The URL can be used to link to this page

Home My WebLink About2017-2819Covenant Number: COMMON COVERAGE DECLARATIONS CMC_1002979_ -1 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST CMC 39167 (Herein called LMCIT) Item 1. CITY and MAILING ADDRESS COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40TH AVE. NE COLUMBIA HEIGHTS, MN 55421 -3878 Item 2. COVERAGE PERIOD: From: 06/01/2017 To: 06/01/2018 2017 -2819 e LEAGU E of MINNESOTA CITIES 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: Executive Director, LMCIT LMCIT DEC -011 (11/86)(Rev. 11/09) Page 1 of 1 PROPERTY, CRIME, BOND, and PETROFUND Premium Property $ 64,213 Additional Covered Loss or Damages INCLUDED Water and Supplemental Flood Coverage INCLUDED Crime INCLUDED Bond $ 1,387 Petrofund INCLUDED EQUIPMENT BREAKDOWN $ 7,250 MUNICIPAL LIABILITY $ 171,009 Medical and Related Expense NOT COVERED AUTOMOBILE LIABILITY $ 18,287 AUTOMOBILE PHYSICAL DAMAGE $ 14,654 TOTAL $ 276,800 Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: DOES NOT APPLY Item 6. PREMIUM IS DUE AND PAYABLE: 4 -Pay (25% down + 3 installments) Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS: CCM(11 /16) Item 8. DECLARATIONS APPLICABLE: DEC-01 1(11/09) DEC - 012(11/15) DEC-01 3(11/15) DEC- 016(11/15) Executive Director, LMCIT LMCIT DEC -011 (11/86)(Rev. 11/09) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 COMMON CONDITIONS ALL COVERAGE PARTS INCLUDED IN THIS COVENANT ARE SUBJECT TO THE FOLLOWING CONDITIONS: 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. e. 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 EXAMIN• OF 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. 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. 11116) Page 1 of 3 COVENANT NUMBER: CMC 1002979 -1 6. TRANSFER OF THE CITY'S RIGHTS AND DUTIES UNDER THIS COVENANT The city's rights and duties under this covenant may not be assigned or otherwise 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. ASSESSIBILITY 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. 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. This covenant is void if the city has intentionally concealed or misrepresented any material fact or circumstance relating to this covenant. 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. 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 (11189)(Rev. 11116) Page 2 of 3 COVENANT NUMBER: CMC 1002979 -1 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. 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. 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. - • • 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. 11/16) Page 3 of 3 LEAGUE MINNESOTA CITIES Item 1. CITY: COLUMBIA HEIGHTS, CITY OF& COLUMBIA HEIGHTS EDAHRA Item 2. COVERAGE PERIOD: From: 06/01C3017 To: 06/01/2018 12:01AK4 Standard Time ot Mailing Address on Common Coverage Declarations Item 3, THE COVERED PARTY IS: CITY Item COVERAGE: IN RETURN FOR THE PAYMENT OFTHE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCITAGREES T0 PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED: Item 5. COVERAGE PART ONE - PROPERTY Section |-Property General Limit of Coverage Per Occurrence $ 58,691,326 This general limit is subject to the sublimits as described in Section V1, 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 -MEO79(11/OS) Section |/- Additional Covered Loss orDamages 1. Loss of Revenue, Extra Expenses and Expediting Expense $ 5.080.000 Per Occurrence 2. Demolition and Debris Removal (Direct Physical Damage 0u Covered Property) 25%of the Estimated Replacement Cost of the Covered Property (No Direct Physical Damage ho Covered Property) $ 50.000 Per Occurrence 3. Leasehold Interest $ 500.000 Per Location 4, Accounts Receivable $ 508.000 Per Location 5. Valuable Papers and Records $ 500.000 Per Location 6. Utility Services $ 100.000 Per Occurrence 7. Green Building Expenses 1Y6of the Contract Cost but not to exceed $100,000. Per Location 8. Asbestos Clean up, Abatement and Removal u 250.000 Per Location 0. Pollutant Clean up and Removal $ 250.000 Per Location 10. Errors $ 500.080 Per Occurrence 11. Rental Reimbursement $ 250.000 Annual Aggregate 12. Arson Reward $ 5.000 Per Fire Loss 13. Extra ordinary Expense * 258.080 Annual Aggregate 14. Data Security Breach Expenses $ 350.000 Annual Aggregate 15. Organic Pathogen Cleanup and Removal $ 250.000 Annual Aggregate COVENANT NUMBER: CMC 1002979 -1 Section IV - Water and Supplemental Flood Coverage LEAGUE or MINNESOTA CITIES $ 500,000 Per Occurrence $ 500,000 Annual Aggregate Item 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN THE 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. Item 7 Item 8 Item 9. Item 10. Item 11 Item 12 DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): 1,000 Per Occurrence COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /16) PM- 100(11/16) ME079(11/09) ME063(11/01) MPCBP - 115(11/05) MPCBP- 209(11/05) PM- 109(11/16) MORTGAGE HOLDER (if applicable): 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. MPCBP(11 /16) ME063(11/01) LMCIT DEC -012 (11/86)(Rev. 11/15) Page 2 of 3 COVENANT NUMBER: CMC 1002979 -1 Item 13 Item 14 Item 15. Item 16 Item 17 Item 18 LEAG U E ()r (MINNESOTA CITIES COVERAGE PART THREE - BOND 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): 1,000 Per Occurrence COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /16) ME06301/01 COVERAGE PART FOUR - P_ ETROFUND (Claims made LIMITS 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 COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11 /16) ME063(11/01) EQUIPMENT BREAKDOWN COVERAGE r• B $ 57,133,172 $ 1,000 ANYONE ACCIDENT COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. BM- 200(11/16) BM- 212(11/01) ME063(11/01) MPCBP- 115(11/05) PM- 100(11/16) LMCIT DEC -012 (11 /86)(Rev. 11/15) Page 3 of 3 Covemant#\ CMC1M02979~1 LE ArG U E o F MINNESOTA CITIES COVERAGE AT EACH OF THE LOCATIONS BELOW APPLIES ONLY FOR 8 PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS SUBJECT TO THE SPECIFIC PROPERTY LIMIT. Loc. # Location Occupancy **Type of Covered Property IV-Water and Supplemental Flood Coverage Estimated Replacement Cost 1 590 40TH