Preview
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
"C"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
CERTIFICATE OF PURCHASING GROUP PARTICIPATION
UMBRELLA AND EXCESS LIABILITY INSURANCE
Certificate Number Participating Insurance Company Master Policy Number
HLI20-A-G72676877 See Below See Below
DISTINGUISHED PROPERTIES UMBRELLA MANAGERS, INC. AND ITS MEMBERS
A Real Estate Risk Purchasing Group
Distinguished Properties Umbrella Managers Inc. Risk Purchasing Group Member (Certificate Holder) and Mailing Address:
Falcon Properties Inc.
147 west 35th street #1605 , NEW YORK, NY 10001
Other Named Insured(s): See Member Endorsement
Coverage Period: 05-16-2021 to 05-16-2022
12:01 AM a.m Standard Time at the Mailing Address of Purchasing Group Member as stated herein.
APPLICABLE LIMITS OF INSURANCE AND PARTICIPATING INSURERS:
COMBINED LIMIT OF LIABILITY: $180,000,000 EACH OCCURRENCE AND AGGREGATE AS APPLICABLE
Lead Insurance Policy Number Limits of Insurance
ACE Property & Casualty InsuranceG71879501 $10,000,000 Each Occurrence
Company
1133 Avenue of the Americas, 38th $10,000,000 General Aggregate (where applicable)
Floor
New York, NY 10036 $10,000,000 Products/Completed Operations
$250,000 Catastrophe Management Sublimit of Insurance
Excess Insurance
Fireman's Fund Insurance Company USL007299202 $15,000,000 Each Occurrence and Aggregate
1 Progress Point Parkway Excess of $10,000,000
O'Fallon, MO 63368
Navigators Insurance Company NY20FXS731514IV $25,000,000 Each Occurrence and Aggregate
One Penn Plaza, 32nd Floor Excess of $25,000,000
New York, NY 10119
Liberty Insurance Underwriters, Inc. 1000343661-02 $25,000,000 Each Occurrence and Aggregate
71 Stevenson St Excess of $50,000,000
San Francisco, CA 94105
The North River Insurance Company 522-807641-1 $15,000,000 Each Occurrence and Aggregate
305 Madison Ave Excess of $75,000,000
Morristown, NJ 07960
Westchester Fire Insurance G28145780005 $15,000,000 Each Occurrence and Aggregate
Company Excess of $90,000,000
455 Market Street, 17th Floor
San Francisco, CA 94105
Fireman's Fund Insurance Company USL007476206 $25,000,000 Each Occurrence and Aggregate
1 Progress Point Parkway Excess of $105,000,000
O'Fallon, MO 63368
Liberty Insurance Underwriters, Inc. 1000343602-02 $25,000,000 Each Occurrence and Aggregate
55 Water Street, 23rd FI Excess of $130,000,000
New York, NY 10041
Colony Specialty Insurance Company AR6460770 $25,000,000 Each Occurrence and Aggregate
8450 East Crescent Pkwy., Suite 300 Excess of $155,000,000
Greenwood Village, CO 80111
SELF INSURED RETENTION: Each Occurrence $0
XS-40716 (03/14)
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
SCHEDULE OF UNDERLYING INSURANCE LIMITS OF LIABILITY
See Member Endorsement
FORMS ENDORSEMENTS
See Master Policy No. G71879501; and reference Forms and Endorsements Schedule on the Excess Insurance Policies
ADDITIONAL ENDORSEMENTS, EXTENSIONS, EXCLUSIONS, OR EXCEPTIONS:
Attached to Policy No. G71879501. See Member Endorsement.
THE MASTER INSURANCE POLICY(IES) STATED ABOVE IS (ARE) ISSUED TO DISTINGUISHED PROPERTIES
UMBRELLA MANAGERS, INC. AND ITS MEMBERS, A REAL ESTATE RISK PURCHASING GROUP. THE
INSURANCE APPLIES TO THE PURCHASING GROUP MEMBER(S) NAMED ABOVE AND IS GOVERNED BY AND
SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE MASTER POLICY(IES) AND ATTACHED
MEMBER ENDORSEMENT.
UNDERLYING INSURANCE REQUIREMENTS:
IT IS WARRANTED BY THE PURCHASING GROUP MEMBER AND/OR THEIR PRODUCER THAT THE
UNDERLYING INSURANCE MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS AS SHOWN IN THE
SCHEDULE OF UNDERYLYING INSURANCE.
Date Issued: 2021-06-04 Authorized Signature:
XS-40716 (03/14)
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
Member Endorsement
For Purchasing Group Members
Commercial Umbrella Liability Insurance
Distinguished Properties Umbrella Managers, Inc.
