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HomeMy WebLinkAbout132094 FUNDING PARTNERS FOR HOUSING SOLUTIONS INC - CONTRACT - AGREEMENT MISC - FUNDING PARTNERS FOR HOUSING SOLUTIONS INC (2)Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 1 of 15 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and FUNDING PARTNERS FOR HOUSING SOLUTIONS DBA FUNDING PARTNERS, a Colorado non-profit corporation, hereinafter referred to as "Contractor". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Contractor agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Contractor shall be solely responsible for performance of all duties hereunder. Services may include necessary loan application processing functions under one or more distinct programs offered through the City or City-controlled enterprise unit(s) (the “Programs”). Additional Scopes of Work may be added under this Agreement at any time upon mutual agreement of the parties, in writing and signed by both parties. Contractor represents that it has the authority, capacity, experience, and expertise to perform all Services in compliance with the provisions of this Agreement and all applicable law, regulation, or executive order. The City reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. The City reserves the right to use other resources to perform certain Services at the City’s discretion and upon written notice to Contractor. Nothing in this Agreement obligates the City to a minimum or maximum level of activity upon which the Contractor may rely. In the event of any conflict between this Agreement and Exhibit A, the provisions of this Agreement shall prevail. 2. Contract Period. This Agreement shall commence November 1, 2017, and shall continue in full force and effect until October 31, 2018, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Contractor and mailed no later than thirty (30) days prior to contract end. 3. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation of funds sufficient and intended therefore by the Fort Collins City Council. The City shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 2 of 15 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Contractor must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Termination a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The City shall be liable to pay the Contractor for Services performed as of the effective date of termination, but shall not be liable to the Contractor for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of such termination by the City, the City shall be liable to pay the Contractor for Services performed as of the effective date of termination, but shall not be liable to Contractor for anticipated profits; provided, however, that the Contractor shall not be relieved of liability to the City for any damages sustained by the City by virtue of any default under this Contract, and the City may withhold payment to the Contractor for the purposes of setoff until such time as the exact amount of damages is determined. 6. Notices. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Contractor: City: Copy to: Funding Partners for Housing Solutions Attn: Megan Ferguson 214 S College Ave., 2nd Floor Fort Collins, CO 80524 City of Fort Collins Attn: * See Below PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 * City point of contacts by project: Landmark Rehabilitation Loan Program – Karen McWilliams On-Bill Financing Program – John Phelan Air Quality Improvement Program – Cassie Archuleta In the event of early termination by the City, the Contractor shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Contractor's obligations under this Agreement. Such payment shall be the Contractor's sole right and remedy for such termination. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 3 of 15 7. Compensation. The City shall pay the Contractor for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of five (5) pages, and Exhibit "B", consisting of one (1) pages, and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Contractor. The services to be performed by Contractor are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Contractor's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Contractor may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Contractor. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Contractor warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 4 of 15 respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Contractor warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Contractor in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Contractor agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Contractor shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Contractor before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 5 of 15 insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Contractor will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Contractor is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 6 of 15 contracted with an illegal alien. e. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Red Flags Rules. Contractor must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Contractor must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 22. Special Provisions. a. Contractor hereby certifies that it meets all licensing, insurance, and bonding requirements as required by state law to perform the Services b. Contractor reserves the right to delegate all of its obligations, requirements and performance standards for each Program covered by this Agreement to one of its wholly- owned subsidiaries, Funding Partners Lending LLC, or EnergySmart Partners LLC, or a new wholly-owned subsidiary that may be created. The delegation to a subsidiary entity will be determined by the Contractor at the time of Program implementation and is determined by the type of City program, the program audience, and services and duties provided by Contractor. Contractor will provide written notice of any delegation to the City and the Contractor’s subsidiary entity will be outlined within the Scope of Services for each respective Program in Exhibit A. c. Additional special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “D“ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: FUNDING PARTNERS FOR HOUSING SOLUTIONS By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Sean Doherty Executive Director 12/6/2017 Assistant City Attorney 12/6/2017 City Clerk Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 8 of 15 EXHIBIT A SCOPE OF SERVICES I. LANDMARK REHABILITATION LOAN PROGRAM The Contractor shall provide licensed mortgage loan originator services in compliance