and authorize staff to forward the report to the State Department of Housing and Community Development pursuant to Government Code Section 65400(2).

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 19th day of March 2025 by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
299
ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
300
1 Exhibit A
301
2 Table of Contents

1. Introduction

2. Soledad General Plan and the Office of Planning and Research General Plan Guidelines

3. Current General Plan Implementation
a. Land Use Priorities
b. Economic Development Priorities
c. Housing Element Annual Reporting
d. Parks and Recreation Priorities
e. Circulation
For further information or clarification on any items in this General Plan Annual Progress Report, please contact:

City of Soledad Planning Division
248 Main St.

Soledad, CA 93960
P.O. Box 156
Soledad, CA 93960
(831) 223-5020
[email protected]
www.soledadgeneralplan2045.com
302
3 Introduction
The City of Soledad is located in the Central Valley of Monterey County along the State Highway 101 corridor. Unlike the Monterey Peninsula, Soledad and the surrounding Salinas Valley communities rely on agriculture and small industries as the backbone of their economy.

A regional shopping center is currently under construction at the southern end of the City. The Soledad Marketplace will offer approximately 114,356 square feet of retail space, featuring a variety of businesses. It is already home to Premiere Cinema, Grocery Outlet, and Dutch Bros, with a Tractor Supply store set to open soon. The center continues to expand, bringing in national retail brands.

Additionally, the Mission Soledad Shopping Center provides 60,000 square feet of retail space, anchored by FoodsCo and CVS.

Residential development in Soledad has grown significantly in recent years. During the first two years of the 6th Cycle Housing Element, approximately 205 housing units were constructed. Over the next eight years, an estimated 1,145 new residential
units are expected between 2024-2031. In 2024,
the City advanced the Miramonte Specific Plan
Area, a subdivision northeast of the City that will
accommodate approximately 568 residential units
as part of the 6th Cycle Housing Element.

As the City grows, Soledad remains committed to
preserving its surrounding agricultural lands,
promoting economic development, and
implementing regulations to ensure a safe and
thriving community. This Annual Progress Report
(APR) updates local legislative bodies and the
public on implementing Soledad’s General Plan. It
highlights the City's progress toward community goals and provides an overview of land use decisions over the 12-month reporting period for 2024. The report evaluates how these decisions align with the objectives, policies, and implementation measures outlined in the 2005 General Plan and identifies areas for improvement in the upcoming 2025 General Plan Update.

As required by the State, this General Plan Annual Progress Report has been adopted by the Soledad City Council on [insert date], through Resolution No. [resolution number]. 303
4 SOLEDAD GENERAL PLAN AND OPR GENERAL PLAN GUIDELINES
The City’s General Plan was last updated on September 21, 2005 and the new update is targeted to start this year in 2023. This would be completed and adopted by 2025. The City’s major expansion plans include additional land to be annexed for residential, commercial and industrial expansion covering a 30-year period. The 2005 Soledad General Plan involves the following elements:
• Land Use
• Housing (revised in 2019)
• Circulation
• Parks & Recreation
• Public Services and Facilities
• Economic Development
• Conservation
• Open Space
• Noise and Safety
Siempre Soledad 2045
Soledad is updating its General Plan by 2025 with a focus on economic development, environmental justice, air quality, and safety. It will also update other required elements like the Housing Element (2024-2032), Climate Change Vulnerability Assessment and Adaptation Strategy, Climate Action Plan, and a Program EIR. The OPR General Plan Guidelines will be followed to establish proper guidelines for the future of Soledad, considering social, economic, and environmental needs of the community. 304
5 CURRENT GENERAL PLAN IMPLEMENTATION
By State law, the General Plan must address nine (9) elements. The mandatory elements are Land Use, Open Space, Conservation, Housing, Environmental Justice, Circulation, Noise, Air Quality and Safety. Cities are also encouraged to adopt “optional” elements which reflect local issues. Those could include optional elements on Neighborhoods, Community Design, Economic Vitality, Infrastructure, Governance, Culture and Arts, Parks and Recreation, and Air and Water Quality. The Plan’s focus is on the physical environment, and most of its policies ultimately link to decisions about growth and development. Because the Plan has a 20-year horizon, it ensures that day-to-day decisions are made with a long-term perspective, taking into consideration the future of the City and its relationship to the region around it.

The City of Soledad and the 2005 General Plan includes:
• Land Use
• Housing (revised in 2019)
• Circulation
• Parks & Recreation
• Public Services and Facilities
• Economic Development
• Conservation
• Open Space
• Noise and Safety
Measures associated with the implementation of the General Plan elements will be discussed in this section. The policies and action items selected for this report had notable progress in 2023. The list of policies and action items is not a comprehensive list of all policies and action items in the General Plan; many policies/actions are under ongoing implementation and may not be listed here. Most of the General Plan policies and related action items have been implemented through the adoption of ordinances or resolutions, incorporated into the regular governmental activities of the applicable departments, or included in development proposals as they are reviewed for consistency with the City’s policies, the purpose of providing the policy implementations below is simply to streamline the review and highlight the annual progress efficiently. A comprehensive list of all General Plan policies can be seen in the City of Soledad 2005 General Plan.

For this report, the following elements will be highlighted:
• Land Use
• Economic Development
• Housing
• Conservation/Open Space
305
6 LAND USE PRIORITIES
According to the City of Soledad 2005 General Plan, Land Use Element Goals, Policies and Programs on page II-28, the City of Soledad aims to:

1. To provide effective standards for the location, amount rate, type, and quality of new development so that the local economy remains healthy, attractive residential neighborhoods can expand, the small-town character of the town is preserved, and the natural environment is protected.