C/O 3H Corporate Services, LLC
1201 N. Orange Street, Suite 710
Wilmington, DE 19801-1186
The Master Insurance Policy referenced herein is issued to Distinguished Properties Umbrella Managers, Inc., a
Delaware Risk Purchasing Group. The insurance applies to the Insured Member shown below and is governed by and
subject to all the terms, exclusions and conditions of the Master Policy and this Member Endorsement.
Member Endorsement Number: Previous Member Endorsement Number:
HLI20-A-G72676877 HLI19-A-G71396277
Policy Period: Master Policy Number: G71879501
From: 05-16-2021 to 05-16-2022 12:01 A.M Standard Time at Insurer: ACE Property & Casualty Insurance Company
the Address of the Insured Member as stated herein.
Insured Member and Address Producer Name and Address
Falcon Properties Inc. Distinguished Programs Insurance Brokerage, LLC
147 west 35th street #1605 1180 Avenue of the Americas, 16th Floor
NEW YORK, NY 10001 New York, NY 10036
Commercial Umbrella - Limits of Insurance
Liability
10,000,000 Each Occurrence
10,000,000 General Aggregate (where applicable) self-insured Retention (per occurrence)
10,000,000 Products & Completed Operations
$250,000 Catastrophe Management Sublimit of Insurance
XS-41450a (01/15)
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
Schedule of Underlying Insurance for Insured Member
CARRIER LIMIT TYPE
POLICY TYPE & LIMIT COVERAGE TRIGGER
EFFECTIVE DATES AMOUNT DEFENSE TREATMENT
RETRO ACTIVE DATE
General Liability Hartford Fire Insurance
Company
2021-05-16 to 2022-05-16
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products Completed Ops Aggregate
10 UUN HV7585 $1,000,000 Personal & Advertising Injury
Non- Owned and Hired Trumbull Insurance Company
Automobile Liability
2021-05-16 to 2022-05-16
10 UUN HV7585 $1,000,000 Each Accident
Employee Benefits Liability Hartford Fire Insurance
Company
2021-05-16 to 2022-05-16
(Claims Made) Retro Date: 2015-05-08 $1,000,000 Each Occurrence or Each Claim
10 UUN HV7585 $1,000,000 Aggregate
All underlying carriers must be rated A- VI or better
by A.M. Best. Ineligible underlying insurers include Lloyd's
Underwriters/Syndicates.
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
Schedule of Designated Locations for Insured Member
See Attached Schedule of Designated Locations CC1E15 (11/15)
Schedule of Named Insureds for Insured Member
See Attached Named Insured Endorsement XS-24545 (03/08)
Supplemental Extended Reporting Period Additional Premium
Coverage ERP Premium
CONDOMINIUM/COOPERATIVE D&O LIABILITY LIMITATION
ENDORSEMENT - NEW YORK
Supplemental Extended
Reporting Period Premium
Excludes Condominium Hotels and Employment Practices
The coverage provided to Insured Member under the Master Policy and this Member Endorsement is further
modified as provided by the Forms and Endorsements shown in the Schedule below:
Authorized Representative
Date: 06/04/2021
XS-41450a (01/15)
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
THIS PARTICIPATION AGREEMENT AND DISCLOSURE STATEMENT MUST BE
PROVIDED BY YOU TO THE INSURED PRIOR TO BINDING ANY COVERAGE.
PARTICIPATION AGREEMENT AND DISCLOSURE STATEMENT
Distinguished Properties Umbrella Managers Inc. ("Purchasing Group") is a purchasing group as
defined in the federal Risk Retention Act Amendments of 1986, and is organized under the laws of the
state of Delaware. The Purchasing Group, through authorized brokers, is authorized to purchase
insurance for its members (real estate property owners, managers and other controlling interests). The
broker purchases master policies of insurance on behalf of the Purchasing Group and its members.
The cost of obtaining these policies includes premiums, commissions paid to agents or brokers, fees to
third-party claims adjusters and claims payment services, and general administration fees and
expenses, including fees paid to the Purchasing Group Manager, which performs various services,
including clerical, accounting and statistical services. Purchasing Group's officers or designees may at
their discretion allocate such costs associated with obtaining and administering these policies among
premium"
the members of the Purchasing Group. For example, because some insurers charge a "flat
per Member for covering all Purchasing Group Members, in years where the Program either attracts
more members than originally budgeted, or for other reasons, the Program can receive "excess
premium."