with C.R.S. § 12-61-901 et seq. for the City’s Landmark Rehabilitation Loan Program (“Program”). For purposes of this Program, Contractor delegates all its obligations, requirements and performance standards within this Contract and Program Exhibit to its wholly-owned subsidiary Funding Partners Lending LLC (FPL), provided that Contractor remains responsible for ensuring performance of the Services in accordance with the terms of the Contract and this Exhibit. References to Contractor hereinafter shall mean Contractor through its delegee, FPL. The City will email Program applications to the Contractor along with the following documentation: • Total Program funding available for projects; • Work items and costs eligible for Program funding for each application; • Design review ranking of each application work item. The City will designate a Contact Person for this Program. Within two weeks of receiving such information from the City, the Contractor shall review the materials, approve conditional funding for each application, and notify the Contact Person of its funding decisions. If the City approves the funding decisions, the Contractor shall send written notification to each applicant of the funding decision and loan terms and conditions. The maximum loan amount that can be approved by the Contractor is $7,500. The City will pay the approved loan amount directly to the applicant. Once a project approved for funding through the Program has been completed and inspected by the City, the Contractor shall prepare a promissory note and deed of trust in accordance with the Fort Collins Municipal Code. The form of the promissory note and deed of trust shall be approved by the City of Fort Collins Attorney’s Office. Contractor will provide and coordinate presentation of all loan documents to borrower at the time of loan settlement to collect original signatures. Contractor shall retain all original documents and permanent loan file, record all appropriate documents as necessary and as the City may reasonably require, and issue release of collateral obligations for loan repayment upon final satisfaction of the promissory note. Copies of all executed loan documents will be provided to the City as supplement to the itemized transaction invoice. Public recording and other third party fees shall be assessed and collected outside of closing from the City, as detailed within a closing disclosure prepared by Contractor. Contractor is entitled to collect the following compensation to implement the described program, but shall impose no other fees, charges or surcharges from the City, borrower or any other person in connection with the performance of services hereunder: • A one-time loan servicing transfer fee, assessed at $50.00 per file. Payable at the time of servicing transfer from the City to Contractor. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 9 of 15 • A loan origination fee, as disclosed within the most recently published FP Loan Fee Schedule, shall be payable by the City at time of loan closing. • Public recording fees at origination shall be payable by the City, collected at the time of related service. Deed release fees at payoff will remain the responsibility of the borrower. • An annual servicing fee for outstanding loans held in portfolio, as disclosed within the most recently published FP Loan Fee Schedule shall be payable by the City in January of each calendar year based on the City’s outstanding portfolio as of prior 12/31. First annual servicing fee to be assessed January 2018. II. ON-BILL FINANCING PROGRAM The Contractor shall provide licensed mortgage loan originator services in compliance with C.R.S. § 12-61-901 et seq. for the City’s On-Bill Financing Program (“Program”). For purposes of this Program, Contractor delegates all its obligations, requirements and performance standards within this Contract and Program Exhibit to its wholly-owned subsidiary EnergySmart Partners LLC (ESP), provided that Contractor remains responsible for ensuring performance of the Services in accordance with the terms of the Contract and this Exhibit. References to Contractor hereinafter shall mean Contractor through its delegee, ESP. Details of the On-Bill Financing Program are described in the City of Fort Collins Utilities Financial Officer’s Rules and Regulations (the “Financial Officer’s Rules”). Contractor certifies that they shall follow these rules and regulations as they relate to Contractor’s responsibilities in this agreement. After initial adoption of the Financial Officer’s Rules, the City will provide 30 days advance notification to the Contractor of any changes to the Financial Officer’s Rules. The form of all notifications, applications, loan documents, and other documentation used by the Contractor in providing the Services hereunder shall be reasonably satisfactory to the City and approved in advance of use by Contractor. Contractor shall retain all original documents and permanent loan file, record all appropriate documents as necessary and as the City may reasonably require, and issue release of collateral obligations upon final satisfaction of the promissory note. The City will service all outstanding loans and payments will be collected through the utility billing system. Contractor is entitled to collect the following compensation to maintain the current scope of services in the program, ESP shall impose no other fees, charges or surcharges on the City, borrower or any other person in connection with the performance of services hereunder: • Ongoing technical assistance charges per Funding Partners 2017 hourly fee schedule as approved by the City. • For the release of recordings with the County upon the completion of loans, Contractor shall bill the City $26 for each loan which is completed and released. • A $150 fee, paid by the borrower, for the fulfillment of subordination requests from existing loan homeowners, including un-recording and then re-recording UCC filings pre and post refinancing of a 1st and second mortgage. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 10 of 15 III. AIR QUALITY IMPROVEMENT LOAN PROGRAM AIR QUALITY IMPROVEMENT LOAN PROGRAM The Contractor shall provide licensed mortgage loan originator services in compliance with C.R.S. § 12-61-901 et seq. for the City’s Air Quality Improvement Loan Program (“Program”). For purposes of this Program, Contractor delegates all its obligations, requirements and performance standards within this Contract and Program Exhibit to its wholly-owned subsidiary EnergySmart Partners LLC (ESP), provided that Contractor remains responsible for ensuring performance of the Services in accordance with the terms of the Contract and this Exhibit. References to Contractor hereinafter shall mean Contractor through its delegee, ESP. The City will refer Program applicants to the Contractor to complete credit application forms including the following: • Completed online or paper application. • Signed Authorization to Release Information. • $25 Credit Report fee paid online by the applicant or directly to Contractor by check. • Proposed Scope of Work (subject to the approval of the City). The City will designate a Contact Person for this Program. Within 4 business hours of receiving all required information from the applicant, the Contractor shall review the application and credit and provide written notification to the City, the applicant and their Project contractor of the credit decision, loan terms and conditions. The maximum loan amount that can be approved by the Contractor is $3,000. The City will send payment of the approved loan amounts to the Contractor weekly by City of Fort Collins check or Automated Clearing House (ACH). The form of all notifications, applications, loan documents, and other documentation used by the Contractor in providing the Services hereunder shall be reasonably satisfactory to the City and approved in advance of use by Contractor. Contractor will prepare loan closing documents that shall include a lien waiver and completion of work affidavit wherein the borrower and Project contractor must acknowledge the amount paid to the project contractor upon loan settlement. The project contractor shall acknowledge that all work is or will be completed according to local standards and in a good and workmanlike fashion within the agreed upon timeframe and shall verify that all suppliers and/or subcontractors for the project are paid in full with no further recourse to the borrower, and furnish lien waivers to that effect. Application, public recording and other third party fees shall be assessed and collected at time of settlement, as detailed within a settlement statement prepared by Contractor. Contractor will present all loan documents to borrower at the time of loan settlement. Each Borrower must acknowledge receipt of a standard Colorado notice of rescission, allowing cancellation of the loan within 3 business days of settlement. The loan documents must be signed in the presence of a notary public, which will be arranged between Contractor and the borrower. Upon receipt and acceptance of completed and signed lien waiver and completion of work affidavit from the Project contractor and, if applicable, subcontractors, Contractor shall release loan DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 11 of 15 proceeds, less its own fees, directly to Project contractor upon confirmation that all work is complete. Disbursement of funds is prohibited prior to expiration of the rescission period. Contractor shall retain all original documents and permanent loan file, record loan documents and UCC filings as appropriate and as reasonably required by the City, shall process and issue subsequent project draw requests, and issue release of collateral obligations upon final satisfaction of the promissory note. Copies of all executed loan documents will be provided to City of Fort Collins post closing. Contractor will service all outstanding loans and payments will be collected via ACH payment draft from borrower’s bank account through a participating depository institution. Contractor is entitled to collect the following compensation to implement the described program, but shall impose no other fees, charges or surcharges from the City, borrower or any other person in connection with the performance of services hereunder:  A loan origination fee, as disclosed within the most recently published FP Loan Fee Schedule, shall be payable by the City at time of loan closing.  Public recording and release fees shall be payable by the City, collected at the time of related service.  An annual servicing fee for outstanding loans held in portfolio, as disclosed within the most recently published FP Loan Fee Schedule shall be payable by the City in each calendar year. Contractor shall remit Program payments, portfolio status reports, and other applicable documents to the City by the 15th day of each month. FP must review and approve any commercial communication, marketing or advertising collateral related to mortgage financing to ensure compliance with state and federal regulations under The Mortgage Acts and Practices – Advertising Rule. Commercial Communication defined as: any written or oral statement, illustration, or depiction, whether in English or any other language, that is designed to effect a sale or create interest in purchasing goods, or services, whether it appears on or in a label, package, package insert, radio, television, cable television, brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalogue, poster, chart, billboard, public transit card, point of purchase display, film, slide, audio program transmitted over a telephone system, telemarketing script, on‐hold script, upsell script, training materials provided to telemarketing firms, infomercial, the Internet, cellular network, or any other medium. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 12 of 15 IV. LOAN ORIGINATING AND SERVICING TASK LIST A. Servicing Data entry to servicing software Verify payment method with borrower (check mail in, ACH automatic withdrawal) Monthly statement to borrower (USPS mail or e‐statement) Entry of monthly payments upon receipt Monthly Lender package mailed to Lender (City of Ft. Collins) Lender statement with previous month’s outstanding portfolio, payments received, and delinquencies • Check payable to Lender for payments/payoffs received in previous month Quarterly Production Reports to Lender • Summary of cumulative program production, broken out per year. • Includes borrower name, loan amount, approval & closing dates, loan term, credit score, etc. Prepare payoff statements/balance inquiry upon request Intake for subordination requests • Subordination review • Subordination Authorization • Prepare Subordination Agreement, sign & notarize • Record Subordination Agreement with Larimer County Process Payoff Payments • Final payment clears, applied to loan file • Cancel ACH (as applicable) • Prepare release of Deed of Trust • Obtain original Promissory Note • Record release of lien with Larimer County • Original Deed of Trust and Promissory Note returned to borrower as evidence of release and payment in full. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 13 of 15 EXHIBIT B COST SHEET DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 14 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Service Agreement with Red Flags & Confidentiality MISC 2017 – Funding Partners Page 15 of 15 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Contractor shall not disclose any such information to any person not having a legitimate need- to-know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City’s remedies at law for a breach of the Contractor’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form G-3187-0 IMPORTANT NOTICE TO OUR POLICYHOLDERS THANK YOU FOR RENEWING YOUR POLICY WITH THE HARTFORD. WITH THIS NOTICE WE ARE PROVIDING YOU ONLY WITH THE DECLARATIONS PAGE, WHICH OUTLINES YOUR COVERAGES, AND WITH THOSE POLICY FORMS, NOTICES, AND BROCHURES WHICH ARE DIFFERENT FROM THOSE WHICH WE PROVIDED WITH YOUR PREVIOUS POLICY. YOU ______SHOULD ________RETAIN ________ALL _____OF ____THESE _____ DOCUMENTS _____________AND _____THOSE _______PROVIDED __________WITH ______YOUR ______PREVIOUS __________POLICY _______INDEFINITELY _____________SO THAT YOU WILL HAVE A COMPLETE SET OF POLICY FORMS AT ALL TIMES FOR YOUR REFERENCE. IF YOU HAVE QUESTIONS, OR IF AT ANY TIME YOU NEED COPIES OF ANY OF THE FORMS LISTED ON YOUR POLICY, PLEASE CALL YOUR HARTFORD AGENT OR BROKER, OR THE OFFICE OF THE HARTFORD IDENTIFIED ON YOUR POLICY, AS APPROPRIATE. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form 100722 11th Rev. Printed in U.S.A. Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly, you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information, please contact us at 866-467-8730, and we will be happy to assist you. o Your total policy premium will appear on your policy’s Declarations Page. You will be billed based on the payment plan you selected. o You may pay the "minimum due" as it appears on your insurance bill or pay the policy balance in full. o An installment service fee is added to each installment. A late fee will also be applied if the "minimum due" is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. o If you selected installment billing, any credit or additional premium due as the result of a change made to your policy, will be spread over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. o If you elected Electronic Funds Transfer (EFT), policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal, please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. o If you selected installment billing and pay the premiums for your first policy term on time, at renewal, your account may qualify for our "Equal Installment" feature. This means that the percentage due for each installment, including the initial renewal installment, will be the same throughout the policy term – helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments, future renewals will be billed based on the payment plan you selected, which includes a higher initial installment amount. o If your policy is eligible for renewal, your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy’s renewal date. If your insurance needs change, please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. o One bill convenience -- you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You’re In Control In addition to selecting a bill plan option that best meets your budget, you have the flexibility to decide how your payments are made … o Repetitive EFT: Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. o Pay Online: Register at www.thehartford.com/servicecenter. Online Bill Pay is Quick, Easy and Secure! o Pay by Check: Send a check with your remittance stub in the envelope provided with your bill. o Pay by Phone: Call toll-free 1-866-467-8730. Should you have any questions about your bill, please call Customer Service toll-free number: 1-866-467-8730 - 7AM – 7PM CST. We look forward to being of service to you. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 89 93 07 16 Page 1 of 1 © 2016, The Hartford IMPORTANT NOTICE TO POLICYHOLDERS THE HARTFORD CYBER CENTER WEBSITE ACCESS Thank you for choosing The Hartford for your business insurance needs. You are receiving this Notice because you purchased a business owner's policy from The Hartford, (your Policy was issued by The Hartford writing company identified on your policy Declarations page) which includes access to The Hartford Cyber Center. This portal was created because we recognize that businesses face a variety of cyber-related exposures and need help managing the related risks. These exposures include data breaches, computer virus attacks and cyber extortion threats. Through The Hartford Cyber Center, you have access to: o A panel of third party incident response service providers o Third party cybersecurity pre-incident service providers and a list of approved services to help protect your business before a cyber-threat occurs o Risk management tools, including self-assessments, best practice guides, templates, sample incident response plans, and data breach cost calculators o White papers, blogs and webinars from leading privacy and security practitioners o Up-to-date cyber-related news and events, including examples of privacy and security related events Accessing The Hartford Cyber Center is easy 1. Visit www.thehartford.com/cybercenter 2. Enter policyholder information 3. Access code: 952689 4. Login to The Hartford Cyber Center This Notice does not amend or otherwise affect the provisions of your business owner's policy. Coverage Options: The Hartford offers a variety of endorsements to your business owner's policy that can help protect your business from a broad range of cyber-related threats. Please review your coverage with your insurance agent or broker to determine the most appropriate cyber coverages and limits for your business. Claims Reporting: If you have a claim, you can report it by calling The Hartford's toll-free claims line at 1-888-772-1798. Should you have any questions, please contact your insurance agent, broker or you may contact us directly. We appreciate your business and look forward to being of continued service to you. Please be aware that: o The Hartford Cyber Center is a proprietary web portal exclusively provided to customers of The Hartford. Please do not share the access code with anyone outside your organization. o Registration is required to access the Cyber Center. You may register as many users as necessary. o Contacting a service provider about any issue does not constitute providing The Hartford notice of a claim as required under your insurance policy. Read your insurance policy and discuss any questions with your agent or broker. The Hartford Cyber Center provides third party service provider references and materials for educational purposes only. The Hartford does not specifically endorse any such service provider within The Hartford Cyber Center and hereby disclaims all liability with respect to use of or reliance on such service providers. All service providers are independent contractors and not agents of The Hartford. The Hartford does not warrant the performance of the service providers, even if such services are covered under your Business Owners Policy. We strongly encourage you to conduct your own assessments of the service providers' services and the fitness or adequacy of such services for your particular needs. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 00 01 03 14 Page 1 of 1 ® Business Owner’s Policy DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form G-3418-0 PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford’s producer compensation practices at www.TheHartford.com or at 1-800-592-5717. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 34 SBA II7479 $13.00 POLICY NUMBER: THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. Form SS 83 76 01 15 Page 1 of 2 © 2015 , The Hartford (Includes copyrighted material of the Insurance Services Office, Inc., with its permission.) DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium: $ A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, as amended (TRIA), we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for "certified acts of terrorism" under TRIA. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement. B. The following definition is added with respect to the provisions of this endorsement: 1. A "certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of TRIA, to be an act of terrorism under TRIA. The criteria contained in TRIA for a "certified act of terrorism" include the following: a. The act results in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to TRIA; and b. The act results in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion C. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of insured losses, as indicated in the table below, attributable to "certified acts of terrorism" under TRIA that exceeds the applicable insurer deductible: Calendar Year Federal Share of Terrorism Losses 2015 85% 2016 84% 2017 83% 2018 82% 2019 81% 2020 or later 80% Form SS 83 76 01 15 Page 2 of 2 D. Cap On Insurer Liability for Terrorism Losses If aggregate industry insured losses attributable to "certified acts of terrorism" under TRIA exceed $100 billion in a calendar year and we have met, or will meet, our insurer deductible under TRIA, we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion. In such case, your coverage for terrorism losses may be reduced on a pro-rata basis in accordance with procedures established by the Treasury, based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. Application of Other Exclusions The terms and limitations of any terrorism exclusion, the inapplicability or omission of a terrorism exclusion, or the inclusion of terrorism coverage, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form, Coverage Part or Policy. F. All other terms and conditions remain the same. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 90 03 03 17 Page 1 of 1 © 2017, The Hartford IMPORTANT NOTICE TO POLICYHOLDERS - UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT Thank you for trusting The Hartford with your Business Insurance needs. You are receiving this Notice because an Unmanned Aircraft - Liability Endorsement (Form SS 42 06) has been added to your policy. This form modifies the Aircraft, Auto or Watercraft exclusion such that any coverage for unmanned aircraft is completely excluded. This is a reduction in the coverage provided by your policy. In addition, the Personal and Advertising Injury exclusion in your Business Liability Coverage (Form SS 00 08) is revised to exclude coverage for Personal and Advertising Injury damages arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". This is a reduction in the coverage provided by your policy. The changes described above do not impact your policy premium. However; if the box next to Option 1 on Form SS 42 06 (included in your policy package following your declarations page) is selected, Bodily Injury and Property Damage coverage for "unmanned aircraft" applies to your policy. If the box next to Option 2 is selected, Personal and Advertising Injury coverage for "unmanned aircraft" applies to your policy. If neither option is selected, you may have the option of purchasing Bodily Injury and Property Damage coverage for "unmanned aircraft," Personal and Advertising Injury coverage for "unmanned aircraft" or both for an additional premium. Please contact your agent, broker or representative of The Hartford to understand if your business is eligible to purchase these coverages or for any questions about these changes. Please be aware that no coverage is provided by this Notice nor should it be construed to replace any provision of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is a conflict between the policy and this Notice, the provisions of the policy shall prevail. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 90 04 03 17 Page 1 of 1 © 2017, The Hartford IMPORTANT NOTICE TO POLICYHOLDERS - EXCLUSION - UNMANNED AIRCRAFT (PROPERTY) Thank you for trusting The Hartford with your Business Insurance needs. You are receiving this Notice because an Exclusion - Unmanned Aircraft (Property) Form SS 51 11 has been added to your policy. This form clarifies that the term "aircraft" listed in the Property Not Covered section of your Special Property Coverage Form (SS 00 07), is also intended to apply to "unmanned aircraft", more commonly known as drones. This clarification does not impact the coverage provided by your policy. This change does not impact your policy premium. Please contact your agent, broker or representative of The Hartford with any questions. Please be aware that no coverage is provided by this Notice nor should it be construed to replace any provision of your policy. You should read your policy and review your Declarations Page for complete information on the coverages you are provided. If there is a conflict between the policy and this Notice, the provisions of the policy shall prevail. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form PC-374-0 Printed in U.S.A. IMPORTANT NOTICE TO POLICYHOLDERS To help your insurance keep pace with increasing costs, we have increased your amount of insurance . . . giving you better protection in case of either a partial, or total loss to your property. If you feel the new amount is not the proper one, please contact your agent or broker. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 001 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 79 74 II SBA SENTINEL INSURANCE COMPANY, LIMITED ONE HARTFORD PLAZA, HARTFORD, CT 06155 A 34 SBA II7479 SC MILE HIGH COMMUNITY LOAN FUND & FUNDING PARTNERS 1905 N SHERMAN ST STE 210 DENVER CO 80203 05/15/17 05/15/18 1 YEAR SUNAHARA INSURANCE AGENCY LLC 345361 34 SBA II7479 CORPORATION NON-AUDITABLE SPECIAL $656 03/14/17 Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: This Spectrum Policy consists of the Declarations, Coverage Forms, Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy. This insurance is provided by the stock insurance company of The Hartford Insurance Group shown below. INSURER: COMPANY CODE: Policy Number: SPECTRUM POLICY DECLARATIONS Named Insured and Mailing Address: (No., Street, Town, State, Zip Code) Policy Period: From To 12:01 a.m., Standard time at your mailing address shown above. Exception: 12 noon in New Hampshire. Name of Agent/Broker: Code: Previous Policy Number: Named Insured is: Audit Period: Type of Property Coverage: Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. ____________________________________________________________________________________________________________________ TOTAL ANNUAL PREMIUM IS: ______________________________________________________________________________________________ Countersigned by Authorized Representative Date DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 002 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 001 001 1905 N SHERMAN ST STE 210 DENVER CO 80203 Mortgage Banker $ 500 PER OCCURRENCE NO COVERAGE $ 18,300 NO COVERAGE MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES NO COVERAGE NO COVERAGE Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: Building: Description of Business: Deductible: BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 003 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 001 001 FINANCIAL SERVICES STRETCH FORM SS 40 13 THIS FORM INCLUDES MANY ADDITIONAL COVERAGES AND EXTENSIONS OF COVERAGES. A SUMMARY OF THE COVERAGE LIMITS IS ATTACHED. LIMITED FUNGI, BACTERIA OR VIRUS COVERAGE: FORM SS 40 93 THIS IS THE MAXIMUM AMOUNT OF INSURANCE FOR THIS COVERAGE, SUBJECT TO ALL PROPERTY LIMITS FOUND ELSEWHERE ON THIS DECLARATION. INCLUDING BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FOR: $ 50,000 30 DAYS Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: Building: PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 004 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 002 001 330 S COLLEGE AVE STE 400 FORT COLLINS CO 80524 Mortgage Banker $ 500 PER OCCURRENCE NO COVERAGE $ 18,300 NO COVERAGE MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES NO COVERAGE NO COVERAGE Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: Building: Description of Business: Deductible: BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 005 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 002 001 FINANCIAL SERVICES STRETCH FORM SS 40 13 THIS FORM INCLUDES MANY ADDITIONAL COVERAGES AND EXTENSIONS OF COVERAGES. A SUMMARY OF THE COVERAGE LIMITS IS ATTACHED. LIMITED FUNGI, BACTERIA OR VIRUS COVERAGE: FORM SS 40 93 THIS IS THE MAXIMUM AMOUNT OF INSURANCE FOR THIS COVERAGE, SUBJECT TO ALL PROPERTY LIMITS FOUND ELSEWHERE ON THIS DECLARATION. INCLUDING BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FOR: $ 50,000 30 DAYS Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: Building: PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 006 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 BUSINESS INCOME AND EXTRA EXPENSE COVERAGE COVERAGE INCLUDES THE FOLLOWING COVERAGE EXTENSIONS: ACTION OF CIVIL AUTHORITY: EXTENDED BUSINESS INCOME: EQUIPMENT BREAKDOWN COVERAGE COVERAGE FOR DIRECT PHYSICAL LOSS DUE TO: MECHANICAL BREAKDOWN, ARTIFICIALLY GENERATED CURRENT AND STEAM EXPLOSION THIS ADDITIONAL COVERAGE INCLUDES THE FOLLOWING EXTENSIONS HAZARDOUS SUBSTANCES EXPEDITING EXPENSES MECHANICAL BREAKDOWN COVERAGE ONLY APPLIES WHEN BUILDING OR BUSINESS PERSONAL PROPERTY IS SELECTED ON THE POLICY IDENTITY RECOVERY COVERAGE FORM SS 41 12 12 MONTHS ACTUAL LOSS SUSTAINED 30 DAYS 30 CONSECUTIVE DAYS $ 50,000 $ 50,000 $ 15,000 Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO ALL LOCATIONS DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 007 (CONTINUED ON NEXT PAGE) 03/14/17 05/15/18 34 SBA II7479 $1,000,000 $ 10,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY UNMANNED AIRCRAFT LIABILITY FORM: SS 42 06 $1,000,000 Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES MEDICAL EXPENSES - ANY ONE PERSON PERSONAL AND ADVERTISING INJURY DAMAGES TO PREMISES RENTED TO YOU ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS GENERAL AGGREGATE DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 008 03/14/17 05/15/18 34 SBA II7479 SS 00 01 03 14 SS 00 05 10 08 SS 00 07 07 05 SS 00 08 04 05 SS 00 60 09 15 SS 00 61 09 15 SS 00 64 09 16 SS 84 25 09 07 SS 01 33 11 13 SS 42 06 03 17 SS 04 19 04 09 SS 04 22 07 05 SS 04 30 07 05 SS 04 38 09 09 SS 04 39 07 05 SS 04 41 04 09 SS 04 44 07 05 SS 04 45 07 05 SS 04 46 09 14 SS 04 47 04 09 SS 40 13 09 07 SS 40 18 07 05 SS 40 93 07 05 SS 41 12 12 07 SS 41 51 10 09 SS 41 63 06 11 IH 10 01 09 86 SS 05 47 09 15 SS 05 48 03 00 SS 50 06 09 01 SS 50 57 04 05 SS 50 70 09 15 SS 50 72 12 05 SS 51 11 03 17 SS 50 19 01 15 IH 99 40 04 09 IH 99 41 04 09 SS 83 76 01 15 SS 89 93 07 16 Form SS 00 02 12 06 Page Process Date: Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Form Numbers of Forms and Endorsements that apply: DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 84 25 09 07 Page 1 of 2 © 2007, The Hartford FINANCIAL SERVICES STRETCH SUMMARY SUMMARY OF COVERAGE LIMITS This is a summary of the Coverages and the Limits of Insurance provided by the Financial Services Stretch Coverage form SS 40 13 which is included in this policy. No coverage is provided by this summary. Refer to coverage form SS 40 13 to determine the scope of your insurance protection. The Limit of Insurance for the following Additional Coverages are in addition to any other limit of insurance provided under this policy: Coverage Limit Accounts Receivable – On/Off-Premises $ 25,000 Brands and Labels Up to Business Personal Property Limit Claim Expenses $ 10,000 Computer Fraud $ 5,000 Computers and Media $ 15,000 Debris Removal $ 25,000 Fine Arts $ 10,000 Laptop Computers – Worldwide Coverage $ 5,000 Off-Premises Utility Services – Direct Damage $ 10,000 Outdoor Signs Full Value Pairs or Sets Up to Business Personal Property Limit Personal Property of Others $ 10,000 Property at Other Premises $ 10,000 Salespersons’ Samples $ 1,000 Sewer and Drain Back Up Included up to Covered Property Limits Sump