2. To manage the growth of the town so that adequate facilities and services can be provided in pace with development

3. To maintain and support a healthy and diverse local economy that meets the present and future employment, shopping, recreational, public safety, and services needs of Soledad residents The City of Soledad 2005 General Plan, Chapter II, Land Use—Land Use Element Goals, Policies, and Programs, provides a comprehensive list of all general plan policies. 2005 Soledad General Plan
Land Use Goal: Refer to Land Use goals mentioned earlier in this section Goal/Action # Policy/Action City Implementation or
Status
General Policy L-1 (f) Execution of a Memorandum of
Understanding with Monterey
County formalizing the land use
management strategy for the City’s
sphere of influence embodied in the
terms listed a-e.

The City of Soledad's
Miramonte Specific Plan
Annexation, a significant
project covering 647 acres
northeast of the city, has
received conditional approval
after more than a decade of
effort. In late 2022, this
project was granted approval
from the Local Agency
Formation Commission
(LAFCO). The conditional
approval for the Miramonte
annexation is contingent
upon satisfactory agricultural
mitigation as determined by
LAFCO's Executive Officer.

In 2024, work continued on
the agricultural mitigation,
which requires the developer
to arrange a conservation
easement in Monterey
County at a 1:1 ratio for
every acre of agricultural
306
7 land converted to residential
use. Currently, the project is
being phased, with 192.2
acres out of the total 647
acres designated for
residential development set
aside for an agricultural
conservation easement. The
developer expects to fulfill
this requirement by the end
of 2025.

Additionally, the City is in the
process of formalizing the
Developer Agreement for the
Miramonte Specific Plan
Area, which is anticipated to
be reviewed by the City
Council in 2025.

General Policy L-5 New development shall not be
allowed unless adequate public
services are available to serve such
new development, or that can be
provided at the time of
development
The City of Soledad has been
working on residential infill
projects, ADU’s, SB9, new
SFD’s, and new commercial
development in the
Downtown Specific Plan
Area, that have gone through
extensive review to ensure
new development ensures
adequate public services.

Residential
Development
L-12
The City shall maintain an adequate
supply of land in appropriate
designations to accommodate
projected household growth,
maintain
affordability to moderate and below
moderate-income groups, and
maintain
acceptable vacancy rates.

In 2024, the City acquired a

4.6 acre lot on Gabilan Drive
for the future development
of affordable housing units.

The City partnered with nonprofit agencies such as Eden Housing and CHISPA to
secure property entitlements
for affordable housing units
in collaboration with private
developers.
307
8 Residential
Development L-15
The City shall require new
subdivided lots to be adequate in
size and shape for the range of
primary and accessory uses
designated for the area.

The City of Soledad received
three planning applications,
that includes subdivision of
residential lots. This comes
after the state
implementation of SB9,
where residential lots can be
subdivided to create more
than 2 residential units, an
effort to help reduce the
housing crisis.

Residential
Development L-18 &
L-19
L-18: The infill of existing residential
lots shall be encouraged
L-19: In general, higher densities of
residential development shall be
located in areas served by the
widest range of urban services, and
shall be preferred along collector
and arterial streets, within walking
distance of schools, city parks, and
transit stops.

The City of Soledad and the
Soledad Unified School
District worked together to
implement the School District
Housing project at 530
Monterey St., a site that is
currently owned by the City
of Soledad. This is a new 20
unit multifamily housing
project for District
employees. In 2022, the
project was granted a CUP to
have the density increased
and grant a density bonus in
effort to create the 20 units.

Moreover, this project is
located on Soledad St and
Monterey St. two major
streets that allow easy access
to public transportation,
parks, Main Street Middle
School and the Downtown
Area on Front St. The
building permit is anticipated
to be issued in 2025.

Soledad pre-approved ADU
plans- the city purchased
preapproved plans in
collaboration with the City of
King. These plans help
accelerate ADU development
and reduce design fees to
308
9 Soledad residents. Four (4)
permits were issued in 2024
that are using pre-approved
plans.

The City was awarded
$85,000
through REAP 2.0 to help
accelerate housing
production
and facilitate compliance
with
the 6th Cycle Housing
Element.

Projects will be prioritized in
Downtown Soledad to help
increase density and create
more housing opportunities.

Commercial
Development
L-21
New commercial development shall
be encouraged in Soledad near the
freeway interchanges with Highway
101. Limited new neighborhood
commercial development will be
allowed within areas designated
Expansion
Area, and/or at specified nodes to
provide for the everyday needs of
the
surrounding residential
neighborhoods.

Soledad Marketplace
currently houses Premiere
Cinemas, Grocery Outlet and
in 2024 Dutch Bros opened
and Tractor Supply received
planning approvals. The
building permit for Tractor
Supply has been issued and
construction is set to occur in
the Spring of 2025.

Other chain retail stores are
anticipated to join the
Marketplace, like Famous
Footwear and Five Below.

Panda Express is also close to
finishing, although it is not
part of the Marketplace, the
site is right across from the
shopping center. Panda
Express is currently in
construction and is set to
open mid-2025.

Commercial
Development
L-26
The Visitor-Serving sector of the
local economy shall be maintained
and expanded. New motels/hotels
In 2024, the City of Soledad
granted planning approvals
for a new Holiday Inn,
309
10 shall especially be encouraged in
areas within walking distance of the
downtown. Visitors to the nearby
Pinnacles National Monument offers
another potential market for visitorserving land uses. located in Los Coches Rd. The
Holiday Inn is a 4-story
building proposing 90 rooms.

The Downtown L-31 The Downtown area along Front St.
shall be developed into the physical
and social center of Soledad in
accordance with the vision captured
by the Downtown Specific
Plan/front Street Improvement Plan.

As outlying areas develop with
commercial business, the role of the
Downtown should be the focus of
community events and gatherings,
entertainment, and dining.

Pedestrian and bicycle access to the
downtown shall be improved.

In 2024, the Front Street
Maintenance Project
successfully reconstructed
the sidewalks, removed some
landscaping, and added art
installations along Front
Street. These efforts aim to
beautify and revitalize
Downtown Soledad to
enhance economic
development and improve
walkability as the Shipping
Container Village is still being
worked on. The Public Works
Department is leading the
Front Street Rehabilitation
project, which aims to
enhance the streetscape
surrounding the Container
Village and provide the
necessary utilities and
infrastructure for the project.