AVENUE NE CITY HALL B CODE A $ 4,836,094 2 637 38TH AVENUE NE MUNICIPAL SERVICE CENTER B CODE A $ 4,695,218 3 637 38TH AVENUE NE TANKS AND PUMPS B CODE A $ 146,508 4 4025 VAN BUREN STREET PARKING RAMP B CODE A $ 3,231,965 5 4700 STINSON BOULEVARD WATER TOWER-250,000 GALLONS B CODE A $ 893,590 6 5225 UNIVERSITY AVENUE NE LIQUOR STORE B CODEA $ 712,178 7 530 MILL STREET MURZYN HALL B CODEA $ 4,354,672 10 GAUVITTE PARK WARMING HOUSE B CODEA $ 77,160 12 HILLTOP PARK PARK PIO CODEA $ 25,933 14 HUSETPARK PRESS BOX (FIELD #5) B CODEA $ 16,279 *The limit of coverage for Section NWater and Supplemental Coverage is $500.000 per occurrencel$500.000 Annual Aggregate **Type of Covered Property PIO Property in the Open BIR Builders Risk Property CO Contents only 'Section IV-Water and Supplemental Flood Coverage I Code A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. Code B: LA�C/TVVmb� and Supplemental Flood Coverage applies inaddd�nho and in excess of the applicable � National Flood Insurance Program Coverage. Code C: LA�C/TVVeter and Supplemental HoodCoverage excludes damnageshnmany 000un*noefor vvhiohany � loss or any damage would be payable under a National Flood Insurance Program Coverage. e 1 a a *] Covenant #: CMC 1002979 -1 COVERED PARTY: Columbia Heights, City Of & Columbia Heights EDA HRA LEAGUE OF MINNESOTA CITIES COVERAGE AT EACH OF THE LOCATIONS BELOW APPLIES ONLY FOR BUILDING /CONTENTS /PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS SUBJECT TO THE SPECIFIC PROPERTY LIMIT. Loc# Location Occupancy * *Type of Covered Property ** *Section IV -Water and Supplemental Flood Coverage Estimated Replacement Cost 15 HUSET PARK PARK PIO CODE C $ 87,122 16 KEYES PARK WARMING HOUSE B CODE A $ 77,160 17 KEYES PARK PARK PIO CODE A $ 20,170 18 LABELLE PARK PARK PIO CODE C $ 21,612 19 LABELLE CIRCLE TERRACE VARIOUS PIO CODE C $ 21,612 20 LOMIANKI PARK WARMING HOUSE B CODE A $ 54,262 21 MCKENNA PARK WARMING HOUSE B CODE A $ 77,160 22 MCKENNA PARK PARK PIO CODE A $ 20,170 23 OSTRANDER PARK WARMING HOUSE B CODE A $ 77,160 24 OSTRANDER PARK PARK PIO CODE A $ 43,221 25 PRESTEMON PARK WARMING HOUSE B CODE A $ 54,805 26 PRESTEMON PARK PARK PIO CODE A $ 142,379 27 RAMSDELL PARK WARMING HOUSE B CODE A $ 77,160 28 RAMSDELL PARK PARK PIO CODE A $ 21,612 *The limit of coverage for Section IV Water and Supplemental Coverage is $500,000 per occurrencel$500,000 Annual Aggregate **Type of Covered Property B = Building /Contents PIO = Property in the Open BIR = Builders Risk Property CO = Contents only * *'Section IV -Water and Supplemental Flood Coverage Code A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. Code B: LMC /T Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. Code C: LMC /T Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM -100 (11/95)(Rev. 11/16) Page 2 of 5 COVERAGE AT EACH OF THE LOCATIONS BELOW APPLIES ONLY FOR BUILDING /CONTENTS /PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS SUBJECT TO THE SPECIFIC PROPERTY LIMIT. Loc# Location Occupancy * *Type of Covered Property ** *Section IV -Water and Supplemental Flood Coverage Estimated Replacement Cost 29 SILVER LAKE BEACH BEACH HOUSE B CODE A $ 86,819 30 637 38TH AVENUE NE MSC BROWN BUILDING B CODE A $ 393,935 31 SULLIVAN PARK PARK PIO CODE A $ 53,307 32 4400 RESERVOIR BLVD PUMP STATION #2 B CODE A $ 424,440 33 4633 IVANHOE PLACE PUMP STATION #3 B CODE A $ 465,788 34 4640 CHATHAM ROAD LIFT STATION #1 (CHATHAM) B CODE A $ 84,688 35 330 ARGONNE DRIVE LIFT STATION #2 B CODE A $ 75,572 36 4101 STINSON BLVD LIFT STATION #3 (SILVER LAKE) B CODE C $ 136,234 37 721 51ST AVENUE NE LIFT STATION #4 (SULLIVAN) B CODE C $ 243,618 38 HUSET PARK GARAGE B CODE C $ 241,863 39 637 38TH AVENUE NE MSC - BLUE BLDG B CODE A $ 277,822 40 637 38TH AVENUE NE MSC - SALT SHED B CODE A $ 54,695 41 CITYWIDE VARIOUS PIO CODE C $ 1,063,369 42 559 MILL STREET VARIOUS PIO CODE A $ 43,449 *The limit of coverage for Section IV Water and Supplemental Coverage is $500,000 per occurrencel$500,000 Annual Aggregate **Type of Covered Property B = I Building /Contents PIO = Property in the Open BR = Builders Risk Property CO = Contents only 'Section IV -Water and Supplemental Flood Coverage Code A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. Code B: LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. Code C: LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM -100 (11 /95)(Rev. 11/16) Page 3 of 5 Dili S D UV Covenant #: CMC 1002979 -1 LEAGUE of i MINNESOTA CITIES COVERAGE AT EACH OF THE LOCATIONS BELOW APPLIES ONLY FOR BUILDING /CONTENTS /PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS SUBJECT TO THE SPECIFIC PROPERTY LIMIT. Loc# Location Occupancy * *Type of Covered Property ** *Section IV -Water and Supplemental Flood Coverage Estimated Replacement Cost 43 4633 IVANHOE PLACE VARIOUS PIO CODE A $ 39,527 44 4950 CENTRAL AVENUE NE LIQUOR STORE B CODE A $ 4,562,736 45 2105 37TH AVENUE LIQUOR STORE B CODE A $ 3,325,786 46 637 38TH AVE NE MSC PIO CODE A $ 76,411 47 4400 RESERVOIR BLVD PUMP HOUSE #2 PIO CODE A $ 54,597 48 4101 STINSON BLVD LIFT STATION #3 PIO CODE A $ 12,136 49 530 MILL STREET MURZYN HALL PIO CODE A $ 72,698 50 SULLIVAN PARK SHELTER B CODE A $ 86,819 51 40TH & CENTRAL NE VARIOUS PIO CODE A $ 31,768 52 SILVER LAKE BEACH SHELTER B CODE A $ 28,760 53 HUSET PARK SHELTER B CODE A $ 86,819 54 825 41ST AVE NE PUBLIC SAFETY BUILDING B CODE A $ 11,223,498 55 JACKSON POND STORM WATER RETENTION POND PIO CODE C $ 8,681 56 40TH AVENUE PARKING RAMP B CODE A $ 5,022,509 *The limit of coverage for Section IV Water and Supplemental Coverage is $500,000 per occurrencel$500,000 Annual Aggregate **Type of Covered Property B = I Building /Contents PIO = Property in the Open BR = Builders Risk Property CO = Contents only *'*Section IV -Water and Supplemental Flood Coverage i Code A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. Code B: LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. Code C: LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM -100 (11195)(Rev. 11/16) Page 4 of 5 b! • • 111 ' Z141 Covenant #: CMC 1002979 -1 11111,111 1 Iml 11111 1 11111 ON LEAGUE o I: MINNESOTA CITIES COVERAGE AT EACH OF THE