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Home My WebLink AboutContract No. 2015-2663allpffmo Covenant Number: COMMON COVERAGE DECLARATIONS CMC 37961 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST CMC 36768 (Herein called LMCIT) '= ( ).Acilk£ I Item 1. CITY and MAILING ADDRESS !N °'jI_NN I-,SO A COLUMBIA HEIGHTS, CITY OF & -I 11 LS COLUMBIA HEIGHTS EDA HRA 590 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421 -3835 Item 2. COVERAGE PERIOD: From: 06/01/2015 To: 06/01/2016 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE PARTS: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A PREMIUM CHARGE IS STATED: PROPERTY, CRIME, BOND, and PETROFUND Premium Property $ 89,218 Additional Covered Loss or Damages INCLUDED Water and Supplemental Flood Coverage INCLUDED Crime INCLUDED Bond $ 2,079 Petrofund INCLUDED EQUIPMENT BREAKDOWN $ 8,550 MUNICIPAL LIABILITY $ 141,445 Medical and Related Expense NOT COVERED AUTOMOBILE LIABILITY $ 15,036 AUTOMOBILE PHYSICAL DAMAGE $ 14,108 TOTAL $ 270,436 Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: DOES NOT APPLY Item 6. PREMIUM IS DUE AND PAYABLE: QUARTERLY Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS: CCM(I 1/09) Item 8. DECLARATIONS APPLICABLE: DEC - 011(11/09) DEC - 012(11/14) DEC - 013(11/14) DEC - 016(11/14) Executive Director, LMCIT LMCIT DEC -011 (11/86) (Rev. 11/09) COVENANT NUMBER: CMC 37961 COMMON CONDITIONS ALL COVERAGE PARTS INCLUDED IN THIS COVENANT ARE SUBJECT TO THE FOLLOWING CONDITIONS: 1. CANCELLATION AND NON- RENEWAL a. The city shown in the Declarations may cancel this covenant by mailing or delivering to LMCIT advance written notice of cancellation. b. LMCIT may cancel this covenant by mailing or delivering to the city shown in the Declarations written notice of cancellation at least: (1) 10 days before the effective date of the cancellation if LMCIT cancels for nonpayment of premium; or (2) 30 days before the effective date of the cancellation if LMCIT cancels for any other reason. c. LMCIT will mail or deliver its notice to the city shown in the Declarations last mailing address known to LMCIT. d. Notice of cancellation will state the effective date of cancellation. The coverage period will end on that date. c. If this covenant is canceled, LMCIT will send the city shown in the Declarations any premium refund due. If LMCIT cancels, the refund will be pro -rata. If the city cancels, the refund may be less than the pro -rata. The cancellation will be effective even if LMCIT has not made or offered a refund. f. If LMCIT decides not to renew this covenant, LMCIT will mail or deliver to the city shown in the Declaration written notice of the non - renewal not less than 30 days before the expiration date. g. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. CHANGES This covenant contains all the agreements between LMCIT and the city concerning the coverage afforded. The city shown in the Declarations is authorized to make changes in the terms of this coverage agreement with the consent of LMCIT. The coverage terms can be amended or waived only by endorsement issued by LMCIT and made a part of this covenant or by acknowledgment by LMCIT that an endorsement will be issued at a later date. 3. RATING AUTHORITY AND EXAMINATION OF THE CITY'S BOOKS AND RECORDS LMCIT shall have full discretionary authority to promulgate rates and establish the premium to be charged for the coverage period under this covenant. LMCIT may, at its discretion or at the city's request, examine and audit the city's books as they relate to this covenant during the coverage period and up to one year thereafter and, accordingly, make any necessary adjustments in premium. No premium adjustments will be made after one year following the expiration of the coverage period. 4. INSPECTIONS AND SURVEYS LMCIT has the right, but it is not obligated to: a. Make inspections and surveys at any time. b. Give the city reports on the conditions it finds; and c. Recommend changes. Neither LMCIT s right to make inspections nor its making any report thereon shall constitute any undertaking on behalf of or for the benefit of the city or others to determine or warrant that such property or operations are safe or healthful or free from hazard or are in compliance with any law, rule or regulation. These conditions apply not only to LMCIT, but also to any rating advisory, rate service, or similar organization which makes inspections, surveys, reports, or recommendations. 5. PREMIUMS The city shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums. LMCIT CCM (11/89 (Rev. 11/09) Page 1 of 3 COVENANT NUMBER: CMC 37961 6. TRANSFER OF THE CITY'S RIGHTS AND DUTIES UNDER THIS COVENANT The city's rights and duties under this covenant may not be transferred without the written consent of LMCIT. 7. OVERLAP OF COVERAGE In the event of a dispute between LMCIT and one or more insurers as to which policy or coverage agreement applies to a covered loss, LMCIT shall indemnify the city for any legal or other expenses which are necessarily incurred by the city in determining whether LMCIT or the insurer(s) shall bear the loss. Such indemnification shall be made only if it is determined that payment of the loss shall be made under this covenant. If the loss is shared by LMCIT and one or more insurers, indemnification shall be made in the same proportion as the loss payment. The city and LMCIT shall cooperate in the development and execution of reasonable procedures to resolve the dispute. 8. ASSESSISILITY All cities in the joint coverage pool are jointly and severally liable for all claims and expenses of the pool. The amount of any liabilities in excess of assets may be assessed to the members of the pool when a deficiency is identified. 9. NUCLEAR HAZARD LMCIT, under this covenant, does not cover any loss or claim for damage that is caused in part or in total by nuclear reaction or radiation, or radioactive contamination, however caused. 10. CONCEALMENT OR FRAUD This covenant is void if the city has intentionally concealed or misrepresented any material fact or circumstance relating to this covenant. 11. OTHER COVERAGE a. Except as provided in paragraph b., this coverage is excess over the following: (1) Any liability insurance policy of another party on which the covered party is an additional insured or additional named insured. (2) Any other valid and collectible insurance policy or other coverage, whether such other policy or coverage is primary, excess, contingent, or any other basis, unless that policy or coverage is specifically written to be excess over this covenant. b. This coverage is primary for any of the following losses: (1) A covered loss of business personal effects, with respect to any coverage provided under the employee's homeowners' insurance or similar coverage. (2) A covered loss of contents or mobile property in the city's care, custody and control that is used to maintain the operations of the city, with respect to coverage provided under an insurance policy of the owner covering that property. (3) A covered loss resulting from the city's maintenance or use, including loading or unloading, of any owned automobile that is not a trailer. (4) A covered loss resulting from the city's maintenance or use, including loading or unloading, of any trailer the city does not own but which is connected to an owned automobile. (5) Any covered liability claim against a party who has been added by endorsement as an additional covered party under this covenant, unless that endorsement specifically provides that this covenant is excess. (6) A covered loss to a covered automobile as provided by the Municipal Automobile Physical Damage Coverage. (7) A covered loss to a builders risk property as provided by Buildings in the Course of Construction, Alteration or Repair Coverage. 