In other years, the Program may attract fewer members than budgeted, in which case there
may be a deficit, that will have to be made up by the Purchasing Group. Accordingly, the Purchasing
premium"
Group Officers or their designees must be authorized to retain any "excess to be used to pay
a shortfall in another Program Year, or to allocate some of the excess premium to reduce the total
premium cost for Members in a particular Program Year, all at the discretion of the Purchasing Group's
Officers or their designees. At no time will any excess premium be used to personally benefit any
Purchasing Group Officer or their family or affiliates. All such premiums, commission, fees and
expenses are non-auditable. By accepting the insurance offered in the Proposal or Certificate,
incorporated with this document by reference, the individuals and/or entity(s) identified in the "Named
Insured"
schedule (hereafter, "Member") becomes a Member of Purchasing Group and agrees to
participate in the insurance program offered by Purchasing Group through its authorized insurance
broker.
Member hereby acknowledges that the cost to Purchasing Group for securing the insurance policies on
behalf of its members includes the premiums, commissions, and the administrative and management
fees and expenses referred to above ("Program Costs"). Member (i) understands that the quoted
amount payable by the Member includes its share of these Program Costs, as allocated by Purchasing
Group's officers or designees, and (ii) agrees to pay its share of these Program Costs, stated in the
quotation or invoice, as a condition of membership in the Purchasing Group. Member further
acknowledges that the Program Costs may also include taxes and fees assessed by applicable states.
As a member of Purchasing Group, Member shall be entitled to participate in the insurance program
offered by Purchasing Group, through its authorized broker, and shall have an opportunity with all other
members to apply for and purchase insurance coverages offered on behalf of Purchasing Group.
Except as otherwise specified in this document, Member shall have no rights regarding the general
governance ofPurchasing Group and shall not have or succeed to any voting rights with respect to the
corporate affairs of Purchasing Group.
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
sed wick.
See, when there s no contract, no license, and no insurance, there's also no protection should a contractor's
worker get injured on the job. When that happens, bad contractors typically take flight-and leave you
holding the bag to the tune of tens of thousands of dollars or more.
Fortunately, you can mitigate this risk and protect your assets with Sedgwick Repair Solutions, a service that's
already built-in to your Distinguished Programs membership. Sedgwick offers you access to a nationwide
network of trusted contractors whose insurance policies have been verified current, comprehensive
and complete.What's more, Sedgwick's unique warranty program covers the contractor's labor and
workmanship within a specific period and guarantees the contractor's finished work. If something happens
to the contractor before their warranty ends, Sedgwick assumes the remainder of the warranty period.
To Mitigate Your Liability Risks, Connect with the Right Contractor
CALL SEDGWICK REPAIR SOLUTIONS AT 800.587.4243
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
TRUSTED CONTRACTORS, PROPERLY LICENSED AND INSURED TO ELIMINATE RISK
Avoid the iffy results and outright nightmares that search engines and unverifiable testimonials can lead
to. Licensed and vetted, credentialed and prescreened, the local contractors recruited by Sedgwick
represent the very best in the industry. You'll be put in touch with a prequalified, insured professional
$killed in the services you need at a tair price
General services " services " Remodeling, reconstruction and repair
contracting Consulting
Sidewalk repair " Water damage restoration " Mold restoration " and gutter work
Siding
Fire/smoke restoration " Roof repair " 24-hour response
emergency
STEP 1
General Contracting or repair work is needed. Property owner or manager calls
Sedgwick with Distinguished Programs certificate number handy
STEP 2
Sedgwick representative confirms caller is a Distinguished Programs member
and selects contractor to review the project
STEP 3
Contractor reviews the project scope and submits a bid
STEP 4
Property owner or manager reviews the bid and decides whether to hire contractor,
or someone else
STEP 5
If property owner or manager selects contractor, Sedgwick benefits kick in
"Service was exceptional. Neighbors weren't so lucky and are still waiting on contractors. Very pleased
service."
with
Hampton - Texas
"The contractor was impeccable! There should have been a 1-50 scale because I would have given a
wonderful!"
50. Sedgwick was
Jadhon - New York
"The contractors were amazing and very professional. They made sure that everything was renovated
destroyed."
and went the extra mile to make sure that my plants were not
Amalu - Arizona
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
MANAGING RISK:
Preventing Legionella
WHAT'S AT RISK?
Legionella of bacterium
is a type found naturally in fresh
water. When people are exposed to the bacterium, it can ...
(Legionnaires'
cause illness disease and Pontiac fever). This
bacterium grows best in warm water, like the kind found in:
" Hot tubs
" Cooling towers
" Hot water tanks
" Large plumbing systems
" Decorative fountains
People are exposed to Legionella when they breathe in a mist or vapor (small droplets of water in the air) containing the
Legionnaires'
bacteria. Each year,8,000-18,000 people in the United States are hospitalized with disease. According to the U.S.