The City has received a
$50,000 USDA Rural
Administration Grant to fund
a feasibility study for the
Shipping Container Village.

The USDA grant will assess
the feasibility of the project,
including financing for
construction and
management.
310
11 ECONOMIC DEVELOPMENT PRIORITIES
According to the City of Soledad 2005 General Plan, Economic Development Element Goals, Policies and Programs on page III-5, the City of Soledad aims to:

1. To improve the City’s overall economy and fiscal condition.

2. To ensure that new development does not impose a substantial financial burden to the City.

3. To provide good local jobs for Soledad residents
2005 Soledad General Plan
Economic Development Goals: Refer to goals mentioned earlier in this section Goal/Action # Policy/Action City Implementation or
Status
General Policy E-1 The City will work with local
businesses groups, such as
the Soledad Chamber of
Commerce and the Old Town
Merchants Association to
promote Soledad businesses
and to explore new business
opportunities.

The City is actively working
with business organizations.

The City entered into an
agreement with the
Monterey County Convention
and Visitors’ Bureau to
become a jurisdiction
investing partner in efforts to
draw tourism into Soledad.

Also, the City entered in
partnership with the
Monterey County Business
Council (MCBC) to establish a
Satellite Office for the Small
Business Development
Center (SBDC) in Soledad.

General Policy E-5 The City shall investigate the
feasibility of adding new
attractions to the
community such as, but not
limited to, new cultural
facilities, special events or
special educational facilities.

All such efforts shall be
coordinated with the
business community. One
priority is a to recruit a small
to midsize movie
theater.

The City has received a
$50,000 USDA Rural
Administration Grant to fund
a feasibility study for the
Shipping Container Village.

The USDA grant will assess
the feasibility of the project,
including financing for
construction and
management. This will allow
us to bring in different leisure
activities and a cultural
facility, special events are
options for the community.
311
12 HOUSING ELEMENT APR REPORTING REQUIREMENTS
According to Government Code Sections 65400, each general law city in the State of California is required to report certain housing information in accordance with state housing law based on Government Code Sections 65400, 65583, and 65584. The Housing Element APR is processed in a different manner than other portions of the General Plan APR and must be submitted to HCD and follow HCD’s requirements. The complete report for the Housing Element APR Reporting Requirements will be submitted online through a standardized format based on new reporting requirements (AB 879, SB 35, AB 1486, AB 1255). This report will be done through the City of Soledad Housing Division with the Community and Economic Development Department by April 1st, 2025, for the 2024 Calendar reporting period. The purpose of this section is to further analyze Housing Policy Goals and Actions through the Calendar year 2024.

According to the City of Soledad 2005 General Plan, Housing Goals, Policies and Programs on page IV3, the City of Soledad aims to:

1. Provide an adequate supply of sound, affordable housing in a safe and satisfying environment for all residents of the City of Soledad, consistent with the housing allocation adopted by the Association of Monterey Bay Area Governments.

2. To promote community character, livability, affordability and housing choice, by requiring an integrated mix of housing types in new residential areas.

3. To promote the needs of persons who have special needs not readily addressed without community leadership, including the homeless, large families, senior citizens, and single parents.

4. To encourage the maintenance, improvements, and rehabilitation of the City’s existing housing stock and residential neighborhoods, with special attention on conserving existing affordable housing.

5. To maintain a balance in land use regulation so as to refrain from unnecessary government constraints on the production of affordable housing and to create incentive for the production of affordable housing.

6. To promote the maintenance and improvement of energy efficiency in the city’s existing and new housing stock.

7. To ensure equal housing opportunities for all persons regardless of age, race, sex, religion, national origin, or other barriers that prevent choice in housing.

The 2023-2031 Housing Element outlines goals, policies, and programs that align with the 2005 Soledad General Plan. As required by state law, it remains consistent with all other elements of the General Plan. The City is currently updating its General Plan, with adoption expected in 2026, and is ensuring alignment between the Housing Element and other plan elements throughout this process. Future amendments will also be reviewed for consistency.

The policy approach in this Housing Element is similar to the 2015-2023 version, with added requirements for fair housing under AB 686. It continues to prioritize affordable housing, encourage multifamily development, support large families and migrant farmworkers, collaborate with affordable 312
13 housing developers, and promote rehabilitation of older housing. Additionally, it emphasizes integrating affordable housing into Specific Plan areas designated for future growth. This Housing Element is effective from December 31, 2023, to December 31, 2031.

The Regional Housing Needs Allocation (RHNA) ensures cities plan for enough housing across all income levels. Based on a methodology by AMBAG (adopted in October 2022), Soledad must accommodate 724 housing units from 2023 to 2031. The City has conducted a site inventory to confirm sufficient land, zoning, and public services are available to meet this requirement, ensuring realistic housing development during this period.

Table 1. City of Soledad 2015-2022 Annual Progress Report Summary including RHNA 5th Cycle Allocation Numbers
Income
Level
RHNA
Allocation by
Income Level
2015 2016 2017 2018 2019 2020 2021 2022 Total Units
(all years)
Very Low 46 4 4
Low 30 6 15 21
Moderate 35 2 41 43
Above
Moderate
80 3 83 79 131 60 12 21 149 538
Total
RHNA
191
Total
Units
3 83 79 131 60 12 29 209 606
Table 2. City of Soledad 2023-2031 Annual Progress Summary including Existing RHNA 6th Cycle Allocation Numbers
Income Level RHNA
Allocation by
Income Level
2023 2024 Total Units to Date
(all years)
Very Low 100 0
Low 65 6 6
Moderate 183 18 18
Above Moderate 376 99 82 181
Total RHNA 724
Total Units 123 205
313
14 Table 3. City of Soledad Residential Capacity and RHNA Allocation for 6th Cycle (2023-2031 Housing Element Pg. 196)
Table 4. City of Soledad Housing Pipeline Projects
314
15 PARKS AND RECREATION PRIORITIES
According to the City of Soledad 2005 General Plan, Parks and Recreational Element Goals, Policies and Programs on page VI-6, the City of Soledad aims to

1. Provide a high-quality public park system containing adequate park acreage and varied recreational facilities that are accessible to all Soledad residents.