LOCATIONS BELOW APPLIES ONLY FOR BUILDING /CONTENTS /PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS SUBJECT TO THE SPECIFIC PROPERTY LIMIT. *The limit of coverage for Section IV Water and Supplemental Coverage is $500,000 per occurrencel$500,000 Annual Aggregate **Type of Covered Property B = I Building /Contents ** *Section = Property in the Open BR = Builders Risk Property IV -Water and = Contents only * *Type of Supplemental Estimated Covered Flood Replacement Loc# Location Occupancy Property Coverage Cost 39TH AVE /JEFFERSON ST 57 NE /HUSET PKWY. MONUMENT PIO CODE A $ 65,093 3965 JEFFERSON ST - HUSSET PORTABLE RESTROOM 58 PARK SPECIALTY UN PIO CODE C $ 2,679 PORTABLE RESTROOM 59 721 -51ST AV- SULLIVAN PARK SPECIALTY UN PIO CODE C $ 2,679 4956 JOHNSON ST - RAMSDELL PORTABLE RESTROOM 60 PARK SPECIALTY UN PIO CODE C $ 2,679 4301 STINSON BLVD- SILVER PORTABLE RESTROOM 61 LAKE PARK SPECIALTY UN PIO CODE C $ 2,679 62 3939 CENTRAL AVENUE NE NEW LIBRARY B CODE C $ 8,764,182 *The limit of coverage for Section IV Water and Supplemental Coverage is $500,000 per occurrencel$500,000 Annual Aggregate **Type of Covered Property B = I Building /Contents PIO = Property in the Open BR = Builders Risk Property CO = Contents only ** *Section IV -Water and Supplemental Flood Coverage Code A: LMC /T Water and Supplemental Flood Coverage applies with no additional exclusions. Code B: LMC /T Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. Code C: LMC /T Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM -100 (11/95)(Rev. 11/16) Page 5 of 5 COVENANT NUMBER: CMC 1002979 -1 This Endorsement modifies coverage provided under the Municipal Property Coverage and the Municipal Automobile Physical Damage Coverage. 1. Shared limit. For any terrorism loss occurrence in which the LMCIT terrorism occurrence loss cost is greater than $50,000,000, the amount LMCIT will pay for the city's covered losses is limited to an amount equal to the city's covered loss multiplied by the terrorism loss coverage percentage for that terrorism loss occurrence. 2. Sub limits. LMCIT will not pay more than $1,000,000 for anyone or any combination of the following which rise out of or are either directly or indirectly related to any terrorist activity during the annual coverage period: a. Any losses, costs or expenses that result directly or indirectly from any discharge of pollutants including any resulting fire losses, costs, or expenses; b. Any losses, costs, or expenses that result directly or indirectly from chemical or biological release or exposure of any kind including any resulting fire losses, costs or expenses; c. Any losses, costs, or expenses that result from attack by electronic means including computer hacking, or the introduction of any form or computer virus or other form of corrupting or unauthorized code or instructions; d. Any losses, costs, or expenses that result directly or indirectly from asbestos, emission, release, discharge, dispersal or escape or asbestos exposure of any kind including any resulting fire or damage; e. Any losses, costs, or expenses that result from any threat or hoax; f. Any expediting expense; or g. Any resulting fire losses, costs or expenses that result directly or indirectly from nuclear detonation, nuclear reaction, nuclear radiation or radioactive contamination. These sub limits are part of and not in addition to the shared limit provided in Paragraph 1. 3. No expansion of coverage. The terms and limitations of this terrorism endorsement, or the inapplicability of this terrorism endorsement, do not serve to create coverage which would otherwise be excluded by this covenant. 4. Termination of terrorism coverage. A. Automatic termination. If the LMCIT terrorism occurrence loss cost for any terrorism loss occurrence exceeds $15,000,000, coverage for loss resulting from any subsequent terrorism loss occurrence is excluded. B. Discretionary termination. The LMCIT Board of Trustees may terminate coverage for losses arising from terrorist activities at any time upon ten days notice to the city, if the Board determines that it is necessary to protect the interests of LMCIT or its member cities. LMCIT ME079 (11 /01)(Rev. 11109) Page 1 of 3 COVENANT NUMBER: CMC 1002979 -1 5. Definitions A. Terrorist activity means any of the following, regardless of any other cause or event that in any way contributes concurrently or in any sequence to the loss, cost or expense: 1. Any deliberate, unlawful act that: a. Is declared by any authorized governmental official to be or to involve terrorism, terrorist activity or acts of terrorism; or b. Includes, involves, or is associated with the use or threatened use of force, violence or harm against any person, tangible or intangible property, the environment, or any natural resources, where the act or threatened act is intended, in whole or in part, to: (1) Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; or (2) Influence, disrupt or interfere with any government related operations, activities or policies; or (3) Intimidate, coerce or frighten the general public or any segment of the general public; or (4) Disrupt or interfere with a national economy or any segment of a national economy; or c. Includes, involves, or is associated with, in whole or in part, any of the following activities, or the threat thereof: (1) Hijacking or sabotage of any form of transportation or conveyance, including but not limited to spacecraft, satellite, aircraft, train, vessel, or motor vehicle; or (2) Hostage taking or kidnapping; or (3) The use of any biological, chemical, radioactive, or nuclear agent, material, device or weapon; or (4) The use of any bomb, incendiary device, explosive or firearm; or (5) The interference with or disruption of basic public or commercial services and systems, including but not limited to the following services or systems: electricity, natural gas, power, postal, communications, telecommunications, information, public transportation, water, fuel, sewer or waste disposal; or (6) The injuring or assassination of any elected or appointed government official or any government employee; or (7) The seizure, blockage, interference with, disruption of, or damage to any government buildings, institutions, functions, events, tangible or intangible property or other assets; or (8) The seizure, blockage, interference with, disruption of, or damage to tunnels, roads, streets, highways, or other places of public transportation or conveyance. LMCIT ME079 (11I01)(Rev. 11109) Page 2 of 3 COVENANT NUMBER: CMC 1002979 -1 2. Any of the activities listed in section A.1.c. above shall be considered terrorist activity except where you can conclusively demonstrate to us that the foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator that are unrelated, in whole or in part, to any intention to: a. Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; or b. Influence, disrupt or interfere with any government related operations, activities or policies; or c. Intimidate, coerce or frighten the general public or any segment of the general public; or d. Disrupt or interfere with a national economy or any segment of a national economy. B. Terrorism loss occurrence means all individual losses arising from terrorist activity, occurring during any period of 72 consecutive hours. C. LMCIT terrorism occurrence loss cost means the cost to LMCIT for covered loss, costs or expenses from a single terrorism loss occurrence, gross of any applicable deductibles. D. For any terrorism loss occurrence, the terrorism loss coverage percentage is equal to $50,000,000 divided by the LMCIT terrorism occurrence loss cost for that terrorism loss occurrence. LMCIT ME079 (11 /01)(Rev. 11/09) Page 3 of 3 COVENANT NUMBER: CMC 1002979 -1 1 • • so- 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. 11/01) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 This Endorsement modifies coverage provided under the Municipal Property Coverage. A. We will pay for direct physical loss of or damage to Covered Property in which you and a loss payee as shown in this endorsement have an insurable interest. B. The following is added to Section VIII - Condition 6., paragraph c.: (3) For Covered Property in which both you and the loss payee have an insurable interest, we will adjust losses with you; and pay any claim for loss or damage jointly to you and the loss payee, as interests may appear. LOSS PAYEE US BANK NATIONAL ASSOCIATION ATIMA EP -MN- WS3C ATTN: CORPORATE TRUST SERVICES 60 LIVINGSTON AVENUE SAINT PAUL, MN 55107 RE: 2105 37TH AVENUE NE. 4950 CENTRAL AVENUE NE. All other terms and conditions remain unchanged. f1A Executive Director, LMCIT LMCIT MPCBP -115 (11105) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 err • � • -• - -•- - �- This endorsement modifies coverage provided under the Municipal Property Coverage by extending coverage on property in the open to the property described at the locations listed below. Loc. # Location Occupancy Additional Property To Be Covered 41 CITYWIDE VARIOUS Fire Hydrants Only. No Other Property In The Open Is Covered. 42 559 MILL STREET VARIOUS 2003 Onan Generator. 43 4633 IVANHOE PLACE VARIOUS 2007 Cat Generator. 46 637 38TH AVE NE MSC 2007 Onan Genset Generator/Trans Switch. 47 4400 RESERVOIR BLVD PUMP HOUSE #2 2007 Onan Genset Generator. 48 4101 STINSON BLVD LIFT STATION #3 2005 Kohler Generator. 49 530 MILL STREET MURZYN HALL 2007 Onan Generator /Trans Switch. 51 40TH & CENTRAL NE VARIOUS Clock Tower. 55 JACKSON POND STORM WATER RETENTION POND Equipment. 57 39TH AVE /JEFFERSON ST NE /HUSET PKWY. MONUMENT Monument. 58 3965 JEFFERSON ST - HUSSET PARK PORTABLE RESTROOM SPECIALTY UN Portable Restroom. 59 721 -51ST AV- SULLIVAN PARK PORTABLE RESTROOM SPECIALTY UN Portable Restroom. 60 4956 JOHNSON ST - RAMSDELL PARK PORTABLE RESTROOM SPECIALTY UN Portable Restroom. 61 4301 STINSON BLVD - SILVER LAKE PARK PORTABLE RESTROOM SPECIALTY UN Portable Restroom. All other terms and conditions remain unchanged. LMCIT MPCBP -209 (11/05) Page 1 of 1 Covenant # CMC 1002979 -1 CITY: Columbia Heights, City Of & Columbia Heights EDA HRA 1. Coverage applies to mobile property if identified as "COVERED ". COVERED /NOT COVERED: COVERED 2. Unless scheduled below, the most LMCIT will pay for loss to mobile property is the smaller of: (a) The cost of repairing or replacing parts with equivalent size, kind, and quality; (b) 200% of the fair market value; (c) The cost to replace the mobile property with a new unit without deduction for depreciation; or (d) $100,000 3. With respect only to individual units of mobile property scheduled below, 2 (d) above is increased to the amount displayed in the Limit column. Description of Mobile Property (Make, Model and Year) Serial No. Limit 1 1994 CASE FRONT END LOADER #0770 $ 174,040 2 2000 CAT 428 TRACTOR /BACKHOE #1795 $ 135,969 3 2010 TRACKLESS MTV TRACTOR W /EQUIPMENT MT6 -1295 $ 141,408 4 1998 MCQUEEN MT TRACKLESS TRACTOR #1475 $ 119,653 5 2007 TORO 580D LAWN MOWER #0152 $ 103,336 6 2007 CAT 938G11 LOADER #2454 $ 179,479 LMCIT PM -109 (11/97)(Rev. 11/16) Page 1 of 1 Covenant Number: MUNICIPAL LIABILITY DECLARATIONS CMC 1002979 -1 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES r+ INSURANCE TRUST LEAGUEo, (Herein called LMCIT) MINNESOTA CITIES Item 1. CITY: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA Item 2. COVERAGE PERIOD: From: 06/01/2017 To: 06/01/2018 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 WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: PER OCCURRENCE LIMIT * $ 2,000,000 PRODUCTS LIMIT $ 3,000,000 Annual Aggregate FAILURE TO SUPPLY CLAIM LIMIT $ 3,000,000 Annual Aggregate EMF CLAIM LIMIT $ 3,000,000 Annual Aggregate NOT MEDICAL AND RELATED EXPENSE LIMIT $ COVERED Any One Person /occurrence LIMITED CONTAMINATION LIABILITY CLAIM LIMIT ** $ 2,000,000 Per Sudden Occurrence $3,000,000 Annual Aggregate OUTSIDE ORGANIZATION CLAIM LIMIT ** $ 100,000 Annual Aggregate DATA SECURITY BREACH CLAIM LIMIT $ 3,000,000 Annual Aggregate LAND USE AND SPECIAL RISK LITIGATION LIMIT * ** $ 1,000,000 Annual Aggregate * LMCITs maximum limit of liability for COVERAGES A and C combined. ** LIMIT includes damages, loss adjustment expense, defense costs, and supplementary payments. * ** LIMIT includes litigation costs. Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations) $ 1,000 Per Occurrence Item 6. RETROACTIVE DATES: MUNICIPAL LIABILITY RETROACTIVE DATE: 05/09/1995 LIMITED CONTAMINATION LIABILITY CLAIM RETROACTIVE DATE: 06/01/2002 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: CMC(11 /16) MGL- 1(11/12) ME014(11/15) ME058(11/01) ME062(11/02) ME066(11/11) ME077(11/14) ME084(11/14) ME091(11/11) LMCIT DEC -013 (11/86)(Rev. 11/15) Page 1 of 1 COVERED PARTY COVENANT NUMBER EFFECTIVE DATE Columbia Heights, City of & EDA & HRA CC 1002979 06/01/2017 Emergency Medical Technician Endorsement Coverage A. Municipal Liability is amended with respect to the Retroactive Date as follows: This Coverage applies to any Bodily Injury, Property Damage, or Personal Injury arising out of those activities in the capacity of an Emergency Medical Technician, which occurred prior to June 01, 2002, but not before May 09, 1997 provided the City, at the inception of these coverages had no knowledge of any Claim or Suit, or knowledge of any Bodily Injury, Property Damage, or Personal Injury which might reasonably be expected to result in a Claim or Suit. All other terms and conditions remain unchanged. / ) fXA Executive Director, LMCIT LMCIT ME091(11/11) Page 1 of 1 MINNESOTA CITIES CITY Columbia Heighta, CityOf& Columbia Heights COVENANT NUMBER CM[�1002979-1 EDAHRA 58U4[Vh Ave. NE Columbia Heighta, MN 55421-3878 HAZARD PREMIUM BASIS ADVANCED PREMIUM PREMIUM INCLUDED FOR ALL HAZARDS WHERE A PREMIUM BASIS IS SHOWN Premises Operations Code Basis EMPLOYMENT B 142.00 LAND USE A 8.155.00 POLICE c 26.00 SEWER DEPARTMENT D 7.249 EXPENDITURES E 31.011,738 WD FAULT SEWER BACK-UP COVERAGE O 7.249 SKATEBOARD PARKS F 1 COVENANT NUMBER: CMC 1002979 - 1 MUNICIPAL LIABILITY (Cont'd.) Municipal Liability Hazard Codes When used as a premium basis: Code (A) Number of Households Definition: A household is a single housing unit (e.g., an apartment complex with 10 units consists of 10 households). Rate is per household. (B) Number of Full Time Equivalent's (FTE's) Definition: FTE's are defined as employees who are eligible for the Public Employees Retirement Association (PERA) of MN as defined in Minn. Stat. 353.01. Rate is per FTE. (C) Number of Police Officers FTE'S Definition: For purposes of police liability, please provide the number of police officer FTE's separately here. Rate is per Police Officer FTE. (D) Number of Sewer Connections Definition: For the purposes of LMCIT liability rating is the number of actual Sewer connections by type of connection (e.g., residential, business, industrial, etc.) Rate is per sewer connection. (E) Expenditures Definition: Ratable expenditures are defined as total expenditures net of transfers and depreciation. Rate is per $1,000 (F) Each means per unit. LMCIT MGL -1 (01 /95)(Rev. 11/12) Page 2 of 2 COVENANT NUMBER: CMC 1002979 -1 It is agreed that with respect to coverage afforded only for bodily injury, property damage and personal injury under Coverage A - Municipal Liability Coverage, the Covered Party provision is amended to include the person or organization named below, but only with respect to, and to the extent of, claims made upon the additional covered party by reason of the acts or omissions of the City or its agents or employees and not by reason of any act or omission of the additional covered party or its agents or employees. NAME OF PERSON OR ORGANIZATION St. Paul Festival & Heritage Foundation Attn: Parades 429 Landmark Center - 75 West 5th Street St. Paul, MN 55102 City of Northfield Attn: Elizabeth Wheeler 801 Washington Street Northfield, MN 55057 Defeat of Jesse James Committee, Inc. P.O. Box 23 Northfield, MN 55057 Anoka County & Anoka County HRA Attn: Kate Thunstum, CDBG Coordinator 2100 3rd Avenue Anoka, MN 55303 Central Plaza Association 2227 University Avenue St. Paul, MN 55114 Carmax 12800 Tuckahoe Creek Pkwy. Richmond, VA 23238 LOCATION OF PREMISES OR CONTRACT OR OPERATIONS Re: Participating in the Winter Carnival Parade. Re: Defeat of Jesse James Days Celebration; Northfield, MN. Re: Defeat of Jesse James Days Celebration; Northfield, MN. Re: Anoka County CDBG Program. Re: Use of Central Plaza during Columbia Heights Jamboree Parade. Re: Use of Property at: 6900 Lakeland Ave. Brooklyn Park, MN for Police and Fire Training. For the persons or organizations listed above, coverage afforded by this endorsement is further limited in the following respects: 1. Coverage afforded to the additional covered party only applies to the extent permitted by law; 2. If coverage or additional covered party status is required by contract: A. Coverage afforded to the additional covered party will not be broader than that which the city is contractually required to provide; and B. The most LMC/T will pay on behalf of the additional covered party is the lesser of either: 1) the limit of coverage required by the contract; or 2) the Limits of Coverage otherwise available as specified in Section III - Limits of Coverage. This endorsement shall not increase the applicable Limits of Coverage shown in the Declarations or as specified in Section III - Limits of Coverage. All other terms and conditions remain unchanged. LMCIT ME014 (11 /96)(Rev. 11/15) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 Coverage A. Municipal Liability is amended with respect to the retroactive date as follows: This coverage applies to claims resulting from any occurrence prior to May 09, 1995 but not before May 09, 1990 and only for claims for bodily injury, property damage, or personal injury, provided that the city as of May 30, 2002 had no knowledge of any occurrence which might reasonably have been expected to result in a claim or suit. All other terms and conditions remain unchanged. LMCIT ME058 (03 /93)(Rev. 11/01) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 It is understood and agreed that COVERAGE B. MEDICAL AND RELATED EXPENSE, is excluded and the limits stated for MEDICAL AND RELATED EXPENSE on DEC -013 do not apply. All other terms and conditions remain unchanged. LMCIT ME062 (01 /95)(Rev. 11/02) Page 1 of 1 COVENANT COMPREHENSIVE MUNICIPAL LIABILITY • a ® Coverage A Municipal Liability ❑ Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury ❑ Coverage A Municipal Liability, except for Bodily Injury, Property Damage or Personal Injury ❑ Coverage B Medical and Related Expense 0 Coverage C Automobile Liability - Bodily Injury and Property Damage rX-1 Coverage D Land Use and Special Risk Litigation R Coverage E, F Uninsured and Underinsured Motorists Coverage and Basic Economic Loss Benefits Coverage In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: Columbia Heights Economic Development Authority; Columbia Heights Housing and Redevelopment Authority for all coverage where ❑ is X'd above. All other terms and conditions remain unchanged. LMCIT ME066 (11 /96)(Rev. 11/11) Page 1 of 1 COVENANAT NUMBER: CIVIC 1002979 -1 Section I, Coverage A, Municipal Liability Coverage, is amended to include no -fault sewer back -up and water main break coverage as outlined below. 