Centers for Disease Control and Prevention, between 5% and 30% of those afi icted with the disease die.
WHAT ARE YOUR LEGAL OBLIGATIONS?
Legionnaires'
More than 120 people in the South Bronx contracted disease between early July and early August, 12 of whom
died. A hotel cooling tower was implicated in the outbreak.
Property owners and managers have a common
law duty to exert a high level of care for its employees and visitors to its
facilities. Legionella has the potential to surface at any building. Many facilities harbor the bacteria in small quantities without
issue, but maintaining proper standards and preventative maintenance of cooling towers and plumbing systems is imperative
to keep legionella at bay and help lower risk of an outbreak.
Ongoing testing and upkeep is essential as there is no water treatment and maintenance system guaranteed to fully and
permanently eradicate the organism.
If your property resides in New York the NYSDOH put in place emergency regulations, which are directed towards owners of
cooling towers, hospitals and residential health care facilities.
HOW CAN YOU BETTER PROTECT YOUR OGANIZATION?
For some suggestions designed to assist you in developing sound policies and procedures for your organization, please turn
this document over and review the attached checklist.
For more information about this and other hospitality risk management topics, please contact:
Kurt Meister Vice President of Sales
kmeister@distinguished.com
425-213-5125
www.distinguished.com
...........................................................
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
CHECKLIST: CONTROLLING EXPOSURES TO LEGIONELLA
MakeSure:
Maintain anti-corrosion and scale prevention programs. Maintain stringent recording policies to ensure preventative
Legionella thrives in scale and mineral deposits in water measures are taken in a timely manner. This can include
lines - especially warm water lines - so be sure that those activities like cleanings, biocide addition, etc.
lines remain clean. Use scale inhibitors where appropriate.
Regularly check the cooling tower for evidence of biofouling
Store domestic hot water at 140°F and deliver it at a (accumulation of microorganisms, plants, algae, or animals
minimum of 122°F. High temperatures efiectively kill the on wetted surfaces). Legionella often use common amoebae
bacteria. Unfortunately, even a few degrees below 122°F, or protozoa as host organisms, so by controlling the overall
legionella thrives and multiplies quickly, so it's imperative microbiological population, you can inhibit legionella
that temperatures stay in a safe range. growth.
Install and maintain high-efi ciency mist eliminators on Create an interdisciplinary response team. Responding to
cooling towers. According to early reports, it appears that Legionella and other infectious waterborne pathogens found
those who contracted the disease were not in the impacted in your water system requires a team efiort. This team should
buildings at all, rather they were exposed to the mist that include someone in your organization with knowledge of
rained down to the street from the cooling towers. and issues, your water treatment
health
safety company
representative, a laboratory with Legionella expertise, and
a Legionella risk management professional. The team can
provide a proactive plan for prevention as well as develop an
Twice-yearly washout and cleaning programs, including
emergency action plan to follow if needed.
oxidizing disinfections.
New York State Department of Health Emergency Regulations:
The NYSDOH put in place emergency regulations, effective August 17, 2015 which were directed towards owners of cooling towers,
hospitals and residential health care facilities all across New York State. The NYSDOH regulations are a more stringent than the NYC
order and require:
Registration of cooling towers.
Samples to be obtained from the cooler tower and analyzed for Legionella cultures.
Disinfection and treatment for the cooler tower depending on sampling results.
Certification to be completed annually indicating that the cooling tower has been inspected, tested, cleaned and disinfected.
Implementation of an annual maintenance program including routine sampling and analysis.
The information contained in this publication was obtained from sources believed to be reliable. Any opinions expressed herein are not necessarily
those of Distinguished. Distinguished makes no representation or guarantee as to the correctness or suii ciency of any information contained herein,
nor a guarantee of results based upon the use ofthis information, and disclaims allwarrantieswhetherimplied, express orstatutory,including without
limitation, implied warranties of merchantability, fitness for use and fitness for a particular purpose. You assume the entire risk as to the use of this
information, and Distinguished assumes no liability in connection with either the information presented or use of the suggestions made in this
publication. No part of this document or any of our other risk control documents is a representation that coverage does or does not exist for any
particular claim or type of claim under any such policy. Whether coverage exists or does not exist for any particular claim under any such policy
depends on the facts and circumstances involved in the claim and all applicable policy wording.
.........................................................." 2
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023
UMBRELLA DIRECT CLAIMS REPORTING INSTRUCTIONS
DISTINGUISHED PROPERTIES UMBRELLA MANAGERS INC.