2. Work toward achieving a ratio of five acres of parkland per 1,000 residents.

3. Provide adequate indoor and outdoor recreation facilities for existing and future populations.

4. Provide recreational programs and facilities for all age groups, incomes, and physical abilities.

5. Provide maintenance assessment districts to fund park and facility landscape maintenance, including street public landscaping.

6. Encourage the use of reclaimed water for landscape irrigation.

Overview
The Soledad Parks and Recreation Department (SPR) was established in 2021 following the approval of Measure S, a general tax measure supported by the community. The department is committed to providing affordable and inclusive health and wellness programs, recreational activities, and community events for residents of Soledad and the surrounding areas.

Recreational Services and Community Impact
SPR manages parks, sports fields, and the community center, ensuring access to a diverse range of recreational opportunities for individuals of all ages, interests, and abilities. The department offers programs in performing arts, sports, fitness, and social activities, fostering an engaged and active community.

As Soledad’s population continues to grow, SPR prioritizes diverse, accessible, and equitable recreational services. The department continues to expand its health and wellness programs, ensuring broader access to recreational activities that support community well-being.

Soledad Community Center Modernization
Since its reopening in 2021, the Soledad Community Center has undergone significant renovations as part of a multi-phase modernization plan aimed at enhancing accessibility, functionality, and user experience. Key upgrades include improved ADA accessibility, with the reconstruction and regrading of parking stalls, installation of facility entry pushbuttons, and the addition of a new ADA stage lift for performances and general use. Enhancementsto the gymnasium and stage feature a mechanical winch 315
16 system for basketball backboards, upgraded lighting and electrical systems, full wall repairs and repainting, and gymnasium floor maintenance to ensure durability. Security and facility-wide improvements include the replacement of old interior and exterior doors and a full facility rekeying for better access control.

The kitchen underwent a complete modernization, incorporating fiberglass-reinforced plastic wall coverings for durability, new commercial-grade appliances, a suppression hood, grease trap, stainless steel counters, and a hand sink to meet updated safety and hygiene standards. Epoxy flooring was also installed to provide a clean and long-lasting surface. Additionally, a dedicated staff breakroom was created to offer a comfortable and functional space for employees.

These improvements reflect the City of Soledad’s ongoing commitment to maintaining high-quality, inclusive, and functional community spaces. Future phases of the modernization plan will continue to enhance recreational facilities, ensuring the Soledad Community Center remains a hub for community engagement, recreation, and events.

The following chart and pictograph summarize the policies successfully met by SPR, highlighting the expansion of programs in 2024.
316
17 Soledad General Plan (2005) Park and Recreation Policies Goal/Action # Policy/Action
Recreation Policy PR-4 The City will work with the YMCA, the Soledad Mission Recreation District, the Soledad Unified School District, Monterey County and other agencies (public and private) to expand Soledad's recreation facilities and programs. The City should provide youth, adult and senior programs for City residents, with special emphasis on youth programs.

Recreation Policy PR-6 The City will strive to develop a balanced recreation program that provides activities for all age groups.

Recreation Policy PR-9 As recreation facilities become available, the City will develop a community recreation program. The recreation program shall include youth/teen, adult and senior programs. Generally programs for which there is a large demand should be provided; however, the more specialized a recreation program, the more financially self-supporting it should become
Acquisition and Development
PR-14
Parks shall be designed to accommodate various age groups and abilities. An individual park or recreation facility does not need to be accessible to all age groups or abilities; however, Soledad’s overall park and recreation system shall meet the special needs of the City’s population.

Acquisition and Development
PR20
The community will be made aware of park and recreation projects and resources by way of public notices, newsletters or other means. For example, a newsletter can be used to record park and recreation accomplishments, needs, upcoming projects, and to thank persons or organizations for their help. Encouraging community events in local parks can augment community
appreciation of existing facilities.

Acquisition and Development
PR28
The City will manage park and recreation facilities and programs by working to develop a stable funding source(s) for park and recreation activities. Maintenance assessment districts shall be formed to provide funding
Funding
PR36
The City shall encourage fundraising events to help pay for parks and recreation facilities and programs.
317
18 City of Soledad Parks and Recreation Department: 2024 Year in Review www.cityofsoledad.com – Soledad Parks & Recreation
318
19 CIRCULATION
According to the City of Soledad 2005 General Plan, Circulation Goals, Policies and Programs on page V-14, the City of Soledad aims to

1. To provide a safe and efficient circulation network to meet the present and future needs of the City.

2. To encourage the use of alternate forms of transportation other than the automobile.

3. To create a pedestrian-friendly, walkable community.

In 2024, the City of Soledad partnered with the Transportation Agency for Monterey County (TAMC) and Monterey-Salinas Transit (MST) to expand outreach and improve transportation safety. Over the past two years, the city and its residents have developed a Safe Routes to Schools Plan and a Local Roadway Safety Plan, paving the way for significant improvements that enhance community health and safety.

In addition to improving infrastructure, initiatives focused on education and safety programs to tackle challenges that cannot be resolved by physical enhancements alone. For instance, programs involving high school students participating in bike repair workshops, as well as a Crime Prevention Through Environmental Design (CPTED) initiative, aim to create safer environments for walking and biking.

Special attention was also given to disadvantaged seniors through pedestrian safety and encouragement programs designed to meet their specific needs.