1. No -fault sewer back -up coverage a. If all of the following four conditions are met, LMCIT will pay for claims presented by the city for sewer back- up damage to property of others which was not caused by city negligence: (1) The sewer back -up resulted from a condition in the city's sewer system; (2) The sewer back -up was not the result of an obstruction or other condition in sewer pipes or lines which are not part of the city's sewer system or which are not owned or maintained by the city; and (3) The sewer back -up was not caused by or related to an excluded incident; and (4) The date of the occurrence giving rise to the claim for damages must be on or after the retroactive date shown on this endorsement. b. However, LMCIT will not pay for any damages or expenses: (1) Which are or would be covered under a National Flood Insurance Program flood insurance policy, whether or not such insurance is in effect; or (2) For which the property owner has been reimbursed or is eligible to be reimbursed by any homeowners' or other property insurance. 2. No -fault water main break coverage. LMCIT will pay for claims presented by the city for water main break damage to property of others which was not caused by city negligence. But LMCIT will not pay for any damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. 3. Definitions For purposes of this endorsement, the following definitions apply. a. Excluded incident means any of the following: (1) Any weather- related or other event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. §§ 5121 -5206, commonly known as the Stafford Act; or (2) Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours; or (3) Rainfall or precipitation which exceeds any of the following amounts: • 2.0 inches in a 1 -hour period; or • 2.5 inches in a 3 -hour period; or • 3.0 inches in a 6 -hour period; or • 3.5 inches in a 12 -hour period; or • 4.0 inches in a 24 -hour period; or • 4.5 inches in a 72 -hour period; or • 5.5 inches in a 168 -hour period. LMCIT ME077 (11 /07)(Rev. 11/14) Page 1 of 2 COVENANAT NUMBER: CIVIC 1002979 -1 b. Sewer back -up damage means damage to property, including removal and clean -up costs, resulting from a sewer back -up. c. Water main break damage means damage to property, including removal and clean -up costs, resulting from the rupture of a city water main, line or pipe. 4. Limits a. LMCIT will not pay more than $10,000 for sewer back -up damage to any building under this endorsement, regardless of the number of occurrences or the number of claimants. For purposes of this limit (1) A structure or group of structures served by a single connection to the city's sewer system is considered a single building. (2) If a single structure is served by more than one connection to the city's sewer system, the portion of the structure served by each respective connection is considered a separate building. b. LMCIT will not pay more than $10,000 for water main break damage to any claimant, regardless of the number of occurrences or the number of properties affected. c. LMCIT will not pay more than $250,000 for water main break damage resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or $10,000. The sum of the preliminary reimbursement figures for all claimants will be calculated. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. 5. Deductibles The amount LMCIT pays for sewer back -up damages or water main break damage under this endorsement is subject to the Municipal Liability Deductible shown in the Municipal Liability Declarations or the General Annual Aggregate Deductible if any shown in the Common Coverage Declarations. For purposes of the Municipal Liability Deductible, all claims for sewer back -up damages which are covered under this endorsement, which occur within a 72 hour period, and which result from or are related to the same condition or conditions in the city's sewer system are deemed to be a single occurrence; and water main break damage which is covered under this endorsement and which occurs during any period of 72 consecutive hours is deemed to be a single occurrence. 6. Retroactive Date The retroactive date for this endorsement is 06/27/2005. All other terms and conditions remain unchanged. LMCIT ME077 (11 /07)(Rev. 11/14) Page 2 of 2 COVENANT NUMBER: CMC 1002979 -1 It is hereby understood and agreed that Coverage A. Municipal Liability, exclusion p. (5) Fireworks displays or exhibitions, is deleted for the following event only. Fireworks Display - Heights Jamboree All other terms and conditions remain unchanged. LMCIT ME084 (11 109)(Rev. 11/14) Page 1 of 1 Covenant Number: MUNICIPAL AUTOMOBILE DECLARATIONS CMC 1002979 -1 Coverage is Provided by: , THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LEAGUEoi (Herein called LMCIT) MINNESOTA CITIES Item 1. CITY: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA From: 06/01/2017 To: 06/01/2018 12:01 AM Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS COVENANT, LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: COVERAGE: LIMIT: AUTOMOBILE LIABILITY *$2,000,000 Per Occurence BASIC ECONOMIC LOSS BENEFITS Basic Minnesota Statutory Cvg. UNINSURED AND UNDERINSURED MOTORISTS $ 200,000 Per Occurence AUTOMOBILE PHYSICAL DAMAGE Actual Cash Value, Unless Endorsed * LMCITs maximum limit of liability for COVERAGES A and C combined. Item 5. DEDUCTIBLE (SUBJECT TO GENERAL ANNUAL AGGREGATE DEDUCTIBLE, IF ANY,SHOWN ON COMMON COVERAGE DECLARATIONS). $ 1,000 per occurrence Item 6. FORMS AND ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: A0010(11/16) CMC(11/16) ME079(11/09) MA082(11/09) ME049(11/16) ME057(11/15) ME063(11/01) ME066(11/11) ME091(11/11) LMCIT DEC -016 (11/86)(Rev. 11/15) Page 1 of 1 COVERED PARTY ('OWN ANT NTTMRFR FFFF( TIVF T)ATF Columbia Heights, City of & EDA & HRA CC 1002979 06/01/2017 Emergency Medical Technician Endorsement Coverage A. Municipal Liability is amended with respect to the Retroactive Date as follows: This Coverage applies to any Bodily Injury, Property Damage, or Personal Injury arising out of those activities in the capacity of an Emergency Medical Technician, which occurred prior to June 01, 2002, but not before May 09, 1997 provided the City, at the inception of these coverages had no knowledge of any Claim or Suit, or knowledge of any Bodily Injury, Property Damage, or Personal Injury which might reasonably be expected to result in a Claim or Suit. All other terms and conditions remain unchanged. LMCIT ME09 I (I l /11) Executive Director, LMCIT Page 1 of I COVENANT NUMBER: CMC 1002979 -1 This endorsement amends the Municipal Automobile Physical Damage Coverage. In consideration of the additional premium of $ INCLUDED it is understood and agreed that with respect to the units scheduled below: 1111tT,I11 1995 FORD LS9000 ENGINE #1 0058 $ 239,810 1985 FORD L9000 ENGINE #4 0591 $ 122,489 1990 FORD RESCUE #1 8732 $ 130,000 2002 FORD E450 AMBULANCE 5524 $ 105,591 2004 Gladiator Quint LADDER TRK 7382 $ 596,229 2006 INT'L 4300 JETTER 6095 $ 141,000 2011 ELGIN SWEEPER 2199 $ 172,367 2014 INT'L 7500 3928 $ 328,025 2016 INT,L 7400 0145 $ 492,127 2017 TYMCO 600 ST SWE 4371 $ 187,830 2017 Ford F250 Crew Cab 9145 $ 49,651 SECTION III - LIMITS OF COVERAGE AND VALUATION, paragraph 1. a. (1) (2) is deleted and the following substituted: a. The most we will pay for any scheduled unit stolen or damaged in any one loss is the smaller of: (1) The cost of repairing or replacing parts with like kind and quality without deduction for depreciation; (2) The cost of an equivalent new automobile without deduction for depreciation; (3) The limit stated in this endorsement as applicable to each covered automobile. However, if the repairs are equal to or greater than 80% of the actual cash value, the most we will pay is the smaller of: (1) 200 percent of the actual cash value of the automobile; (2) The cost of an equivalent new automobile without deduction for depreciation; (3) The limit stated in this endorsement as applicable to each covered automobile. All other terms and conditions remain unchanged. LMCIT ME049 (01 /95)(Rev. 11/16) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -1 It is agreed that with respect to the coverage afforded under the Automobile Liability Coverage the Covered Party provision is amended to include the person or organization named below, but only with respect to the ownership, maintenance, or use of the automobile designated below. NAME OF PERSON ORGANIZATION Executive Leasing LLC 9700 63rd Avenue North Suite 250 Maple Grove, MN 55369 DESCRIPTION OF AUTOMOBILE 2012 CHEVROLET SUBURBAN 8301 For the persons or organizations listed above, coverage afforded by this endorsement is further limited in the following respects: 1. Coverage afforded to the additional covered party only applies to the extent permitted bylaw; 2. If coverage or additional covered party status is required by contract: A. Coverage afforded to the additional covered party will not be broader than that which the city is contractually required to provide; and B. The most LMC/T will pay on behalf of the additional covered party is the lesser of either: 1) the limit of coverage required by the contract; or 2) the Limits of Coverage otherwise available as specified in Section III - Limits of Coverage. This endorsement shall not increase the applicable Limits of Coverage shown in the Declarations or as specified in Section III - Limits of Coverage. All other terms and conditions remain unchanged. LMCIT ME057 (01 /95)(Rev. 11/15) Page 1 of 1 COVENANT NUMBER: CMC 1002979 -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. 11/01) Page 1 of 1 COVENANT NUMBER: CMC r COMPREHENSIVE ® Coverage A Municipal Liability ❑ Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury ❑ Coverage A Municipal Liability, except for Bodily Injury, Property Damage or Personal Injury ❑ Coverage B Medical and Related Expense 0 Coverage C Automobile Liability - Bodily Injury and Property Damage ® Coverage D Land Use and Special Risk Litigation N Coverage E, F Uninsured and Underinsured Motorists Coverage and Basic Economic Loss Benefits Coverage In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: Columbia Heights Economic Development Authority; Columbia Heights Housing and Redevelopment Authority for all coverage where ❑ is X'd above. All other terms and conditions remain unchanged. LMCIT ME066 (11/96)(Rev. 11/11) Page 1 of 1 Covenant Number: LLC 1002980-1 Previous Covenant Number: LLC 3234 MUNICIPAL LIQUOR LIABILITY Coverage Is Provided By: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) Item 1. CITY and MAILING ADDRESS: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40th Ave. NE Columbia Heights, MN 55421-3878 Item 2. LOCATION(S) OF COVERED PREMISES: 1 - 4950 Central Avenue NE Columbia Heights MN 55421 2 - 2105 37th Avenue NE Columbia Heights MN 55421 3 - 5225 University Avenue NE Columbia Heights MN 55421 Item 3. COVERAGE PERIOD: From: 06/01/2017 To: 06/01/2018 Item 4. COVERAGE LIMITS: Municipal Liquor Liability Limit $ 1,000,000 $ 1,000,000 12:01 AM Standard Time at Mailing Address Indicated Above LEAGUE or MINNESOTA CITIES Per OccurrencelPer Covered Premises Annual Aggregate/Per Covered Premises Item 5. MUNICIPAL LIQUOR LIABILITY DEDUCTIBLE: $ ----------- Per Occurrence Item 6. PREMIUM: $ 8,956 Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: MLLC0 1/15) / f; � Executive Director, LMCIT LMCIT DEC-021 (11/97)(Rev. 11/15) Page 1 of 1 COVENANT NUMBER: LLC 1002980 -1 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. A. COVERAGE AGREEMENT 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. 