12. RECOVERIES Except as otherwise required by statute, any "net recovery" from a third party on a covered loss will be allocated between the city and LMCIT in proportion to their respective shares of the total covered loss. "Net recovery" means the total amount recovered from a third party; minus the cost of obtaining that recovery; but "net recovery" does not include amounts LMCIT recovers from a reinsurer, The city's share of the covered loss includes any applicable deductible; any amounts for which the city is responsible under any co -pay provisions; and any amounts which exceed the applicable coverage limit. LMCIT CCM (11/89 (Rev. 11/09) Page 2 of 3 COVENANT NUMBER: CMC 37961 13. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO LMCIT Except as provided below, if any person or organization to or for whom LMCIT makes payment under this covenant has rights to recover damages from another, those rights are transferred to LMCIT to the extent of LMCIT's payment. That person or organization must do everything necessary to secure our rights and must do nothing before or after a loss to impair them. a. The city may waive the city's rights against another party in writing prior to a covered loss or damage but this does not apply to a covered loss or damage as provided by the Municipal Bond Coverage or Municipal Crime Coverage. The city does not need to notify LMCIT in writing. b. The city may waive the city's rights against another party in writing after a covered loss or damage as provided by the Municipal Property Coverage, only if at the time of loss that party is one of the following: (1) Another covered party covered by this covenant (2) Another entity (a) Owned or controlled by the city; or (b) That owns or controls the city. 14. DUTY TO COOPERATE The city, or other covered party, including its officers, employees or agents, shall fully cooperate with LMCIT in the processing and investigation of claims under this covenant. In addition, the city, or other covered party, including its officers, employees or agents, shall not take any action nor do anything that would impair or prejudice the investigation or processing of any claim, or LMCIT's defense of any claim or suit. If the city, or other covered party, including its officers, employees or agents fails to cooperate or takes any action or does anything that impairs or prejudices the investigation or processing of any claim, or LMCIT s defense of any claim or suit, LMCIT shall have the right to withdraw coverage with respect to such claim or suit or to modify, cancel or not renew coverage. Notwithstanding the above, nothing herein shall be construed to apply to a legitimate response by the city, a covered party, or any of its officers, employees and agents, to a request for information made as part of a legal proceeding or pursuant to other statutory or legal obligation; nor shall it be deemed to apply to an action brought by a covered party, or any of its officers, employees or agents against the city or another covered party. 15. COVENANT EXPIRATION DATE Covenant expires on the expiration date unless the city has requested that coverage be extended and LMCIT has sent a written confirmation of the extension to the city. 16. RIGHT TO OFFSET Notwithstanding any other provision of this covenant to the contrary, if the city fails to make timely payment of amounts owed to LMCIT, including premiums, penalties, deductibles, co -pays, premium audit adjustments or retrospective rating plan charges, LMCIT, in addition to other remedies available to it, shall have the right to retain and offset any amounts owed to the city and apply the amounts so retained against the unpaid and overdue amounts. Amounts owed to the city, which are subject to an offset include, but are not limited to, dividends, premium audit adjustments, retrospective rating plan adjustments, and claims payments owed to the city by LMCIT. LMCIT CCM (11/89 (Rev. 11/09) Page 3 of 3 Covenant Number: MUNICIPAL PROPERTY, CRIME, BOND, PETROFUND, CMC 37961 and EQUIPMENT BREAKDOWN DECLARATIONS ! Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES r INSURANCE TRUST (Herein called LIVMCIT)�l l�(.) lti Item 1. CITY: COLUMBIA HEIGHTS, CITY OF & Item 2. COVERAGE PERIOD: From: 06/01/2015 To: 06/01/2016 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED: Item 5. COVERAGE PART ONE — PROPERTY Section I — Property General Limit of Coverage Per Occurrence $ 66,041,704 This general limit is subject to the sublimity as described in Section VI, Limits of Coverage and Valuation, and the specific property limit. Terrorism loss occurrence - shared limit $ 50,000,000 This limit is subject to the provisions of the Terrorism Losses - Special Pool Limit Endorsement ME079(11/09) Section II — Additional Covered Loss or Damages 1. Loss of Revenue, Extra Expense and Expediting Expense 2. Demolition and Debris Removal (Direct Physical Damage to Covered Property) (No Direct Physical Damage to Covered Property) 3. Leasehold Interest 4. Accounts Receivable 5. Valuable Papers and Records 6. Utility Services 7. Green Building Expenses 8. Asbestos Clean up, Abatement and Removal 9. Pollutant Cleanup and Removal 10. Errors 11. Rental Reimbursement 12. Arson Reward 13. Extraordinary Expense 14, Data Security Breach Expenses $ 5,000,000. Per Occurrence 25% of the Estimated Replacement Cost of the Covered Property $ 50,000. Per Occurrence $ 500,000. Per Location $ 500,000. Per Location $ 500,000. Per Location $ 100,000. Per Occurrence 1 % of the Contract Cost but not to exceed $100,000. Per Location $ 250,000. Per Location $ 250,000. Per Location $ 500,000. Per Occurrence $ 250,000. Annual Aggregate $ 5,000. Per Fire Loss $ 250,000. Annual Aggregate $ 250,000. Annual Aggregate Section IV - Water and Supplemental Flood Coverage $ 500,000. Per Occurrence $ 500,000. Annual Aggregate LNICIT DEC - 012(11 /86)(Rcv.11/14) Pagel of 3 COVENANT NUMBER: CMC 37961 ( -I 1'It S Item 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN THE Item 7 Item 8. SECTION I COVERAGE; THE SCHEDULE OF COVERED MOBILE PROPERTY FOR THE MOBILE PROPERTY INCLUDED IN THE SECTION I COVERAGE AND THE SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN SECTION IV COVERAGE. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART ONE — PROPERTY $ 1,000 Per Occurrence COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /14) PM- 100(11/03) ME079(11/09) ME063(11/01) MPCBP- 115(11 /05) MPCBP- 209(11/05) PM- 109(11/07) Item 9. MORTGAGE HOLDER (if applicable): Item 10. Item 11 Item 12. COVERAGE PART TWO — CRIME LIMIT OF COVERAGE PER OCCURRENCE $ 250,000 DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART TWO — CRIME $ 1,000 Per Occurrence COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. ME063(11 /01) MPCBP(11 /14) LMCIT DEC- 012(11/86)(Rcv.11/14) Page 2 of3 COVENANT NUMBER: CMC 37961 Item 13. Item 14. COVERAGE PART THREE — BOND r?1� J.C.Ai,;t,1 , I LIMIT OF COVERAGE PER OCCURRENCE: $ 300,000 DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART THREE - BOND $ 1,000 Per Occurrence COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /14) ME063(11 /01) Item 15. COVERAGE PART FOUR — PETROFUND (Claims made) LIMMITS OF REIMBURSEMENT BENEFIT MAXIMUM REIMBURSABLE COSTS AND DEFENSE COSTS EACH TANK RELEASE $ 250,000 REIMBURSABLE COSTS AND DEFENSE COSTS AGREEMENT TERM AGGREGATE $ 250,000 DEDUCTIBLE: COVERAGE PART FOUR - PETROFUND NOT APPLICABLE Item 16. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /14) ME063(11/01) Item 17. EQUIPMENT BREAKDOWN COVERAGE EQUIPMENT BREAKDOWN LIMIT: $ 64,514,250 DEDUCTIBLE: $ 1,000 ANY ONE ACCIDENT Item 18. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. BM- 200(11/13) BM-212 (11/01) PM-100 (11/03) ME063(11/01) LMCIT DEC -012(11 /86)(Rev.11/14) Page 3 of 3 LMCIT PREMIUM BREAKDOWN DATE: 07/09/2015 Coverage Period: 06/01/2015 - 06/01/2016 ME CITY OF: COLUMBIA HEIGHTS, CITY OF & COVERAGE AVERAGE RATE AMOUNT OF COVERAGE PROPERTY (Per $100 Coverage)* $ 64,514,250 EQUIPMENT BREAKDOWN COVERAGE $ 64,514,250 MOBILE PROPERTY(Per $100 Coverage): SCHED.OVER 25,000 UNSCHED.25,000 & LESS MUNICIPAL LIABILITY AUTO LIABILITY & PHYSICAL DAMAGE CRIME - INSIDE /OUT /FORGERY BONDS .37221 $ 1,305,711 $ 221,743 SEE ATTACHED *SEE ATTACHED $ 250,000 $ 300,000 PREMIUM $ 81,805 $ 8,550 $ 4,860 $ 2,553 $ 141,445 $ 29,144 $ $ 2,079 *These AVERAGE RATES are to be used TOTAL PREMIUM: $ 270,436 for ESTIMATES of PREMIUM ALLOCATION ONLY 07/20 PREPARED BY: -- SCHEDULE of VEHICLES - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 VEH# YR TRADE NM MODEL - ID - LIAB PHYD HNO HIRED /NONOWNED $ 64 $ 001 1992 CHEV C15 CARGO VAN 6628 $ 132 $ 43 002 1995 FORD LS9000 ENGINE #1 0058 $ 24 $ 820 003 1985 FORD L9000 ENGINE #4 0591 $ 24 $ 419 004 1990 FORD RESCUE #1 8732 $ 128 $ 445 005 2001 FORD EXPEDITION 7504 $ 81 $ 54 006 1996 DCT TRAILER 1554 $ $ 33 007 1999 FORD TAURUS 8304 $ 81 $ 54 008 1998 HAULMARK TRAILER 9274 $ $ 33 009 2001 FORD TAURUS 2755 $ 81 $ 54 010 2001 SMART TRAILER 8129 $ $ 38 011 1999 FORD VAN 5266 $ 81 $ 54 012 1994 CHEV 3/4 T PICKUP 6180 $ 132 $ 49 013 2002 FORD F -450 TRUCK 7309 $ 132 $ 82 014 1996 FORD F -250 TRUCK 7963 $ 132 $ 42 015 1998 CHEV 3/4 T PICKUP 3335 $ 132 $ 62 016 1994 FORD F700 TRUCK 9182 $ 150 $ 105 017 2001 STERLING POTHOLE 5864 $ 150 $ 237 018 1991 DCT TRAILER 9194 $ $ 33 019 2001 STERLING DUMP TRUCK 1859 $ 150 $ 191 020 1998 FORD K7511 DUMP TRUCK 1035 $ 150 $ 128 021 1996 FORD L8000 8927 $ 150 $ 215 022 1996 KIEFER TRAILER 3408 $ $ 33 023 1996 FORD CLUB WAGON 1223 $ 132 $ 40 024 1995 FORD F -250 5539 $ 132 $ 65 025 2002 FORD E450 AMBULANCE 5524 $ 128 $ 361 026 2000 FELLING TILT TRAILER 3183 $ $ 33 027 2002 FORD TAURUS 7193 $ 309 $ 91 028 2001 FORD F450 TRUCK 5813 $ 132 $ 72 029 2003 FORD F450 TRUCK 3212 $ 132 $ 80 030 1999 TILT TRAILER 0251 $ $ 33 031 2004 FORD F450 TRUCK 1096 $ 132 $ 81 032 2004 FORD E250 VAN 3288 $ 132 $ 40 033 2004 SPARTAN LADDER TRK 7328 $ 24 $ 2,038 034 2004 FORD F250 PICKUP 9439 $ 132 $ 49 035 2005 FORD CROWN VICT 2694 $ 81 $ 54 036 2004 FORD F -350 PICKUP 9438 $ 132 $ 49 037 1998 FORD L800 LIFT TRUCK 7601 $ 150 $ 122 038 2006 INT'L 4300 JETTER 6095 $ 150 $ 483 039 2006 FORD F350 TRUCK 6584 $ 132 $ 54 040 2007 FORD CROWN VICT 7203 $ 81 $ 54 041 2007 FORD CROWN VICT 9245 $ 81 $ 54 SCHEDULE of VEHICLES - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 VEH# YR TRADE NM MODEL - ID - LIAB PHYD 042 2006 FORD F350 TRUCK 6583 $ 132 $ 54 043 2006 FORD F350 TRUCK 6585 $ 132 $ 54 044 2003 FORD E350 VAN 6293 $ 1,504 $ 138 045 2007 FORD CROWN VICT 7454 $ 81 $ 54 046 2007 FORD F150 PICKUP 6537 $ 132 $ 38 047 2008 FORD ESCAPE 3873 $ 81 $ 54 048 2008 FORD TAURUS 0604 $ 81 $ 54 049 2009 FORD F250 PICKUP 6730 $ 132 $ 52 050 2008 DODGE CHARGER 6209 $ 309 $ 91 051 2008 FORD F350 PICKUP 7926 $ 132 $ 126 052 2001 FORD ECONOLINE 3879 $ 132 $ 33 053 2009 DODGE CHARGER 1732 $ 309 $ 91 054 2008 CONTRAIL TRAILER 2244 $ $ 33 055 2009 INT'L DUMP TRUCK 6984 $ 150 $ 348 056 2008 ELGIN EAGLE SWEEPER 9263 $ 150 $ 550 057 2008 FORD TRUCK 8623 $ 150 $ 365 058 2009 INT'L DUMP TRUCK 3631 $ 150 $ 180 059 2009 CHEV IMPALA 3599 $ 309 $ 91 060 2009 ROYAL CARGO TRAILER 1990 $ 132 $ 33 061 2009 FORD CROWN VIC 5132 $ 81 $ 54 062 2011 INT'L CHASSIS 8723 $ 150 $ 187 063 2010 FORD CROWN VIC 5350 $ 309 $ 91 064 2010 FORD CROWN VIC 5351 $ 309 $ 91 065 2010 FORD E150 VAN 8000 $ 132 $ 49 066 2011 FORD F250 PICKUP 6263 $ 132 $ 72 067 2010 CHEV IMPALA 0877 $ 309 $ 91 068 2011 FORD CROWN VIC 7014 $ 309 $ 91 069 2011 FORD CROWN VIC 7015 $ 309 $ 91 070 2011 ELGIN SWEEPER 2199 $ 150 $ 589 071 2012 CHEV TAHOE 0324 $ 24 $ 117 072 2007 FORD ESCAPE 9394 $ 309 $ 91 073 2012 CHEVROLET SUBURBAN 8301 $ 81 $ 54 074 2009 LINCOLN MKS 0243 $ 309 $ 91 075 2013 INT'L DUMP 5856 $ 150 $ 210 076 2013 FORD INTERCEPTO 6911 $ 309 $ 91 077 2013 FORD INTERCEPTO 6912 $ 309 $ 91 078 2013 FORD INTERCEPTO 7266 $ 309 $ 91 079 2013 FORD INTERCEPTO 3226 $ 309 $ 91 080 2012 AZTEX FLOAT TRAI 1643 $ $ 33 081 2013 FORD VAN 4796 $ 132 $ 74 082 2014 FORD F250 0264 $ 132 $ 79 083 2014 INT'L 7500 3928 $ 150 $ 1,121 084 2014 CHEV IMPALA 9728 $ 309 $ 91 SCHEDULE of VEHICLES - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 VEH# YR TRADE NM MODEL - ID - LIAB PHYD 085 2014 FORD EXPLORER 6232 $ 309 $ 91 086 2014 FORD EXPLORER 6233 $ 309 $ 91 087 2015 FORD PICKUP 6358 $ 132 $ 79 088 2015 FORD VAN 8484 $ 132 $ 85 089 2015 TOYOTA HIGHLANDER 6178 $ 309 $ 91 090 2106 INTERNATIONL 4300 3721 $ 150 $ 333 091 2015 DODGE CHARGER 1395 $ 309 $ 91 TOTAL VEHICLES $ 15,036 $ 14,108 TOTAL AUTO PRM $ 29,144 MUNICIPAL LIABILITY - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 PREMIUM -- HAZARD -- BASIS EXPENDITURES $ 27,181,405.00 NO FAULT SEWER BACKUP - $10,000 7,243.00 FIREWORKS 1.00 LAND USE 8,055.00 SEWER BACKUP 7,243.00 EMPLOYMENT 134.00 POLICE DEPARTMENT 26.00 ADVANCED PREMIUM $ 20,249 $ 8,835 $ 225 $ 27,590 $ 22,863 $ 22,126 $ 39,557 TOTAL LIABILITY $ 141,445 MUNICIPAL PROPERTY - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 LOC BLD COV DESCRIPTION COVERAGE PREMIUM 001 001 BLD 965 40TH AVENUE NE 13,497,173 18,958 APARTMENT BLDG. 002 001 BLD 590 40TH AVENUE NE 4,304,740 1,967 CITY HALL 002 001 CNT 590 40TH AVENUE NE 393,337 239 CITY HALL 003 001 BLD 637 38TH AVENUE NE 4,297,577 3,563 MUNICIPAL SERVICE CENTER 003 001 CNT 637 38TH AVENUE NE 262,470 335 MUNICIPAL SERVICE CENTER 004 001 BLD 637 38TH AVENUE NE 142,210 361 TANKS AND PUMPS 005 001 BLD 820 40TH AVENUE NE 2,296,844 1,632 LIBRARY 005 001 CNT 820 40TH AVENUE NE 1,720,112 1,630 LIBRARY 006 001 BLD 4025 VAN BUREN STREET 3,137,145 2,601 PARKING RAMP 007 001 BLD 4700 STINSON BOULEVARD 867,373 330 WATER TOWER- 250,000 GALLONS 008 001 BLD 5225 UNIVERSITY AVENUE NE 514,061 1,348 LIQUOR STORE 008 001 CNT 5225 UNIVERSITY AVENUE NE 178,981 794 LIQUOR STORE 009 001 BLD 530 MILL STREET 3,314,012 2,046 MURZYN HALL 009 001 CNT 530 MILL STREET 921,962 764 MURZYN HALL 010 001 BLD SULLIVAN PARK 107,448 931 RESTROOMS 010 001 CNT SULLIVAN PARK 15,267 132 RESTROOMS 011 001 PIO EDGEMORE PARK 18,180 135 PARK 012 001 BLD GAUVITTE PARK 74,897 648 WARMING HOUSE 013 001 PIO GAUVITTE PARK 19,578 145 PARK 014 001 PIO HILLTOP PARK 25,172 186 PARK 015 001 BLD HUSET PARK 62,573 541 WARMING HOUSE MUNICIPAL PROPERTY - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 LOC BLD COV DESCRIPTION COVERAGE PREMIUM 016 001 BLD HUSET PARK 15,801 195 PRESS BOX (FIELD #5) 