PURCHASING GROUP
Members'
" Email all claim documents to the applicable umbrella insurers (see the Certificate
directly of
PG Participation for a list of participating insurers) at the appropriate email addresses listed below.
" Submit a complete
Preview
FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 "C" EXHIBIT FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 CERTIFICATE OF PURCHASING GROUP PARTICIPATION UMBRELLA AND EXCESS LIABILITY INSURANCE Certificate Number Participating Insurance Company Master Policy Number HLI20-A-G72676877 See Below See Below DISTINGUISHED PROPERTIES UMBRELLA MANAGERS, INC. AND ITS MEMBERS A Real Estate Risk Purchasing Group Distinguished Properties Umbrella Managers Inc. Risk Purchasing Group Member (Certificate Holder) and Mailing Address: Falcon Properties Inc. 147 west 35th street #1605 , NEW YORK, NY 10001 Other Named Insured(s): See Member Endorsement Coverage Period: 05-16-2021 to 05-16-2022 12:01 AM a.m Standard Time at the Mailing Address of Purchasing Group Member as stated herein. APPLICABLE LIMITS OF INSURANCE AND PARTICIPATING INSURERS: COMBINED LIMIT OF LIABILITY: $180,000,000 EACH OCCURRENCE AND AGGREGATE AS APPLICABLE Lead Insurance Policy Number Limits of Insurance ACE Property & Casualty InsuranceG71879501 $10,000,000 Each Occurrence Company 1133 Avenue of the Americas, 38th $10,000,000 General Aggregate (where applicable) Floor New York, NY 10036 $10,000,000 Products/Completed Operations $250,000 Catastrophe Management Sublimit of Insurance Excess Insurance Fireman's Fund Insurance Company USL007299202 $15,000,000 Each Occurrence and Aggregate 1 Progress Point Parkway Excess of $10,000,000 O'Fallon, MO 63368 Navigators Insurance Company NY20FXS731514IV $25,000,000 Each Occurrence and Aggregate One Penn Plaza, 32nd Floor Excess of $25,000,000 New York, NY 10119 Liberty Insurance Underwriters, Inc. 1000343661-02 $25,000,000 Each Occurrence and Aggregate 71 Stevenson St Excess of $50,000,000 San Francisco, CA 94105 The North River Insurance Company 522-807641-1 $15,000,000 Each Occurrence and Aggregate 305 Madison Ave Excess of $75,000,000 Morristown, NJ 07960 Westchester Fire Insurance G28145780005 $15,000,000 Each Occurrence and Aggregate Company Excess of $90,000,000 455 Market Street, 17th Floor San Francisco, CA 94105 Fireman's Fund Insurance Company USL007476206 $25,000,000 Each Occurrence and Aggregate 1 Progress Point Parkway Excess of $105,000,000 O'Fallon, MO 63368 Liberty Insurance Underwriters, Inc. 1000343602-02 $25,000,000 Each Occurrence and Aggregate 55 Water Street, 23rd FI Excess of $130,000,000 New York, NY 10041 Colony Specialty Insurance Company AR6460770 $25,000,000 Each Occurrence and Aggregate 8450 East Crescent Pkwy., Suite 300 Excess of $155,000,000 Greenwood Village, CO 80111 SELF INSURED RETENTION: Each Occurrence $0 XS-40716 (03/14) FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 SCHEDULE OF UNDERLYING INSURANCE LIMITS OF LIABILITY See Member Endorsement FORMS ENDORSEMENTS See Master Policy No. G71879501; and reference Forms and Endorsements Schedule on the Excess Insurance Policies ADDITIONAL ENDORSEMENTS, EXTENSIONS, EXCLUSIONS, OR EXCEPTIONS: Attached to Policy No. G71879501. See Member Endorsement. THE MASTER INSURANCE POLICY(IES) STATED ABOVE IS (ARE) ISSUED TO DISTINGUISHED PROPERTIES UMBRELLA MANAGERS, INC. AND ITS MEMBERS, A REAL ESTATE RISK PURCHASING GROUP. THE INSURANCE APPLIES TO THE PURCHASING GROUP MEMBER(S) NAMED ABOVE AND IS GOVERNED BY AND SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE MASTER POLICY(IES) AND ATTACHED MEMBER ENDORSEMENT. UNDERLYING INSURANCE REQUIREMENTS: IT IS WARRANTED BY THE PURCHASING GROUP MEMBER AND/OR THEIR PRODUCER THAT THE UNDERLYING INSURANCE MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS AS SHOWN IN THE SCHEDULE OF UNDERYLYING INSURANCE. Date Issued: 2021-06-04 Authorized Signature: XS-40716 (03/14) FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 Member Endorsement For Purchasing Group Members Commercial Umbrella Liability Insurance Distinguished Properties Umbrella Managers, Inc. C/O 3H Corporate Services, LLC 1201 N. Orange Street, Suite 710 Wilmington, DE 19801-1186 The Master Insurance Policy referenced herein is issued to Distinguished Properties Umbrella Managers, Inc., a Delaware Risk Purchasing Group. The insurance applies to the Insured Member shown below and is governed by and subject to all the terms, exclusions and conditions of the Master Policy and this Member Endorsement. Member Endorsement Number: Previous Member Endorsement Number: HLI20-A-G72676877 HLI19-A-G71396277 Policy Period: Master Policy Number: G71879501 From: 05-16-2021 to 05-16-2022 12:01 A.M Standard Time at Insurer: ACE Property & Casualty Insurance Company the Address of the Insured Member as stated herein. Insured Member and Address Producer Name and Address Falcon Properties Inc. Distinguished Programs Insurance Brokerage, LLC 147 west 35th street #1605 1180 Avenue of the Americas, 16th Floor NEW YORK, NY 10001 New York, NY 10036 