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 d. Municipal gas agency; body or entity first named in the Declarations. Unless specifically named in the Declarations, "city" shall not e. Welfare or public relief agency; include any of the following: a. Gas, electrical or steam utilities commission; b. Port authority, housing and redevelopment authority, economic development authority, area or municipal redevelopment authority or similar agency; c. Municipal power agency; f. School board: or 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. LMCIT MLLC (11 /97)(Rev. 11/15) Page 1 of 6 COVENANT NUMBER: LLC 1002980 -1 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: 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; 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 (6) Other authorized person or agent of the member; "city" while acting on behalf of the "city ", but excluding independent contractors; (d) Other authorized person or agent of the governmental member, but excluding (7) "City" relief association and its members, 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 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 deductible paid by LMCIT. 5. Subject to the Annual Aggregate Limit shown in the Declarations, this covenant shall be construed to provide at least the coverage required under Minn. Stat. Sec. 340A.409. LMCIT MLLC (11 /97)(Rev. 11/15) Page 2 of 6 COVENANT NUMBER: LLC 1002980 -1 1. Coverage territory means: 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. Relief association means the following: a. A relief association as defined under Minnesota Statute §424.001, subd.4; or b. A relief associate that has elected to continue to be in existence under the provisions of Minnesota Statute §353G.03. 7. 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 MLLC (11/97)(Rev. 11/15) Page 3 of 6 COVENANT NUMBER: LLC 1002980 -1 LMCIT will pay, with respect to any claim or suit LMCIT defends: 1. All expenses LMCIT incurs. 2. The cost of bonds to release attachments, but only 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, 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 "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. d. For which the "city" is not authorized to indemnify b. If claim is made or suit is brought against the any person by statute; or "covered party ", the "covered party" shall immediately forward to LMCIT every demand, notice, summons or e. Which constitutes dishonesty on the part of a other process received by him or his representative. "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 available witnesses, shall be given by or for the 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. LMCIT MLLC (11/97)(Rev. 11/15) Page 4 of 6 COVENANT NUMBER: LLC 1002980 -1 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 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. LMCIT MLLC (11/97)(Rev. 11/15) Page 5 of 6 COVENANT NUMBER: LLC 1002980 -1 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 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. 11/15) Page 6 of 6 Covenant Number: MUNICIPAL EXCESS LIABILITY DECLARATIONS MEL 1002981-1 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST MEL 8878 — (Herein called LMCIT) Item 1. CITY and MAILING ADDRESS: LEAGUE of MINNESOTA CITIES COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40th Ave. NE Columbia Heights, MN 55421-3878 Item 2. COVERAGE PERIOD: From: 06/01/2017 To: 06/01/2018 12:01 AM Standard Time at Mailing Address Indicated on Item 1. Item 3. RETROACTIVE DATE: 06/01/2007 Item 4. THE COVERED PARTY IS: CITY Item 5. LIMITS OF COVERAGE: Aggregate Limit $ 1,000,000 Item 6. PREMIUM: $ 44,328 Item 7 FORM NUMBERS AND/OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: M ELC( 11/16) f;� Executive Director, LMCIT LMCIT DEC-017 (11/96)(Rev. 11115) Page 1 of 1 Covenant Number: OML 1002982-1 Previous Covenant Number: OML 13523 LEAGUE or MINNESOTA CITIES Item 1. COVERED PARTY and MAILING ADDRESS: COLUMBIA HEIGHTS, CITY OF & COLUMBIA HEIGHTS EDA HRA 590 40th Ave. NE Columbia Heights, MN 55421-3878 Item 2. COVERAGE PERIOD: From: 06/01/2017 To: 06/01/2018 12:01 AM Standard Time at Mailing Address Indicated Above Item 3. RETROACTIVE DATE: 06/01/2002 Item 4. THE COVERED PARTY IS: 0 City ❑ Joint Powers Entity ❑ Others (Describe) Item 5. DEFENSE COST REIMBURSEMENT LIMITS: 1. Agreement Term Annual Aggregate Per City Official: 2. Agreement Term Annual Aggregate: Item 6. PREMIUM: $ NO CHARGE_ Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: OMLRA-1 (11/14) ME06301/01) $ 50,000 $ 250,000 lefXA Executive Director, LMCIT LMCIT DEC-019 (11/93)(Rev. 11/14) Page 1 of 1 COVENANT NUMBER: OML 1002982 -1 1. DEFENSE COST REIMBURSEMENT COVERAGE 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: 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. 11. 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. Ill. 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. 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 LMCITs requests for information, investigative data, records, or any other material documentation. 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. & 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. 7. 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. 8. 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 pool. The amount of any liabilities in excess of assets may be assessed to LMCIT pool participants when a deficiency is identified. LMCIT OMLRA -1 (11 /93)(Rev. 11/14) Page 1 of 2 COVENANT NUMBER: OML 1002982 -1 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. 3. "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 commission 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. 5. "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. "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 OMLRA -1 (11 /93)(Rev. 11/14) Page 2 of 2 COVENANT NUMBER: OML 1002982 -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. 11/01) Page 1 of 1