017 001 PIO HUSET PARK 84,566 628 PARK 018 001 BLD KEYES PARK 74,897 648 WARMING HOUSE 019 001 PIO KEYES PARK 19,578 145 PARK 020 001 PIO LABELLE PARK 20,978 156 PARK 021 001 PIO LABELLE CIRCLE TERRACE 20,978 156 VARIOUS 022 001 BLD LOMIANKI PARK 52,670 456 WARMING HOUSE 023 001 BLD MCKENNA PARK 74,897 648 WARMING HOUSE 024 001 PIO MCKENNA PARK 19,578 145 PARK 025 001 BLD OSTRANDER PARK 74,897 648 WARMING HOUSE 026 001 PIO OSTRANDER PARK 41,953 311 PARK 027 001 BLD PRESTEMON PARK 53,197 460 WARMING HOUSE 028 001 PIO PRESTEMON PARK 138,202 1,026 PARK 029 001 BLD RAMSDELL PARK 74,897 648 WARMING HOUSE 030 001 PIO RAMSDELL PARK 20,978 156 PARK 031 001 BLD SILVER LAKE BEACH 84,272 729 BEACH HOUSE 032 001 BLD 637 38TH AVENUE NE 361,528 471 MSC BROWN BUILDING 032 001 CNT 637 38TH AVENUE NE 21,056 42 MSC BROWN BUILDING 033 001 PIO SULLIVAN PARK 51,743 384 PARK 034 001 BLD 4400 RESERVOIR BLVD 130,517 77 PUMP STATION #2 034 001 CNT 4400 RESERVOIR BLVD 284,264 202 PUMP STATION #2 035 001 BLD 4633 IVANHOE PLACE 170,652 101 PUMP STATION #3 MUNICIPAL PROPERTY - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 LOC BLD COV DESCRIPTION COVERAGE PREMIUM 035 001 CNT 4633 IVANHOE PLACE 284,264 202 PUMP STATION #3 036 001 BLD 4640 CHATHAM ROAD 45,717 27 LIFT STATION #1 (CHATHAM) 036 001 CNT 4640 CHATHAM ROAD 36,849 26 LIFT STATION #1 (CHATHAM) 037 001 BLD 330 ARGONNE DRIVE 36,869 22 LIFT STATION #2 037 001 CNT 330 ARGONNE DRIVE 36,849 26 LIFT STATION #2 038 001 BLD 4101 STINSON BLVD 85,325 32 LIFT STATION #3 (SILVER LAKE) 038 001 CNT 4101 STINSON BLVD 47,377 22 LIFT STATION #3 (SILVER LAKE) 039 001 BLD 721 51ST AVENUE NE 184,346 70 LIFT STATION #4 (SULLIVAN) 039 001 CNT 721 51ST AVENUE NE 52,642 24 LIFT STATION #4 (SULLIVAN) 040 001 BLD HUSET PARK 221,215 576 GARAGE 040 001 CNT HUSET PARK 13,687 54 GARAGE 041 001 BLD 637 38TH AVENUE NE 269,671 351 MSC - BLUE BLDG 042 001 BLD 637 38TH AVENUE NE 53,091 69 MSC - SALT SHED 043 001 PIO CITYWIDE 1,032,171 192 VARIOUS 044 001 PIO 559 MILL STREET 42,174 313 VARIOUS 045 001 PIO 4633 IVANHOE PLACE 38,367 284 VARIOUS 046 001 BLD 4950 CENTRAL AVENUE NE 3,266,714 6,107 LIQUOR STORE 046 001 CNT 4950 CENTRAL AVENUE NE 1,173,694 3,723 LIQUOR STORE 047 001 BLD 2105 37TH AVENUE 2,429,046 4,541 LIQUOR STORE 047 001 CNT 2105 37TH AVENUE 807,099 2,560 LIQUOR STORE 048 001 PIO 637 38TH AVE NE 74,169 440 MSC 049 001 PIO 4400 RESERVOIR BLVD 52,995 369 PUMP HOUSE #2 MUNICIPAL PROPERTY - COLUMBIA HEIGHTS, CITY OF & COVENANT Number: CMC 37961 COVENANT Period: 06/01/2015 TO 06/01/2016 LOC BLD COV DESCRIPTION 050 001 PIO 4101 STINSON BLVD LIFT STATION #3 051 001 PIO 530 MILL STREET MURZYN HALL 052 001 BLD SULLIVAN PARK SHELTER 053 001 PIO 40TH & CENTRAL NE VARIOUS 054 001 BLD SILVER LAKE BEACH SHELTER 055 001 BLD HUSET PARK SHELTER 056 001 BLD 825 41ST AVE NE PUBLIC SAFETY BUILDING 056 001 CNT 825 41ST AVE NE PUBLIC SAFETY BUILDING 057 001 PIO JACKSON POND STORM WATER RETENTION POND 058 001 BLD 40TH AVENUE PARKING RAMP 059 001 PIO 39TH AVE /JEFFERSON ST NE /HUSET PKWY. MONUMENT 060 001 PIO 3965 JEFFERSON ST - RUSSET PARK PORTABLE RESTROOM SPECIALTY UN 061 001 PIO 721 -51ST AV- SULLIVAN PARK PORTABLE RESTROOM SPECIALTY UN 062 001 PIO 4956 JOHNSON ST - RAMSDELL PARK PORTABLE RESTROOM SPECIALTY UN 063 001 PIO 4301 STINSON BLVD - SILVER LAKE PARK PORTABLE RESTROOM SPECIALTY UN COVERAGE PREMIUM 11,780 82 70,566 524 84,272 1,042 30,836 228 27,916 345 84,272 1,042 10,322,105 5,502 577,793 410 8,427 59 4,875,158 4,042 63,183 585 2,600 49 2,600 49 2,600 49 2,600 49 TOTAL PROPERTY 81,805 MOBILE PROPERTY - COLUMBIA HEIGHTS, CITY OF & LOC BLD COV DESCRIPTION 001 1991 LEE BOY PAVER #60 -042 002 1998 WILDCAT SNOW BLOWER - LOADER #9277 003 2007 JOHN DEERE TRACTOR W /BROOM #5648 004 1994 CASE FRONT END LOADER #0770 005 1999 HENKE REVE 12 FOOT PLOW /WING ATTA 006 1990 JCB 1400 TRACTOR /BACKHOE #8917 007 2000 CAT 428 TRACTOR /BACKHOE #1795 008 1993 FORD 3930 FARM TRACTOR #3655 009 2010 TRACKLESS MTV TRACTOR W /EQUIPMENT 010 1998 MCQUEEN MT TRACKLESS TRACTOR #1475 011 2004 BOMAG ROLLER #9591 012 2005 TRACKLESS LEAF LOADER 013 2007 TORO 580D LAWN MOWER #0152 014 CAT SHD STEER LOADER MDL 247B2 #5909 015 2007 CAT 938G11 LOADER #2454 COVERAGE 61,847 71,977 58,648 170,611 # 35,189 79,974 133,290 47,984 M 138,622 117,295 37,322 30,923 101,300 44,786 175,943 TOTAL MOBILE PROPERTY 1,305,711 CMC 37961 Mortgagee /Additional Insured /Lienholders 001 SAINT PAUL FESTIVAL & HERITAGE FOUNDATION ATTN: PARADES 429 LANDMARK CENTER 75 WEST 5TH STREET SAINT PAUL, MN 55102 N014 RE: PARTICIPATING IN THE WINTER CARNIVAL PARADE. 002 CITY OF NORTHFIELD ATTN: ELIZABETH WHEELER 801 WASHINGTON STREET NORTHFIELD, MN 55057 N014 RE: DEFEAT OF JESSE JAMES DAYS CELEBRATION 003 DEFEAT OF JESSE JAMES COMMITTEE, INC. PO BOX 23 NORTHFIELD, MN 55057 N014 RE: DEFEAT OF JESSE JAMES DAYS CELEBRATION 004 ANOKA COUNTY & ANOKA COUNTY HRA ATTN: KATE THUNSTUM, CDBG COORDINATOR 2100 3RD AVENUE ANOKA, MN 55303 N014 RE: ANOKA COUNTY CDBG PROGRAM 005 US BANK NATIONAL ASSOCIATION ATIMA EP- MN -WS3C ATTN: CORPORATE TRSUT SERVICES 60 LIVINGSTON AVE ST.PAUL, MN 55107 RE: 2105 37TH AVE NE, 4950 CENTRAL AVE NE N181 006 CENTRAL PLAZA ASSOCATION 2227 UNIVERSITY AVENUE ST. PAUL, MN 55114 N014 RE: USE OF CENTRAL PLAZA DURING 007 CARMAX 12800 TUCKAHOE CREEK PKWY RICHMOND, VA 23238 N014 RE: USE OF PROPERTY AT CMC 37961 AUTO ADDL INSRDSILEINHOLDERS Loc /bld no. TYP 073 22 001 R NORTHEAST BANK 8301 77 NE BROADWAY MINNEAPOLIS, MN 55413 073 22 002 S EXECUTIVE LEASING LLC 8301 9700 63RD AVENUE NORTH SUITE 250 MAPLE GROVE, MN 55368 Covenant Number: MUNICIPAL LIQUOR LIABILITY LLC 3071 Coverage Is Provided By: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST LLC 2909 (Herein called LMCIT) Item 1 Item 2. Item 3 Item 4. Item 5 Item 6. CITY and MAILING ADDRESS: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421 -3835 LOCATION (S) OF COVERED PREMISES: 1. 4950 CENTRAL AVENUE NE 2. 2105 37TH AVENUE NE 3. 5225 UNIVERSITY AVENUE NE COVERAGE PERIOD: From: 06/01/2015 COVERAGE LIMITS: Municipal Liquor Liability Limit: To: 06/01/2016 0 �.1�4iiIl1 iNNI 12:01 AM Standard Time at Mailing Address Indicated Above $ 1,000,000 Per Occurrence/Per Covered Premises $ 1,000,000 Annual Aggregate /Per Covered Premises MUNICIPAL LIQUOR LIABILITY DEDUCTIBLE: $------ Per Occurrence PREMIUM: 10,298 Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: ME091(11/11) MLLC(11 /10) 4�� /- Executive Director, LMCIT LMCIT DEC -021 (11/97) ENDORSEMENT # COVERED PARTY COVENANT NUMBER EFFECTIVE DATE COLUMBIA HEIGHTS, CITY OF & LLC 3071 IT IS HEREBY UNDERSTOOD AND AGREED THAT MUNICIPAL LIQUOR LIABILITY, FORM ME09I(I I /11) IS AMENDED TO ADD THE FOLLOWING: LOCATION (S) OF COVERED PREMISES: 4. MURZYNE HALL 530 MILL STREET NE All other terms and conditions remain unchanged. %iG9 Executive Director, LMCIT LMCIT ME091 (11 /11) Page I of 1 COVENANT NUMBER: LLC 3071 Various provisions in this covenant restrict coverage. Read the entire coverage agreement carefully to determine rights, duties and what is and is not covered. Throughout this covenant the word "city" refers to the first "city" shown in the Declarations. The word LMCIT refers to the League of Minnesota Cities Insurance Trust. The words "city" and "covered party" are defined under SECTION II - WHO IS COVERED. Other words and phrases that appear in italics have special meaning, as given in SECTION IV- DEFINITIONS. A. COVERAGE AGREEMENT 1. LMCIT will pay on behalf of the "covered party" all sums which the "covered party" shall become legally obligated to pay as damages by reason of selling any alcoholic beverage at or from a covered premises, as provided by the Minnesota Civil Damages Act (M.S. 340A.801 - 340A.802) or any other law governing liability for illegal sales of alcoholic beverages at or from a covered premises if the following conditions are met: a. The occurrence which is the basis for such damages must have taken place during the coverage period; and b. The occurrence which is the basis for such damages must have taken place in the coverage territory. 