Overflow or Sump Pump Failure $ 15,000 Temperature Change $ 10,000 Tenant Building and Business Personal Property Coverage- Required by Lease $ 20,000 Transit Property in the Care of Carriers for Hire $ 10,000 Unauthorized Business Card Use $ 2,500 Valuable Papers and Records – On/Off-Premises $ 25,000 The Limits of Insurance for the following Coverage Extensions are a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Newly Acquired or Constructed Property – 180 Days Building $1,000,000 Business Personal Property $ 500,000 Business Income and Extra Expense $ 500,000 Outdoor Property $ 20,000 aggregate/ $1,000 per item Personal Effects $ 25,000 Property Off-Premises $ 15,000 DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Page 2 of 2 Form SS 84 25 09 07 The following changes apply only if Business Income and Extra Expense are covered under this policy. The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $ 25,000 Business Income Extension for Web Sites $ 10,000/7 days Business Income from Dependent Properties $ 25,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form, whichever applies to the policy: Coverage Limit Extended Business Income 60 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock" Included Mercantile Stock - Sold Included DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 00 05 10 08 © 2008, The Hartford COMMON POLICY CONDITIONS DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 00 05 10 08 QUICK REFERENCE - SPECTRUM POLICY DECLARATIONS and COMMON POLICY CONDITIONS I. DECLARATIONS Named Insured and Mailing Address Policy Period Description and Business Location Coverages and Limits of Insurance II. COMMON POLICY CONDITIONS Beginning on Page A. Cancellation 1 B. Changes 1 C. Concealment, Misrepresentation Or Fraud 2 D. Examination Of Your Books And Records 2 E. Inspections And Surveys 2 F. Insurance Under Two Or More Coverages 2 G. Liberalization 2 H. Other Insurance - Property Coverage 2 I. Premiums 2 J. Transfer Of Rights Of Recovery Against Others To Us 2 K. Transfer Of Your Rights And Duties Under This Policy 3 L. Premium Audit 3 DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form SS 00 05 10 08 Page 1 of 3 © 2008, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission) COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this policy: (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a Covered Cause of Loss, permanent repairs to the building: (a) Have not started; and (b) Have not been contracted for, within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment COMMON POLICY CONDITIONS Page 2 of 3 Form SS 00 05 10 08 C. Concealment, Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination Of Your Books And Records We may examine and audit your books and records as they relate to the policy at any time during the policy period and up to three years afterward. E. Inspections And Surveys 1. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. Any inspections, surveys, reports or recommendations will 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 any person. We do not represent or warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations on our behalf. F. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to, or at any time during, the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance - Property Coverage If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and COMMON POLICY CONDITIONS Form SS 00 05 10 08 Page 3 of 3 a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. K. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of 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 proper temporary custody of your property will have your rights and duties but only with respect to that property. L. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. The premium amount shown in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Any additional premium found to be due as a result of the audit are due and payable on notice to the first Named Insured. If the deposit premium paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must maintain all records related to the coverage provided by this policy and necessary to finalize the premium audit, and send us copies of the same upon our request. Our President and Secretary have signed this policy. Where required by law, the Declarations page has also been countersigned by our duly authorized representative. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 00 64 09 16 Page 1 of 1 © 2016, The Hartford BUSINESS LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT- SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Sub-subparagraph 3.a.(5) of Paragraph 3., Section A. Coverages is deleted and replaced with the following: 3. Coverage Extension - Supplementary Payments: a. (5) 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. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 34 SBA II7479 03/14/17 05/15/18 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 42 06 03 17 Page 1 of 2 Process Date: Policy Expiration Date: UNMANNED AIRCRAFT - LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Option 1: If an "X" is shown in this box, Bodily Injury and Property Damage coverage for Unmanned Aircraft applies and the Unmanned Aircraft Exclusion in Paragraph A.1.g.(1) of this endorsement does not apply. Option 2: If an "X" is shown in this box, Personal And Advertising Injury coverage for Unmanned Aircraft applies and the Unmanned Aircraft - Personal And Advertising Injury Exclusion in Paragraph A.2. of this endorsement does not apply. Except as otherwise stated in this endorsement or the schedule above, the terms and conditions of the policy apply to the insurance stated below. A. The following changes are made to Section B.1., EXCLUSIONS: 1. Paragraph g., Aircraft, Auto or Watercraft, is deleted and replaced with the following: g. Aircraft, Auto or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Paragraph g.(1) 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 that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Paragraph g.(2) 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 (other than "unmanned aircraft), Page 2 of 2 Form SS 42 06 03 17 (e) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Section G Liability and Medical Expenses Definitions, Paragraph 15 f. (2) or f. (3) of the definition of "mobile equipment"; or (f) An aircraft (other than unmanned aircraft) that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. 2. The following is added to Section B. EXCLUSIONS Paragraph p., Personal and Advertising Injury: Unmanned Aircraft - Personal and Advertising Injury Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". 