The City is also expanding its public transit service to improve accessibility for residents. A new bus route will include a 30-minute loop, arriving every 30 minutes, with dedicated bus stops to enhance reliability. Most residents will be within a five-minute walk of a bus stop, ensuring easy access to transportation. The new schedule will provide predictable service on a regular timetable, allowing passengers to time transfers with Line 23 and other intercity routes. The dedicated stops will offer certainty and visibility, helping increase ridership and provide room for future growth. Additionally, this service will typically cost less per passenger, ensuring an affordable transportation option for the community.

Through these efforts, Soledad remains committed to fostering a safer, healthier, and more connected community for residents of all ages.
2005 Soledad General Plan
Circulation Goals: Refer to goals mentioned earlier in this section Goal/Action # Policy/Action City Implementation or
Status
Traffic Management C-2 Streets shall be dedicated,
widened, extended and
constructed in accordance
with City standards.

Dedication and
improvements of full rights
ofway shall not be required
in existing developed areas
Policies C-3 and C-5 were
completed with major work
towards an Action
Transportation Plan. The
project includes 4.5 miles
Class IV bike facilities, road
diets, 6 roundabouts , 3 bike
319
20 where the City determines
such improvements are
infeasible or undesirable.

New
development shall be
responsible for improving a
minimum one-half street
along the outer boundaries
of each subdivision along
subdivision property
where street extensions are
identified. Other deviations
from these standards
shall be permitted upon a
determination by the City
Engineer that safe and
adequate public access and
circulation are preserved by
such deviations.
boxes, 2 high-visibility HAWK
signals, lighted stop
signs, 102 ADA ramps, 30
pedestrian/street lights and
programming for all
ages.

In addition, Public Works
worked on the Salinas Valley
Safe Routes to School
Program (occurred over the
Span of the past 3 years
2022-2025) that heavily
reached out to the
community to propose safety
improvements near schools
and throughout the City.

Formal adoption of the plan
is set to happen in February
Traffic Management C-3 The City shall require that of 2025. roadway rights-of-way be
wide enough to
accommodate the travel
lanes needed to carry longrange forecasted traffic
volumes, as well as any
planned bikeways and
required drainage, utilities,
landscaping, and suitable
separations.

Traffic Management C-5 The street system in
residential neighborhoods
shall provide safe and logical
connections to the existing
street pattern, and
connectivity to the range of
complementary land uses
within neighborhoods
(housing, schools, parks,
neighborhood shopping,
etc.). The use of multiple
collector streets shall be
Pedestrian Circulation C-27 The City shall complete a
continuous network of
sidewalks and separated
Public Works engaged in the
Front Street Rehabilitation
320
21 pedestrian paths connecting
housing areas with major
activity centers and
with trails leading into City
and county open space area
Program, working to improve
the Downtown Area.

Transportation Demand
Management
C36
Public transit to surrounding
communities shall be
improved.

In 2024, MST and the City of
Soledad implemented the
MST circulator bus, providing
access to public
transportation throughout
the entire City.
321
2 34 6 78 9
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Total

APPROVED
Units by
project
Total

DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 62 62 62 0 22191070000 1735 VOSTI
AVE (UNIT A) 230289 ADU R 1/3/2024 1 1 1 0 NONE No
22512035000 1196 LA

COLINA ST
(UNIT A)
230295
ADU R
1/10/2024
1 1 1 0 NONE No
22061027000 1709 Monterey
Street (UNIT A) 230106 ADU R 1/18/2024 1 1 1 0 NONE No
22192015000 1568 MUNRAS
ST (UNIT A) 230274
ADU R
1/18/2024
1 1 1 0 NONE No
22442043000 1008 SANTA
INEZ (UNIT B) 230333 ADU R 2/1/2024 1 1 1 0 NONE No
22043009000 225 FIRST

STREET (UNIT
A)
230343
ADU R
2/1/2024
1 1 1 0 NONE No
22161034000 449 3RD ST
(UNIT A) 230215 ADU R 2/15/2024 1 1 1 0 NONE No
22161035000 459 3RD ST
(UNIT A) 230216 ADU O 2/15/2024 1 1 1 0 NONE No
22518043000 525 CALLE
VALVERDE Legacy Homes 240018 SFD O 2/22/2024 1 1 1 0 NONE No 22518044000 527

TANKERSLEY
ST
Legacy Homes 240019
SFD O
2/22/2024
1 1 1 0 NONE No
22518045000 529

TANKERSLEY
ST
Legacy Homes 240020
SFD O
2/22/2024
1 1 1 0 NONE No
22518046000 531

TANKERSLEY
ST
Legacy Homes 240021
SFD O
2/22/2024
1 1 1 0 NONE No
22518047000 552 LEGADO
DR Legacy Homes 240022 SFD O 2/22/2024 1 1 1 0 NONE No
22518007000 554

TANKERSLEY
ST
Legacy Homes 240023
SFD O
2/22/2024
1 1 1 0 NONE No
22518006000 556

TANKERSLEY
ST
Legacy Homes 240024
SFD O
2/22/2024
1 1 1 0 NONE No
22518005000 558

TANKERSLEY
ST
Legacy Homes 240025
SFD O
2/22/2024
1 1 1 0 NONE No
22518004000 560

TANKERSLEY
ST
Legacy Homes 240026
SFD O
2/22/2024
1 1 1 0 NONE No
22421075000 391

FRANSCIONI

STREET (UNIT
A)
240071
ADU R
3/27/2024
1 1 1 0 NONE No
22461082000 594 VIEJO

GABRIEL (UNIT
A)
240068
ADU R
3/29/2024
1 1 1 0 NONE No
22518015000 522 CALLE
VALVERDE Legacy Homes 240035 SFD O 4/12/2024 1 1 1 0 NONE No 22518014000 524 CALLE
VALVERDE Legacy Homes 240036 SFD O 4/12/2024 1 1 1 0 NONE No 22518013000 526 CALLE
VALVERDE Legacy Homes 240037 SFD O 4/12/2024 1 1 1 0 NONE No 1 5 10
Exhibit B
322
22518012000 528 CALLE
VALVERDE Legacy Homes 240038 SFD O 4/12/2024 1 1 1 0 NONE No 22518011000 530 CALLE
VALVERDE Legacy Homes 240039 SFD O 4/12/2024 1 1 1 0 NONE No 22231010000 104 INCA DR
(UNIT A) 240106 ADU R 4/16/2024 1 1 1 0 NONE No
22512024000 1108 LA