2. LMCIT will have the right and duty to defend any such claim or suit seeking damages. LMCIT may, at its discretion, investigate any actual or potential claim; and unless the "city" has given notice as provided in SECTION VI- CONDITIONS, 6, LMCIT may settle any claim or suit. 3. The amount LMCIT will pay for damages is limited as described in SECTION III - LIMITS OF COVERAGE. B. EXCLUSIONS This coverage does not apply to: 1. Any obligation for which the "covered party" or any carrier as its insurer may be held liable under any workers' compensation, unemployment compensation, disability benefits, or under any similar law. 2. Damages arising from the sale of alcoholic beverage(s) if the sale occurred while the "covered party's" license, permit or authority by law is suspended, expired, canceled or revoked. 3. Damages for which the "covered party" is liable by reason of the assumption of liability in a contract or agreement, but this exclusion does not apply to liability for damages which the "covered party" would have in the absence of the contract or agreement. 1. "City" means the "city" or other governmental agency; body or entity first named in the Declarations. Unless specifically named in the Declarations, "city" shall not c. Municipal power agency; include any of the following: a. Gas, electrical or steam utilities commission; d. Municipal gas agency; e. Welfare or public relief agency; b. Port authority, housing and redevelopment authority, economic development authority, area or f. School board; or municipal redevelopment authority or similar LMCIT MLLC (11 -97) (Rev. 11/10) Page 1 of 6 COVENANT NUMBER: LLC 3071 g. Joint powers entity; but a joint planning board created pursuant to an orderly annexation agreement or joint resolution between the city and a township is deemed to be a covered joint powers entity under this agreement. 2. For purposes of Coverage A, "covered party" means: a. The "city ", and any other entity named in the Declarations; b. For actions within his duties as such, any present or former: (1) Member of the "city" council; (2) Member of a "city" board, commission, or committee which is not excluded by the definition of "city "; (3) Elected or appointed official of the "city'; (4) Employee of the "city "; (5) Volunteer person or organization while acting on behalf of the "city" and subject to the "city's" direction and control; (6) Other authorized person or agent of the "city" while acting on behalf of the "city ", but excluding independent contractors; (7) "City" relief association and its members, officers, and employees. (8) Person while acting in the administrative capacity of medical director or medical advisor to the "city" ambulance service. c. With respect to a joint powers entity named in the Declarations: (1) The joint powers entity; (2) While acting on behalf of the joint powers entity, or with respect to liability arising out of the activities of the joint powers entity, any present or former: (a) Governmental member of the joint powers entity; (b) Elected or appointed official of the governmental member; (c) Employee of the governmental member; (d) Other authorized person or agent of the governmental member, but excluding independent contractors. 1. The limits of coverage shown in the Declarations and the rules below fix the most LMCIT will pay as damages regardless of the number of: a. "Covered Parties "; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 2. LMCIT shall not be obligated under this covenant to pay any claim or judgment or to defend any suit after the limit of LMCIT's liability has been exhausted by payment of judgments or settlements or by tender to any excess carrier or excess coverage including excess coverage provided by LMCIT. 3. For any Annual Aggregate Limit shown in the LMCIT MLLC (11 -97) (Rev. 11(10) Declarations, the limit shall apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the coverage period shown in the Declarations, unless the coverage period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of coverage. 4. LMCIT's obligation to pay damages on behalf of the "covered party" applies only to compensatory damages in excess of any deductible amount stated in the Declarations. The limit of liability shown as being applicable to each claim shall be reduced by the amount of the deductible. LMCIT may pay any part or all of the deductible amount to effect settlement of any claim or suit. Upon LMCIT's request, the "city" shall promptly reimburse LMCIT for such part of the Page 2 of 6 COVENANT NUMBER: LLC 3071 deductible paid by LMCIT. 5. Subject to the Annual Aggregate Limit shown in 1. Coverage territory means: the Declarations, this covenant shall be construed to provide at least the coverage required under Minn. Stat. Sec. 340A.409. a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of. (a) Goods or products made or sold by'the "city" in the territory described in a. above; or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on the "city's" business; and (2) The "covered party's" responsibility to pay damages is determined in a suit on the merits, in the territory described in a. above or in a settlement LMCIT agrees to. 2. Covered premises means the premises stated in the Declarations. Covered premises does not mean any premises acquired by the "covered party" or used by the "covered party" for the sale or furnishing of alcoholic beverages unless those premises are stated in the Declarations or are included by endorsement to this coverage agreement. 3. Damages means money damages for which the "covered party" may be liable by reason of the Minnesota Civil Damages Act (M.S. 340A.801- 340A.802) or any other law governing liability for illegal sales of alcoholic beverages. 4. Joint powers entity means an operating entity created by two or more governmental units entering into an agreement as provided by statute for the joint exercise of governmental powers. An intergovernmental agreement will be deemed to create a joint powers entity if the agreement establishes a board with the effective power to do any of the following, regardless of whether the specific consent of the constituent governmental units may also be required: a. To receive and expend funds; b. To enter contracts; c. To hire employees; d. To purchase or otherwise acquire and hold real or personal property; or e. To sue or be sued. 5. Occurrence means the injury which took place if the liability for damages arising from such injury is or is claimed to be imposed upon the "covered party" by the provisions of the Minnesota Civil Damages Act (M.S. 340A.801 - 340A.802). 