Commercial Umbrella - Limits of Insurance Liability 10,000,000 Each Occurrence 10,000,000 General Aggregate (where applicable) self-insured Retention (per occurrence) 10,000,000 Products & Completed Operations $250,000 Catastrophe Management Sublimit of Insurance XS-41450a (01/15) FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 Schedule of Underlying Insurance for Insured Member CARRIER LIMIT TYPE POLICY TYPE & LIMIT COVERAGE TRIGGER EFFECTIVE DATES AMOUNT DEFENSE TREATMENT RETRO ACTIVE DATE General Liability Hartford Fire Insurance Company 2021-05-16 to 2022-05-16 $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products Completed Ops Aggregate 10 UUN HV7585 $1,000,000 Personal & Advertising Injury Non- Owned and Hired Trumbull Insurance Company Automobile Liability 2021-05-16 to 2022-05-16 10 UUN HV7585 $1,000,000 Each Accident Employee Benefits Liability Hartford Fire Insurance Company 2021-05-16 to 2022-05-16 (Claims Made) Retro Date: 2015-05-08 $1,000,000 Each Occurrence or Each Claim 10 UUN HV7585 $1,000,000 Aggregate All underlying carriers must be rated A- VI or better by A.M. Best. Ineligible underlying insurers include Lloyd's Underwriters/Syndicates. FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 Schedule of Designated Locations for Insured Member See Attached Schedule of Designated Locations CC1E15 (11/15) Schedule of Named Insureds for Insured Member See Attached Named Insured Endorsement XS-24545 (03/08) Supplemental Extended Reporting Period Additional Premium Coverage ERP Premium CONDOMINIUM/COOPERATIVE D&O LIABILITY LIMITATION ENDORSEMENT - NEW YORK Supplemental Extended Reporting Period Premium Excludes Condominium Hotels and Employment Practices The coverage provided to Insured Member under the Master Policy and this Member Endorsement is further modified as provided by the Forms and Endorsements shown in the Schedule below: Authorized Representative Date: 06/04/2021 XS-41450a (01/15) FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 THIS PARTICIPATION AGREEMENT AND DISCLOSURE STATEMENT MUST BE PROVIDED BY YOU TO THE INSURED PRIOR TO BINDING ANY COVERAGE. PARTICIPATION AGREEMENT AND DISCLOSURE STATEMENT Distinguished Properties Umbrella Managers Inc. ("Purchasing Group") is a purchasing group as defined in the federal Risk Retention Act Amendments of 1986, and is organized under the laws of the state of Delaware. The Purchasing Group, through authorized brokers, is authorized to purchase insurance for its members (real estate property owners, managers and other controlling interests). The broker purchases master policies of insurance on behalf of the Purchasing Group and its members. The cost of obtaining these policies includes premiums, commissions paid to agents or brokers, fees to third-party claims adjusters and claims payment services, and general administration fees and expenses, including fees paid to the Purchasing Group Manager, which performs various services, including clerical, accounting and statistical services. Purchasing Group's officers or designees may at their discretion allocate such costs associated with obtaining and administering these policies among premium" the members of the Purchasing Group. For example, because some insurers charge a "flat per Member for covering all Purchasing Group Members, in years where the Program either attracts more members than originally budgeted, or for other reasons, the Program can receive "excess premium." In other years, the Program may attract fewer members than budgeted, in which case there may be a deficit, that will have to be made up by the Purchasing Group. Accordingly, the Purchasing premium" Group Officers or their designees must be authorized to retain any "excess to be used to pay a shortfall in another Program Year, or to allocate some of the excess premium to reduce the total premium cost for Members in a particular Program Year, all at the discretion of the Purchasing Group's Officers or their designees. At no time will any excess premium be used to personally benefit any Purchasing Group Officer or their family or affiliates. All such premiums, commission, fees and expenses are non-auditable. By accepting the insurance offered in the Proposal or Certificate, incorporated with this document by reference, the individuals and/or entity(s) identified in the "Named Insured" schedule (hereafter, "Member") becomes a Member of Purchasing Group and agrees to participate in the insurance program offered by Purchasing Group through its authorized insurance broker. Member hereby acknowledges that the cost to Purchasing Group for securing the insurance policies on behalf of its members includes the premiums, commissions, and the administrative and management fees and expenses referred to above ("Program Costs"). Member (i) understands that the quoted amount payable by the Member includes its share of these Program Costs, as allocated by Purchasing Group's officers or designees, and (ii) agrees to pay its share of these Program Costs, stated in the quotation or