COLINA ST
(UNIT A)
240134
ADU R
5/13/2024
1 1 1 0 NONE No
22483065000 965 ENTRADA
ST (UNIT A) 240145
ADU R
5/22/2024
1 1 1 0 NONE No
22518021000 510 CALLE
VALVERDE Legacy Homes 230182 SFD O 5/23/2024 1 1 1 0 NONE No 22518020000 512 CALLE
VALVERDE Legacy Homes 230183 SFD O 5/23/2024 1 1 1 0 NONE No 22518019000 514 CALLE
VALVERDE Legacy Homes 230184 SFD O 5/23/2024 1 1 1 0 NONE No 22518018000 516 CALLE
VALVERDE Legacy Homes 230185 SFD O 5/23/2024 1 1 1 0 NONE No 22518017000 518 CALLE
VALVERDE Legacy Homes 230186 SFD O 5/23/2024 1 1 1 0 NONE No 22518016000 520 CALLE
VALVERDE Legacy Homes 230187 SFD O 5/23/2024 1 1 1 0 NONE No 323
Jurisdiction Soledad ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 12/15/2023 - 12/15/2031
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to 4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the state streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ Assistance Programs for Each Development (may select multiple - see instructions) Deed Restriction Type (may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroy ed Units Demolished or Destroyed Units Demolished/D estroyed Units Owner or Renter Total Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area) Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 12 0 0 4 0 10 0 80 94 0 0 22518032000 519 TOMASINI STREET Legacy Homes 220416 SFD O 1 7/20/2005 1 12/20/2022 0 1 2/1/2024 1 NONE N 22518027000 509 TOMASINI STREET Legacy Homes 220487 SFD O 1 7/20/2005 1 12/20/2022 0 1 1/18/2024 1 NONE N 22518030000 515 TOMASINI STREET Legacy Homes 220414 SFD O 1 7/20/2005 1 12/20/2022 0 1 2/1/2024 1 NONE N 22517091000 523 TOMASINI STREET Legacy Homes 220418 SFD O 1 7/20/2005 1 12/20/2022 0 1 4/26/2023 1 NONE N 22322028000 840 BARCELONA STREET (UNIT A) 230188 ADU R 0 1 10/26/2023 1 1 4/26/2023 1 NONE N 22518002400 503 TOMASINI STREET Legacy Homes 220482 SFD O 1 7/20/2005 1 12/20/2022 0 1 2/7/2024 1 NONE N 22518052000 542 LEGADO DRIVE Legacy Homes 230021 SFD O 1 7/20/2005 1 12/20/2022 0 1 2/12/2024 1 NONE N 22311042000 688 ANDALUCIA DR (UNIT A) 230092 ADU R 0 1 4/19/2023 1 1 3/5/2024 1 NONE N 22518033000 506 TOMASINI STREET Legacy Homes 220485 SFD O 1 7/20/2005 1 12/20/2022 0 1 3/12/2024 1 NONE N 22518025000 505 TOMASINI STREET Legacy Homes 220484 SFD O 1 7/20/2005 1 12/20/2022 0 1 3/21/2024 1 NONE N 22518034000 504 TOMASINI STREET Legacy Homes 220483 SFD O 1 7/20/2005 1 12/20/2022 0 1 3/28/2024 1 NONE N 22451014000
9599 SIERRA