6. Suit means a civil proceeding in which damages to which this coverage applies are alleged. Suit includes an arbitration proceeding alleging such damages to which the "city" must submit or submit with LMCIT's consent. Suit does not mean any criminal proceeding against any "covered party" unless damages are also alleged in that proceeding. LMCIT will pay, with respect to any claim or suit LMCIT defends: LMCIT MLLC (11 -97) (Rev. 11/10) 1. All expenses LMCIT incurs. 2. The cost of bonds to release attachments, but only Page 3 of 6 COVENANT NUMBER: LLC 3071 for bond amount within the applicable limit of coverage. LMCIT does not have to furnish these bonds. 3. All reasonable expenses incurred by the "covered party" at LMCIT's request, to assist it in the investigation or defense of the claim or suit, including actual loss of earnings up to $200 a day because of time off from work. 4. All costs taxed against the "covered party" in the suit. 5. Pre judgment interest awarded against the "covered party" on that part of the judgment LMCIT pays. If LMCIT makes an offer to pay the applicable limit of coverage, LMCIT will not pay any pre judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before LMCIT has paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limits of coverage. This coverage agreement is subject to the following conditions: 1. LIMITATIONS ON LMCIT'S DUTY TO INDEMNIFY LMCIT's duty to pay on behalf of or to indemnify a "covered party" other than the "city" shall not apply to any act or violation: a. Which constitutes malfeasance in office; or b. Which constitutes willful neglect of duty; or c. Which constitutes bad faith; or d. For which the "city" is not authorized to indemnify any person by statute; or e. Which constitutes dishonesty on the part of a "covered party ". The terms "malfeasance ", "willful neglect of duty ", and "bad faith" shall be given the same meaning in this covenant as given in the applicable statute with respect to the "city's" duty to defend or indemnify its officers, employees or agents. 2. "COVERED PARTY'S" DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT a. In the event of a claim or suit, notice containing particulars sufficient to identify the "covered party" and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of LMCIT MLLC (11-97) (Rev. 11110) available witnesses, shall be given by or for the "covered party" to LMCIT or any of its authorized agents as soon as practicable. The "city" shall promptly take, at its own expense, all reasonable steps to prevent damages from arising out of the same or similar conditions; provided that: (1) A failure to take such preventative measures shall not constitute a breach of this condition unless LMCIT has requested the "city" in writing to undertake such preventative measures; and (2) Such expense shall not be recoverable under this covenant. Notice of damages or injury is not notice of a claim. b. If claim is made or suit is brought against the "covered party ", the "covered party" shall immediately forward to LMCIT every demand, notice, summons or other process received by him or his representative. c. The "covered party" shall cooperate with LMCIT and, upon LMCIT's request, assist in making settlements, assist in the conduct of suits and assist in enforcing any right of contribution or indemnity against any person or organization who may be liable to the "covered party" because of damages for which coverage is afforded under this covenant; and the "covered party" shall attend hearings and trials and assist in securing and getting evidence and obtaining the attendance of witnesses. The "covered party" shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. Page 4 of 6 COVENANT NUMBER: LLC 3071 3. ACTION AGAINST LMCIT No action shall lie against LMCIT unless as a condition precedent thereto, there shall have been full compliance with all of the terms of this covenant, nor until the amount of the "covered party's" obligation to pay shall have been fully determined either by judgment against the "covered party" after actual trial or by written agreement of the "covered party ", the claimant and LMCIT. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this covenant to the extent of the coverage afforded by this covenant. No person or organization shall have any right under this covenant to join LMCIT as a party to any action against the "covered party" to determine the "covered party's" liability, nor shall LMCIT be impleaded by the "covered party" or his legal representative. Bankruptcy or insolvency of the "covered party" or of the "covered party's" estate shall not relieve LMCIT of any of its obligations hereunder. 4. NO WAIVER OF IMMUNITIES It is the express intent of the parties to this covenant that the procurement of this covenant shall not waive any immunities, limits, or defenses imposed by or available under any statute or common law which is applicable to any "covered party ". 5. CONSENT TO SETTLE The "city" may prohibit LMCIT from settling any claim or suit against a "covered party" without the "city's" consent, as provided below: a. At any time before LMCIT has offered or made a settlement of a claim or suit, the "city" may notify LMCIT that LMCIT may not settle the claim or suit without the "city's" consent. The "city" must give a separate notice for each claim or suit which the "city" intends to prohibit LMCIT from settling without the "city's" consent. b. If the "city" notifies LMCIT that the claim or suit may not be settled without the "city's" consent, the "city" must designate an individual authorized to give or refuse consent on the "city's" behalf. The "city's" notice must include the name, address, and telephone LMCIT MLLC (11 -97) (Rev. 11 /10) number of the individual authorized to give or refuse consent on the "city's" behalf. c. If the "city" has notified LMCIT that the claim or suit may not be settled without the "city's" consent, LMCIT will notify the "city" of the terms and conditions of any proposed settlement. If the "city" does not consent to the proposed settlement, the "city" must notify LMCIT within 14 days of the date the "city" receives notice of the proposed settlement, unless the "city" and LMCIT have mutually agreed to a longer or shorter period. If within that time the "city" does not notify LMCIT that the "city" does not consent to the settlement, the "city" will be deemed to have consented to the settlement. d. If the "city" refuses to consent to a settlement recommended by LMCIT, LMCIT will not be liable for any excess amount. "Excess amount" means the sum of all damages and legal defense costs for the claim or suit minus the sum of: (1) The amount of the settlement proposed by LMCIT; and (2) Any costs of defense incurred before the date of the "city's" refusal. Any excess amount shall not be included in the calculation of damages for purposes of any applicable "Each Occurrence Deductible" or "General Aggregate Deductible ". e. If the "city" refuses to consent to a settlement recommended by LMCIT, LMCIT may, at its sole discretion, exercise either of the following options: (1) LMCIT may pay to the "city" an amount equal to the amount of the recommended settlement, minus any applicable deductible. If LMCIT makes such payment, LMCIT has no further duty to defend or to indemnify the "city" or any other covered party for this claim or suit, and the "city" assumes any duty which LMCIT would otherwise have had to defend and to indemnify any other covered party. (2) LMCIT may continue to