invoice, as a condition of membership in the Purchasing Group. Member further acknowledges that the Program Costs may also include taxes and fees assessed by applicable states. As a member of Purchasing Group, Member shall be entitled to participate in the insurance program offered by Purchasing Group, through its authorized broker, and shall have an opportunity with all other members to apply for and purchase insurance coverages offered on behalf of Purchasing Group. Except as otherwise specified in this document, Member shall have no rights regarding the general governance ofPurchasing Group and shall not have or succeed to any voting rights with respect to the corporate affairs of Purchasing Group. FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 sed wick. See, when there s no contract, no license, and no insurance, there's also no protection should a contractor's worker get injured on the job. When that happens, bad contractors typically take flight-and leave you holding the bag to the tune of tens of thousands of dollars or more. Fortunately, you can mitigate this risk and protect your assets with Sedgwick Repair Solutions, a service that's already built-in to your Distinguished Programs membership. Sedgwick offers you access to a nationwide network of trusted contractors whose insurance policies have been verified current, comprehensive and complete.What's more, Sedgwick's unique warranty program covers the contractor's labor and workmanship within a specific period and guarantees the contractor's finished work. If something happens to the contractor before their warranty ends, Sedgwick assumes the remainder of the warranty period. To Mitigate Your Liability Risks, Connect with the Right Contractor CALL SEDGWICK REPAIR SOLUTIONS AT 800.587.4243 FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 TRUSTED CONTRACTORS, PROPERLY LICENSED AND INSURED TO ELIMINATE RISK Avoid the iffy results and outright nightmares that search engines and unverifiable testimonials can lead to. Licensed and vetted, credentialed and prescreened, the local contractors recruited by Sedgwick represent the very best in the industry. You'll be put in touch with a prequalified, insured professional $killed in the services you need at a tair price General services " services " Remodeling, reconstruction and repair contracting Consulting Sidewalk repair " Water damage restoration " Mold restoration " and gutter work Siding Fire/smoke restoration " Roof repair " 24-hour response emergency STEP 1 General Contracting or repair work is needed. Property owner or manager calls Sedgwick with Distinguished Programs certificate number handy STEP 2 Sedgwick representative confirms caller is a Distinguished Programs member and selects contractor to review the project STEP 3 Contractor reviews the project scope and submits a bid STEP 4 Property owner or manager reviews the bid and decides whether to hire contractor, or someone else STEP 5 If property owner or manager selects contractor, Sedgwick benefits kick in "Service was exceptional. Neighbors weren't so lucky and are still waiting on contractors. Very pleased service." with Hampton - Texas "The contractor was impeccable! There should have been a 1-50 scale because I would have given a wonderful!" 50. Sedgwick was Jadhon - New York "The contractors were amazing and very professional. They made sure that everything was renovated destroyed." and went the extra mile to make sure that my plants were not Amalu - Arizona FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 MANAGING RISK: Preventing Legionella WHAT'S AT RISK? Legionella of bacterium is a type found naturally in fresh water. When people are exposed to the bacterium, it can ... (Legionnaires' cause illness disease and Pontiac fever). This bacterium grows best in warm water, like the kind found in: " Hot tubs " Cooling towers " Hot water tanks " Large plumbing systems " Decorative fountains People are exposed to Legionella when they breathe in a mist or vapor (small droplets of water in the air) containing the Legionnaires' bacteria. Each year,8,000-18,000 people in the United States are hospitalized with disease. According to the U.S. Centers for Disease Control and Prevention, between 5% and 30% of those afi icted with the disease die. WHAT ARE YOUR LEGAL OBLIGATIONS? Legionnaires' More than 120 people in the South Bronx contracted disease between early July and early August, 12 of whom died. A hotel cooling tower was implicated in the outbreak. Property owners and managers have a common law duty to exert a high level of care for its employees and visitors to its facilities. Legionella has the potential to surface at any building. Many facilities harbor the bacteria in small quantities without issue, but maintaining proper standards and preventative maintenance of cooling towers and plumbing systems is imperative to keep legionella at bay and help lower risk of an outbreak. Ongoing testing and upkeep is essential as there is no water treatment and maintenance system guaranteed to fully