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 offense which caused the "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a) Infringement, in your "advertisement", of: (i) Copyright; (ii) Slogan; or (iii) Title of any literary or artistic work; or (b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". B. The following changes apply to Section G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1. The following definition is added: "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 41 51 10 09 Page 1 of 1 © 2009, The Hartford BUILDING LIMIT- AUTOMATIC INCREASE REVISION This endorsement modifies insurance provided under the following: SPECIAL PROPERTY COVERAGE FORM STANDARD PROPERTY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the policy apply to the insurance stated below. A. Paragraph C.5 Building Limit-Automatic Increase of the SPECIAL PROPERTY COVERAGE FORM or STANDARD PROPERTY COVERAGE FORM is deleted. B. The following is added to Additional Coverages, paragraph A.5 of the SPECIAL PROPERTY COVERAGE FORM or paragraph A.4. of the STANDARD PROPERTY COVERAGE FORM: Building Limit - Automatic Increase a. If the covered loss or damage to Building property at a “scheduled premises” exceeds the Limit of Insurance stated in the Declarations, the Limit of Insurance available for the covered loss or damage in that occurrence will automatically increase by up to 8%. b. The amount of increase will be: (1) The Limit of Insurance for Buildings that applied on the most recent of the policy inception date, policy anniversary date, or the date of any other policy change amending the Building limit, multiplied by (2) The 8% annualized percentage of Automatic Increase, expressed as a decimal (08), multiplied by (3) The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance for Buildings, divided by 365. Example: The applicable Limit of Insurance for Buildings is $100,000. The automatic increase percentage is 8%. The number of days since the beginning of the policy period (or last policy change) is 146. The amount of increase is: $100,000 X .08 X 146 divided by 365 = $3,200 DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 51 11 03 17 Page 1 of 1 EXCLUSION - UNMANNED AIRCRAFT (PROPERTY) This endorsement modifies insurance provided under the following: SPECIAL PROPERTY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the policy apply to the insurance stated below. A. COVERAGE Paragraph A.2., Property Not Covered, Subparagraph a. is deleted and replaced with the following: a. Aircraft (including "unmanned aircraft"), automobiles, motor trucks and other vehicles subject to motor vehicle registration. C. DEFINITIONS The following changes are made to Section G., PROPERTY DEFINITIONS: 1. The following definition is added: "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture to be controlled directly by a person from within or on the aircraft and which is owned by you or owned by others but in your care, custody, or control. "Unmanned aircraft" includes equipment designed for and used exclusively with the "unmanned aircraft", provided such equipment is essential for operation of the "unmanned aircraft" or for executing "unmanned aircraft operations". 2. The following definition is added: "Unmanned aircraft operations" means your business activities in support of the specific operations listed in the Description of Business section of the Declarations. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 Form IH 99 40 04 09 Page 1 of 1 U.S. DEPARTMENT OF THE TREASURY, OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. Collectively, such individuals and companies are called "Specially Designated Nationals and Blocked Persons" or "SDNs". Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC’s web site at – http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN, as identified by OFAC, the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 MILE HIGH COMMUNITY LOAN 34 SBA II7479 05/15/17 05/15/18 SENTINEL INSURANCE COMPANY, LIMITED Form IH 99 41 04 09 Page 1 of 1 Named Insured: Policy Number: Effective Date: Expiration Date: Company Name: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions remain unchanged. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 12/6/2017 Sunahara Insurance Agency LLC / The Ahbe Group 6635 S Dayton St., Ste 360 Greenwood Village CO 80111 Jason Sunahara (303)736-9441 (303)773-8331 info@insuresme.net Mile High Community Loan Fund & Funding Partners 1905 Sherman St #210 Denver CO 80203 The Hartford 29459 Travelers Casualty & Surety of 19046 AmTrustNorth American, Inc 15954 CL174466737 A X X X X 34SBAII7479 5/15/2017 5/15/2018 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 A X X 34SBAII7479 5/15/2017 05/15/2018 1,000,000 B Y UB1H543472 5/15/2017 5/15/2018 X 1,000,000 1,000,000 1,000,000 C Directors and Officers WDO142252201 11/12/2017 11/12/2018 Directors & Officers Agg 2,000,000 City of Fort Collins is an additional Insured for general and auto liability as pertains to the operations of the insured by written contract. Cancellation will be provided 30 days written notice, *Except 10 days for non-payment of policy premium S Ins Agency,/SUNAHA City of Fort Collins PO Box 580 Fort Collins, CO 80522 (970)221-6378 DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 c. Modified after manufacture to be controlled directly by a person from within or on the aircraft. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 "auto" or watercraft that is owned or operated by or rented or loaned to any insured. Paragraph g. (2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (i) Less than 51 feet long; and (ii) Not being used to carry persons for a charge; (c) 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; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. If applicable, on each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Changes in exposures or changes in your business operation, acquisition or use of locations that are not shown in the Declarations may occur during the policy period. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Transfer Of Rights Of Recovery Against Others To Us Applicable to Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property; or 2. After a loss to your Covered Property only if, at time of loss, that party is one of the following: DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled, we will send the first Named Insured any premium refund due. Such refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7 However, if aggregate industry insured losses under TRIA exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. DocuSign Envelope ID: 96F0C774-CA55-4992-A8AE-07E6D68CDCE7