defend the claim or suit. If LMCIT elects to continue to defend the claim or suit, the "city" must reimburse LMCIT for any excess amount. f. If the "city" refuses to consent to a settlement recommended by LMCIT, the "city" must defend and indemnify LMCIT for any claim or suit arising out of the failure to settle the original claim or suit, including Page 5 of 6 COVENANT NUMBER: LLC 3071 amounts the "city" may owe as a Medicare Secondary Payer under federal law. g. If the "city" refuses to consent to a settlement recommended by LMCIT, and regardless of which of the options LMCIT chooses to exercise under subparagraph e. above, LMCIT as an agent of the "city ", will continue to fulfill the mandatory Medicare Secondary Payer reporting obligation under Section 111 of the Medicare, Medicaid, and SCRIP Extension Act of 2007, if any, associated with the claim; but shall have no payment obligation beyond the amount of the recommended settlement amount. The "city" must cooperate with LMCIT in providing LMCIT the necessary information to allow LMCIT to fulfill the reporting responsibility. LMCIT MLLC (11 -97) (Rev. 11/10) Page 6 of 6 Covenant Number: MUNICIPAL EXCESS LIABILITY DECLARATIONS MEL 8540 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST MEL 8200 (Herein called LMCIT) I_I A61 S) j\AI NN ES() I ( PIIS Item 1. CITY and MAILING ADDRESS: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40TH AVENUE NE Claims Made COLUMBIA HEIGHTS MN 55421 -3835 Item 2. COVERAGE PERIOD: 12:01 AM Standard Time at Mailing Address Indicated on Item 1. From: 06/01/2015 To: 06/01/2016 Item 3. RETROACTIVE DATE: 06/01/2007 Item 4. THE COVERED PARTY IS: CITY Item 5. LIMITS OF COVERAGE: Aggregate Limit $ 11000,000 Item 6. PREMIUM: 36,289 Item 7. FORM NUMBERS AND /OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC(11 /14) UME- 49(11/03) Executive Director, LMCIT LMCIT DEC -017 (111196) (Rev. 11/14) COVENANT NUMBER: MEL 8540 Various provisions in this covenant restrict coverage. covered. Words and phrases that appear in italics have Read the entire coverage agreement carefully to special meaning, as given in SECTION III - determine rights, duties, and what is covered and not DEFINITIONS, or in the underlying coverage. Eye EA v - U a. Subject to the terms, conditions, limitations, and exclusions contained herein, LMCIT will pay amounts in excess of what LMCIT is obligated to pay under the terms of the underlying coverage. b. The amount that LMCIT will pay is limited as described in SECTION II - LIMITS OF COVERAGE. c. LMCIT will only pay if the date of the claim is on or after the retroactive date, if any, shown in the Declarations. d. Except as otherwise provided herein, this coverage is subject to the same terms, definitions, conditions and exclusions of the underlying coverage. 2. EXCLUSIONS In addition to the exclusions contained in the underlying coverage, the following exclusions apply to this coverage: a. Any obligation to pay expenses under medical and related expense coverage. b. Any obligation imposed by law under any automobile no- fault, uninsured motorist, underinsured motorist, workers' compensation, disability benefits, or unemployment compensation or any similar law. e. Any failure to supply claim. d. Any mold claim. e. Awards for attorney's fees pursuant to statute, except for attorney's fees with respect to federal civil rights suits or state human rights suits. f. Any limited pollution liability claim except for damages: (a) Arising out of pesticide or herbicide application operations; (b) Arising from the accidental rupture, backup, or overflow of the city's sanitary sewer, storm sewer, or water supply systems; or (c) Caused by an actual, alleged, or threatened discharge, dispersal, release or escape of pollutants which took place entirely above ground and not within or on the surface of any lake, stream, surface water, or other body of water, and in which any resulting damages occurred entirely above ground and not within or on the surface of any lake, stream, surface water, or other body of water. g. Any outside organization claim. h. Any claim for damages arising out of the failure or bursting of any: (a) Class I or Class 11 dam as classified by the Commissioner of the Department of Natural Resources pursuant to Minnesota Rules §6115.0340; or (b) Any dike, levee or similar structure. This exclusion applies regardless of whether underlying coverage exclusion o. in the Comprehensive Municipal Coverage Form CMC has been deleted or amended. i. Any no -fault sewer back -up coverage claim or no -fault water main break coverage claim. LMCIT MELC (I 1 /86)(Rev. 11/14) Page 1 of COVENANT NUMBER: MEL 8540 1. The Limits of Coverage shown in Item 5. of the Declarations and the rules below fix the most LMCIT will pay under the terms of this covenant regardless of the number of a. Covered parties; b. Claims made or suits brought; c. Persons or organizations making claims or suits. 2. The Aggregate Limit is the most LMCIT will pay under this covenant for the total of. a. Damages and loss adjustment expenses including defense costs and supplementary payments for land use and special risk litigation claims; b. Damages and loss adjustment expenses including defense costs and supplementary payments for limited pollution liability claims; and c. Damages for all other claims to which this covenant applies. 3. For all claims other than land use and special risk litigation claims and limited pollution liability claims, a. Loss adjustment expenses including defense costs and supplementary payments shall be allocated between the underlying coverage and this covenant in proportion to the amount of damages paid under each respective covenant; and b. Loss adjustment expense paid by this covenant shall be in addition to the Aggregate Limit. Underlying coverage means the Comprehensive Coverage of the Workers Compensation and Employers Municipal Coverage and Part Two - Employers Liability Liability Coverage as provided by LMCIT. The additional premium for the supplemental extended reporting period will be a percentage the annual expiring premium for SECTION I - LIABILITY COVERAGE. Number of Years Since Retroactive Date Shown on Declarations Page Additional Cost 1 50% 2 70% 3 80% 4 90% 5+ 100% LMCIT MELC (11 /86)(Rev. 11/14) Page 2 of 2 COVENANT NUMBER: MEL 8540 THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER MUNICIPAL EXCESS LIABILITY COVERAGE, SECTION III - DEFINITIONS: The definition of Underlying coverage is amended to read: Underlying coverage means the following coverages as provided by LMCIT.- 1. Comprehensive Municipal Coverage; 2. Part Two- Employers Liability Coverage of the Workers Compensation and Employers Liability Coverage; and 3. Municipal Liquor Liability Coverage. All other terms and conditions remain unchanged. LMCIT UME- 49(11103) Page 1 of 1 Covenant Number: AGREEMENT DECLARATIONS 0NIL 12332 DEFENSE COST REIMBURSEMENT AGREEMENT Previous Covenant Number: Coverage Is Provided By: OML 11153 THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LNICIT) Item 1. COVERED PARTY and MAILING ADDRESS: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40TH AVENUE NE COLUMBIA HEIGHTS MN 55421-3835 Item 2. COVERAGE PERIOD: From: 06/01/2015 To: 06/01/2016 Item 3. RETROACTIVE DATE: 06/01/2002 Item 4. THE COVERED PARTY IS: CITY Item 5. DEFENSE COST REIMBURSEMENT LIMITS: 1. Agreement Term Annual Aggregate Per City Official: 2. Agreement Term Annual Aggregate: Item 6. PREMIUM: $NO CHARGE M I N N 1:S() I A cl-1-11-Is 12:01 AM Standard Time at Mailing Address Indicated Above $50,000. $250,000. Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: ME063(11/01) OMLRA-1(11/14) Executive Director, LNICIT LMCIT DEC -019 (11/93) (Rev. 11/14) COVENANT NUMBER: OML 12332 t 1 It is understood and agreed that city is amended to include: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY All other terms and conditions remain unchanged. LMCIT ME063 (11 /95)(Rev. 11101) Page 1 of I COVENANT NUMBER: OML 12332 DEFENSE COST REIMBURSEMENT AGREEMENT I. DEFENSE COST REIMBURSEMENT LMCIT's requests for information, investigative data, COVERAGE records, or any other material documentation. LMCIT will reimburse a city official for 100 percent of the defense costs incurred by the city official in defending a covered lawsuit, if the following conditions are met: I. The date on which the covered lawsuit is commenced must be within the term of this agreement; and; 2. The date on which the occurrence giving rise to the covered lawsuit must be on or after the retroactive date, if any, shown in the Declarations. A covered lawsuit is deemed to be commenced on the date the city official is served notice of the lawsuit. II. LIMITS The Defense Cost Reimbursement Agreement Limit is $50,000. This is the most LMCIT will reimburse any one city official for defense costs for covered lawsuits commenced during the term of this agreement, regardless of the number of lawsuits, the number of actual or alleged violations, or the date the defense costs are actually incurred. 2. The Defense Cost Reimbursement Annual Aggregate Limit is $250,000. This is the most LMCIT will pay for defense costs under this agreement for all city officials for covered lawsuits commenced with the term of this agreement. III. CONDITIONS AND EXCLUSIONS The term of this Agreement shall be one year beginning with the effective date stated in the Declarations. Subsequent renewals of this Agreement shall be treated as separate terms. 2. LMCIT shall have no duty to provide a defense to a city official with respect to a covered lawsuit; however, LMCIT shall have the right to intervene at its expense in the investigation or defense of such legal action. 3. The city or the city official shall give prompt notice to LMCIT of any actual or threatened covered lawsuit. The city and the city official shall at all times cooperate with and promptly respond to 4. The city official will be reimbursed only for defense costs incurred with respect to legal services actually rendered and expenses actually incurred. 5. The city official shall have complete freedom to choose an attorney licensed in the State of Minnesota to provide the city official with legal services with respect to which defense costs are reimbursable under this Agreement. 6. It is the express intent of the parties to this Agreement that, neither the city nor the city official, waive any immunities, defenses, or limitations on liability available under Minnesota statutes or common law. In the event that a city official makes a recovery of defense costs from any third party, that recovery shall be applied first to any defense costs which the city official has incurred which have not been reimbursed by LMCIT; and any remainder shall be applied to reimburse LMCIT for any payment it has made under this Agreement. LMCIT may cancel this Agreement by mailing or delivering written notice to the city at least: a. Ten (10) days before the effective date of cancellation for nonpayment of premium for the city's covenant that provides the following coverages: Municipal Property, Crime, Bond and Petrofund Coverage; Equipment Breakdown Coverage; Comprehensive Municipal Coverage; Automobile Liability Coverage; or Automobile Physical Damage Coverage. b. Thirty (30) days before the effective date of cancellation for any other reason. If LMCIT decides not to renew this Agreement, LMCIT will mail or deliver to the city written notice of non - renewal not less than thirty 30 days before the expiration date. 9. It is mutually understood and agreed that the city and all other LMCIT pool participants are jointly and severally liable for all claims and expenses of the LMCIT 0MLRA- 1(11 /93)(Rev.11/14) Page 1 of 2 pool. The amount of any liabilities in excess of assets may be assessed to LMCIT pool participants when a deficiency is identified. IV. DEFINITIONS 1. `Bankruptcy lawsuit" means a lawsuit against a city official for actions within his or her duties as such, that arises from or is related to the actual, pending, or threatened bankruptcy of the city. 2. "City" means the city or other governmental body or entity first named in the Declarations. Unless specifically named in the Declarations, city shall not include a gas, electrical, or steam utilities commission; port authority, housing and redevelopment authority, economic development authority, area or municipal redevelopment authority, or similar agency; municipal power agency; municipal gas agency; hospital or nursing home board or commission; airport commission; welfare or public relief agency; school board; or joint powers entity; but the following are deemed to be a covered joint powers entity under this agreement: a. A joint planning board created pursuant to an orderly annexation agreement, pursuant to Minnesota Statute 462.3585, or pursuant to a joint resolution between the city and a township; or b. A joint airport zoning board created pursuant to Minnesota Statute 360.063. "City official" means any former or present elected or appointed official of the city or any present or former employee of the city. For the purposes of this coverage, an independent contractor is not a city official, except when serving as a member of a committee, subcommittee, board or commmission of the city, or when representing the city as a member of a committee, subcommittee, board or commission. 4. "Covered lawsuit" means an Open Meeting Law lawsuit or a bankruptcy lawsuit. "Defense costs" means reasonable and necessary attorney fees, court costs, court reporter and transcript fees, general witness and expert witness fees and expense, and similar defense related costs. Defense costs does not include any fines or penalties, or any attorney's fees awarded to a plaintiff in a suit charging a violation of the Open Meeting Law. 6. "Joint powers entity" means an operating entity created by two or more governmental units entering into an agreement as provided by statute for the joint exercise of governmental powers. An intergovernmental agreement will be deemed to create a joint powers entity if the agreement establishes a board with the effective power to do any of the following, regardless of whether the specific consent of the constituent governmental units may also be required: a. To receive and expend funds; b. To enter into contracts; c. To hire employees; d. To purchase or otherwise acquire and hold real or personal property; or e. To sue or be sued. 7. "LMCIT" means the League of Minnesota Cities Insurance Trust. 8. "Open Meeting Law lawsuit" means a lawsuit seeking penalties against a city official based on an allegation that the city official has violated M.S. Chapter 13D, commonly known as the Minnesota Open Meeting Law. LMCIT 0MLRA- 1(11 /93)(Rev.11/14) Page 2 of 2