and permanently eradicate the organism. If your property resides in New York the NYSDOH put in place emergency regulations, which are directed towards owners of cooling towers, hospitals and residential health care facilities. HOW CAN YOU BETTER PROTECT YOUR OGANIZATION? For some suggestions designed to assist you in developing sound policies and procedures for your organization, please turn this document over and review the attached checklist. For more information about this and other hospitality risk management topics, please contact: Kurt Meister Vice President of Sales kmeister@distinguished.com 425-213-5125 www.distinguished.com ........................................................... FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 CHECKLIST: CONTROLLING EXPOSURES TO LEGIONELLA MakeSure: Maintain anti-corrosion and scale prevention programs. Maintain stringent recording policies to ensure preventative Legionella thrives in scale and mineral deposits in water measures are taken in a timely manner. This can include lines - especially warm water lines - so be sure that those activities like cleanings, biocide addition, etc. lines remain clean. Use scale inhibitors where appropriate. Regularly check the cooling tower for evidence of biofouling Store domestic hot water at 140°F and deliver it at a (accumulation of microorganisms, plants, algae, or animals minimum of 122°F. High temperatures efiectively kill the on wetted surfaces). Legionella often use common amoebae bacteria. Unfortunately, even a few degrees below 122°F, or protozoa as host organisms, so by controlling the overall legionella thrives and multiplies quickly, so it's imperative microbiological population, you can inhibit legionella that temperatures stay in a safe range. growth. Install and maintain high-efi ciency mist eliminators on Create an interdisciplinary response team. Responding to cooling towers. According to early reports, it appears that Legionella and other infectious waterborne pathogens found those who contracted the disease were not in the impacted in your water system requires a team efiort. This team should buildings at all, rather they were exposed to the mist that include someone in your organization with knowledge of rained down to the street from the cooling towers. and issues, your water treatment health safety company representative, a laboratory with Legionella expertise, and a Legionella risk management professional. The team can provide a proactive plan for prevention as well as develop an Twice-yearly washout and cleaning programs, including emergency action plan to follow if needed. oxidizing disinfections. New York State Department of Health Emergency Regulations: The NYSDOH put in place emergency regulations, effective August 17, 2015 which were directed towards owners of cooling towers, hospitals and residential health care facilities all across New York State. The NYSDOH regulations are a more stringent than the NYC order and require: Registration of cooling towers. Samples to be obtained from the cooler tower and analyzed for Legionella cultures. Disinfection and treatment for the cooler tower depending on sampling results. Certification to be completed annually indicating that the cooling tower has been inspected, tested, cleaned and disinfected. Implementation of an annual maintenance program including routine sampling and analysis. The information contained in this publication was obtained from sources believed to be reliable. Any opinions expressed herein are not necessarily those of Distinguished. Distinguished makes no representation or guarantee as to the correctness or suii ciency of any information contained herein, nor a guarantee of results based upon the use ofthis information, and disclaims allwarrantieswhetherimplied, express orstatutory,including without limitation, implied warranties of merchantability, fitness for use and fitness for a particular purpose. You assume the entire risk as to the use of this information, and Distinguished assumes no liability in connection with either the information presented or use of the suggestions made in this publication. No part of this document or any of our other risk control documents is a representation that coverage does or does not exist for any particular claim or type of claim under any such policy. Whether coverage exists or does not exist for any particular claim under any such policy depends on the facts and circumstances involved in the claim and all applicable policy wording. .........................................................." 2 FILED: NEW YORK COUNTY CLERK 09/11/2023 09:13 AM INDEX NO. 160393/2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/11/2023 UMBRELLA DIRECT CLAIMS REPORTING INSTRUCTIONS DISTINGUISHED PROPERTIES UMBRELLA MANAGERS INC. PURCHASING GROUP Members' " Email all claim documents to the applicable umbrella insurers (see the Certificate directly of PG Participation for a list of participating insurers) at the appropriate email addresses listed below. " Submit a complete