MADRE CT (UNIT
A)
230098 ADU R
0 1 6/16/2023 1 1 3/28/2024 1 NONE N
22471018000 703 SKINNER STREET (UNIT A) 230055 ADU R 0 1 4/11/2023 1 1 3/29/2024 1 NONE N 22192015000 4568 MUNRAS STREET (UNIT A) 230274 ADU R 0 1 1/18/2024 1 1 4/4/2024 1 NONE N 22518026000 507 TOMASINI ST Legacy Homes 220486 SFD R 1 7/20/2005 1 12/20/2022 0 1 4/8/2024 1 NONE N 22461036000 317 HIGUERA STREET (UNIT A) 230069 ADU R 0 1 3/28/2023 1 1 4/19/2024 1 NONE N 22511026000 1094 SAN RAFAEL (UNIT A) 230133 ADU R 0 1 10/5/2023 1 1 4/24/2024 1 NONE N22282045000 455 TIBURON PLACE (UNIT A) 230278 ADU R 0 1 10/19/2023 1 1 4/29/2024 1 NONE N 22518051000 544 LEGADO DRIVE Legacy Homes 230022 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/1/2024 1 NONE N22518049000 548 LEGADO DRIVE Legacy Homes 230024 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/1/2024 1 NONE N22518048000 550 LEGADO DRIVE Legacy Homes 230025 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/1/2024 1 NONE N22518054000 538 LEGADO DRIVE Legacy Homes 230019 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/3/2024 1 NONE N22518053000 540 LEGADO DRIVE Legacy Homes 230020 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/6/2024 1 NONE N22083103000 1068 PALM AVENUE (UNIT A) 230255 ADU 1 1 12/7/2023 1 1 5/7/2024 1 NONE N 22533030000 728 Gabila Dr Las Viviendas 220312 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533032000 730 Gabilan Dr Las Viviendas 220312 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533029000 732 Gabilan Dr Las Viviendas 220312 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533031000 734 Gabilan Dr Las Viviendas 220312 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533034000 716 Gabilan Dr Las Viviendas 220313 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533036000 718 Gabilan Dr Las Viviendas 220313 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533033000 720 Gabilan Dr Las Viviendas 220313 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533035000 722 Gabilan Dr Las Viviendas 220313 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533051000 817 Mora Cir Las Viviendas 220314 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533049000 819 Mora Cir Las Viviendas 220314 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533019000 820 Mora Cir Las Viviendas 220314 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533052000 821 Mora Cir Las Viviendas 220314 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533047000 809 Mora Cir Las Viviendas 220315 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533045000 811 Mora Cir Las Viviendas 220315 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N 22533048000 813 Mora Cir Las Viviendas 220315 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22533046000 815 Mora Cir Las Viviendas 220315 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 5/10/2024 1 NONE N22518050000 546 LEGADO DRIVE Legacy Homes 230023 SFD O 1 7/20/2005 1 7/13/2023 0 1 5/15/2024 1 NONE N22518042000 523 CALLE VALVERDE Legacy Homes 230246 SFD O 1 7/20/2005 1 12/7/2023 0 1 6/4/2024 1 NONE N 22518039000 517 CALLE VALVERDE Legacy Homes 230242 SFD O 1 7/20/2005 1 12/7/2023 0 1 6/11/2024 1 NONE N 2219107000 1735 VOSTI AVENUE (UNIT A) 230289 ADU R 0 1 1/3/2024 1 1 6/28/2024 1 NONE N 2219202000 1575 MUNRAS STREET (UNIT A) 230068 ADU R 0 1 7/12/2023 1 1 7/1/2024 1 NONE N 22518037000 513 CALLE VALVERDE Legacy Homes 230240 SFD O 1 7/20/2005 1 12/7/2023 0 1 7/2/2024 1 NONE N 22461082000 594 VIEJO GABRIEL (UNIT A) 240068 ADU R 0 1 3/29/2024 1 1 7/2/2024 1 NONE N22518036000 511 CALLE VALVERDE Legacy Homes 230239 SFD O 1 7/20/2005 1 12/7/2023 0 1 7/10/2024 1 NONE N 22518038000 515 CALLE VALVERDE Legacy Homes 230241 SFD O 1 7/20/2005 1 12/7/2023 0 1 7/10/2024 1 NONE N 22043009000 255 FIRST STREET (UNIT A) 230343 ADU R 0 1 2/1/2024 1 1 7/19/2024 1 NONE N 2251804000 519 CALLE VALVERDE Legacy Homes 230243 SFD O 1 7/20/2005 1 12/7/2023 0 1 7/24/2024 1 NONE N 22518041000 521 CALLE VALVERDE Legacy Homes 230245 SFD O 1 7/20/2005 1 12/7/2023 0 1 7/24/2024 1 NONE N 22533043000 801 Mora Cir Las Viviendas 220426 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N22533041000 803 Mora Cir Las Viviendas 220426 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N22533044000 805 Mora Cir Las Viviendas 220426 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22533042000 807 Mora Cir Las Viviendas 220426 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22533026000 740 Mora Cir Las Viviendas 220428 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22533028000 742 Mora Cir Las Viviendas 220428 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22533025000 744 Gabilan Dr Las Viviendas 220428 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22533027000 746 Gabilan Dr Las Viviendas 220428 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/2/2024 1 NONE N 22061027000 1709 MONTEREY ST (UNIT A) 230106 ADU R 1 1 2/1/2024 1 1 8/5/2024 1 NONE N 22442043000 1008 SANTA INEZ (UNIT B) 230333 ADU R 1 1 1/18/2024 1 1 8/9/2024 1 NONE N 22061025000 214 FIFTH STREET (UNIT A) 230059 ADU R 1 1 2/1/2024 1 1 8/13/2024 1 NONE N22023006000 213 EAST STREET (UNIT A) 220287 ADU R 1 1 4/26/2023 1 1 8/19/2024 1 NONE N 22035002000 1452 MADERA STREET (UNIT A) 230190 ADU R 1 1 10/16/2023 1 1 8/27/2024 1 NONE N 22533005000 816 Vasquez Las Viviendas 220429 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/29/2024 1 NONE N22533006000 820 Vasquez Las Viviendas 220429 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/29/2024 1 NONE N22533003000 808 Vasquez Las Viviendas 220430 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/29/2024 1 NONE N22533004000 812 Vasquez Las Viviendas 220430 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 8/29/2024 1 NONE N22421075000 391 FRANSCIONI ST (UNIT A) 240071 ADU R 0 1 3/27/2024 1 1 8/30/2024 1 NONE N 22533001000 800 Vasquez Las Viviendas 220427 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 9/4/2024 1 NONE N22533002000 804 Vasquez Las Viviendas 220427 2 to 4 O 1 1/9/2019 1 7/22/2022 0 1 9/4/2024 1 NONE N 22151006000 1050 METZ ROAD (UNIT A) 230157 ADU R 0 1 8/16/2023 1 1 9/17/2024 1 NONE N 22151006000 552 LEGADO DRIVE Legacy Homes 240022 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/24/2024 1 NONE N22518005000 558 TANKERSLEY ST Legacy Homes 240025 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/24/2024 1 NONE N22518004000 560 TANKERSLEY ST Legacy Homes 240026 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/24/2024 1 NONE N22302044000 423 TIERRA AVENUE (UNIT A) 240099 ADU R 0 1 6/4/2024 1 1 9/24/2024 1 NONE N 22518043000 525 CALLE VALVERDE Legacy Homes 240018 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/26/2024 1 NONE N 22518044000 527 TANKERSLEY ST Legacy Homes 240019 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/26/2024 1 NONE N22518006000 556 TANKERSLEY ST Legacy Homes 240024 SFD O 1 7/20/2005 1 2/22/2024 0 1 9/26/2024 1 NONE N22512035000 1196 LA COLINA STREET (UNIT A) 230295 ADU 0 1 1/10/2024 1 1 9/30/2024 1 NONE N 22518046000 531 TANKERSLEY ST Legacy Homes 240021 SFD O 1 7/20/2005 1 2/22/2024 0 1 10/9/2024 1 NONE N22411014000 291 BRITTLEBUSH ST (UNIT A) 240177 ADU R 0 1 7/10/2024 1 1 10/14/2024 1 NONE N22518012000 528 CALLE VALVERDE Legacy Homes 240038 SFD O 1 7/20/2005 1 2/22/2024 0 1 10/23/2024 1 NONE N 22518011000 530 CALLE VALVERDE Legacy Homes 240039 SFD O 1 7/20/2005 1 2/22/2024 0 1 10/23/2024 1 NONE N 22512024000 1108 LA COLINA STREET (UNIT A) 240134 ADU R 0 5/13/2024 0 1 10/28/2024 1 NONE N 22518015000 522 CALLE VALVERDE Legacy Homes 240035 SFD O 1 7/20/2005 1 2/22/2024 0 1 10/29/2024 1 NONE N 22518013000 526 CALLE VALVERDE Legacy Homes 240037 SFD O 1 7/20/2005 1 2/22/2024 0 1 10/29/2024 1 NONE N 22518017000 518 CALLE VALVERDE Legacy Homes 230186 SFD O 1 7/20/2005 1 12/7/2023 0 1 11/14/2024 1 NONE N 22518018000 516 CALLE VALVERDE Legacy Homes 230185 SFD O 1 7/20/2005 1 12/7/2023 0 1 11/18/2024 1 NONE N 22518007000 554 TANKERSLEY ST Legacy Homes 240023 SFD O 1 7/20/2005 1 2/22/2024 0 1 11/18/2024 1 NONE N22518019000 514 CALLE VALVERDE Legacy Homes 230184 SFD O 1 7/20/2005 1 12/7/2023 0 1 11/19/2024 1 NONE N 22518020000 512 CALLE VALVERDE Legacy Homes 230183 SFD O 1 7/20/2005 1 12/7/2023 0 1 11/25/2024 1 NONE N 22518045000 529 TANKERSLEY ST Legacy Homes 240020 SFD O 1 7/20/2005 1 2/22/2024 0 1 11/25/2024 1 NONE N22518210000 510 CALLE VALVERDE Legacy Homes 230182 SFD O 1 7/20/2005 1 12/7/2023 0 1 11/27/2024 1 NONE N 22461025000 745 LOPEZ (UNIT A) 240287 ADU R 0 1 8/23/2024 1 1 12/20/2024 1 NONE N Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
324
Planning Period 6th Cycle 12/15/2023 - 12/15/2031
1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2023-
12/14/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Above Moderate 376 - - 12 - - - - - - - 12 364
724
- - 12 - - - - - - - 12 712
5 67
Extremely lowIncome Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date Total Units Remaining 50 - - - - - - - - - - 50
VLI Deed RestrictedVLI Non Deed RestrictedLI Deed RestrictedLI Non Deed RestrictedMI Deed RestrictedMI Non Deed RestrictedAbove Mod Income 65 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.Total RHNATotal Units Income Level
Very LowLowExtremely Low-Income Units*Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 183
- - Moderate
100 65 183
-
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
100
325
Jurisdiction Soledad
Reporting Year 2024 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H-1 Adequate Sites
The City of Soledad shall ensure the
availability of adequate vacant and
underutilized land to meet the City’s
housing need, as identified by AMBAG,
both within the existing city
boundaries and in newly annexed
areas proposed for development. This
land shall be suitably zoned and
prepared for residential development
and/or redevelopment
Ongoing
In 2024, the City of Soledad purchased 4.6 acres at 540 Gabilan. In 2025, the City will issue a Request for Proposals (RFP) to identify a non-profit developer capable of constructing up to 100 affordable housing units.

H-2 New Development &
Redevelopment
The City will o promote the
development of a variety of housing
types, particularly affordable housing
on both vacant and underutilized sites
Ongoing The City has adopted ADU's pre-approved plans. In 2024 the City issued 41 building permits and 25 certificates of occupancy to newly contructed ADUs.

H-3 Housing Oppotunities
for all
Provide housing opportunities for all
segments of the community to meet
current and future need
Ongoing
In 2024, the City was awarded the Encampment Resolution Funds Round 3 (ERF-3) in collaboration with the county. The City received 2.1 million and hired a new FTE Homeless Outreach Coordinator to assist in resolving the homeless encampment. The City will also build a temporary interim shelter with supportive services to transition participants to traditional housing.

In 2024, the City Council directed city staff to allocate $200,000 from CDBG Program Income to re-establish a First-Time HomeBuyer Program downpayment assistance in 2025.

H-5 Removal of
Constraints
The City will identify and address
constraints that hinder a jurisdiction
from meeting its housing needs,
including governmental and
nongovernmental constraints and
excessive utility costs
2024
The City amended made the following amendments to the zoning code in 2024:

1. Parking standards for emergency shelters in compliance with Government Code Section 65583(a)(4)(A)(ii))

2. Removed the requirement that emergency shelters be more than 300 feet from another similar program
H-5 Removal of
Constraints
Streamline affordable housing
production 2023
The City amended its inclusionary housing requirements to allow market-rate developers to partner with non-profit developers to fulfill the Inclusionary Housing Ordinance. In 2024, the City has received two applications from developers:

Almond Acres – 67 units:

Market-rate developer to produce 55 single-family dwellings (SFD).

Non-profit partner, CHISPA, to produce 12 affordable multi-family dwellings (MFD).

Parcel E Santa Clara – 144 units:

Market-rate developer to produce 104 SFD.
f ff
H-5 Removal of
Constraints
Secure additional sources of funding
to subsidize affordable housing
development
Ongoing
In 2024 the City submitted an application for the ProHousing Designation Program. The City expects to be awarded the ProHousing Designation in 2025 to become elegible for the HCD ProHousing Incentive Pilot Program.

The City intends to use these funds as gap financing for affordable housing projects

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 326
Attachment A
327
328
329

Soledad City CouncilMarch 19, 2025

Soledad City Council
March 19, 2025